Tracts on Liberty by the Levellers and their Critics, Volume 1, 1638-1640

Leveller Tracts

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TRACTS ON LIBERTY BY THE LEVELLERS AND THEIR CRITICS (1638-1659), 7 VOLUMES (LIBERTY FUND, 2010).

[The Liberty of the Freeborne English-Man, Conferred on him by the house of lords. June 1646. John Lilburne. His age 23. Year 1641. Made by G. Glo. “Gaze not upon this shaddow that is vaine, But rather raise thy thoughts a higher straine, To GOD (I meane) who set this young man free, And in like straits, can eke (also) deliver thee. Yea though the lords have him in bonds againe LORD of lords will his just cause maintaine.”]

A Note on the Collection of Tracts and Pamphlets

This collection of tracts and pamphlets by the Levellers and some of their critics is different from others in a number of areas: its size (over 120 separate items), the strict chronological ordering of the texts, the balance in the authorship (with more titles by Richard Overton and John Lilburne), and the conversion of all facsimile versions of the texts to modern typeface.

We have arranged the collection of Leveller tracts and pamphlets in chronological order (where this is possible). We have done this is order to highlight the impact that one tract may have had upon others that were published after it in time. In some cases a number of tracts were direct responses, often refutations, of earlier works. Others were triggered by particular historical events and so it might be useful to consult this collection alongside the chronology we plan to add to the “Timeline” section of the Online Library of Liberty website < http://oll.libertyfund.org/index.php?option=com_contenttask=blogcategoryid=58Itemid=273 >.

The balance of authorship of the tracts and pamphlets also played an important role in the selection criteria of the collection. We wanted to have a rough balance between those tracts which were the joint production of several authors designed to express the views of a group such as the soldiers of the New Model Army; those tracts which were clearly the work of a single identifiable author (such as Richard Overton, John Lilburne, or William Walwyn); tracts by supporters of the parliamentary cause (William Prynne), and tracts which were written by critics or luke-warm supporters of the Leveller cause and which prompted often spirited replies from the Leveller leadership.

Many tracts have multiple authors or were written anonymously. The authorship of many tracts is disputed by historians so we have attempted to assign authorship on the best evidence available to us. Where we are certain about the authorship (for example, their name might appear on the title page) the name is given without brackets. When the authorship is disputed or uncertain the name is placed in square brackets. Pamphlets without any known author are described as “Anon.”.

A firm date of publication was sometimes given, but often not. The first date in the table of contents for each volume is the estimated time of publication. Sometimes this has been estimated by the date the work was entered into the 17th century London bookseller George Thomason’s collection which forms the basis for much or our knowledge of the Leveller movement. Sometimes a date is provided in the text itself. The date is followed by the author’s name when it is available; then comes the edition of the tract or pamphlet we have used in this collection. It is sometimes a later or revised edition if the original is no longer available. The order in which the texts are listed in each volume is to place texts with detailed dates at the beginning (e.g. 18 october 1647) and texts with only the year at the end.

Spelling in the mid-17th century was somewhat erratic and we have not attempted to modernize it, preferring to leave it as it was written. We have given the full title of each work as it appears on the title page. Many of the titles are very long and rather florid in their style but they give a good sense of the spirited way in which the pamphlets were written. Information about the publisher, when given, is also idiosyncratic with directions sometimes given to help readers find their way to the bookseller - e.g. “to be sold at his Shop at the Signe of the Golden Anchor, neere Pauls-Chaine” - or very creative ways of giving the date of publication, such as “Printed in the yeare the Beast was Wounded 1638”. Where no publisher was given on the title page we indicate this by [n.p.] (no publisher). Occasionally a title with a long name will have become known to modern readers by an abbreviated title, such as [The Petition of September] with the use of square brackets to show that this is an alternate title.

The names of authors and publishers were often deliberately withheld from being published because of the very real fear of arrest and imprisonment. Occasionally a fictitious author’s and publisher’s name would be given to disguise the identity of those involved in publishing the work. Richard Overton even went so far as to openly mock the censors with this amusing fake announcement of the title page: “By Yongue Martin Mar-Priest, Son to old Martin the Metrapolitane. This is Licenced, and printed according to Holy Order, but not Entered into the Stationers Monopole. Europe. Printed by Martin Claw Clergie, Printer to the Reverend Assembly of Divines and are to be should at his Shop in Toleration Street, at the Signe of the Subjects Liberty, right opposite to Persecuting Court. 1645.”

We have not included the famous Putney Debates within the General Council of Officers of October and November 1647 in this collection as these are already online at the Online Library of Liberty along with many other documents. <http://oll.libertyfund.org/title/2183>. The same is true for the Whitehall Debates within the General Council of Officers of December 1648 and January 1649 which can be found here <http://oll.libertyfund.org/title/2183/201033>.

Additional Information on the Levellers.

The following material on the English Revolution is available at the Online Library of Liberty:

1. The English Revolution topic page: <http://oll.libertyfund.org/collection/68>.

2. Key Documents of Liberty: 17th Century England <http://oll.libertyfund.org/readinglists/view/376-key_documents_of_liberty_th_century_england>.

3. Joyce Lee Malcom, The Struggle for Sovereignty: Seventeenth-Century English Political Tracts, 2 vols, ed. Joyce Lee Malcolm (Indianapolis: Liberty Fund, 1999). Accessed from http://oll.libertyfund.org/title/1823 on 2010-04-28.

4. Samuel Rawson Gardiner, The Constitutional Documents of the Puritan Revolution, 1625-1660, selected and edited by Samuel Rawson Gardiner (Oxford: Clarendon Press, 1906). Accessed from http://oll.libertyfund.org/title/1434 on 2010-04-28.

5. Arthur Sutherland Pigott Woodhouse, Puritanism and Liberty, being the Army Debates (1647-9) from the Clarke Manuscripts with Supplementary Documents, selected and edited with an Introduction A.S.P. Woodhouse, foreword by A.D. Lindsay (University of Chicago Press, 1951). Accessed from http://oll.libertyfund.org/title/2183 on 2010-04-28.

6. Sir William Clarke, The Clarke Papers. Selections from the Papers of William Clarke, Secretary to the Council of the Army, 1647-1649, and to General Monck and the Commanders of the Army in Scotland, 1651-1660, ed. C.H. Firth (Camden Society, 1901). 4 vols. Accessed from http://oll.libertyfund.org/title/1983 on 2010-04-28.

For additional information about the authors and texts we recommend the following works for their useful introductions, scholarly footnotes, and commentaries. A number of them reproduce the texts in facsimile form so readers can see what the original texts looked like.

PRIMARY SOURCES

Catalogue of the Pamphlets, Books, Newspapers and Manuscripts Relating to the Civil War, the Commonwealth and Restoration, collected by George Thomason, 1640-1661, G.K. Finlayson (London: Trustees of the British Museum, 1908), 2 vols.

The Clarke Papers. Selections from the Papers of William Clarke, Secretary to the Council of the Army, 1647-1649, and to General Monck and the Commanders of the Army in Scotland, 1651-1660, ed. C.H. Firth (Camden Society, 1901). 4 vols.

The English Levellers, ed. Andrew Sharp (Cambridge University Press, 2004).

Freedom in Arms: A Selection of Leveller Writings, edited and with an Introduction by A.L. Morton. Foreword by Christopher Hill (New York: International Publishers, 1975).

Leveller Manifestoes of the Puritan Revolution, Edited, with an introduction and commentaries by Don M. Wolfe. Foreword by Charles Beard (New York: Humanities Press, 1967). (Thomas Nelson Sons, 1944).

H.N. Brailsford, The Levellers and the English Revolution, edited and prepared for publication by Christopher Hill (Manchester: Spokeman Books, 1976).

The Leveller Tracts, 1647-1653, edited by William Haller and Godfrey Davies (Gloucester, Mass.: Peter Smith, 1964). (New York: Columbia University Press, 1944).

Marie Gimelfarb-Brack, Liberté, Égalité, Fraternité, Justice: La vie et l’oeuvre de Richard Overton, Niveleur (Berne: Peter Lang, 1979).

Puritanism and Liberty: Being the Army Debates (1647-9) from the Clarke Manuscripts with Supplementary Documents, selected and edited by A.S.P. Woodhouse. Foreword by A.D. Lindsay (University of Chicago Press, 1951).

Tracts on Liberty in the Puritan Revolution 1638-1647, edited, with a Commentary, by William Haller. Volume I. Commentary. Volume II. Facsimiles, Part I. Volume III. Facsimiles, Part II. (New York: Octagon Books, Inc., 1965) (Columbia University Press, 1934).

The Writings of William Walwyn, ed. Jack R. McMichael and Barbara Taft. Foreword by Christopher Hill (Athens: University of georgia Press, 1981).

SECONDARY SOURCES

Jonathan Scott, Algernon Sidney and the English Republic, 1623-1677 (Cambridge University Press, 2004).

Biographical Dictionary of British Radicals in the Seventeenth Century, 3 volumes, ed. Richard L. Greaves and Robert Zaller (Brighton, Sussex: The Harvester Press, 1983).

Carl Watner, “ ‘Come What, Come Will!’ Richard Overton, Libertarian Leveller,” The Journal of Libertarian Studies, Vol. IV, no. 4 (Fall 1980), pp. 405-432,

Brian Manning, The English People and the English Revolution (Harmondsworth: Penguin, 1978).

Christopher Hill, The Experience of Defeat: Milton and Some Contemporaries (New York: Penguin, 1985).

P. Zagorin, A History of Political Thought in the English Revolution (London: Routledge and Kegan Paul, 1966).

Christopher Hill, Intellectual Origins of the English Revolution (Oxford: Clarendon Press, 1982).

David Wootton, “Leveller democracy and the Puritan Revolution,” in The Cambridge History of Political Thought, 1450-1700, ed. J.H. Burns with the assistance of Mark Goldie (Cambridge University Press), pp. 412-42.

Joseph Frank, The Levellers: A History of the Writings of Three Seventeenth Century Social Democrats, John Liburne, Richard Overton, William Walwyn (Cambridge, Mass.: Harvard University Press, 1955).

Richard A. Gleissner, “The Levellers and Natural Law: The Putney Debates of 1647,” The Journal of British Studies, vol. 20, no. 1, (Autumn 1980), pp. 74-89.

William Haller, Liberty and Reformation in the Puritan Revolution (New York: Columbia University Press, 1955).

Christopher Hill, Milton and the English Revolution (Harmondsworth: Penguin, 1979).

A. Sharp, Political Ideas of the English Civil War 1641-1649 (London: Longman, 1983).

C.B. MacPherson, The Political Theory of Possessive Individualism: Hobbes to Locke (Oxford University Press, 1975).

Politics and People in Revolutionary England, ed. C. Jones M. Newitt, and S. Roberts (Oxford: Blackwell, 1986).

Michael B. Levy, “Property and the Levellers: The Case of John Lilburne,” The Western Political Quarterly, vol. 36, no. 1 (March 1983), pp. 116-33.

The Putney Debates of 1647: The Army, the Levellers and the English State, ed. michael Mendle (Cambridge University Press, 2001).

L. Solt, Saints in Arms: Puritanism and Democracy in Cromwell’s Army (Stanford University Press, 1959).

Christopher Hill, Some Intellectual Consequences of the English Revolution (The University of Wisconsin Press, 1980).

Three British Revolutions: 1641, 1688, 1776, ed. J.G.A. Pocock (Princeton University Press, 1980).

Christopher Hill, The World Turned Upside Down: Radical Ideas During the English Revolution (Harmondsworth: Penguin, 1974).

The Printer to the Reader

I Desire thee to amend with thy pen, one fault escaped in the printing, by negligence, and the Authors absence, which is in the 3. page and 10. line, namely secretaries for sectaries: And if there be any more faults (as none liveth without some) I also desire that thou wilt shew thy patience by thy silence, and that thou may rather make a profitable use of the sence, then anywise strive about words; even as thou wouldest except the like favour of me or any other in thy absence, if thou be one that shewest they selfe thus carefull and zealous for the publicke: especially now in such extreeme need. Farewell.

[From William Walwyn’s The poore Wise-mans Admonition (10 June, 1647). ]

Table of Contents

Tracts on Liberty by the Levellers and their Critics (1638-1659), in 7 volumes:

• Volume 1: 1638-1643

• Volume 2: 1644-1645

• Volume 3: 1646

• Volume 4: 1647

• Volume 5: 1648

• Volume 6: 1649

• Volume 7: 1651-1659

Tracts on Liberty by the Levellers and their Critics, Volume 1: 1638-1643

1. 12 March 1638 - John Lilburne, The Christian Mans Triall: or, a True Revelation of the first apprehension and severall examinations of John Lilburne, With his Censure in Star-Chamber, and the manner of his cruell whipping through the Streets: whereunto is annexed his Speech in the Pillory, and their gagging of him: Also the severe Order of the Lords made the same day for fettering his hands and feet in yrons, and for keeping his friends and monies from him, which was accordingly executed upon him for a long time together by the Wardens of the Fleet, with a great deale of barbarous cruelty and inhumanity, etc. The Second Edition, with an addition. London: Printed for William Larnar, and are to be sold at his Shop at the Signe of the Golden Anchor, neere Pauls-Chaine, 1641).

2. 1638 - John Lilburne, A Light for the Ignorant or A Treatise shewing, that in the new Testament, is set forth three Kingly States or Governments, that is, the Civill State, the true Ecclesiasticall State, and the false Ecclesiasticall State. Seene and allowed, Printed in the yeare, 1638. [n.p.].

3. 1638 - John Lilburne, A Worke of the Beast, or A Relation of a most unchristian Censure, Executed upon John Lilburne, (Now prisoner in the fleet) the 18 April 1638. With the heavenly speech uttered by him at the time of his suffering. Very usefull for these times both for the encouragement of the Godly to suffer, And for the terrour and shame of the lords Adversaries. (Printed in the yeare the Beast was Wounded 1638). [n.p.].

4. September 1641 - [ William Walwyn ], A New Petition of the Papists. The Humble Petition of the Afflicted Brethren. (Printed in the Yeare 1641). [n.p.].

5. November 1641 - Robert Greville, Lord Brooke, A Discourse opening the nature of that Episcopacie, which is exercised in England. Wherein, With all Humility, are represented some Considerations tending to the much-desired Peace, and long expected Reformation, of This our Mother Church. The Second Edition, Corrected and Enlarged. (London: Printed by R.C. for Samuel Cartwright, and are to be sold at the signe of the Hand and Bible in Ducke-Lane, 1642).

6. 2 July 1642 - Henry Parker, Observations upon some of his Majesties late Answers and Expresses. The second Edition corrected from some grosse errors in the Presse. [n.p.].

7. 12 October, 1642 - John Goodwin, Anti-Cavalierism, or Truth Pleading As well the Necessity, as the Lawfulness of this present War, for the suppressing of that Butcherly brood of Cavaliering Incendiaries, who are now hammering England, to make an Ireland of it: Wherein All the materiall objections against the lawfulness of this undertaking, are fully cleered and answered, And All Men That Either Love God, Themselves, or Good men, exhorted to Contribute all manner of assistance hereunto. (London: Printed by G.B. and R.W. for Henry Overton, At his Shop in Popes-Head-Alley).

8. 10 November 1642 - [ William Walwyn ], Some Considerations Tending to the Undeceiving those, whose Judgments are Misinformed. [n.p.].

9. 15 April 1643 - William Prynne, The Soveraigne Power of Parliaments and Kingdomes, Or, Second part of the treachery and Disloyalty of Papists to their Soveraignes. Wherein the Parliaments and Kingdomes Right and Interest in, and Power over the Militia, Ports, Forts, Navy, Ammunition of the realme, to dispose of them unto Confiding Officers hands, in these times of danger. Their Right and Interest to nominate and Elect all needfull Commanders, to exercise the Militia for the Kingdomes safety, and defence: As likewise, to Recommend and make choise of the Lord Chancellor, Keeper, Treasurer, Privy Seale, Privie Counsellors, Judges, and Sheriffes of the Kingdome, When they see just Cause: Together with the Parliaments late Assertion; That the King hath no absolute Negative Voice in passing publicke Bills of Right and Justice, for the safety, peace, and common benefit of his People, when both Houses deeme them necessary and just: are fully vindicated and confirmed, by pregnant Reasons and variety of Authorities, for the satisfaction of all Malignants, Papists, Royalists, who unjustly Censure the parliament proceedings, Claimes and Declarations, in these Particulars. It is this 28th. day of March, 1643. ordered by the Committee of the House of Commons in Parliament concerning Printing, that this booke intituled, The Soveraigne Power of Parliaments and Kingdomes, be forthwith Printed by Michael Sparke, Senior. Iohn White. Printed at London: by J.D. for Michael Sparke, Senior. 1643.

10. 19 September 1643 - [ William Walwyn ], The Power of Love (London: Printed by R.C. for John Sweeting, at the signe of the Angell in Popes-head Alley, 1643).

11. 7 October 1643 - William Prynne, An Humble Remonstrance against The Tax of Ship-money Lately Imposed: Laying open the Illegality, Injustice, Abuses, and Inconveniences thereof. Written by William Prynne, Esqu. An. 1636. during his imprisonment in the Tower of London, to free his Countrey from that heavy Tax; and then communicated to some speciall friends in Writing. Since that printed without his privity, by an imperfect Copy, An. 1641. so full of Non-sence errors, and mistakes almost in every line, as makes it altogether uselesse, yea ridiculous: but now set out by a true Copy, agreeing with the originall; to right the Author, and promote the publique good. Together with some briefe Observations touching the Great Seale of England. Imprimatur Sept. 1. 1643. John White. London, Printed for Michael Sparke senior, at the signe of the Blew Bible in Greene-Arbour., 1643.

Tracts on Liberty by the Levellers and their Critics, Volume 2: 1644-1645

1. 3 January 1644 - Thomas Goodwin, Philip Nye, Sidrach Simpson, Jeremiah Burroughes, and William Bridge, An Apologetical Narration, humbly submitted to the Honourable House of Parliament. (London: Printed for Robert Dawlman, 1643).

2. 19 January 1644 - Richard Overton, Mans mortalitie: or, A treatise wherein ’tis proved, both Theologically and Philosophically, that whole Man (as a rationall creature) is a compound wholly mortall, contrary to that common distinction of Soule and Body: and that the present going of the Soule into Heaven or Hell is a meer Fiction: and that at the Resurrection is the beginning of our immortality, and then Actual Condemnation, and Salvation, and not before. With all doubts and Objections Answered, and resolved, both by Scripture and Reason; discovering the multitude of Blasphemies, and Absurdities that arise from the fancie of the Soule. Also divers other Mysteries, as, of Heaven, Hell, Christs humane residence, the extent of the Resurrection, the New Creation, c. opened, and presented to the tryall of better judgments. By R.O. Amsterdam, Printed by John Canne. Anno Dom. 1644.

3. 24 March 1644 - Henry Robinson, Liberty of Conscience: Or the Sole means to obtaine Peace and Truth. Not onely reconciling His majesty with His Subjects, but all Christian States and princes to one another, with the freest passage for the Gospel. Very seasonable and necessary in these distracted times, when most men are weary of War, and cannot finde the way to Peace. Printed in the Yeare 1643. [n.p.].

4. June or July 1644 - [ William Walwyn ], The Compassionate Samaritane Unbinding The Conscience, and powring Oyle into the wounds which have beene made upon the Separation: recommending their future welfare to the serious thoughts and carefull endeavors of all who love the peace and unity of Commonwealths men, or desire the unanimous prosecution of the Common Enemie, or who follow our Savious rule, to do unto others, what they would have others do unto them. The Second Edition, corrected, and enlarged. Printed in the Yeare 1644. [n.p.].

5. 29 July 1644 - [ William Walwyn ], Good Counsell to All those that heartily desire the glory of God, the freedome of the Commonwealth, and the good of all vertuous men. [n.p.].

6. 2 September 1644 - John Goodwin, Theomachia; Or the Grand Imprudence of men running the hazard of Fighting Against God, In suppressing any Way, Doctrine, or Practice, concerning which they know not certainly whether it be from God or no. Being the substance of two Sermons, Preached in Colemanstreet, upon occasion of the late disaster sustain’d in the West. With some necessary Enlargements thereunto. The second time Imprinted. (London: Printed for Henry Overton, and are to be sold at his Shop entering into Popes-head-Alley out of Lumbard-street. 1644).

7. 7 January 1645 - John Lilburne, A Copy of a Letter, Written by John Lilburne Lieut. Collonell. To Mr. William Prinne Esq. (Upon the coming out of his last booke, intitled Truth triumphing over Falshood, Antiquity over Novelty) In which he laies down five Propositions, which he desires to discusse with the said Mr. Prinne. [n.p.].

8. 6 February 1645 - [ William Walwyn ], A Helpe to the right understanding of a Discourse concerning Independency. Lately published by William Pryn of Lincolnes Inne, Esquire. Printed Anno Dom. 1644. [n.p.].

9. 8 April 1645 - [ Richard Overton ], The Araignment of Mr. Persecution. Presented to the Consideration of the House of Commons, and to all the Common People of England. Wherein he is Indicted, Araigned, Convicted, and Condemned of enmity against God, and all Goodness, of Treasons, Rebellion, Bloodshed, etc. and sent to the place of Execution, In the prosecution whereof, the Jesuiticall Designes, and secret Encroachments of his Defendants, Sir Symon Synod and the John of all Sir Johns, Sir John Presbiter, upon the Liberty of the Subject is detected and laid open. By Yongue Martin Mar-Priest, Son to old Martin the Metrapolitane. This is Licenced, and printed according to Holy Order, but not Entered into the Stationers Monopole. Europe. Printed by Martin Claw Clergie, Printer to the Reverend Assembly of Divines and are to be should at his Shop in Toleration Street, at the Signe of the Subjects Liberty, right opposite to Persecuting Court. 1645. [n.p.].

10. 8 October 1645 - [ John Lilburne ], Englands Birth-Right Justified Against all Arbitrary Usurpation, whether Regall or Parliamentary, or under what Vizor soever. With divers Queries, Observations and grievances of the People declaring this Parliaments present Proceedings to be directly contrary to those fundamentall Principles, whereby their Actions at first were justifyable against the King, in their present Illegall dealings with those that have sent their best Friends, Advancers and Preservers: And in other things of high concernment to the Freedom of all the Free-born People of England; By a Well-wisher to the just cause for which Lieutenant Col. John Lilburne is unjustly imprisoned in New-gate. [n.p.].

11. 11 October, 1645 - [ William Walwyn ], Englands Lamentable Slaverie Proceeding from the Arbitrarie will, severitie, and Injustices of Kings, Negligence, corruption, and unfaithfulnesse of parliaments, Covetousnesse, ambition, and variablenesse of priests, and simplicitie, carelessnesse, and cowardlinesse of People. Which slaverie, with the Remedie may be easily observed. By the scope of a modest smooth letter, written by a true Lover of his Countrey and a faithful friend to that Worthy Instrument of Englands Freedome, Lieuten. Collonell Lilburn, now unjustly imprisoned in Newgate. Being committed first, by Order and Vote of parliament without cause Shewed, and then secondly for refusing to answer some Interrogatories to their Committee of Examinations, Contrarie to 1. The Great Charter of England. 2. The very words of the Petition of right. 3. The Act made this present parliament; for the abolishing the Star Chamber. 4. The Solemne Protestation of this Kingdom. 5. And to the great Vow and Covenant for uniting the two kingdomes together. [n.p.].

12. 29 December 1645 - [ Richard Overton ], The Ordinance for Tythes Dismounted, from all Mosaicall, Evangelicall, and true Magesteriall Right. By this Valliant and most Victorious Champion, the great Anti-Clergy of our Times, via Superlative Holyness, Reverend Young Martin Mar-Priest, sohne to Old Martin the Metropolitane. Commended and Presented to the Petitioners of Hertfordshire, for their further encouragement, and for Provocation of other Counties to become Petitionary with them against the unhallowed illegall Exaction of Tythes. Europe Printed by Martin Claw-Clergy, Printer to the Reverend Assembly of Divines, for Bartholomew Bang-Priest, and are to be sold at his shop in Toleration-street, at the signe of the Subjects Liberty, right opposite to Persecution-Court, 1646.

Tracts on Liberty by the Levellers and their Critics, Volume 3: 1646

1. 29 January 1646 - [William Walwyn], Tolleration Justified, and Persecution Condemn’d. In an Answer or Examination, of the London-ministers Letter Whereof, Many of them are of the Synod, and yet framed this Letter at Sion-Colledge; to be sent among others, to themselves at the Assembly: in behalf of Reformation and Church-government, 2 Corinth. II. vers. 14. 15. And no marvail, for Sathan himself is transformed into an Angell of Light. Therefore it is no great thing, though his Ministers transform themselves, as though they were Ministers of Righteousnesse; whose end shall be according to their works. London, Printed in the Year, 1646. [n.p.].

2. February 1646 - John Lilburne and Richard Overton, The out-cryes of Oprressed Commons. Directed to all the rationall and understanding men in the Kingdome of England, and Dominion of Wales, (that have not resolved with themselves to be Vassells and Slaves, unto the lusts and wills of Tyrants.) From Lieut. Col. John Lilburne, prerogative prisone in the Tower of London, and Richard Overton, prerogative prisoner, in the infamous Gaole of Newgate. Feb. 1646. [n.p.]. The Second Edition Corrected.

3. 13 March 1646 - William Walwyn, A Whisper in the Eare of Mr. Thomas Edwards Minister. By William Walwyn marchant. Occasioned by his mentioning of him reproachfully, in his late pernitious booke, justly entitled the Gangraea. London. Printed according to Order, by Thomas Paine, for William Ley, at Pauls-Chaine, 1646.

4. 19 March 1646 - William Walwyn, A Word More to Mr. Thomas Edwards Minister, by William Walwyn Marchant. Concerning the Nationall Covenant. London, Printed according to order, by Thomas Paine. 1646.

5. 18 May 1646 - [William Walwyn], A Word in Season: to all sorts of wel minded people in this miserably distracted and distempered nation. Plainly manifesting, that the safety and wel-being of the Common-wealth under God, dependeth on the fidelity, and stedfast adherence of the people, to those whom they have chosen, and on their ready compliance with them. Also, That the destruction and bondage of the Common-wealth in generall, and of every good minded man in particular cannot be avoided, if the people, through want of consideration, shall give eare to any other counsels or counsellers. Published by authority for the publique good., London, Printed by Thomas Paine, dwelling in Red-Crosse-street, in Goldsmiths-Alley, over against the signe of the Sugar-Ioafe, 1646.

6. 10 June 1646 - William Walwyn, An Antidote against Master Edwards his old and new Poyson: intended to preserve this long distempered Nation from a most dangerous Relaps. Which his former, his later, and next Gangrenous Book is likely to occasion, if not timely prevented. By William Walwin. London, Printed by Thomas Paine, dwelling in Red-Crosse-street, in Goldsmiths-Alley, over-against the signe of the Sugar-Ioafe. 1646.

7. 16 June 1646 - John Lilburne, The Free-mans Freedom Vindicated. Or A true Relation of the cause and manner of Lievt. Col. Iohn Lilburns present imprisonment in Newgate, being thereunto arbitrarily and Illegally committed, by the House of Peeres, Iune 11. 1646. for his delivering in, at their open Barre, under his Hand and Seal, his Protestation, against their incroaching upon the Common Liberties of all the Commons of England, in endeavouring to try him, a Commoner of England, in a criminall cause, contrary to the expresse tenour and forme of the 29. Chap. of the great Charter of England, and for making his legall and iust appeal to his competent, propper and legal Tryers and Judges, the Commons of England, in Parliament assembled. [n.p.]. 1646.

8. 29 June 1646 - [William Walwyn], The Just Man in Bonds, or, Lieut. Col. John Lilburne close prisoner in Newgate, by order of the House of Lords. [n.p.].

9. 23 June 1646 - [William Walwyn], A Pearle in a Dounghill. Or Lieu. John Lilburne in New-gate: Committed illegally by the House of Lords, first for refusing (according to his Liberty) to answer Interrogatories, but protesting against them as not being competent Judges, and appealing to the House of Commons. Next committed close prisoner for his just refusing to kneel at the House of Lords Barre. [n.p].

10. June 1646 - William Larner, A Vindication of every Free-mans libertie against all Arbitrary power and Government, Or, A Letter of William Larner, Prisoner, to Sir Henry Vane junior, a Parliament man: Wherein is set forth his unjust Imprisonment, and cruell hard dealings towards the said William Larner. [n.p.].

11. 17 July 1646 - [Richard Overton], A Remonstrance of Many Thousand Citizens, and other Free-born People of England, To their owne House of Commons. Occasioned through the Illegall and barbarous Imprisonment of that Famous and Worthy Sufferer for his Countries Freedoms, Lieutenant Col. John Lilburne. Wherein their just Demands in behalfe of themselves and the whole Kingdome, concerning their Publick Safety, Peace and Freedome, is Express’d; calling thoise their Commissioners in Parliament to an Account, how they (since the beginning of their Session, to this present) have discharged their Duties to the Universallity of the People, their Sovereign Lord, from whom their Power and Strength is derived, and by whom (ad bene placitum) it is continued. Printed in the Yeer. 1646. [n.p.].

12. 1 August 1646 - [Richard Overton], An Alarum to the House of Lords: Against their insolent Usurpation of the Common Liberties, and Rights of this Nation. Manifested by them, in their present Tyrannicall Attempts against that Worthy Commoner, Lieutenant Col. John Lilburne, Defendour of the Faith, And of his Countries Freedoms, both by his Words, Deeds and Sufferings, against all Tyrants in the Kingdome; Whether Black-coats, Papists, Kings, Lords, c. Printed in the Yeer. 1646. [n.p.].

13. 4 August 1646 - S. Shepheard, The Famers Fam’d or an Answer, To two Seditious Pamphlets, the one Intituled The Just Man in Bonds, the other A Pearle in a Dunghill, written in behalfe of that notorious Lyar, and Libeller John Lilburne. Also a full reply, with a confutation of a certaine objections devised by the Trayterous Author of a Seditioous and unparraled libel, Intituled A Remonstrance of many Thousand Citizens, and other free borne People of England, to their own House of Commons, etc. Wherein the wickednesse of the Authors, and their Abettors, the destructive course of their Sectaries, and their Adherors is amply discovered. So that all (not wilfully blind) may cleerely see, that they are men stirred up by mass Enemie, the Devill, as to ruine themselves, so this poor Nation, that yet lies Bedrid of her wounds lately received. And ought to be avoided as Serpents, to be contemned as Abjects, and to be delivered over to Satan, as Blasphemers and reprobates... Written by S. Shepheard. London, Printed for John Hardesty, at the Signe of the Black-spread Eagle in Ducke-Lane, 1646.

14. 11 August 1646 - William Walwyn, A Prediction of Mr. Edwards. His Conversion, and Recantation. (London. Printed by T.P. for G. Whittington and N. Brookes, at the signe of the Angell in Cornhill, below the Exchange. 1646).

15. 21 August 1646 - [John Lilburne], Liberty Vindicated against Slavery. Shewing, that Imprisonment for Debt, refusing to answer Interrogatories, long imprisonment, though for just causes. Abuse of Prisons, and cruell Extortion of Prison-keepers, are all destructive to the fundamentall Laws and common Freedomes of the people. Published for the use of all the Free-borne of England, whom it equally concernes, by occasion of the House of Lords commitment of Lieut. Col. John Lilburn, close prisoner, first to New-gate, and next to the Tower. By a lover of his Country, and sufferer for the Common Liberty. Printed in the yeare 1646. [n.p.]

16. 9 September 1646, [Richard Overton], A Defiance against all Arbitrary Usurpations Or Encroachments, either of the House of Lords, or any other, upon the Soveraignty of the Supreme House of Commons, (the High Court of Judicature of the Land) or upon the Rights, Properties and Freedoms of the people in generall. Whereunto is annexed, A Relation of the unjust and barbarous proceedings of the House of Lords, against that worthy Commoner, Mr. Overton, who standeth by them committed to the most contemptuous Goal of Newgate, for refusing to Answer to Interrogatories, and Appealing from that Court to the Honourable House of Commons (as by the great Charter of England he was bound) for the triall of his cause. Howsoever the House of Lords do suggest in their Commitment of him, that it was for his contemptuous words and gesture, refusing to answer unto their Speaker. Which being every mans case, is published by his friends for the publick benefit of all the Free-born people of England, as it was enclosed in a Letter to one of his friends. Printed in the yeer 1646. [n.p.]

17. 7 October 1646, [William Walwyn], A Demurre to the Bill for Preventing the Growth and Spreading of Heresie. Humbly presented to the Honourable House of Commons. [n.p.].

18. 12 October 1646 - Richard Overton, An Arrow against all Tyrants and Tyrany, shot from the prison of New-gate into the Prerogative bowels of the Arbitrary House of Lords, and all other Usurpers and Tyrants whatsoever. Wherein the originall rise, extent, and end of magisteriall power, the naturall and nationall rights, freedomes and properties of mankind are discovered, and undeniably maintained; the late oppressions and encroachments of the Lords over the commons legally (by the fundamental laws and statutes of the realm, as also by a memorable extract out of the records of the Tower of London) condemned; the late Presbyterian ordinance (invented and contrived by the diviners, and by the motion of Mr. Bacon and Mr. Tate read in the House of Commons) examined, refuted, and exploaded, as most inhumaine, tyranicall and barbarous. By Richard Overton Prerogative archer to the arbitrary House of Lords, their prisoner in Newgate, for the just and legal properties rights and freedoms of the commons of England. Sent by way of a letter from him, to Mr Henry Martin, a Member of the House of Commons. Imprimatur rectat justitia. London, Printed at the backside of the Cyclopian Mountains, by Martin Claw-Clergy, printer to the reverend Assembly of Divines, and are to be sould at the signe of the Subjects Liberty, right opposite to persecuting Court. 1646.

19. 29 October 1646 - William Walwyn, A Parable, or Consultation of Physitians upon Master Edwards. Doctors: Love. Justice. Patience. Truth. Observers: Conscience. Hope. Piety. Superstition. Policie. London, Printed by Thomas Paine, for Giles Calvert, and are to be sold at his shop at the Black spread Eagle, at the west end of Pauls Church. 1646.

20. October 1646 - John Lilburne, London’s Liberty in Chains discovered. And, published by Lieutenant Colonell John Lilburn, prisoner in the Tower of London, Octob. 1646. [n.p.]

21. 19 November, 1646 - John Lilburne, Vox Plebis, or The Peoples Out-cry Against Oppression, Injustice, and Tyranny. Wherein the Liberty of the Subjects is asserted, Magna Charta briefly but pithily expounded. Lieutenant Colonell Lilburnes Sentenced published and refuted. Committees arraigned, Gaolers condemned, and remedies provided. London printed 1646, in the sitting of Parliament, during which time the presses ought to be free and open, as the Parliament declared to the Bishops at the beginning thereof. [n.p.].

22. 18 December 1646 - John Lilburne, The Charters of London: or, The second Part of Londons Liberty in Chaines discovered. In which by the ancient, rationall, and fundamentall Charters of the famous City of London, is proved and declared, that it is the true and undeniable right of all and every the Barons, Burgesses, Free-men, or Commoners of London, to have their free vote in chusing out, annually from amongst themselves, a Lord Major, two Sheriffes, and all their Alder-men; which Aldermen are annually to be removed by the Commons of every Ward; and being removed, may not be chosen again for the ensuinge yeare, but others by common consent are to be put into their places. Also it is declared, to be the right of the said Barons or Commons, to chuse the Bridgemasters, Chamberlaiin, Common-Clerk, and Common-Sergeant, etc. of the City of london, and to be removed by them when they please. All which privileges, with many others, they are now rob’d of, by their late incroaching, and usurping, illegall Lord Mayors, Aldermen, etc. Upto which Charters is annexed, a Discourse, to prove, that though Kings and Parliaments may confirme unto the people their rights, freedoms and liberties; yet it lies not in their poweer to take them from them againe when they please; no, not at all: because all betrusted powers are (as both Kings Parliaments, all other Magistrates whatsoever are,) ought always to be, for the good of the Trusters, and not for their mischief and hurt. In which is also proved, that all Pattentee-Monopolizing-Corporations are against, and destructive to the fundamentall Laws of England; and that it is impossible for justice, peace, or prosperity, to flourish in this kingdom, till they be all abolished. With divers other things worth the knowledg of all the free-men, not only of London, but of all England. For whose good this is published by Lieut. Col: John Liburn, prisoner in the Tower of London, for the common liberties of the kingdome against the usurpations of the House of Lords. Printed at London. Decemb. 18. 1646. [n.p.].

Tracts on Liberty by the Levellers and their Critics, Volume 4: 1647

1. 6 January 1647 - John Lilburne, Regall Tyrannie discovered: Or, A Discourse, shewing that all lawfull (approbational) instituted power by God amongst men, is by common agreement, and mutual consent. Which power (in the hands of whomsoever) ought alwayes to be exercised for the good, benefit, and welfare of the Trusters, and never ought other wise to be administered: Which, whensoever it is, it is justly resistable and revokeable; It being against the light of Nature and reason, and the end wherefore God endowed Man with understanding, for any sort or generation of men to give so much power into the hands of any man or men whatsoever, as to enable them to destroy them, or to suffer such a kind of power to be excercised over them, by any man or men, that shal assume it unto himself, either by the sword, or any other kind of way. In which is also punctually declared, The Tyrannie of the Kings of England, from the dayes of William the Invader and Robber, and Tyrant, alias the Conqueror, to this present King Charles, Who is plainly proved to be worse, and more tyrannicall then any of his Predecessors, and deserves a more severe punishment from the hands of this present Parliament, then either of the dethroned Kings, Edw. 2. or Rich. 2. had from former Parliaments; which they are bound by duty and oath, without equivocation or colusion to inflict upon him, He being the greatest Delinquent in the three Kingdoms, and the head of all the rest. Out of which is drawn a Discourse, occasioned by the Tyrannie and Injustice inflicted by the Lords, upon that stout-faithful-lover of his Country, and constant Sufferer for the Liberties thereof, Lieut. Col. John Lilburn, now prisoner in the Tower. In which these 4. following Positions are punctually handled. 1. That if it were granted that the Lords were a legall jurisdiction, and had a judicative power over the Commons; yet the manner of their dealing with Mr. Lilburn, was, and is illegall and unjust. 2. That the Lords by right are no Judicature at all. 3. That by Law and Right they are no Law makers. 4. That by Law and Right it is not in the power of the king, nor in the power of the House of Commons it selfe, to delegate the legislative power, either to the Lords divided, or conjoyned; no, nor to any other person or persons whatever. Vnto which is annexed a little touch, upon some palbable miscarriages, of some rotten Members of the House of Commons: which House, is the absolute sole lawmaking, and law-binding Interest of England. London, Printed Anno Dom. 1647. [n.p.].

2. 10 February 1647 - [ Richard Overton ], The Commoners Complaint: Or, A Dreadful Warning from Newgate, to the Commons of England. Presented To the Honourable Committee for consideration of the Commoners Liberties. Wherein (as in a Glasse) every Free-man of England may clearly behold his own immanent insufferable bondage and slavery under the norman-Prerogative Men of this Kingdom, represented by the present sufferings of Richard Overton; who for his just Vindication of the Commoners Rights and Freedoms against the Arbitrary Domination of the House of Lords, hath by them bin imprisoned these 6 Months in the Goal of Newgate, his wife and brother also by them most unjustly cast into maidenlane prison: And from thence, she (with her tender babe of half a years age in her armes) was, for refusing active subjection to their Arbitrary Orders, dragg’d most barbarously and inhumanely head-long upon the stones through the streets in the dirt and mire (as was her husband formerly (Novemb. 3. 1646) for the said cause) worse then Rebels, Traytors, Thieves, or Murtherers, to the place of execution: And in that most contemptible and villainous manner cast into the most reproachful, infamous Goal of Bride-well: And their 3 small children (as helplesse Orphans bereft of father and Mother, Sister and Brother) exposed to the mercy of the wide world. Whereunto is annexed the repsective Appeales of his wife, and of his brother, unto the High Court of Parliament, the Commons of England assembled at Westminster. Printed Ann Dom. 1646. [n.p.].

3. March 1647 - [ Several Hands but probably a major role by William Walwyn ], [also known as “ The Petition of March ”], To the Right Honourable and Supreme Authority of this Nation, the Commons in Parliament assembled. The humble Petition of many thousands, earnestly desiring the glory of God, the freedome of the Commonwealth, and the peace of all men. [n.p.].

4. March/April 1647 - William Walwyn, A Still and Soft Voice From the Scriptures Witnessing them to be the Word of God. Printed in the Yeare, 1647. [n.p.].

5. 30 April 1647 - John Lilburne, The resolved mans Resolution, to maintain with the last drop of his heart blood, his civill Liberties and freedomes, granted unto him by the good, just, and honest declared lawes of England, (his native Country) and never to sit still, so long as he hath a tongue to speake, or a hand to write, til he hath either necessitated his Adversaries, the house of Lords, and their Arbitrary Associates in the house of Commons, either to doe him justice and right, by delivering him from his causelesse and illegall imprisonment, and out unto him, legall and ample reparations, for all his unjust sufferings or else send him to Tyburne: of which he is not afraid, and doubteth not if they doe it, but at and by his death, to doe them (Sampson like) more mischief, then he did them all his life. All which is expressed and declared in the following Epistle, written by Lieut. Coll. John Lilburne, Prerogative Prisoner in the Tower of London, to a true friend of his, a Citizen thereof, Aprill 1647. [n.p.].

6. 5 June 1647 - Anon., A Solemne Engagement of the Army, under the Command of his Excellency Sir Thomas Fairfax, read, assented unto, and subscribed by all Officers, and Souldiers of the severall Regiments, at the generall Rendezvous neare Newmarket, on the fift of June, 1647.

7. 14 June 1647 - [ Signed by John Rushworth, attributed to Henry Ireton ], [ Declaration of the Army ], A Declaration, or, Representation From his Excellency, Sir Thomas Fairfax, And the Army under his command, Humbly tendred to the parliament, Concerning the iust and Fundamentall Rights and Liberties of themselves and the kingdome. With Some humble Proposals and Desires. June 14, 1647. By the appoyntment of his Excellency Sir Thomas Fairfax, With the Officers and Souldiers of his Army, Signed John Rushworth, Secretary. London, Printed for George Wittington at the Blew Anchor in Corn-hill, neere the Exchange. 1647.

8. 10 June 1647 - [ William Walwyn ], The poore Wise-mans Admonition unto All the plaine People of London, and Neighbour-Places. To strengthen them in the houre of temptation, that they may be happy and exemplary instruments to all other People, in preserving the City, Parliament, and whole Nation, from imminent and sudden destruction. Printed in the Yeere 1647.

9. 14 June 1647 - [ William Walwyn ], Gold Tried in the Fire, or The burnt Petitions revived. A Preface. [n.p.].

10. 21 June 1647, [ Several hands, calling themselves “Agitators” ], A Copie of a Letter Sent From the Agitators of his Excellency Sir Thomas Fairfax’s Armie, To All the honest Sea-men of England: Heartily and cordially declaring their reall intentions to the peace and prosperity of the Kingdome, and the firme setling and establishing of all the just Interests thereof, into the hands and posessions the right Owners of them. Dated at S. Albans 21. June 1647. Published by the Order and speciall desire of the said Agitators. London: Printed for R.A. 1647.

11. 17 July 1647 - [ Richard Overton ], An Appeale from the degenerate Representative Body the Commons of England assembled at Westminster: To the Body Represented, The free people in general of the several Counties, Cities, Townes, Burroughs, and places within this Kingdome of England, and Dominion of Wales. And in especiall, To his Excellency Sir Thomas Fairfax (Captaine Generall) and to all the Officers and Souldiers under his Command. By Richard Overton, Prisoner in the infamous Goale of Newgate, for the Liberties and Freedomes of England. London, Printed in the yeare, 1647. [n.p.]

12. 15 October 1647 - [ Signed by Several People, but attributed to John Wildman ], The Case of the Armie Truly stated, together with the mischiefes and dangers that are imminent, and some sutable remedies, Humbly proposed by the Agents of five Regiments of Horse, to their respective Regiments, and the whole Army. As it was presented by Mr. Edmond Bear, and Mr. William Russell, October 15. 1647. unto his Excellency, Sir Thomas Fairfax. Enclosed in a Letter from the said Agents: Also his Excellencies Honourable Answer thereunto. London: Printed in the Yeare, 1647.

13. 29 October 1647 - [ John Wildman ], A Cal to all the Souldiers of the Armie, by the Free People of England. 1. Justifying the Proceedings of the Five Regiments. 2. Manifesting the necessity of the whole Armies joyning with them, in all their faithfull endeavours, both for removing of all Tyranny and oppression, chiefly Tythes and Excise, and establishing the just liberties and peace of this Nation. 3. Discovering (without any respect of persons) the chiefe Authors, contrivers and increasers of all our miseries, especially the new raised hypocrits, by whose treacherous practices, all the just intentions and actions of the Adjutators and other well minded Souldiers, have been made fruitless. Printed in the yeare 1647. [n.p.].

14. 3 November 1647 - [ Several Hands ], An Agreement of the People for a firme and present Peace, upon grounds of common-right and freedome; As it was proposed by the Agents of the five Regiments of Horse; and since by the generall approbation of the Army, offered to the joynt concurrence of all the free Commons of England. Printed Anno. Dom. 1647. [n.p.]

15. 23 November 1647 - [ Signed by Several ], [ The Petition of November ], To the supream Authority of England, the Commons in Parliament assembled. The humble Petition of many free-born people. Together with a Copy of the Order of the Commitment of five of the Petitioners, viz. Mr. Thomas Prince, and Mr. Samuel Chidley in the Gate-House. Capt. Taylor, Mr. William Larner, and Mr. Ives in Newgate. As also some Observations upon the said Order. [n.p.].

16. October/November 1647 - [ Several Hands ], “ The Putney Debates ”, The General Council of Officers at Putney. These important debates are not included in this collection of tracts. They are available at the Online Library of Liberty website from the book Puritanism and Liberty, being the Army Debates (1647-9) from the Clarke Manuscripts with Supplementary Documents, selected and edited with an Introduction A.S.P. Woodhouse, foreword by A.D. Lindsay (University of Chicago Press, 1951). <http://oll.libertyfund.org/title/2183>.

17. 14 December 1647 - [ Signed by Several, attributed to John Lilburne ], Englands Freedome, Souldiers Rights : Vindicated against all arbitrary unjust Invaders of them, and in particular against those new Tyrants at Windsore, which would destroy both under the pretence of Marshall Law. Or, The just Declaration, Plea and Protestation of William Thompson, a free Commoner of England, unjustly imprisoned at Windsore. Delivered to his Excellency Sir Thomas Fairfax, and that which is called his Councell of Warre, the 14 of December, 1647. Unto which is annexed his Letter to the Generall, wherein the said Plea was inclosed. Also a Petition of the rest of his Fellow-Prisoners to his Excellency. [n.p.].

18. 30 December 1647 - John Wildman (with William Walwyn), Putney Projects. Or the Old Serpent in a new Forme. Presenting to the view of all the well affected in England, the Serpentine deceit of their pretended friends in the Armie, indeavouring to introduce Tyranny and Slavery in a new method. Composed by the diligent and impartiall observation and certain intelligence of John Lawmind. London, Printed in the yeare. 1647. [n.p.].

Tracts on Liberty by the Levellers and their Critics, Volume 5: 1648

1. 1 January 1648 - William Prynne, A New Magna Charta: Enacted and confirmed By the High and Mighty States, the Remainder of the Lords and Commons, now sitting at Westminster, in Empty Parliament, under the Command and Wardship of Sir Thomas Fairfax, Lievtenant Generall Cromwell, (our present Soveraigne Lord the King, now residing at his Royall Pallace at White-Hall) and Prince Ireton his sonne, and the Army under their Command. Containing the many new, large and ample Liberties, Customes and Franchises, of late freely granted and confirmed to our Soveraigne lord King Charles, his Heires and Successors; the Church and State of England and Ireland, and all the Freemen, and Free-borne People of the same. Printed in the yeere 1648. [n.p.].

2. 10 January 1648 - William Prynne, The Machavilian Cromwellist and Hypocritical perfidious New Statist Discovering The most detestable Falshood, Dissimulation and Machavilian Practices of L. G. Cromwel and his Confederates, whereby they have a long time abused and cheated both the Houses, City and Country; and the wicked and treasonable things they have done, and unwarrantable means they have used, to carry on their own ambitious Designs. Printed in the year 1648. [n.p.].

3. 8 January 1648 - William Prynne, The Petition of Right of the Free-holders and Free-men of the Kingdom of England: Humbly presented to the Lords and Commons (their Representatives and Substitutes) from whom they expect a speedy and satisfactory answer, as their undoubted Liberty and Birth-right. Printed in the year, 1648. [n.p.].

4. 18 January 1648 - [ Anon. ], [ The Petition of 18 January 1648 ], To the Supream Authority of England, the Commons Assembled in Parliament, The earnest Petition of many Free-born People of this Nation. [n.p.].

5. 22 January 1648 - [ Anon ], The Mournfull Cryes of Many Thousand Poor Tradesmen, who are ready to famish through decay of Trade. Or, The warming Tears of the Oppressed. [n.p.].

6. 28 January 1648 - John Lilburne, A Defiance to Tyrants. Or The Araignment of Two Illegall Committees. viz. The close Committee of Lords and Commons appointed to examine the London Agents. And the Committee of Plundered Ministers. In two Pleas made by L.C. Lilburne Prerogative Prisoner in the the Tower of London. Wherein is clearely Declared the unjustness, arbitrariness, and absolute unlawfulness of the late proceedings of that close Committee of Lords and Commons against the London Agents. And also, Proving all the proceedings of the Committee of Plundered Ministers in summoning and imprisoning severall Citizens of London, for refusing to pay Tythes, to bee an absolute subversion of the fundamentall Lawes of the Land, and Treason of as high a nature as any the Earle of Strafford lost his head for; They making their Will a Law unto the Kingdome; There being no Law at all in the Kingdome, whereby the London-Priests can claime Tythes, or recover them from any of their Parishoners. London, Printed for the information of all men, that are not willing to be Priests ridden and to the slaves to Tyrannie and oppression, Jan. 1648. [n.p.].

7. 5 February 1648 - Henry Parker, Of a Free Trade. A discourse Seriously Recommending to our Nation the wonderfull benefits of Trade, especially of a rightly Governed, and Ordered Trade. Setting forth also most clearly, The Relative Nature, Degrees, and Qualifications of Libertie, Which is ever to be inlarged, or restrained according to that Good, which it Relates to, as that is more, or lesse ample. Written by Henry Parker Esquire. London: Printed by Fr: Neile for Robert Bostock, dwelling in Pauls Church-yard, at the Signe of the King’s Head, 1648. [n.p.].

8. 7 February 1648 - Henry Marten, The Parliaments Proceedings justified, in Declining A Personall Treaty with the King, Notwithstanding the Advice of the Scotish Commissioners to that purpose. By Henry Marten Esquire, a Member of the Commons House. London, Printed for John Sweeting at the Angel in Popes-head Alley, 1648.

9. 14 February 1648 - [ author not clear, but signed by John Lilburne, John Wildman, John Davies, Richard Woodward ], A Declaration of some Proceedings of Lt. Col. John Lilburn And his Associates: With Some Examination, and Animadversion upon Papers lately Printed, and scattered abroad. One called The earnest Petition of many Free-born People of this Kingdome: Another The mournfull Cries of many thousand poor Trades-men, who are ready to famish for want of Bread, or, The Warning Tears of the Oppressed. Also a Letter sent to Kent. Likewise a true Relation of Mr. Masterson’s Minister of Shoreditch, Signed with his owne hand. Published by Authority, for the undeceiving of those who are misled by these Deceivers, in many places of this Kingdom. (London. Printed for Humphrey Harward, and are to be sold at his Shop, the Crown and Bible at budge-Row-End, near Canning-street. Anno Domini 1648.

10. 17 February 1648 - John Lilburne, The peoples Prerogative and Priviledges, asserted and vindicated, (against all Tyranny whatsoever.) By Law and Reason. Being A Collection of the Marrow and Soule of Magna Charta, And of all the most principall Statutes made ever since to this present yeare, 1647. For the preservation of the peoples Liberties and properties. With cleare proofs and demonstrations, that now their Lawes and Liberties are nigher Subvertion, then they were when they first began to fight for them, by a present swaying powerfull Faction, amongst the Lords, Commons, and Army, that have already de facto, levelled our Lawes and Liberties to their Arbitrary and Tyrannicall Wills and pleasures, so that perfect Vassalage and Slavery (by force of Armes) in the nature of Turkish janisaries, or the Regiments of the Guards of France, is likely (to perpetuitie) to be setled, if the people doe not speedily look about them, and act vigorusly for the preventing of it. Compiled by Lievt. Col. John Lilburne, prerogative Prisoner in the Tower of London, and published by him for the instruction, information and benefit of all true hearted English-men. London, Printed in the yeare, when some of the mercinary Officers and Souldiers of Sir Thomas Fairfaxes Army, that were pretendedly raised for to fight for the Liberties and Freedomes of England, avowedly drew their Swords at the House of Commons doore, to destroy those that really stood for their Lawes and Liberties, 1647 [i.e. 1648]. [n.p.].

11. 21 February 1648 - William Prynne, The Levellers Levelled to the very Ground. Wherein this dangerous Seditious Opinion and design of some of them; That it is necessary, decent, and expedient, now to reduce the House of Peeres, and bring down the Lords into the Commons House, to sit and Vote together with them, as one House. And the false absurd, grounds whereon they build this Paradox, are briefly examined, refuted, and laid in the dust. By William Prynne, Esquire. London: Printed by T.B. for Michael Spark, 1647 [i.e. 1648].

12. 4 April 1646 - John Lilburne, The Prisoners Plea for a Habeas Corpus, Or an Epistle writ by L.C. Joh. Lilburne prerogative prisoner in the Tower of London the 4. of Aprill, to the Honourable Mr. W. Lenthall Speaker of the House of Commons. In which is fully proved, that the Judges are bound by Law and their Oaths to grant a Habeas Corpus to any prisoner whatsoever that craves it, by whomsoever committed, and to deny it (whosoever commands the contrary) is to forsweare themselves, for which they may be in Law indicted for perjury, and upon conviction, are for ever to be discharged of their office, service and councell. In which is also declared the usurpation of Mr. Oliver Crumwell, who hath forcibly usurped unto himselfe the Office of L.G. in the Army, for almost 12. moneths together, and thereby hath robbed the Kingdome of its treasure, under pretence of pay, which he hath no right unto, and by the power of the said Office hath tyrannized over the lives, Liberties, and estates of the freemen of England in a higher manner then ever Stratford or Canterbury did, all which John Lilburne will venture his life according to the Law of the Land to make good, unto which he hath annexed his Epistle which he writ to the Prentices of London the 10th of May 1639 when he was like to be murdered in the Fleet by the Bishops, as now he is like to be murdered in the Tower, by Crumwell and his tirannicall fellow Grandees. [n.p.].

13. 21 August 1648 - [ William Walwyn ], The Bloody Project, Or a discovery of the New Designe, in the present War. Being a perfect Narrative of the present proceedings of the severall Grandee Factions, for the prevention of a Just Peace, and promoting of a causelesse Warre, to the destruction of the King, Parliament People. Whereunto is annexed Several Expedients for a happy Accommodation tending to the satisfaction of all Parties, without the further effusion of blood. (W.P. Gent. Printed in this Yeare of dissembling, 1648).

14. 11 September 1648 - [ Anon. but sometimes attributed to Walwyn, Overton, or Lilburne ], [ The Petition of 11 September 1648 ], To the Right Honourable, the Commons of England In Parliament Assembled. The humble Petition of divers wel affected Persons inhabiting the City of London, Westminster, the Borough of Southwark, Hamblets, and places adjacent. Whereunto is annexed, The humble desires of the said Petitioners for the Houses resolution thereon, before they proceed with the personal Treaty. [n.p.].

15. 11 September 1648 - [ Anon. Signed by “A Lover of Peace and Truth” ], A Full Answer to the Levellers Petition, Presented to the House of Commons, On Monday Septemb. 11. 1648. Wherein the divellish poyson therein contained, is discussed throughout: By way of confutation of every materiall branch thereof. Contrived for the satisfaction of all those, who are not able to discover the danger of those destructive and abominable Principles therein delivered: And to recall those who are; or shall be misled thereby. By a Lover of Peace and Truth. Printed in the Yeere 1648. [n.p.].

16. 18 November 1648 - Oliver Cromwell, Oliver, A New Remonstrance and Declaration from the Army, to the Kings Majesty, and the Prince of Wales; and their Message, Proposals, and Protestation, for the conducting of His Majesties Royall person from the Isle of Wight, to His Palace at Westminster, in honour, freedome, and tryumph. With the time of His Majesties comming, the Articles and conditions thereof, and the Armies further proposals to the Citizens of London, concerning his Majesty, and the Presbyterian and Independent party. Sent from the Army Novemb. 18. to be printed and published. [n.p.].

17. 6 December 1648 - King Charles I, Prince of Wales, Oliver Cromwell, The Kings Majesties Message to His Highnesse the Prince of Wales. Concerning the Lord Generall Fairfax, and the Army; and His Propositions and Desires therein, to be communicated to the Right Honorable the Earl of Warwick, Lord high Admirall of England. Dated from Hurst Castle, the 6. of December, 1648. Also, His Majesties letter to the Parliament, touching the Army, and the confinement of his Royal person to the said Castle; with his desires to the Citizens of London, touching the same. And Lieutenant Gen. Crumwels Declaration in reference to the King, City, and Kingdom. Signed O. Crumwel. Printed for G. Wharton, 1648.

18. 15 December 1648 - [ Anon., sometimes attributed to Lilburne or Overton ], Foundations of Freedom, Or An Agreement of the People: Proposed as a Rule for future Government in the Establishment of a firm and lasting Peace. Drawn up by severall wel-affected Persons, and tendered to the consideration of the Generall Councell of the Army. And now offered to the Consideration of all Persons who are at liberty by Printing or otherwise, to give their Reasons, for, or against it. Unto which is annexed severall Grievances by some Persons, offered to be inserted in the said Agreement, but adjudged only necessary to be insisted on, as fit to be removed by the next Representatives. Publish’d for satisfaction of all honest Interests. London, Printed for R. Smithurst, 1648.

19. 21 December 1648 - [ Anon. ], No Papist Nor Presbyterian: But the modest Desires and proposalls of Some well-affected and Free-born People: Offered to The Generall Councell of the Armie, for Redresse of Grievances, In order to the late Representative, and Agreement of the People. Quod tibi non vis, alteri ne feceris. Published for generall satisfaction, 1649.

20. 22 December 1648 - [ Lieut. Col. John Jubbes ], Several Proposals for Peace Freedom by an Agreement of the People, Offered unto Commissary General Ireton for the Concurrence of the Army, by the Approbation and Consent of many worthy Persons of the Common Councel And others of the City of London, on the Eleventh of this instant December, To be Agreed unto, and Subscribed by all the Inhabitants of England Wales. London: Printed for J. Hanes, Decemb. 22. 1648.

21. December 1648 - January 1649 - [ Several Hands ], “ The Whitehall Debates ”, The General Council of Officers at Whitehall. These important debates are not included in this collection of tracts. They are available at the Online Library of Liberty website from the book Puritanism and Liberty, being the Army Debates (1647-9) from the Clarke Manuscripts with Supplementary Documents, selected and edited with an Introduction A.S.P. Woodhouse, foreword by A.D. Lindsay (University of Chicago Press, 1951). <http://oll.libertyfund.org/title/2183> .

22. 1648 - [ Anon. Signed by “R.KL., a Member of the Army” ], A Free Mans Plea for Freedom, Against the Arbitrairie unwarrantable actions and proceedings of the Apostate Associates, commonly called by others, Levellers. Wherein is briefly discussed how unsuitable they walke to common Right and Freedom, being more Arbitrairie and Tyrannicall then any the oppose, wanting only a power to exercise their Crueltie. By. R.L. A Member of the Army. London, Printed for Robert White. 1649.

Tracts on Liberty by the Levellers and their Critics, Volume 6: 1649

1. 19 January 1649 - [ Anon. ], To the Right Honourable, The Supreme Authority of this Nation, the Commons of England in Parliament assembled. The humble Petition of firm and constant Friends to the Parliament and Common-wealth, Presenters and Promoters of the late Large Petition of September 11. 1648. [n.p.].

2. 20 January 1649 - John Rushworth, [ The Officers’ Agreement ], A Petition from His Excellency Thomas Lord Fairfax And the General Councel of Officers of the Army, To the Honourable, the Commons of England in Parliament assembled, Concerning the Draught of An Agreement of the People For a secure and present Peace, by them framed and prepared. Together with the said Agreement presented on Saturuday, Jan. 20. And a Declaration of his Excellency and the said General Councel, concerning the same. Tendered to the Consideration of the people. By the Appointment of the Generall Councel of Officers of the Army. Signed John Rushworth, Sec. London, Printed for John Partridge, R. Harford, G. Calvert, and G. Whittington. 1649.

3. 26 February 1649 - John Lilburne, Englands New Chains Discovered; Or The serious apprehensions of a part of the People, in behalf of the Commonwealth; (being Presenters, Promoters, and Approvers of the Large Petition of September 11. 1648.) Presented to the Supreme Authority of England, the Representatives of the people in Parliament assembled. By Lieut. Col. John Liburn, and divers other Citizens of London, and Borough of Southwark; February 26. 1648. whereunto his speech delivered at the Bar is annexed. [n.p.].

4. 12 March 1649 - [ William Walwyn ], The Vanitie of the present Churches, and Uncertainty of their Preaching, discovered. Wherein The pretended immediate teaching of the Spirit, is denyed, and the all-sufficiency of the Scriptures teaching, is maintained. With, A new and true Method of reading thereof, for the peace of mind, and the rule of life. London, Printed by J. Clows, and are to be sold in Cornhill and Popes-Head-Alley, 1649.

5. 21 March 1649 - [ Signed by Robert Ward, Thomas Watfon, Simon Graunt, George Jellis, William Sawyer (or 5 “Beagles”), but attributed to Richard Overton or John Lilburne ], The Hunting of the Foxes from New-Market and Triploe-Heaths to White-Hall, by five small Beagles (late of the Armie.) Or The Drandie-Deceivers Unmasked (that you may know them.) Directed to all the Free-Commons of England, but in especiall, to all that have, and are still engaged in the Military Service of the Common-Wealth. By Robert Ward, Thomas Watson, Simon Graunt, George Jellis, and William Sawyer, late Members of the Army. Printed in a Corner of Freedome, right opposite to the Councel of Warre, Anno Domini, 1649. [n.p.].

6. 24 March 1649 - [ John Lilburne], The Second Part of Englands New-Chaines Discovered: Or a sad Representation of the uncertain and dangerous condition of the Common-Wealth: Directed To the Supreme Authority of England, the Representors of the People in Parliament assembled. By severall wel-affected persons inhabiting the City of London, Westminster, the Borough of Southward, Hamblets, and places adjacent, presenters and approvers of the late large Petition of the Eleventh of September. 1648. All persons who are assenting of this Representation, are desired to subscribe it, and bring in their Subscriptions to the Presenters and Approvers of the foresaid Petition of the 11 of Sept. London, Printed in the Year, 1649. [n.p.].

7. 4 April, 1649 - John Lilburne, Thomas Prince, Richard Overton, The Picture of the Councel of State, Held forth to the Free people of England by Lieut. John Lilburn, Mr. Thomas Prince, and Mr. Richard Overton, now Prisoners in the Tower of London, Or, A full Narrative of the late Extra-judicial and Military Proceedings against them. Together with the Substance of their several Examinations, Answers and Deportments before them at Darby house, upon the 28. of March last. Printed in the Year, 1649. [n.p.].

8. 5 April 1649 - [William Walwyn], The English Souldiers Standard to repair to, for Wisdom and Understanding in these doleful backsliding times. To be read by every honest Officer to his Souldiers, and by the Souldiers one to another. [n.p.]

9. 14 April 1649 - [Signed by John Lilburn, William Walwyn, Thomas Price, Richard Overton, sometimes attributed mainly to Walwyn], A Manifestation from Lieutenant Col. John Lilburn, Mr William Walwyn, Mr Thomas Prince, and Mr Richard Overton, (Now Prisoners in the Tower of London) And others, commonly (though unjustly) styled Levellers. Intended for their Full Vindication from the many aspersions cast upon them, to render them odious to the World, and unserviceable to the Common-wealth. And to satisfie and ascertain all men whereunto all their Motions and Endeavours tend, and what is the ultimate Scope of their Engagement in the Publick Affaires. They also that render evill for good, are Our adversaries: because we follow the thing that good is. Printed in the year of our Lord, 1649. [n.p.]

10. 23 April 1649 - [John Prince], Walwyns Wiles: Or The manifesters Manifested viz. Lieut. Col. John Lilburn, Mr William Walwyn, Mr Richard Overton, and Mr Tho. Prince. Discovering themselves to be Englands new Chains and Irelands back Friends. Or The hunting of the old Fox with his Cubs and the Picture of the Picturers of the Councel of State. Declaring the subtle and crafty Wiles of the Atheisticall Blasphemous, foul-murthehring principles, and practises of Mr William Walwyn, in plentifull instances, confirming the same with some advertisements to Lieu. Col. John Lilburn, and Mr Tho. Prince. By a Lover of the Present, and Eternall, interest of Man-kinde. The Second Edition, Corrected and amended. April 23. 1649. Imprimatur, Henry Whalley. London, Printed for H.C. and L.L. 1649.

11. 1 May 1649 - John Lilburne, William Walwyn, Thomas Prince, Richard Overton, An Agreement of the Free People of England. Tendered as a Peace-Offering to this distressed Nation. By Lieutenant Colonel John Lilburne, Master William Walwyn, Master Thomas Prince, and Master Richard Overton, Prisoners in the Tower of London, May the 1. 1649. London, Printed for Gyles Calvert at the blaclkspread-Eagle at the West end of Pauls, 1649.

12. 4 May 1649 - Robert Lockier, John Lilburne, and Richard Overton, The Army’s Martyr, Or, A more ful Relation of the barbarous and illegall proceedings of the Court-Martiall at White-Hall Upon Mr. Robert Lockier: Who was shot to death in Paul’s Church-yard upon the 27 day of April, 1649. And a brief Narrative of the Cause thereof. With his Christian carriage and deportment, and his dying Speeches to all his fellow-souldiers at the time of his Execution, as an everlasting witnesse of his integrity to the Rights and Freedoms of the Common-Wealth. With a Petition Of divers well-affected persons, and a Letter of Lieut. Col. Jo. Lilburne, and M. Ri. Overton, Presented to the General in his behalf. Printed at London in the Yeer 1649. [n.p.].

13. 14 May 1649 - Oliver Cromwell, The Declaration of Lieutenant Generall Crumwel Concerning the Levellers; and His Letter and Representation to the Agitators of the respective Regiments who have deserted and declared against the Parliament, the Councell of State, and the late proceedings of the High Court of Justice. With the Declaration, Resolution, and Proposals of the said Levellers, presented to the view of the World, intimating the Grounds and Reasons of their Engagement, and to die as one man with their swords in their hands, rather then to be inslaved. Also, Two Fights between the Levellers and the parliamenteers, neer Worcester and Banbury, the particulars thereof, and the number killed; with the Levellers Summons to the City of Coventry. Imprinted at London, for G.H., May 14. 1649.

14. 28 May 1649 - [Humphrey Brooke], The Charity of Church-men: or, A Vindication of Mr William Walwyn Merchant, from the aspersions plentifully cast upon him in a Pamphlet, Intituled, Walwyn’s Wiles. By H.B. Med. a friend to Truth, his Country and Mr Walwyn. London, Printed by H. Hils, and are to be sold by W. Larnar, at the sign of the Blackmore, near Bishops-gate. 1669.

15. 30 May 1649 - William Walwyn, The Fountain of Slaunder Discovered. By William Walwyn, Merchant. With some passages concerning his present Imprisonment in the Tower of London. Published for satisfaction of Friends and Enemies. London, Printed by H. Hils, and are to be sold by W. Larnar, at the sign of the Blackmore, near Bishops-gate. 1649]

16. 8 June 1649 - John Lilburne, The Legall Fundamentall Liberties of the People of England Revived, Asserted, and Vindicated. Or, An Epistle written the eighth day of June 1649, by lieut. Colonel John Lilburn (Arbitrary and Aristocratical prisoner in the Tower of London) to Mr. William Lenthall Speaker to the remainder of those few knights, Citizens, and burgesses that Col. Thomas Pride at his late purge thought convenient to leave sitting at Westminster (as most fit for his and his Masters designes, to serve their ambitious and tyrannical ends, to destroy the good old Laws, Liberties and Customs of England, the badges of our freedom (as the Declaration against the King, of the 17 of March 1648, pag. 23. calls them) and by force of arms to rob the people of their lives, estates and properties, and subject them to perfect vassalage and slavery, as he cleerly evinceth in his present Case etc. they have done) who (and in truth no other-wise) pretendedly stile themselves (the Conservators of the peace of England, or) the Parliament of England, intrusted and authorised by the consent of all the people thereof, whose Representatives by election (in the Declaration last mentioned, pag. 27. they say) they are; although they are never able to produce one bit of a Law, or any piece of a Commission to prove, that all the people of England, or one quarter, tenth, hundred, or thousand part of them authorised Thomas pride, with his Regiment of Souldiers, to chuse them a Parliament, as indeed he hath de facto done by this pretended mock Parliament: And therefore it cannot properly be called the Nations or Peoples Parliament, but Col Pride’s and his associates, whose really it is; who, although they have beheaded the King for a Tyrant, yet walk in his oppressingest steps, if not worse and higher. John 7. 51. Doth our Law judge any man, before it hear him and know what he doth? Acts 24. 23. And he commanded a Centurion to keep Paul and to let him have liberty, and that he should forbid none of his acquaintance to minister, or come unto him, (although in ver. 5. he was accused for a most pestilent fellow, and a mover of sedition throughout all the world.) Acts 25. 27. For it seemeth to me unreasonable (saith the heathen Judge) to send a prisoner, and not withall to signifie the crimes laid against him. Acts 28. 30. And Paul (in his imprisonment at Rome under the heathen persecutors) dwelt two whole years in his own hired house, and received all that came in unto him. London, Printed in the grand yeer of hypocriticall and abominable dissimulation. 1649.

17. 20 June 1649 - Thomas Prince, The Silken Independents Snare Broken. By Thomas Prince, close Prisoner in the Tower. Turning the mischief intended upon him, in Walwyns Wyles, upon the Seven Independent authors thereof, viz. William Kiffin, David Lordell, John Price, Richard Arnald, Edmund Rosier, Henry Foster, Henry Barnet. London, Printed by H.H. for W.L and are to be sold at the sign of the Blackmore near Bishopgate, 1649.

18. June/July 1649 - William Walwyn, Walwyns Just Defence Against the Aspersions cast upon him, in A late un-christian Pamphlet entituled, Walwyns Wiles. By William Walwyn, Merchant. London, Printed by H. Hils, for W. Larnar, and are to be sold at the sign of the Blackmore, near Bishops-gate, 1649.

19. 2 July 1649 - Richard Overton, Overton’s Defyance of the Act of Pardon: Or, The Copy of a Letter to the Citizens usually meeting at the Whale-Bone in Lothbury behinde the Royal Exchange; And others commonly (though unjustly) styled Levellers. Written by Richard Overton Close prisoner in the Tower of London. Imprinted at London 1649. [n.p.].

20. 16 July 1649 - William Prynne, A Legall Vindication Of the Liberties of England, against Illegall Taxes And pretended Acts of Parliament Lately enforced on the People: Or, Reasons assigned by William Prynne of Swainswick in the County of Sommerset, Esquire, why he can neither in Conscience, Law, nor Prudence submit to the New illegall Tax or Contribution of Ninety Thousand pounds the Month; Lately imposed on the Kingdom, by a pretended Act of some Commons in (or rather out of) Parliament. London, Printed for Robert Hodges, and are to be sold by him. 1649.

21. 16 July 1649 - Richard Overton, The Baiting of the Great Bull of Bashan. Unfolded and presented to the Affecters and approvers of the petition of the 11. Sept. 1648. Especially to the Citizens of London usually meeting at the Whale-bone in Lothbury behind the Royal Exchange, Commonly (though unjustly) styled Levellers. By Richard Overton Close-prisoner in the Tower of London. Imprinted at London, 1649.

22. 10 August 1649 - John Lilburne, An Impeachment of High Treason against Oliver Cromwel, and his Son in Law Henry Ireton Esquires, late Members of the late forcibly dissolved House of Commons, presented to publique view; by Lieutenant Colonel Iohn Lilburn close Prisoner in the Tower of London, for his real, true and zealous affections to the Liberties of his native Country. In which following Discourse or Impeachment, he engageth upon his life, either upon the principles of Law (by way of indictment, the only and alone legall way of all tryals in England) or upon the principles of Parliaments ancient proceedings, or upon the principles of reason (by pretence of which alone, they lately took away the Kings life) before a legal Magistracy, when there shal be one again in England (which now is the leasst there is not) to prove the said Oliver Cromwel guilty of the highest Treason that ever was acted in England, and more deserving punishment and death then the 44 Judges hanged for injustice by King Alfred before the Conquest. . . Imprinted at London, Anno Dom. 1649. [n.p.].

23. 20 August 1649 - Six Soldiers (John Wood, Robert Everard, Hugh Hurst, Humphrey Marston, William Hutchinson, James Carpe), The Levellers (falsely so called) Vindicated, or the Case of the twelve Troops (which by Treachery in a Treaty) was lately surprised, and defeated at Burford, truly stated, and offered to the Judgment of all unbyasses, and wel-minded People, especially of the Army, their fellow Souldiers, under the Conduct of the Lord Fairfax. By a faithful remnant, late of Col. Scroops, Commissary General Iretons, and Col. Harrisons Regiments, that hath not yet bowed their knee until Baal, whose names (in behalf of themselves, and by the appointment of the rest of their Friends) are hereunto subscribed. [n.p.].

24. 29 August 1649 - [ Signed by several but attributed to John Lilburne ], An Outcry of the Youngmen and Apprentices of London : or, An inquisition after the lost fundamentall lawes and liberties of England. Directed (August 29. 1649.) in an epistle to the private souldiery of the Army, especially all those that signed the solemne ingagement at Newmarket-Heath, the fifth of June, 1647. But more especially to the private souldiers of the Generalls Regiment of Horse, that helped to plunder and destroy the honest and true-hearted English-men, trayterously defeated at Burford the 15. of May, 1649. Signed by Charles Collins, Anthony Bristlebolt, William Trabret, Stephen Smith, Edward Waldgrave, Thomas Frisby, Edward Stanley, William White, Nicholas Blowd, John Floyd in the name and behalf of themselves, and the young-men and apprentices of the City of London. Who are cordiall approvers of the paper, called, The agreement of the free people, dated May 1. 1649. and the defeated Burford-mens late vindication, dated the 20. of August, 1649. [n.p.].

25. 16 November 1649 - John Lilburne, Truths Victory over Tyrants and Tyranny. Being the Tryall of that Worthy Assertor of his Countreys Freedoms, Lieftenant Colonell John Lilburne, Defender of the Ancient and known Laws of England, against Men and Devills, whether in King, Parliament, Army, or Councell of State. Guild-hall London, Octob. 26. Freed in open Court, from his unjust and Illegall Charge of High-Treason, and cruell Imprisonment in the Tower, by the unbyassed and just Verdict of this Jewry, whose Names are here inserted; Miles Pettit, Holburn-Condu. Stephen Iles, Friday-street. Abraham Smith, Smithfield. John King Smithfield. Nicholas Murrin, Gosling-str. Thomas Daintie, Cheapside. Edmund Keysar, Holb-bridge Edward Perkins Smithfield. Ralph Packman, Smithfield. William Cummins, Cheap. Symon Weeden, Bredstr. Henry Tooley, Bredstreet. All good men and true. Printed in the fall of Tyranny. 1649. [n.p.].

26. 1649 - Gerrard Winstanley et al., The True Levellers Standard Advanced : Or, the State of Community Opened, and Presented to the Sons of Men. by Ferrard Winstanley et al., Beginning to Plant and Manure the Waste land upon George-Hill, in the Parish of Walton, in the County of Surrey, London. Printed in the Yeer, 1649. [n.p.].

27. 1649 - Anon., To the Supream authority of this Nation, the Commons assembled in Parliament: The humble Petition of divers wel-affected Women inhabiting the cities of London, Westminster, the borough of Southwark, Hamblets, and places adjacent; (Affecters and Approvers of the late large Petition) of the Eleventh of September, 1648. In behalf of Lieutenant Col. John Lilburn, Mr. William Walwyn, Mr. Thomas Prince, and Mr. Richard Overton, (now Prisoners in the Tower of London) and Captain William Bray, Close-prisoner in Windsor-Castle; and Mr. William Sawyer, Prisoner at White-Hall, Imprinted at London, 1649. [n.p.].

Tracts on Liberty by the Levellers and their Critics, Volume 7: 1651-1659

1. 2 December 1651 - William Walwyn, Juries Justified : or, A word of Correction to Mr. Henry Robinson; For His seven Objections against the Trial of Causes, by Juries of twelve men. By William Walwin. Published by authority. London, Printed by Robert Wood; and are to be sold at his house, near the Flying-Horse in Grubstreet. 1651.

2. 28 January 1652 - Several Hands, The Onely Right Rule for Regulating the Lawes and Liberties of the People of England. Presented in way of Advise to His Excellency the L. Generall Cromwell, and the rest of the Officers of the Army, January 28. 1652. By divers affectionate persons to Parliament, Army, and Commonwealth, inhabiting the Cities of London, Westminster, borough of Southwark, and places adjacent. Presenters in the behalf of themselves and others, George Baldwin, Simon Turner, Philip Travers, William Tennant, Isaac Gray, Robert Everard. Printed for the subscribers, and are to be sold by William Larnar, at the Black-Moore’s Head neer Fleet-bridge, 1652.

3. March 1652 - John Lilburne, L. Colonel Iohn Lilbvrne His letter to his dearly beloved wife Mrs. Elisabeth Lilbvrne March 1652. Expressing the just reasons and grounds which have inforced him for the preservation of his deare Life more deare reputation to apologize for himselfe unto the Netherlanders by laying open the true fate of his late Fine Banishment Eternal from his native countrie. Printed at Amsterdam: by L. I. Anno Domini 1652.

4. May 1652 - William Walwyn, W Walwyns Conceptions; for a Free Trade. To the Hon. Committee for Forraine Affaires Sitting at Whitehall. [n.p.].

5. May 1652 - John Lilburne, As you were, Or, The Lord General Cromwel and the Grand Officers of the Armie their Remembrancer Wherein as in a glass they may see the faces of their Soules spotted with Apostacy, Ambitious breach of promise, and hocus-pocus-juggleing with the honest Soldiers and the rest of the Free-people of England. to the end that haveing seene their deformed and fearfull visage, they may be returning to doe their first pretended workes, wipe of their spots, mend their deformities regaine their lost Credit: in a word, save themselves and the gaspeing Libertyes of the surprized and enslaved English Nation: least enlargement and deliverance arise to the English from another place, but they and their Fathers house shall be destroyed. Ester 4. and 14. All which is contained in a Letter directed to the Lord Generall Cromwel, to be communicated to the Grandees of his Army, written by L. Colonel John Libvrne May 1652 from his Lodging in the pleasant Citty of Refuge seated upon the bankes of the renowned River Rhine, commonly called by name Vianen. Printed May 1652. [n.p.].

6. 1 August 1653 - John Lilburne, The Upright Mans Vindication : or, An Epistle writ by John Lilburn Gent. Prisoner in Newgate, August 1. 1653. Unto his Friends and late Neighbors, and Acquaintance at Theobalds in Hartford-shire, and thereabouts in the several Towns adjoyning; Occasioned by Major William Packers calumniating, and groundlesly reproaching the said Mr John Lilburn. [n.p.].

7. 23 August 1653 - John Lilburne, The Just Defence of John Lilburn, Against Such as charge him with Turbulency of Spirit. [n.p.]

8. 16 May 1656 - John Lilburne, The Resurrection of John Lilburne, Now a Prisoner in Dover-Castle, Declared And manifested in these following Lines penned by himself, And now at his earnest desire published in print in these words. [n.p.].

9. 3 March 1658 - William Prynne, Demophilos, or, The Assertor of the Peoples Liberty: Plainly demonstrating by the Principles even of Nature itself, and by the Primitive Constitutions of all Governments since the Creation of the World. That the very Essence and the Fundamental of all Governments and Laws, was meerly the safety of the People, and the Advancement of their Rights and Liberries. To which is added the General Consent of all Parliaments in the Nation, and the Concurrence of threescore and two Kings since first this Island was visible in earnest and by Commerce with other Nations hath been refined from Fable and Neglect. By William Prynne Esq; a Bencher of Lincolns-Inne. London, Printed for Francis Coles in the Old-Baily, 1658.

10. 16 February 1659 - Anon., The Leveller: Or The Principles Maxims Concerning Government and Religion, Which are Asserted by those that are commonly called, Levellers. London, Printed, for Thomas Brewster, at the Three Bibles, at the West End of Pauls, 1659.

11. 27 April 1659 - William Allen, A Faithful Memorial of that Remarkable Meeting of Many Officers of the Army in England, at Windsor Castle, in the year 1648. As also, a Discovery of the Great Goodness of God, in his gracious meeting of them, hearing and answering their suit or supplications, while they were yet speaking to him. All Which is humbly presented, as a precious Patern and President unto the Officers and Souldiers of the said Army (or elsewhere) who are or shall be found in the like path, of following the Lord in this evil day; searching and trying their waies, in order to a through Return and Reformation. By William Allen, late Adjutant-General of the Army in Ireland. London, Printed for Livewel Chapman, at the Crown in Popes-head Alley, 1659.

12. 6 June 1659 - Edward Sexby [William Allen, Silius Titus], Killing, No Murder: with some Additions Briefly Discourst in Three Questions, Fit for Publick View; to deter and prevent Single Persons, and Councils from Usurping Supream Power. London, Printed 1659. [n.p.].

TRACTS ON LIBERTY BY THE LEVELLERS AND THEIR CRITICS (1638-1659), 7 VOLUMES (LIBERTY FUND, 2010).

VOLUME 1 (1638-1643).

THE SOVERAIGNE POWER OF PARLIAMENTS AND KINGDOMES OR Second Part of the Treachery and Disloyalty of Papists to their Soveraignes.

Wherein the Parliaments and Kingdomes Right and Interest in, and Power over the Militia, Ports, Forts, Navy, Ammunition of the Realme, to dispose of them unto Confiding Officers hands, in these times of danger. Their Right and Interest to nominate and Elect all needfull Commanders, to exercise the Militia for the Kingdomes safety, and defence: As likewise, to Recommend and make choise of the Lord Chancellor, Keeper, Treasurer, Privy Seale, Privie Counsellors, Judges, and Sheriffes of the Kingdome, When they see just Cause: Together with the Parliaments late Assertion; That the King hath no absolute Negative Voice in passing publicke Bills of Right and Justice, for the safety, peace, and common benefit of his People, when both Houses deeme them necessary and just: are fully vindicated and confirmed, by pregnant Reasons and variety of Authorities, for the satisfaction of all Malignants, Papists, Royalists, who unjustly Censure the Parliament proceedings, Claimes and Declarations, in these Particulars.

[William Prynne, The Soveraigne Power of Parliaments and Kingdomes (15 April 1643).]

Table of Contents

Tracts on Liberty by the Levellers and their Critics (1638-1659), in 7 volumes:

• Volume 1: 1638-1643

• Volume 2: 1644-1645

• Volume 3: 1646

• Volume 4: 1647

• Volume 5: 1648

• Volume 6: 1649

• Volume 7: 1651-1659

Tracts on Liberty by the Levellers and their Critics, Volume 1: 1638-1643

1. 12 March 1638 - John Lilburne, The Christian Mans Triall: or, a True Revelation of the first apprehension and severall examinations of John Lilburne, With his Censure in Star-Chamber, and the manner of his cruell whipping through the Streets: whereunto is annexed his Speech in the Pillory, and their gagging of him: Also the severe Order of the Lords made the same day for fettering his hands and feet in yrons, and for keeping his friends and monies from him, which was accordingly executed upon him for a long time together by the Wardens of the Fleet, with a great deale of barbarous cruelty and inhumanity, etc. The second Edition, with an addition. London: Printed for William Larnar, and are to be sold at his Shop at the Signe of the Golden Anchor, neere Pauls-Chaine, 1641).

2. 1638 - John Lilburne, A Light for the Ignorant or A Treatise shewing, that in the new Testament, is set forth three Kingly States or Governments, that is, the Civill State, the true Ecclesiasticall State, and the false Ecclesiasticall State. Seene and allowed, Printed in the yeare, 1638. [n.p.].

3. 1638 - John Lilburne, A Worke of the Beast, or A Relation of a most unchristian Censure, Executed upon John Lilburne, (Now prisoner in the fleet) the 18 April 1638. With the heavenly speech uttered by him at the time of his suffering. Very usefull for these times both for the encouragement of the Godly to suffer, And for the terrour and shame of the lords Adversaries. (Printed in the yeare the Beast was Wounded 1638). [n.p.].

4. September 1641 - [ William Walwyn ], A New Petition of the Papists. The Humble Petition of the Afflicted Brethren. (Printed in the Yeare 1641). [n.p.].

5. November 1641 - Robert Greville, Lord Brooke, A Discourse opening the nature of that Episcopacie, which is exercised in England. Wherein, With all Humility, are represented some Considerations tending to the much-desired Peace, and long expected Reformation, of This our Mother Church. The Second Edition, Corrected and Enlarged. (London: Printed by R.C. for Samuel Cartwright, and are to be sold at the signe of the Hand and Bible in Ducke-Lane, 1642).

6. 2 July 1642 - Henry Parker, Observations upon some of his Majesties late Answers and Expresses. The second Edition corrected from some grosse errors in the Presse. [n.p.].

7. 12 October, 1642 - John Goodwin, Anti-Cavalierism, or Truth Pleading As well the Necessity, as the Lawfulness of this present War, for the suppressing of that Butcherly brood of Cavaliering Incendiaries, who are now hammering England, to make an Ireland of it: Wherein All the materiall objections against the lawfulness of this undertaking, are fully cleered and answered, And All Men That Either Love God, Themselves, or Good men, exhorted to Contribute all manner of assistance hereunto. (London: Printed by G.B. and R.W. for Henry Overton, At his Shop in Popes-Head-Alley).

8. 10 November 1642 - [William Walwyn], Some Considerations Tending to the Undeceiving those, whose Judgments are Misinformed. [n.p.].

9. 15 April 1643 - William Prynne, The Soveraigne Power of Parliaments and Kingdomes, Or, Second part of the treachery and Disloyalty of Papists to their Soveraignes. Wherein the Parliaments and Kingdomes Right and Interest in, and Power over the Militia, Ports, Forts, Navy, Ammunition of the realme, to dispose of them unto Confiding Officers hands, in these times of danger. Their Right and Interest to nominate and Elect all needfull Commanders, to exercise the Militia for the Kingdomes safety, and defence: As likewise, to Recommend and make choise of the Lord Chancellor, Keeper, Treasurer, Privy Seale, Privie Counsellors, Judges, and Sheriffes of the Kingdome, When they see just Cause: Together with the Parliaments late Assertion; That the King hath no absolute Negative Voice in passing publicke Bills of Right and Justice, for the safety, peace, and common benefit of his People, when both Houses deeme them necessary and just: are fully vindicated and confirmed, by pregnant Reasons and variety of Authorities, for the satisfaction of all Malignants, Papists, Royalists, who unjustly Censure the parliament proceedings, Claimes and Declarations, in these Particulars. It is this 28th. day of March, 1643. ordered by the Committee of the House of Commons in Parliament concerning Printing, that this booke intituled, The Soveraigne Power of Parliaments and Kingdomes, be forthwith Printed by Michael Sparke, Senior. Iohn White. Printed at London: by J.D. for Michael Sparke, Senior. 1643.

10. 19 September 1643 - [William Walwyn], The Power of Love (London: Printed by R.C. for John Sweeting, at the signe of the Angell in Popes-head Alley, 1643).

11. 7 October 1643 - William Prynne, An Humble Remonstrance against The Tax of Ship-money Lately Imposed: Laying open the Illegality, Injustice, Abuses, and Inconveniences thereof. Written by William Prynne, Esqu. An. 1636. during his imprisonment in the Tower of London, to free his Countrey from that heavy Tax; and then communicated to some speciall friends in Writing. Since that printed without his privity, by an imperfect Copy, An. 1641. so full of Non-sence errors, and mistakes almost in every line, as makes it altogether uselesse, yea ridiculous: but now set out by a true Copy, agreeing with the originall; to right the Author, and promote the publique good. Together with some briefe Observations touching the Great Seale of England. Imprimatur Sept. 1. 1643. John White. London, Printed for Michael Sparke senior, at the signe of the Blew Bible in Greene-Arbour., 1643.

1.: John Lilburne, The Christian Mans Triall (12 March, 1638).

THE CHRISTIAN MANS

TRIALL:

OR,

A TRUE REVELATION

of the first apprehension and severall examinations of JOHN LILBURNE,

With his Censure in Star-Chamber, and the manner of his cruell whipping through the Streets: Whereunto is annexed his Speech in the Pillory, and their gagging of him:

Also the severe Order of the Lords made the same day for fettering his hands and feet in yrons, and for keeping his friends and monies from him, which was accordingly executed upon him for a long time together by the Wardens of the Fleet, with a great deale of barbarous cruelty and inhumanity, etc.

Revel. 2. 10. Behold, the Divell shall cast some of you into prison, that you may be tryed, and you shall have tribulation ten dayes; be thou faithfull unto death, and I will give thee a Crowne of life.

Matth. 10. 19. But when they deliver you up, take no thought how, or what you shall speake; for it shall be given you in that houre what you shall say.

The second Edition, with an addition.

LONDON,

Printed for WILLIAM LARNAR, and are to be sold at his Shop at the Signe of the Golden Anchor, neere Pauls-Chaine, 1641.

TO THE READER.

CHristian Reader, here is presented to thy view, a part of these cruell and grievous sufferings imposed upon this Author, by the malignant malice of the Prelacy and that faction, wherein thou mayest likewise see the wonderfull gracious dealings of a good God, carrying this Author through them all, with boldnesse and courage, being not daunted, neither at their frownes nor whippings, nor pilpriesignor closee prisons, no nor yrons; so that we may see the faithfull [[illegible]] of our God before our eyes made good in this young man, who hath promised to be with his people in six troubles, and seven; and to hew himselfe strong in the behalfe of all those whose hearts are perfect before him, that so hee might out of the mouthes of Babes and Sucklings perfect his owne praise, to the astonishment of all those who shall lift up heart or hand against him, or the least of his holy ones; and to the comfort and encouragement of all the Saints, who, from the consideration of the sweet, supporting power of God, appearing to others in their bonds, are the more encouraged publiquely to hold forth their profession of the truths of the Lord Iesus with much more boldnesse and confidence, as knowing that that God which hath appeared to others of the Saints in times of offerings, even before their eyes, will also appeare to them in the like condition; and therefore wee may a little see and take notice of the follyes of wicked mens wisdomes, who thinke by their hellish wits, to raze downe Syon and the truth of God to the ground, and therefore they labour by the imprisonments and tortures of some to dash the rest out of heart, that they should feare to shew any countenance to such a persecuted way, whereas indeed the Saints have by this meanes a fairer object to pitch their faith and confidence upon, namely, the power and wisedome and grace and mercy of their God appearing in a more fuller vision before their eyes; for the afflictions and persecution that are imposed by wicked men upon the Saints, causeth them to see a Spirit of glory resting upon them, even in this condition: here 1 Pet. 4. 13. 14. and a massive weight of glory provided for them hereafter, 1 Cor. 4. 18. So that we may daily see the God of heaven fulfilling of his owne Word, even in this thing, which is that hee will confound the wisedome of the wise, and bring to nought the understanding of the prudent, and catch the wicked in their owne snares, making the rage of man turne to his owne praise his peoples comforts and their ruins, wherefore let the servants of God comfort one another with these words: That we may not feare the feares of men, which, that we may be the more strengthened against them, let us consider the cloud of witnesses which hath gone before in a way of suffering, even in these our times, amongst whom the Author of this booke hath had his share with the deepest of them, and therefore to this end hath he published to the world this Truth, that he might keepe alive to all posterities the goodnesse, and mercy and love of God manifested to him under those cruell barbarous and tyrannical dealings of the prelaticall hierarchie, that so all the Saints of God may hate that wicked calling and power of theirs, and never give [[illegible]] crying to God and men, till it be razed downe to the ground, that so the Lord Iesus may be set up as Lord and King, which ought to be the desire and endeavour of all the chosen ones of God, and is the desire of him who desires the good of the servants of God, in all things, [[illegible]] for Christ.

WILLIAM KIFFEN

This is the first Part.

A CHRISTIAN MANS TRIALL.

VPon Tuesday last the 11 or 12 of December, 1637 I was treacherously and Judally betraied (by one that I supposed to be my friend) into the hands of the Pursevant with foure of his assistants, as I was walking in a narrow lane, called Super-lane, being walking with one Iohn Chilliburne, servant to old Mr. Iohn Wharton, in Bow-lane a Hotpresser. Which Iohn had laid the plot before for my apprehension, as I am able for to prove and make good, that he shall not be able with truth to deny it. And at my taking the Pursevants were very violent [[illegible]] and having by force got me into a shop, they threw me over a Sugar-chest, to take my Sword from me, and cried out for helpe, and said he had taken one of the notoriousest dispersers of scandalous bookes that was in the Kingdome, for (saith he) he hath dispersed them from one end of the Land to the other.

And from thence I was had to the Bole-head Taverne neere to the Dr. Commons, where the Pursevants called freely for wine to make themselves merry, thinking they had got a great prise; Being not long there with my Pursevant Flamsted, who apprehended me, in came Bonntrange, the great Prelates Pursevant, and he looking upon me, said Mr. Lilburne, I am glad with all my heart that wee are met, for you are the man that I have much desired for a long time to see. To which I replied are you so? And for my owne part, I am not much unglad, But you thinke, you have got a great purchase in taking me, but it may be you may be deceived. Come (saith he) give us some wine, and with that he swore an Oath, he would give me a quart of Sacke, for joyfulnesse of our meeting, and so he called for it and dranke to me: And I told him, I would drinke no wine. To which hee replied, and said in these words: Come (said he) be not sad, you are but fallen into the Knaves hands. To which I said, I am not sad in the least, and for my falling into Knaves hands, I verily beleeve without any questioning, that which you have said. And then he swore another Oath, and said, it was true enough.

(So good Christian Reader, take notice of thus much by the way, that the Prelates and their Creatures are a company of Knaves by Beniragge his own Confession.)

That night I was kept at Hamstedds house where I blesse God, I was merry and cherefull, and nothing at all danted at that which had befalne me. And about twelve of the clocke the next day, I was committed to the Gatehouse, by Sir John the Prelate of Canterburies Chancellour with others without any examination at all, for sending of factious and scandalous Bookes out of Holland into England. And having not beene at the foresaid prison above three dayes, I was removed, by a Warrant from the Lords of the Counsell to the Fleet, where I now remaine. And after my being there some time, I drew a Petition to the Lords of the Counsell for my liberty: and their answer to it was, that I should be examined before Sir John Bankes, the Kings Atturney: The Coppy of which examination thus followes.

Upon Tuesday, the 14 of Ianuary, 1637 I was had to Sir John Bankes the Attorney General’s Chamber (now Lord chiefe Justice of the Court of Pleas ) and was referred to be examined by Mr. Coilibey his chief Clerke; And at our first comming together, he did kindly intreat me; and made me sit downe by him, and put on my hat, and began with me after this manner: Mr. Lilburne, what is your Christian name? I said, Iohn, Did you live in London before you went into Holland ? Yes, that I did. Where? Neare Londonstone. With whom there? With Mr. Thomas Hewson. What Trade is he? A dealer in Cloath, I told him. How long did you serve him? About five yeares. How come you to part? After this manner: I perceiving my Master had an intention to desist his Trade, I often moved him that I might have my liberty, to provide for my selfe, and as the last hee condescended unto it; and so I went into the Country, to have the consent of my friends; and after that departed into Holland. Where were you there? At Rotterdam. And from thence you went to Amsterdam ? Yes, I was at Amsterdam. What Bookes did you see in Holland ? Great store of Bookes, for in every Bookesellers shop as I came in, there were greate store of Bookes. I know that, but I aske you, if you did see Dr. Bastwicks Answer to my Masters Information and a Book called his Letany ? yes, I saw them there, and if you please to goe thither. you may buy an hundred of them at the Bookesellers, if you have a minde to them Have you seene the Unbishopping of Timothy and Titus, the Looking glasse, and a Breviate of the Bishops late proceedings. Yes, I have, and those also you may have there, if you please to send for them. Who Printed all those Bookes ? I doe not know. Who was at the charges of Printing of them? Of that I am ignorant. But did you not send over some of these Books ? I sent not any of them over. Doe you know one Hargust there? Yes, I did see such a man. Where did you see him? I met with him one day accidentally at Amsterdam. How oft did you see him there? Twise upon one day. But did not he send over Bookes ? If he did, it is nothing to me, for his doings is unknowne to me. But he wrote a Letter over by your directions, did he not? What he writ, I know no more than you. But did you see him nowhere else there? Yes, I saw him at Rotterdam. What conference had you with him? Very little; But why doe you aske me all these questions; These are besides the matter of my imprisonment, I pray come to the thing for which I am accused, and imprisoned. No, these are not besides the businesse, but doe belong to the thing for which you are imprisoned. But doe you know of any that sent over any Bookes ? What other men did, doth not belong to me to know or search into, sufficient it is for me to looke well to my owne occasions. Well, here is the examination of one Edmond Chilington, doe you know such a one? Yes. How long have you beene acquainted with him? A little before I went away, but how long I doe not certainely know: Doe you know one Iohn Wharton ? No. Doe you not, he is a Hot-presser: I know him, but I doe not well remember his other name: How long have you beene acquainted with him: And how came you acquainted? I cannot well tell you: How long doe you thinke? I doe not know: What speeches had you with Chillington since you came to Towne? I am not bound to tell you: But Sir (as I said before) why doe you aske me all these questions, these are nothing pertinent to my imprisonment for I am not imprisoned for knowing and talking with such and such men: But for sending over Bookes : And therefore I am not willing to answer you to any more of these questions because I see you goe about by this examination to insnare mee, for seeing the things for which I am imprisoned cannot be proved against me, you would get other matter out of my examination, and therefore if you will not aske me about the thing laid to my charge, I shall answer no more: but if you will aske me of that I shall then answer you, and doe answer, that for the thing for which I am imprisoned, which is for sending over Bookes, I am cleare for I sent none. And of any other matter that you have to accuse me of, I know it is warrantable, by the Law of God, and I thinke by the Law of the Land, that I may stand upon my just defence, and not answer to your intergatorie; and that my accusers ought to be brought face to face to justifie what they accuse me of; And this is all the answer that for the present I am willing to make: And if you aske me of any more things I shall answer you with silence. At this he was exceeding angry, and said: There would be course taken with me to make me answer. I told him, I did not way what course they would take with me; onely this I desire you to take notice of: that I doe not refuse to answer out of any contempt but onely because I am ignorant what belongs to an examination, (for this is the first time that ever I was examined) and therefore I am unwilling to answer to any impertinent questions for feare that with my answer I may doe my selfe hurt. This is not the way to get liberty. I had thought you would have answered punctually that so you might have beene dispatched as shortly as might be. So I have answered punctually to the thing for which I am imprisoned and more I am not bound to answer, and for my liberty I must waite Gods time. You had better answer, for I have two examinations wherein you are accused. Of what am I accused? Chillington hath accused you for printing ten or twelve thousands of Books in Holland, and that they stand you in about eighty pound, and that you had a Chamber at Mr. Iohnfoots at Delft, where he thinks the Bookes were kept, and that you would have printed the Vnmasking of the Mystery of Iniquity, if you could have got a true Copy of it. I doe not beleeve that Chillington said any such things and if he did, I know, and am sure, that they are all of them lies. You received money of Mr. Wharton since you came to Towne, did you not? What if I did? It was for Bookes ? I doe not say so. For what sorts of bookes was it? I doe not say it was for any, and I have already answered you all, that for the present I have to answer and if that will give you content, well and good, if not, doe what you please. If you will not answer no more (here I told him if I had thought you would have insisted upon such impertinent questions, I would not have given him so many answers) wee have power to send you to the place from whence you came. You may doe your pleasure, said I. So hee called in anger for my Keeper, and gave him district charge to looke well to me. I said they should not feare my running away. And so I was sent down to Sir Iohn Bankes himself. And after that he had read over what his man had writ he called me in, and said, I conceive you are unwilling to confesse the Truth. No Sir, I have spoken the Truth. This is your Examination, is it not? What your man hath writ I doe not know. Come neare and see that I read it right. Sir, I doe not owne it for my Examination for your man hath writ what it pleased him, and hath got writ my answer, for my answer was to him, and so is to you, that for the thing for which I am imprisoned (which is for sending over bookes ) I am cleare, for I did not send any, and for any other matter that is laid to my charge, I know it is warrantable by the Law of God, and I thinke by the Law of the Land, for me to stand upon my just defence, and that my accusers ought to be brought face to face, to justifie what they accuse me of. And this is all that I have to say for the present. You must set your hand to this your Examination. I beseech you Sir pardon me, I will set my hand to nothing but what I have now said. So he tooke the Pen and writ, the examined is unwilling to answer to any thing but that for which hee is imprisoned. Now you will set your hand to it? I am not willing in regard I doe not owne that which your man hath writ, but if it please you to lend me the Pen, I will write my Answer, and set my hand to it. So he gave mee the Pen, and I begun to write thus: The Answer of me Iohn Lilburne is, And here hee tooke the Pen from me, and said he could not stay, that was sufficient. Then one of my Keepers asked him if they might have me backe againe? And he said yea: for he had no Order for my inlargement, and so I tooke my leave of him, and desired the Lord to blesse and keepe him, and came away.

And then about ten or twelve dayes after, I was had forth to Grayes Inne againe, but when I went, I did not know what they would doe with me there: And when I came there, I was had to the Starre-Chamber Office; and being there, as the Order is, I must enter my appearance, they told me, I said, to what, for I was never served with any Subpoena; neither was there any Bill preferred against me 4 that I did heare of. One of the Clarkes told me, I must first be examined, and then Sir Iohn would make the Bill: it seemes they had no grounded matter against me for to write a Bill, and therefore they went about to make me betray my owne innocency, that so they might ground the Bill upon my owne words: but my God shewed his goodnesse to me, in keeping me, (a poore weake worme) that they could not in the least intangle mee, though I was altogether ignorant of the manner of their proceedings: And at the entrance of my appearance, the Clarke and I had a deale of pritty discourse; the particulars whereof for brevity sake I now pretermit but in the conclusion he demanded mony of me for entring of my appearance: and I told him I was but a young man, and a prisoner, and money was not very plentifull with me and therefore I would not part with any money upon such termes. At which answer the man began to winder that I should speake so to him and with that the whole company of the Clarkes in the Office began to looke and gaze at me. Well (said he) if you will not pay your fee I will dash out your name againe. Doe what you please (said I) I care not if you doe. She he made a complaint to Mr. Goad, the Master of the Office, that I refused to enter my appearance. And then I was brought before him, and he demanded of me what my businesse was? I told him, I had no businesse with him, but I was a prisoner in the Fleete, and was sent for but to whom and to what end I doe not know, and therefore if he had nothing to say to me, I had no businesse with him. And then one of the Clarks said, I was to be examined. Then Mr. Goad said, tender him the booke. So I looked another way, as though I did not give eare to what he said; and then he bid me pull off my glove, and lay my hand upon the booke, What do doe Sir? said I. You must sweare said he. To what? That you shall make true answer to all things that is asked you. Must I so Sir? But before I sweare, I will know to what I must sweare. As soon as you have sworne, you shall, but not before: To that I answered. Sir, I am but a young man, and doe not well know what belongs to the nature of an Oath, and therefore before I sweare, I will be better advised. Saith he, how old are you? About twenty yeares old, I told him. You have received the Sacrament, have you not? Yes that I have. And you have heard the Ministers deliver Gods Word, have you not? Yes, I have heard Sermons. Well then, you know the holy Evangelist? Yes that I doe. But Sir, though I have received the Sacrament, and have heard Sermons, yet it doth not therefore follow that I am bound to take an Oath, which I doubt of the lawfulnesse of. Looke you here, said he; and with that he opened the booke, we desire you to sweare by no forraigne thing, but to sweare by the holy Evangelist. Sir, I doe not doubt or question that onely I question how lawfull it is for me to sweare to I do not know what. So some of the Clarks began to reason with me, and told me everyone tooke that Oath; and would I be wiser than all other men? I told them, it made no matter to me what other men doe; but before I sweare, I will know better grounds and reasons than other mens practises to convince mee of the lawfulnesse of such an Oath, to sweare I doe not know to what. So Mr. Goad bid them hold their peace, he was not to convince any mans conscience of the lawfulnesse of it, but onely to offer and tender it; Will you take it or no, saith he? Sir, I will be better advised first; with this there was such looking upon mee, and censuring me for a singular man, for the refusing of that which was never refused before: whereupon there was a Messenger sent to Sir Iohn Bankes, to certifie him, that I would not take the Star-Chamber Oath. And also to know of him what should be done with me. So I looked I should be committed close prisoner or worse. And about an houre after came Mr. Cockshey, Sir Iohns chiefe Clarke, what (said he) Mr. Lilburne, it seems you will not take your Oath, to make true answer? I told him, I would be better advised before I took such an Oath, Well then (saith he) you must goe from whence you came and then I spoke merrily to my Keepers, and bid them, let us be gone, we have beene long enough here. Thus have I made a true Relation of that dayes worke.

But before I proceede, I desire to declare unto you, the Lords goodnesse manifested unto me in being my counsellour and director in my great straights. The Prelates intendment towards me was carried so close that I could not learne what they would doe with me, onely I supposed they would have mee into the Star-chamber, in regard I was removed by the Lords of the Counsell; and also tidings was brought unto me by some friends, what cruelty their Creatures did breath out against me, but I incouraged my selfe in my God, and did not feare what man could doe unto me, Esay 51, 12, 13, for I had the peace of a good conscience within me, and the assurance of Gods love reconciled unto me in the precious blood of his Sonne JESVS CHRIST: which was as good as Shield and Buckler unto me, to keepe off all the assaults of my enemies, and I was, as it were, in a strong walled Towne, nothing dreading but lightly esteeming the cruelty of my Adversaries, for I knew God was my God, and would be with me, and inable me to undergoe whatsoever, by his permission they could inflict upon me, and to his praise I desire to speak it: I found his gracious goodnesse and loving kindnes so exceedingly made known unto me, that he enabled me to undergoe my captivity with contentednesse, joyfulnesse, and cherefulnesse: And also was pleased, according to his promise, to be a mouth unto me, whensoever I was brought before them, and gave me courage and boldnesse to speake unto them, his holy and blessed name be praised and magnified for it.

Vpon the Fryday next, after this, in the morning, one of the Officers of the Fleete came to my Chamber, and bid mee get up and make mee ready to goe to the Star-Chamber barre forthwith, I having no time to fit my selfe, made me ready in all haste to goe; (yet when I came there, the Lord according to his promise was pleased to be present with me by his speciall assistance, that I was inabled without any dantednesse of spirit, to speake unto that great and noble Assembly, as though they had beene but my equalls;) And being at the barre, Sir Iohn Bankes laid a verball accusation against me, which was, that I refused to answer, and also to enter my appearance, and that I refused to take the Star-Chamber Oath: and then was read the Affidavit of one Edmond Chillington, Buttonseller, made against Mr. Iohn Warton and my selfe; The summe of which was, that he and I had Printed at Rotterdam in Holland Dr. Bastwickes answer, and his Letany, and divers other scandalous Bookes. And then after I had obtained leave to speake, I said: My noble Lords, as for that Affidavit, it is a most false lie, and untruth. Well, said the Lord-keeper, why will you not answer? My Honorable Lord (said I) I have answered fully, before Sir Iohn Bankes to all things that belongs to me to answer unto, and for other things, which concerne other men, I have nothing to doe with them. But why doe you refuse to take the Star-Chamber Oath ? Most Noble Lord, I refused upon this ground, because that when I was examined, though I had fully answered all things that belonged to me to answer unto, and had cleared my selfe of the thing for which I am imprisoned, which was for sending bookes out of Holland, yet that would not satisfie and give content, but other things was put unto me, concerning other men, to insnare me, and get further matter against me, which I perceiving refused, being not bound to answer to such things as doe not belong unto me; and withall I perceived the Oath to be an Oath of inquiry; and for the lawfulnesse of which Oath I have no warrant, and upon these grounds I did, and doe still refuse the Oath: with this some of the Kings Counsell, and some of the Lords spoke, would I condemne and contradict the Lawes of the Lands and be wiser than all other men to refuse that, which is the Oath of the Court, administred unto all that come there? Well, said my Lord-Keeper, render him the booke. I standing against the Prelate of Canterburies backe, he looked over his shoulder at me bid me pull off my glove, and lay my hand upon the book. Unto whom I replied, Sir, I will not sweare; and then directing my speech unto the Lords, I said: Most Honorable and Noble Lords, with all reverence and submission unto your Honours, submitting my body unto your Lordships pleasure, and whatsoever you please to inflict upon it yet must I refuse the Oath. My Lords, said the Arch Prelate (in a deriding manner) doe you heare him, hee saith, with all reverence and submission he refuseth the Oath. Well, come come (said my Lord Keeper ) submit your selfe unto the Court. Most Noble Lords, with all willingnesse I submit my body unto your Honours pleasure, but for any other submission, most Honourable Lords, I am conscious unto my selfe, that I have done nothing, that doth deserve a convention before this illustrious Assembly and therefore for me to submit is to submit I doe not know wherefore. With that up stood the Earle of Dorset, and said: My Lords, this is one of their private spirits; Doe you heare him, how he stands in his owne justification? Well my Lords, said the great Prelate; this fellow (meaning me) hath been one of the notoriousest disperser of Libellous bookes that is in the Kingdome, and that is the Father of them all (pointing to old Mr. Wharton. ) Then I replied, and said, Sir, I know you are not able to prove and to make that good which you have said. I have testimony of it, said he. Then said I produce them in the face of the open Court, that wee may see what they have to accuse me of; And I am ready here to answer for my selfe, and to make my just defence. With this he was silent and said not one word more to me: and then they asked my fellow Souldiour old Mr. Wharton, whether he would take the Oath, which hee refused, and began to tell them of the Bishops cruelty towards him, and that they had had him in five severall prisons within this two yeares, for refusing the Oath. And then there was silence, after which was read a long peece of businesse how the Court had proceeded against some that had harboured Jesuits and Seminary Priests (those Traitors) who refused to be examined upon Oath, and in regard that we refused likewise to be examined upon Oath, it was fit they said, that we should be proceeded against, as they were, so they were the president by which we were censured, though their cause and ours be much unlike, in regard theirs were little better than Treason; but our crime was so farre from Treason, that it was neither against the glory of God, the honour of the King, the Lawes of the Land, nor the good of the Commonwealth: but rather for the maintaining of the honour of them all, as all those that read the bookes without partiall affections, and prejudicate hearts, can witnesse and declare, and if the bookes had had any Treason, or any thing against the Law of the Land in them, yet we were but subposedly guilty, for the things were never fully proved against us; indeed there was two Oathes read in court, which they said was sworne against us by one man but he was never brought face to face, and in both his Oathes he hath forsworne himselfe, as in many particulars thereof wee both are able to make good. In the conclusion, my Lord Keeper stood up and said, My Lords, I hold it fit, that they should be both for their contempt committed close prisoners till Tuesday next; and if they doe not conforme themselves betwixt this and then to take the Oath, and yeeld to be examined by Mr. Goad, then that they shall be brought hither againe, and censured, and made an Example; Unto which they all agreed; and so we were committed close prisoners, and no friends admitted to come unto us.

And upon Munday after we were had to Grayes Inne, and I being the first there, Mr. Goad said to me, according to the Lords Order upon Friday last, I have sent for you to tender the Oath unto you. Sir, I beseech you, let me heare the Lords Order. So he caused it to be read unto mee, and then tendered mee the Booke. Well Sir, said I, I am of the same minde I was, and withall I understand, that this Oath is one and the same with the High Commission Oath, which Oath I know to be both against the Law of God, and the Law of the Land; and therefore in briefe I dare not take the Oath, though I suffer death for the refusall of it. Well, said he, I did not send for you to dispute with you about the lawfulnesse of it, but onely according to my place to tender it unto you. Sir, I dare not take it, though I loose my life for the refusall of it. So he said, he had no more to say to me; and I tooke my leave of him and came away. And after that came the old Man, and it was tendered unto him, which he refused to take: (and as he hath told me) he declared unto him how the Bishops had him eight times in prison for the refusall of it, and he had suffered the Bishops mercilesse cruelty for many yeares together, and he would now never take it as long as he lived; and withall told him, that if there were a Cart ready at the doore to carry him to Tiburne, he would be hanged, before ever hee would take it. And this was that dayes businesse.

Upon the next morning about seven a clocke, we were had to the Star-Chamber-bar againe to receive our Censure; and stood at the Bar about two houres before Sir Iohn Bancks came; but at the last hee began his accusation against us, that we did still continue in our former stubbornenesse: and also there was another Affidavit of the foresaid Edmond Chillingtons read against us, the summe of which was that I had confessed to him that I had printed Dr. Bastwickes Answer to Sir Iohn Bancks his Information, and his Letany; and an other booke, called, An Answer unto certaine Objections; and another booke of his, called the Vanitie and Impiety of the old Letany; and that I had divers other bookes of Dr. Bastwickes a Printing; and that Mr. Iohn Wharton had beene at the charges of Printing a booke called A breviate of the Bishops late proceedings; and an other booke, called Sixteene new Queries, and divers other factious bookes; and that one James Ouldam, a Turner in Westminster-Hall, had dispersed divers of these bookes. So it came to me to speake; and I said after this manner: Most Noble Lords, I beseech your Honours, that you would be pleased to give me leave to speake for my selfe, and to make my just defence; and I shall labour so to Order my speeches, as that I shall not give your Honours any just distaste; and withall shall doe it with as much brevitie as I can. So having obtained my desire, I began, and said, My Lords, it seemes there was divers bookes sent out of Holland, which came to the hands of one Edmond Chillinton, which made this affidavit against us: and as I understand, he delivered divers of these bookes unto one Iohn Chilliburne, servant to this old Man Mr. Wharton (I, said he, my Lords, and I had given him a strict charge, that he should not meddle with any,) and his Master being in Prison, he dispersed divers of them for the foresaid Chillingtons use, whereupon the bookes were taken in his Custody, and he being found dispersing of them, gos to one Smith, a Taylor in Bridewell (as I am informed) desires him to get his peace made with the Bishops, whereupon he covenants with some of the Bishops Creatures, to betray me into their hands, being newly come out of Holland, which (as he said) did send over these bookes. So my Lords, he having purchased his owne libertie, layes the plot for betraying me, and I was taken by a Pursevant and foure others of his assistance, walking in the streets with the foresaid Iohn Chilliburne, who had laid and contrived the plot before (as I am able to make good) and the next morning I was committed by Sir Iohn Lamb to the Gate-house, (now my Lords, I doe protest before your Honours in the word of a Christian, that I did not send over these bookes, neither did J know the Ship that brought them, nor any that belongs to the ship, nor to my knowledge did never see with my eyes, either the ship or any that belongs unto it.

(But before I proceede with my Speech, I desire to digresse a little, in regard that Iohn Chilliburne doth yet stifly maintaine, that he did not betray me, nor laid the plot, and therefore I doe him wrong for accusing him, he saith. To which I answer, and say, in this, he is worse than Iudas himselfe; for after he had betrayed Christ, he came and confessed his sinne, and said, I have sinned in betraying the innocent blood; and this man hath betraied Christ in betraying me his member, for what is done to his servant he takes it as done to himselfe: but he is not so good as Iudas, who confessed his fault, but he hides and justifies his sinne, and therefore I will declare my Grounds and Demonstrations, whereupon I am sure he was the Judas: The first is thus, He and I appointed to meete one day upon the Exchange at two a clocke, unto which place I came, and staid long for his comming, but hee came not: and I verily thinke, he sent two or three in his place, two of them being Arminians, living in Cornehill, which J my selfe knew, who passed againe and again by me, vewing very narrowly my apparell, visage and countenance, as J thinke for that end that they might know mee againe: and when J sat downe, they would passe by, and goe a little from me and sit downe and fix their eyes upon me, insomuch that J was afraid that J should there have been taken, which forced me to depart. And at our next meeting J told him of it, and how that (unlesse J had knowne him well) J should have beleeved he had betrayed me. Unto which hee gave me no satisfactory answer, but put it off, and said his libertie was as precious as mine; and if he should betray me, he must betray himselfe, and therefore J needed not to doubt any such thing: the Lord having blinded my eyes. J could not see into his treacherous heart, but tooke this for a currant answer, J knowing that he had had a deepe hand in the dispersing of bookes, and therefore J gave credite to that which he had said, as being a reall Truth, the Lord having a secret hand of providence in it. (J hope at the last for his glorie and my good) did so Order it, that I should not take notice, or perceive his perfidiousnesse, though I had an incling given me of it before by some friends, yet J could not beleeve it till the event manifested it, for that day J was taken, he hearing (by what meanes I doe not know) that I was to meete one at the Temple, and understanding that I had a desire to see his Master at his owne houre (being newly let out of prison) we came towards the Temple, and had some discourse there, in which he put me forward to goe see and speake with his Master, unto whom I declared, how fearefull I was to goe thither (in regard I heard they laid waite for me) least I should be taken; but he made all things cleare, and contrived a way, by meanes of which he said, I might without any feare goe speake with him. So we parted, and appointed to meete at the staires that goes from Bridewell to Black-Fryers. I came to the Staires, and stood a great while, but he came not, till I was a comming away; and I expecting him to come out of Bridewell, I having sent him in thither, to speake with one, unto whom I thinke he did not goe, but yet he told me, he was with him; but rather he went to Flamsted the Pursevant to get him in a readinesse, for he came to me from Flamsteds-houseward, downe from Black-Fryers, being a cleane contrary way to that I sent him. So we went towards his Masters house, and parted againe, and appointed to meet at Tantlins-Church; and when I came there, I saw one walking with him, which I verily beleeve was one of the five that tooke me; and when I came to him, I declared unto him that comming downe Soper-lane, I saw a fellow stand in a corner, very suspiciously, who looked very wishfully at me, and I at him; and therefore I desired him to goe, and see who it was, and whether I might goe safely to his Masters or no. So he went, and came backe, and told me his Master was come to the doore, and I might goe without any danger, and as we went, I declared unto him my fearefulnesse, to goe to his Masters; and I told him, I would halfe draw my sword, that I might be in a readinesse; and he went before towards his Masters; and I doe verily thinke acquainted them how it was with me; and I going after him in the narrow Lane, I passed by two great fellowes suspecting nothing; and by and by they seazed upon my backe and shoulders, and cried out in the Kings Name for helpe, they had taken the Rogues Whartons men, and Iohn was the third man that seized upon me, laying fast hold of my left shoulder, and they three pulled my cloake crosse over my armes, that so, though I had my sword halfe drawne, yet by no meanes could I get it out; which if I had, and got my backe against the wall, I doe not doubt but I should have made them be willing to let me alone; for though they had fast hold of me, they quaked and trembled for feare, and though they were five or sixe, yet they cryed out for more helpe to assist them, I being but one, and when they all seased on me, then they called me by my name, and though we were in the darke, yet they knew my habit, that I was in as well as my selfe, and shewed me their warrant with my name in it I have beene forced of necessity to recite these things in regard of his dayly speeches against me, and his writing to me in justification of his innocency, though as you for all I have sent for him, hee would never come face to face: Tart Letters likewise I have received from Smith and Chillington, for speaking that which I have said in publique of them: and as for Smith, take notice what I said of him, and I here give my reasons for that I said, it is knowne that at the last time the bookes were taken at Mr. Whartons, part of them was not taken; which Iohn can not deny, but he carried them unto Smith, and what passed betwixt them, they themselves best knows but this is sure, Iohn was never troubled for the bookes, though hee was taken dispersing of them; and I am sure, his libertie was obtained by Smiths and Sam. Bakers the Prelate of Londons Chaplaines meanes. Also Smith is not ignorant, but doth very well know that promise that Iohn made to Mr. Baker about twelve moneths agoe, to doe him speciall service about such things, which promise I doe verily beleeve he hath faithfully kept; for he hath confessed to his Master since the beginning of my trouble, that he hath used to carry to Baker all new bookes he could get, as soone as they came out, and how for the which he gave him money, but how much he best knowes.

Also, what free and familiar accesse Iohn hath had to him, and he and Iohn to Baker, and for those secrets which Iohn from time to time hath revealed to him and Baker, what they are I name not, but appeale to their owne consciences: for it is too manifest that hee is a darling both to Smith and Baker, in regard they stand so stoutly for him as they doe; for Mr. Wharton, being not long since with Baker, he told him hee heard he was about to put away his Man Iohn, Yea (said he) what should I do with him else? Well (said he) if you doe it, and put him away, the Chamberlaine will make you take him againe. Will he so (said he) he can not doe it, for he is a Iudas, and a Theefe, for he hath stolne money from me, and I can prove it said the Old Man; and therefore he can not make me take him againe. Baker could not well tell what to say to it; but yet did perswade him to keepe him.

This the Old man told me himselfe, it seemes they have kept him at his Masters, as a private and secret servant for their owne turnes above this fourteene Moneths, and they would still, if they could keepe him there. But what secret mischiefe hee hath done by his so frequent resorting to Baker and Smith, is not yet fully knowne, but I hope it will come out by degrees: Therefore, let all that heares of it take notice of it, and let some of those that were in the information with the three Worthies, cast back their eyes and see if they can finde and spie out who was their Originall Accuser and Betrayer. These things may be worth the making knowne, though I may incurre hatred and spite from them for it, yet I weigh not that, for I have not declared these things out of any revenge, for I commit that unto God.

And for that wrong they have done unto mee, I freely forgive them; and if any of them belong to God, I pray him to call them home unto him. But these things I have set downe, being forced thereunto for vindicating my good name from their bitter reproaches and calumniations, and all you that read this, judge and censure what I have said. But now after my Digression I will returne againe to our former matter.

And being at the Gatehouse I was removed by (sixe of your Honours ) to the Fleete, at which time the said Chillington was removed from Bridewell to Newgate, and being kept close there: then he by their threats and perswasions and the procuring of his owne liberty, goes and accuses me for printing ten or twelve thousand Bookes in Holland. And at my Examination before Sir Iohn Bankes I cleared my selfe of that, and upon Fryday last he made an Affidavit against me, in which hee hath most falsly forsworne himselfe, and today he hath made another, which is also a most false untruth: And withall my Lords, he is knowne to be a notorious lying fellow, and hath accused mee for the purchasing of his owne liberty, which he hath got. And therefore, I beseech your Honours, to take into your serious consideration, and see whether I am to be censured upon such a fellowes Affidavits or no. Then said the Lord Keeper, thou art a mad fellow, seeing things are thus, that thou wilt not take thine Oath, and answer truely. My Honourable Lord, I have declared unto you the reall Truth, but for the Oath, it is an Oath of Inquiry, and of the same nature of the High-Commission-Oath; Which Oath I know to be unlawfull; and withall, I finde no warrant in the Word of God, for an Oath of Inquiry, and it ought to be the director of mee in all things that I doe, and therefore my Lords at no hand, I dare not take the Oath (when I named the Word of God, the Court began to laugh, as though they had had nothing to doe with it) my Lords (said Mr. Goad ) he told me yesterday, he durst not take the Oath, though he suffered death for the refusall of it. And with that my Lord Privy Seal spoke: Will you (said he) take your Oath, that that which you have said is true? My Lord (said I) I am but a young Man, and doe not well know what belongs to the nature of an Oath (but that which I have said is a reall truth) but thus much by Gods appointment, I know an Oath ought to be the end of all controversie and strife, Heb. 6. 16. And if it might be so in this my present cause, I would safely take my Oath, that what I have said is true. So, they spoke to the Old man my fellow partner, and asked him whether he would take the Oath. So he desired them to give him leave to speake; and he begun to thunder it out against the Bishops, and told them they required three Oathes of the Kings Subjects; namely, the Oath of Churchwardenship, and the Oath of Canonicall Obedience, and the Oath Ex Officio; Which (said he) are all against the Law of the Land, and by which they deceive and perjure thousands of the Kings Subjects in a yeare, And withall, my Lords, (said he) there is a Maxime in Divinity, that we should prefer the glory of God, the good of our King and Country, before our owne lives: but the Lords wondering to heare the Old Man begin to talke after this manner, commanded him to hold his peace, and to answer them, whether he would take the Oath or no? To which he replied, and desired them to let him talke a little, and he would tell them by and by. At which all the Court burst out of a laughing; but they would not let him goe on, but commanded silence, which if they would have let him proceed, he would so have peppered the Bishops, as they were never in their lives in an open Court of Indicature. So they asked us againe, whether we would take the Oath? which we both againe refused; and withall I told them, that for the reasons before I durst not take it. Then they said, they would proceed to Censure. I bid them doe as they pleased, for I knew my selfe innocent of the thing for which I was imprisoned and accused; but yet notwithstanding did submit my body to their Honours pleasure. So they censured us 500 pound a peece; and then stood up Judge Toans, and said: It was fit that I being a young man for example sake, should have some corporall punishment inflicted upon me. So my Censure was to be whipt, but neither time nor place allotted. And for the Old Man, in regard of his age, being 85. yeares old, they would spare his corporall punishment, though (said they) hee deserves it as well as the other (meaning me) yet he should stand upon the Pillory; but I could not understand or perceive by Censure, that I was to stand upon the Pillory. So we tooke our leaves of them. And when I came from the Bar, I spoke in an audible voice, and said: My Lords, I beseech God to blesse your Honours, and to discover and make knowne unto you the wickednesse and cruelty of the Prelates.

So here is an end of my publike proceedings, as yet, which I have had since I came into my troubles, the Lord sanctifie them unto me, and make me the better by them, and put an end to them in his due time, and make way for my deliverance, as I hope he will.

After our Censure we had the libertie of the prison for a few dayes; but the Old Man, my fellow partner, went to the Warden of the Fleete; and told him the summe of that which he intended in the Star-Chamber, to have spoken against the Bishops, if the Lords would have let him; So he told the Warden, how the Bishops were the greatest Tyrants that ever were since Adams Creation; and that they were more crueller than the Cannibals, those Men-eaters, for (said he) they presently devoured men, and put an end to their paine, but the Bishops doe it by degrees, and are many yeares in exercising their cruelty and tyranny upon those that stand out against them; and therefore are worse than the very Canibals; (and in this he saith very true) for the Holy Ghost saith: They that be slaine with the Sword, are better than they that be slaine with Hunger; and he gives the reason of it: For those pine away, striken through, for want of the fruit of the field, Lamen 4. 9. Whereas those that are slaine out-right, are soone out of their paine.) and said he, they have persecuted mee about forty yeares, and cast mee into eight severall Prisons, and all to undoe me, and waste my estate, that so I might not be worth a penny to buy me meate, but starve in prison, for want of food, and yet were never able to lay any thing to my charge, that I had done either against Gods Law, or the Law of the land, and (said he) they are the wickedest men that are in the Kingdome; and I can prove them (saith he) to be enemies of God, and of the Lord Iesus Christ, and of the King and Common-wealth; Or else I will be willing to loose my life; and also told him that they did thrust the Lord Jesus Christ out of his Priestly, Propheticall and Kingly Offices, and hath set up a willworship of their own invention, contrary to the Holy Scriptures; and that they led by their wicked practises the greater halfe of the Kingdome to Hell with them; and that they rob the King of a million of money in a yeare, and the subjects of as much by their powling, sinfull wicked Courts; and that their living by which they lived was got by lying and cozning of poore ignorant Children; for (said he) the Pope and the Priest did promise the Children of deceased Parents, if they would give so much to the Church, they would pray their Parents out of Purgatory, and so cozened them of their estates; (said he) by such dissemblings and cozening wayes and meanes as this, were their livings at the first raised. Yea, but Sir, (saith the Warden ) what is that to them, that was in time of Popery? Yea, but Sir, (said he) their livings hath continued ever since, and they live still to this day upon the sweetnesse and fatnesse of them.

This and much more he then told the Warden, as Mr. Wharton himselfe since then hath told me. And there being a Papist with foure or five more in the roome, the Warden said; Papist come hither, and heare what the Old Man saith. So it came to the Lords of the Counsels eares, whereupon we were the next Munday after brought both together and locked upclose prisoners in one Chamber, without any Order or Warrant at all, but only Warden INGRAMS bare Command and Pleasure; But the Old Man, about three weekes after, made a Petition to the Lords of the Counsell, that he might have some liberty, and being very weake, more likely to dye than to live, hee had his libertie granted till the Tearme; but I doe still remain close Prisoner; but for my own part, I am as cheerefull and merry, and as well contented with my present condition (in regard I see the over-ruling hand of my good God in it) as ever I was with any condition in my life. I blesse his holy name for it, for in all my troubles I have had such sweete and comfortable refreshings from my God, that though my imprisonment, and those straights that I have beene in, might seeme to the World, to be a great and heavy burthen, yet to me it hath beene a happy condition, and a cause of exceeding joy and rejoycing.

From the Fleete, the place of my joy and rejoycing the 12 of March 1637

By me JOHN LILBURNE

Being close Imprisoned by James Ingram the Warden of the Fleete, who locked me up within few dayes after my Sentence, untill the day of my suffering, and would never suffer me to walke in the Prison yard with a Keeper, though I often sent to him, and desired it of him, but told me all was little enough, because I was so refractory.

2.: John Lilburne, A Light for the Ignorant (1638).

A LIGHT FOR THE IGNORANT OR

A Treatise shewing, that in the new Testament, is set forth three Kingly States or Governments, that is, the Civill State, the true Ecclesiasticall State, and the false Ecclesiasticall State.

Mat. 15. 13.

Every plant which my Heavenly Father hath not planted, shall be rooted up.

Seene and allowed.

Printed in the Yeare, 1638.

The Epistle to the Reader,

VVell affectionated Reader. It is (as thou knowest) a divine precept, that we should giue Honour to whom honour is due: Jmplying therein, that no honour is due either to Persõs or things, but in a lawfull and right way. And hence it is that many of Gods deare Servants both haue and still doe, refuse to yeeld any Reuerence, Honoor, Service, c. vnto Archbishops Bishops: and their dependent Offices; I say, as they are Ecclesiasticall persons doe administer in their Spirituall Courts as they terme them: in regard they have assumed such a State as is to speake properly and truely of it, neither Iure Divino nor jure Humano, warrented by the word of God. But of this I shall not need to say any more, in regard thou shalt find what here I say cleared proved sufficiently: viz. that their calling is not frô God, either in a divine or humane respect, but according to the scripturs after mentioned: altogether every way from the Devill. And therfore look unto it whosoever thou art, that thou (like Mordecay ) bow not the knee to any of these Amalsks, but on the contrarie Feare God and honour the King, and give reverence Only to such ordinances as God binds thy Conscience too, either in respect of nature or grace, and soe doeing thou shalt Give vnto Cæsar the things that are Cæsars, And give vnto God, those things that are Gods. And that thou mayst so doe, the Lord sanctsfie both this and all other good meanes and helps to thee.

A LIGHT FOR THE IGNORANT OR A Treatise shevving, that in the nevv Testament, is set forth three Kingly States or Governments, that is, the Civill State, the true Ecclesiasticall-State, and the false Ecclesiasticall State.

THere are in the new Testement of Christ Iesus three Kinglie States or Governments. The Civill State. The true Ecclesiasticall State. And the false Ecclesiasticall State. Two of them are of God, and the third is of the Divill. They all consist of these Seven particulars following.

In the First, place these three pollitique Regiments hath each of them a K ing or Head over them.

Secondly, They haue each of them authoritie power or state pollitique.

Thirdly, They haue books and Charters, wherein their statutes, Lawes, and Cannons are writen.

Fourthly, Each of these make themselves Citties Corporations or bodies politique.

Fiftly, They haue Officers and deputies who are their seuerall Ministers to and in there bodies or Corporations.

Sixtly, They have Lawes, ordinances, and administrations for these officers to administer to their subjects, according to there severall functions in the name and by the power of their proper K ing, and head; from whom they haue received their authority in whose name they administer.

Sevenlie, and lastlie, they haue subjects or members governed by and in their seuerall pollitique States and powers vnder their severall beads.

The First particular Handled.

These haue each of them a King or Head over them.

The Civill State.

The First is the State of Magistracie or civill State, that wherein Cesar is to haue his due as K ing and head, these K ings heads are to be prayed for of all Gods people, as their Heads and gouer nours Rom. 13. 1. 2 1. Tom. 2. 2.

The true Ecclesiasticall State:

This state is Christs the annointed Psa. 2. 6. Acts. 2. 26. whome God the Father hath set upon the Throne of David, Jsay, 9. 6. 7. and he is K ing of Saints Rev. 15, 3. Yea the King of Kings Lord of Lords. Rev. 17. 14. 19, 16.

The False Ecclesiasticall State.

The third is the helish state of the Beast, his Kingdome or state of Rome, which in the 13. Rev. v. 2. is said to haue his power from the D evill; also he is said to haue a Throne: therefore hee is a K ing 11. c. He is called the K ing of the Locusts which is there said to bee the Angell of the bottomleste pit. v. 11.

Secondly, these haue each of thẽ a Kingly state or power pollitique

The Civill State.

This power or Civill state is of God, and is the Charracter of Gods soveraigntie over man; is displaid by his Communicating the same unto K ings such as are in authority under them, for which cause hee hath said yee are Gods; and God must and is obeyed by stooping and submitting to this power and state, and he that resisteth this power resisteth the ordinance of God Rom. 13. c.

The true Ecclesiasticall State.

Likewise this state is of God; for it is the K ingdome of his deare Sonne, is not the Civill state but the E cclesiastical state of Christ his Church, or power which he received of his Father Mat 28. 18, after that he rose again from the dead, by which power he authorised his Apostles sent thẽ on his errand or message to al the world, Mat. 28. which power the Apostles vsed in planting Churchs and Church Officers, which power Christ gives to all the Churches of the Saints to the end of the world, it is the power given to them to bind and loose too, and from the Devill, and to right each others wrongs Mat. 18. it is the same power and state the Churches had comitted to them by the Apostles who reproved the Churches for not using it to suppresse sinne and sinne rs 1 Cor. 5. with the seuen Churches in Asia. Rev. 2. 3. c. these and many more are the severall vsts the Lord hath made of this true Ecclesiasticall or Church state, and Goverment.

The False Ecclesiasticall State.

This Angell of the illegible Rev. 9. 11. the King of the Locusts illegible a state, throne, power, and great authority. Rev. 13. 2. in the same Chapter it is said, he hath power to continue 42 moneths, v. 5. that is 126. dayes as c. 12. 6. counting each day for a yeare (as the Lord doth in numbers, 14. 34. and illegible 4. 6,) it is 1260. yeares that is the length or time of his Raigne, that one and the same time which Christs K ingdome vnder the name of the holie City shalbe trod under foot Rev. 11. 2. Likewise that is that power or state that the woman or great whore sits or aids uppon: whereby shee is able to Raigne Rev. 13. 16. c. 17. as a Queene over the K ings of the earth. And Lastly, this state is soe great that it Captiuates all Kings Princes Emperours, yea all the world of vngodly men Rev. 13. 7. 8. wonders, followes; and worships this state, or beast, and if they will not he hath such power and authority that hee will compell high and low, rich and poore, bond and free, to submit unto him, to kill all those that are found refractory to his state and power. Rev. 13. 15. 16. 17. This is the False Ecclesiasticall state and power.

Thirdly, these haue each of them bookes and Chartors to declare their minds to their Subjects.

The Civill State.

Thirdly, all K ings governours haue Bookes, statutes, and Records, wherein are recorded their Lawes Articles, Acts of Parliament, likewise to Citties and townes Corporated they give Chartors whereby they haue power and preuilidge from their K ing, head, in his name and power to instate themselves into divers previledges for their mutuall good.

The true Ecclesiasticall State.

Even soe in the next place Christ J esus hath given his lawes vnto Iacob his statutes to Israell, his statute Books are the Holie Scripture of the Old and New Testament, he is faithfull in all his house as was Moses Heb. 3. 2. 6. the acts of his last Parliament which hee called for the establishing of his Kingdome, when hee was 40. daies with his Disciples giving them lawes through the Holy Ghost, even till hee was taken vp into Heaven in their sight, as weemay see in Acts. 1. chapt. Those bookes called the Acts of the Apostles, with-all the Epistles and the Revelation, in these the Cities and Charters of the new Jerusalem is to be found with the previledges thereunto belonging.

The False Ecclesiasticall State.

This smoaky pollitique State of the Crowned Locusts or Roman Clergie Rev. 9. 3. 7. hath distinct bookes from the other two states that are of God, for this State or power hath Bookes of Cannons, Counsels; bookes of Articles, bookes of Ordination of Priests and Deacons; with the booke of Homilies, and the Booke of Common-prayer, and the power and state of this Beast, doth more narrowly looke that all be agreeable to these bookes then the other two states doth (as is manifest by that strict eye that is had ouer all in every parish) not onelie in forraigne Lands, but even in this our Kingdome of England, for they of this K ingdome of Darkenesse are wiser more diligent in their generatiõ thẽ the children of light.

Fourthly, by vertue of these Charters, these three states make Citties and Corporations, according to their proper distinct state power pollitique.

The Civill State.

In the next place the loyall Subjects of this Regiment vnder their K ing Head, by vertue of these Charters, become famous Citties, other inferior corporatiõs agreeable to the tenour of their severall Charters that they received from their Head, whẽ they received their Charters then by that means they received the State power to become a Citty or Corperation vnder that Head, when they haue vnited or incorporated themselvs into a Bodie they are a Citty constituted, and this state power they are entered into, is their for me and being, and nothing else doth distinguish them from their former state and condition but that power and state, that is, their state wherein they live moue and haue their being pollitiqucly.

The true Ecclesiasticall State.

In like manner the Subjects of this heavenlie regiment or K ing dome of Christ, by power from him their Head, doe become visible Churches and bodies incorporated together in his name power Mat. 18. therefore the Church hee left behind him of 120. were of one accord Acts 1. and to them were vnited or joyned 3000. in the next chapt. so the saints at Antioch, became a body or Church whose constitution or incorporation wee may see to bee a joyning themselves to the Lord Acts. 1. 2. 23. soe all the Churches of the Saints became bodies pollitique, and therefore Gods visible Churches are called Citties or the City of God Psal. 46. 4. Psal. 48. 1. 2. 8. Psal. 87. 2. 3. Therefore the Saints are called Cittizens Ephes. 2. 19. Inhabitants of the Living God Heb. 12. 22. This holy Cittie is troden under foote 42. Moneths Re. 11. 2. the time of the Raigne of the Beast ( Re. 13. 5.) whose Raigne is just so long this Holy Citty is the new Jerusalem that comes downe from heaven in great glory Rev. 21. the forme or beeing of his divine Citty or spirituall Bodie is the state and power pollitique instituted by Christ and given to his Saints Jude, 3. v. Psal. 133. and thus under Christ as their King they live, moue and haue their being pollitiquelie.

The False Ecclesiasticall State.

So the power of Satan the Devil by hath the wisdome of the second Beast, or false Propher, not only made to himselfe a great Citty whose power killed Christ Rev. 11. 8. Thereby pointing vs 10 the Roman power that still kills his Saints, for this Citty is soe pow e-full that she Raigns over the K ings of the earth, maks them to drinke of the cup of her fornications, till they be so drunke thereby that they become her servants Rev. 17. 2. 18. 18. 2. And by this false Ecclesiasticall power state, there are made lesse Citties called the Citties of the nations of (nation Churches) are of the same nature Re. 16. 9. as Daughters to the whore Mother of fornication of the earth, this false great Catholique Church is distributed into nations, provinces, and into every diocesse and parrish, as liuely and apparent as the Civill state, is in every parrish and in every House therein, soe that they live moue and haue their beeing as Royallie from this Beastlike power as the Saints doe by Christ, or subjects under their King, this is plaine by the daily troubles the poore saints suffer in every parrish if they worship not as this power commands.

Fiftly These haue each of them proper and distinct officers belonging to each pollitique State.

The Civill State.

In the first place these Cities by vertue of their Chartors, injoy their owne officers, Majors, Shirrifes, Alderman, and other inferiour Officers as their Lord and King hath allotted them, and also inferiour corporations according as is granted to them in their Chartor, and they that obey these doc well and please God in keeping the first Commandement.

The true Ecclesiasticall State?

Likewise the Citty of God by vertue of their chartor haue right to enjoy their owne Bishops, ouerseeres or Elders Acts, 14. 23. and chap, 20. Titus, 1. 5. 7. Which are not many, yet Wisdome that hath built her house hath found them to be sufficient: which are these, Pastors, Teachers, Elders, Deacons, Widdowes, Rom. 12. 7. 8. Ephe. 4.-11. 12. Phi. 1. 1. 1 Tim. and they that obey these and these onely serve Christ and obey God in keeping the 2. and 3. Commandements, these only being the officers which God by his Holy Apostles hath set up, instituted and placed in his Church to the end of the world: therefore, in Hearing, and obeying these we heare obey Christ that sent them Luke. 10. 16. Math. 10. 40.

The False Ecclesiasticall State?

In like manner hath this whorith City, or Citties, the False Propher, or Body of false prophets attending upon their forged divises, humane administrations, which are almost innumirable to reckon frõ the Rope to the parish clark or Paritor whosoever obyes these or any of these breaks the three first Cõmandements, for in hearing obeying these they hear obey the Dragon, Beast, whore, that sent them and gaue them their authority and Office, that as Realie as wee Heare and obey the K ing by stooping and submitting to a Constable: who sees not this.

These haue each of them proper and severall lawes, statutes, ordinances, and administrations for their severall officers to attend vpon.

The Civill State.

Sixtly, In this state or in these Citties are the lawes and ordinances of men, that the saints must obey in the Lord, for though in the time of Christ and his Apostels there were no Christian Kings, yet the Churches of the Saints were commanded to obey their Lawes, Religious Lawes they could not bee, Because the Magistrates were all infidells, therefore the Apostle Peter distingusheth them from the Divine, by calling them the Ordinances of men, due vnto illegible as divine obedience is unto God,

The true Ecclesiastcall State.

Even so this Cittie of God with illegible officers are to obserue what soever Christ hath commanded them Math. 28. 20. the Church of Corinth kept them 1 Cor. 11. 2. and illegible Charge to Timothy is to teach the Church to obserue all without prefering one before another, as he would answer it before Christ Iesus and his Elect Angells. These divine things are due to Christ Iesus, and to him to him onely, belongs this visible worship Ioh. 4 21. 22. 23.

The false Ecclesiasticall State.

The Lawes administrations of this whorish Church, are partly their owne Inventions, contained in the Bookes formerly named, with some divine truthes which vsurped they injoy, which truthes they vse as, a help to set a glose vpon their inventions: that they may passe with a better acceptation but both D ivine and devised are consecrated dedicated by the Beast, and are administred by his Officers and power.

Seauentlhy, All these three haue their subjects or people which their pollitique Bodies consist of.

The Civill State.

Lastly, this State hath Subjects, which are the Kings alleiged people, and are bound to him their Head, by the Oath of alleigence, as any of them do purchase a Charter from him to become a Cittie or Corporation, they are bound by vertue of their Charters to walkesubmissiuely to him their pollitique head, and in that relation are by duty bound to keepe the Lawes of their Charters in his name power, which is their pollitique obedience.

This Ciuill State is Gods Ordinance, and is here borrowed to Jllustrate, manifest, and set forth the other two in the former perticuler, and soe we leaue it.

The true Ecclesiasticall State,

illegible in the last place, the Subjects of this State are only Saints noe other, that is such as by the Rule of the word are to be Judged one of another to be in Christ, otherwise they haue no right to this K ingdome 1 Cor. 4. 20. Chapt. 5. 13. But are intruders lud. 4. verse and soe not of the Kingdome, though in the K ingdome, 1 Iohn 2. 19 and the Saints are out of their places till they come within this Holy Citty.

To this State all Gods people are Called, both out of this world and all false Churches, especially from this R egiment of darkenesse there discribed 2. Cor. 6. 17. Rev. 18. 4.

The False Ecclesiasticall State,

Lastly, the Subjects of this K ingdome of darkenes are all the Inbabitans of the Earth, Kings subjects Rev. 13. 16. Chap. 18. 3. Yea it, hath a commanding power, bond and free, to receive a mark of subjection and servitude, there is none soe bad but will serve his turne, if any proue too good hee casts them out, kills and destroys Rev. 11. 7.

This is the State and K ingdome of darkenes: with which the Devill hath deluded all nations from which all Gods people Servants are bound in duty to seperate, that soe they may bee free from that wrath of God which shall fall upon the K ingdome of the beast to the Ruine ouerthrow thereof Rev. 18. 4. 5. 19. 20. 14. 9. 10, 11.

Leaving the premises let every one note these ensuing differences or disproportions, that are betwene the z Ecclesiasticall States, for thir different natures.

The true Ecclesiasticall State

The First disproportion betweene the true and False State is, in the Originall from whence they arise. The true State came from Heaven and is the house of wisdomes building Pro. 9. 1. wherin the sonne of God, the wisedome of his Father, Heb. 1. 3. hath beene as faithfull as was Moses in the former Heb. 3. 2. 6. is that Heaven discribed Rev. 12. 1. and that Citty said to come downe from Heaven Rev. 21, and is an habitation for God to dwell in, and for all his people to come into: to dwell with God their Saviour, for the name of the Citty is, the Lord is there Ezec. last Chap. and last ver.

The False Ecclesiasticall State.

Likewise it is no hard Mistery to know the Originall of this False Ecclesiastical State, for the Clargie, (as Goodwins Catologue of Bishops Fox his Booke of martyrs, Rev. 9. 13 ch.) by their Preaching writing hath taught vs plainly that Antichrist the man of linne, the sonne of perdition is seated in Rome, the same Clergy doth also teach us: that their Ministery Goverments of Bishops Arch Bb. successiuely proceedes from thence, for our confirmation here in we read that Gregory the first of that name, Pope of Rome about 1000 yeares since, sent Austin the Monke into Englund consecrated him first Arch B. of Canterbury, and he consecrated the rest of the Bb. and established the Ecclesiastical state, which state platforme remaines vn-altered to this day; notwithstanding the Head thereof be changed. This state then being the man of sinne, it is said to arise out of the Bottomles pitt Rev. 9. 1. is called the King of the Locusts R ev. 9. 11. is said to come by the effectuall working of Sathan 2 Thess. 2. 9. and as he is the sonne of perdition v. 3. and the Mistery of Iniquity v. 7. so shall he come to confusion by the mouth of the Lord v. 8. go to perdition Rev. 17. 8. as the sonne heire thereof, he shall haue the company of his Fatther the great Dragon the Devill and Satan, with the yonger Brother the False Prophet, that deceiued them that worshipped him, these three shall dwell in the tormenting lake of Gods wrath forever and evermore Rev. 19. 20. 20. 10. And thus wee see Originally from whence hee came and whither he must goe.

The true Ecclesiasticall State,

A Second disproportion illegible betweene the true power and the false. The true power which Christ our K ing hath received of his Father Math. 28. 18. and hath comunicated to his Saints 1 Cor. 5. 4, 12. and Psal. 119. and to them onely; This is that Dominion that the Antient of dayes hath giuen to his Saints Dan. illegible 14. compared with ver. 22. 27: and with Revel. 5. 10. being lost hee will recover it againe vnto them as illegible speakes, in the N ew Testament is giuen to every Particuler visible Church or Assembly of Saints Math. 18. 17. 19. 20. and 1 Cor. 5. 12. In which point of Power, we are to note two things. Fust the Subject or place where it doth recide, that is in the Body or Assembly of the Saints, as the former scriptures largely declare. Secondly, that they were not forced nor compelled to sabmitt to theis power, but as the loue of God shed abroade in their hearts, the Doctrine of the Apostles by the power of the spirit caused them freely and willingly to submit them. selves unto it Acts 2. 41. for Christ and his Apostles never used any means to bring his saints into his K ingdome.

The False Ecclesiasticall State.

Soe in Like manner the Dragon that Old Serpent Rev. 12. illegible gave to his son of perdition the Beast, his power throne great authority Rev. 13. 2. And this man of sinne hath conveyed to all his Cergie his power; by vertue a herof, they are all rulers men of authority in all nations where he hath established them, as is declared Rev. 9 Chapter 10 First Verse: swher it is said, hey haue Crowne, upon their heads like gold, that is countersit power and authoritie, by vertue of this power pollitique; are made one intirebody pollitique, under one head King soe called vers. 11. and are distinct from the Layety, living in by the practise of this power, with reference to that Head, though they bee never soe farre disperced or remote from him; this beeing observed, the disproportion will appeare in these two particulers.

First, the subject place where illegible is power doth recide, it beeing in the body of the Clergy, the Layety being excluded though never so high or great in place, as Iudges, Iustices, Lords K nights c, they refusing it as a matter not belonging to them, but to the Clergy.

Secondly, this power compells all in all nations, will they nill they to come under this Government, and to obey his power and authority Rev. 13, 8. 16. where it is said, he made all great and small, rich and poore, free and bond, to submit to him, else they should not buy, nor sell nor live ver. 17. and ch. 11. 7.

The true Ecclesiasticall State:

A Third disproportion shall illegible in this, Every K ingdome or pollitique state whether Civill or E cclesiasticall, hath their severall bookes and Charters: wherein is contayned the Platforme of there severall governments, soe every Church is knowne by its owne articles, Cannons, and Constitutions, so that they that will know what Church, Ministery and worship Christ and his Apostles hath planted in the new Testement after the illegible was abolished; they must read the Acts of the Apostles with the Epistles Acts, 6. 4. 1. Cor. 14. 37. Revel. 22. 18. 19. Yea the illegible new Testement, and there they shall finde Jesus Christ our Lordard K ing, his Bookes of Cannons, Articles and Ordination, to guide and direct the Churches of the saints in his K ingdome vnto the end of the world.

The False Ecclesiasticall State

Also in the Falle State, they that would know what goverment, Church, Ministery, and worship, the man of sinne hath established, he must viewe his Platforme contayned in his Booke of Cannons, Articles, and Ordintion of the Priests Deacons, his Bookes of ho milies and Common Prayers, for in them is contayned those institutions, Lawes and ordinances that he hath established, but how contrary to the Scriptures of the Old and New Testement; they that are Spirituall in part doe know, and how obedience to them is inforced and divine Lawes omitted and laid aside, the poore saints doe finde, and illegible to there smart.

The true Ecclesiasticall State

A Fourth Disproportion. This State makes not Nationall nor Provinciali pollitique Bodies, but only particuler Congregations or assemblies of Saints, as in Judea one Nation; yet divers Churches Gal. 1. 22. Soe Galalia one nation yet many Churches ver. 3. likewise Asia hath seaven seuerall Churches ver. 1. 11. and where there was but one the Holighost speakes in the singuler number, as the Church at Rome, another at Corinth, another at Collossia, another at Thessaloniea, and the like.

Secondly, the Congregations of our Lord Christ come freely and illegible as so many living stones 1 Pet. 2. 4. 5. volluntarily vaiting themselues together, whereby they become A Spirituall house and a Royall Priesthood ver. 9. and are hereby capable of performing the publique worship of the N ew Testament, wherein they are to offer as Living sacrifices their Spules and Bodies Rom. 12. 1. and by faith to haue Communion with their Mediator Heb. 12. 24. as he hath promised to all such assemblies gathered in his name and power Rev. 21. 3. M ath. 18. 19. 20. which is the forme and beeing of this their visible and pollitique vnion communion illegible 2. 20. 21. 22. Coll. 2. 19. Thirdly, the visible Churches of Christ are independent Bodies; there is Equallity or apparity amongst them: that is, they are all a like in Iurisdiction authority, they are all Golden Candlestickes Rev. 1. 20. they are every one of them a Ierusalem compact together within it selfe Psal. 122. 3. compared with Heb. 12. 22. hauing each of them whole Christ for their mediatour, that is, Priest, Prophet; and King; and thereby enjoy all his power and all his promises, and all his Lawes and ordinances, with all his liberties and previledges.

Fourthly and Lastly; in the vse of their liberty which they enjoy from and vnder Christ their Head, and dwels in the whole body, in the vse whereof they are inabled to exclude sinne and sinners and ought that offends God or them, 1. Cor. 5. 13. 2 Thes. 3. 14 Acts 3. and to establish among them such Officers, Ordinances, and Admistrations as their Lord K ing hath given them for their comfort and profit, by this power they can examine and try False teachers Rev. 2. 2. they can reproue and admonish proud ones and exhort the negligent Cell, 4. 17, thus their power and liberty from Christ their head, becomes a great benefit and a great good to the whole body, in these and divers others perticulers of great weight.

The False Ecclesiasticall State.

But this False State brings ten K ingdomes into one pollitique body Rev. 17. 12. 13. 15. hath set heads over nations to bring them into pollitique bodies Ecclesiasticall, as for example, England is one pollitique body Ecclesiasticall, (as well as Civil) vnder one Arch-Bishop of Canterbury, and Pope of Lambeth, and by the sinewes and bonds of his Ecclesiasticall power the whole hand as one body is knitt and bound to that Ecclesiasticall Head, by vertue of that Romish authority that hee successively doth exercise, and hath received from Austin the Monko, who consecrated, authorized sent into this Land to establish this power according to Pope Gregorius his will wisdome and power.

Farther, this False State hath left noe liberty nor power to any person good or bad Rev. 13. 7. 8. but compels and forces all in the name and power of Antichrists successours; will they nill they, haue they faith or no, conscience or no conscience, this beast will be served and obeyed of all states degrees and conditions, of all people in the world ver. 15. 16. 17. soe that there is noe Ecclesiasticall body of his making whether it be the great Catholique Babylon, Rouel. 16. 19. or N ationall, or Provinciall; or Perrochiall bodies, but this Beast first made or framed them, and still by the force of the same authority doth compell them to assemble and worship in his name and power, which power is the tome and being of their visible pollitique vnion and Communion.

Againe the visible Churches which are in the Kingdome of the Beast, are neither independent nor free bodies, therefore the great Citty is called by the Holy ghost; Sodome Egypt: for her filthynes bondage Rev. 11. 8. so that there hath not in Europe one parrish beene found free from spirituall Egyptian bondage inflicted upon them by some taske Master of the Clergy, as the Person and Church-Wardens, who force and drive (by spirituall tyranny ouer the consciences of men) to their falsely so called spirituall Courts, to whom they are in bondage, and vpon whom they do essencially depend, so are not independent, neither haue they any power, or liberty to procure truth or abandon Errour in their publicke worship.

And Lastly, these poore Captiuated slavish assemblies haue noe liberty or power of Christ among them; but a great power ouer them that keepes them in a spirituall bondage, and there assemblies consists of sinners of all sorts, for they haue noe power of reproving or excluding sinne or sinners, they must take such officers as the Bishops sends them be they never soe bad; and they hane noe power to exclude or refuse them, and if they proue good they haue no power to keepe them neyther, canne they keepe themselves there, except they submit to, and practise such ordinances, Lawes administration, as are the inventions of men and will worship, and so breake the second commandement, so that they haue no power to do them selves any spirituall good, or to exclude from themselves any spirituall evill or hurt, but being injoyned by there spirituall taske-masters to assemble to Church, they goe, and when they present them to their Courts, they runne, being commanded to do this or that in there publick worship, they doe it, though it bee contrary to God and there own consciences. In these and divers other particulers this power, that is ouer them is to their exceding great hurt damage.

The true Ecclesiasticall State.

The Fift Disproportionly sin their Officers or ministers, which we are to observe thus.

First in there number, Christ Iesus our Lord and K ing hath instituted and ordayned onely siue; which are specified Rom. 12. 7. 8. Phil. 1. 1. 1 Tim. 5. for though our Lord hath ordained in his Church for the Foundation thereof; himselfe being the Chiefe corner stone, Apostles, Prophets, and Evangelists, yet not successivelie continued; but these Five onelie are to continue to the End of the world.

Secondly, these Officers and Ministers of Iesus Christ, haue not onely there authority from the particuler congregation, but do originally and naturally arise out of the same Acts, 1. 23, 26, and 6. 3; 14. 23. Note that in the new illegible the word Election is illegible out of the 23. verse. For before there he any Officers in the Church the e is instituted by the Holy Ghost divine offices; functions or odministrations; as voyd and empty roomes. Psa. 122. 5. Rev. 4. 4, cha. 20. 4. for the saints which dwell in that Citty of God to supply with illegible able persons, to performe those severall administrations, which God hath ordayned and commanded them, and for the authorising of their Officers, they haue Christ walking amongst them as in one of his golden Candlesticks, holding them in the right hand of his K ingly authority, Rev. 1. 16. by these divine deputies he rules them as a K ing, teacheth them as a Prophet, and feedes them as a Priest with his most sacred body and bloud.

The false Ecclesiasticall State.

But the officers of this illegible state are the whole body of the Clergy almost innumerable if we should reckon their severall orders illegible of degres, as Pape, Cardinals, Patriarchs, Primates, Metrapolitans, Arch-bishops, Lord-bishops, Deanes, Chancellars, Vicar-Generals, illegible Arch-deacons, Subdeacons, Doctors, of the Civill Law, Doctors of Divinity, illegible Registers, Cannons, Petty-Cannons, Chauters, Preists, Iesuits, Parish-Preists, Parsons, Vicars, Curats, Deacons, illegible Church Wardens, Swornemen, Sidemen, illegible Sextons, Pursonants, Summinours, Apparitors, with a-multitude more which would tire a man to reckon them al up their being well nie sixscore in all of this rabble, and as Iesus Christ his Apostles never knew them nor approvedly spoke of them, but rather gave warning to the Saints that they should take heede of such, for such were to come 2 Pet. 2. 1. Mat. 24. 24. and the Saints haue wofull experience that the illegible are come: for they haue been plagued with them this thousand yeares more, Yet the time approcheth and is neere when they shall bee consumed with the Breath of his mouth and brightnesse of his comming 2 Thess. 2. 8, that rides vpon the white Horse Rev. 19. 11, 12, 15, for their K ingdome is momentary, and his is Everlasting.

Likewise these offices rise not out of the particuler assemblies, neither haue the assemblies any offices or functions, properly in them nor any power or authority to produce or raise officers out of them selves, for the Clergy are a perticuler body distinct from the Layety hauing their consecrations; Offices and authority from and amongst themselves, and soe sent by their Ecclesiasticall Heads, and bring their Office and authority with them, as matters not belonging to the assemblyes, and so by vertue of that Ecclesiasticall power rule ouer them as Lords and teacheth them as that power allowes, and commands them, vsurpedly administreth spirituall foode vnto them, and soe by illegible beguileth the simple and affronts the Administration of the mediatourship of Christ Iesus.

The true Ecclesiasticall State.

A Sixt Disproportion is the difference betweene there Lawes and Administrations, as euery Citty and Corporation haue there Lawes amongst themselues by vertue of their Charters from their K ing, Even soe hath every illegible Church from Christ there King, by vertue of their Charter, which is the New Testament, in possession amongst themselves all Lawes ordinances as Christ by his Apostles Mat. 28. 20. hath committed to them, Charging them vnder acurse to keep from adding or diminishing to or from these divine Lawes Act. 1. 2. 2. 1 Cor. 1 1. 3. 2 Thes. 2. 15 Rev. 22. 18. 19.

Secondly, as the difference is great in the number of there Officers, the true being few the False being innumerable, so of necesity must the difference be in the lawes and administrations agreeable to the number of Officers; which particulers I must omitt as a matter to large for this place, yet note this by the way: that one of the first laws in Christs Church is the ordinance of Prophecie 1 Cor. 14. 1. to the end of the chap. that is, that it is not only the liberty, but the duty of every man in the Church that is able to teach preach to the edifying of the body, so to do (provided he keep the illegible of sayth; that is the boundes of his owne knowledge Rom. 12. 6.

The False Ecclesiasticall State.

But as hath beene formerly said; the false Church hath no power nor Charter nor office, for all these things are locked up within the body of the Clergie, soe is it as true that they are distitute of all lawes or administrations, amongst themselves, so that all they haue at any time is brought to them by these Crowned Stinging messengers of that authority, as Commonsence and reason proveth: hat the Clergie being apollitique and distinct body of themselves from the Layety; hauing all power and authority Ecclesiasticall in themselues, must of necessity haue all lawes ordinances and administrations in themselves, whether they bee divine, (which they haue by vsurpatõ) or humane, by their own Inventiõ, they only posesse them and haue power to vse them not fearing adding, or detracting, the Lay congregations being altogether passive herein til their Jnjuntion make them active.

Soe the lawes and ordinances of this state being innumerable (as their officers are) J must omit for to name them, as their severall false holy things: K neeling in the of neceining, Signeing with, the Crosse in Baptisme, Churching of women, Reading Prayers, with the Consecrating of Dayes, Times, Places, Persons, Garments, with their Anoynting of the Sicke and unholy. Orders of consecration, with other innumerable inventions, not worthy a-place in Christians thoughts, onely note the opposition of their law against the law of Christ, in vehement prohibiting and strongly barring all (Lay men as they call them) from preaching, that let Christ giue never soe great abillities or guifts to lay men: they are never suffered to make any publique vse of them, but it is horrible prophanesse and sacrelegious illegible soe to doe, and this prohibition of the Clergie is and hath been so vniuersall: that it reacheth to the foure Corners of the earth, and with holdeth this spirituall winde of Christ Jesus in the mouth of his Saints that it shall not blow upon them that are in the earth illegible 7.

The true Ecclesiasticall State

A Sevevth Disproportiõ is betwixt their subjects or members, the subjects or members of Christs Kingdome illegible Church must, be beleeving Disciples, they must bee Saints by Calling sanctified in Christ Iesus 1 Cor. 1. 2. they must be liuing stones to build his house withall 1 Pet. 2. 5. such as these and these onely are enjoyned to observes whatsoever he commands them, to these only is his K ingdome and dominiõ given, these be they that are crowned as K ings, anoynied as Priests, the mediatour himselfe being theirs, he hath committed the administration of his mediatorship in his Church to them. But to the Wicked faith God, what hast thou to do with these things. Psa 50. 16. Thou hast not a wedding garment therefore binde him hand foote cast him out as leaven dangerous to hurt the body 1 Cor. 5. 7. For without shall be dogges inchanters and those that loue make lyes Rev. 22. 15. But within there shall be noe vncleane thing. Revel. 21. 27.

The False Ecclesiasticall State.

But the Subjects of this foule body are all vncleane and hatefull birds, Revel. 18. 2. the Cage that holds them being the Ecclesiasticall state of Rome, is become the habitatiós of Dęvils the hold of every foul spirit, so that the illegible members which they can least indure or suffer amongst them, are the conscious saints, they are the soonest turned out, cut of and killed by them Revel. 13. 15, but yet if the saints; or Christ himselfe can by temptations or illegible bee drawn to worship the Devill, he will haue it of them Mat. 4. 9. for he will haue all the world to worship him, if high and low, rich and poore, bond and free, be all the world, he will compell them to bee subjects or members in his black Regiment Revel. 13. 16. 17.

For these dwell and rule make change lawes and times in this their habition which is the bottemlesse pit, as the Father Sonne holy Ghost do in their habitation, which is the New Jerusalem.

The true definition of a true visible Church of Iesus Christ.

1. THat every true visible Church of Christ, are a company of people called and seperated out of the world, ( a ) By the word of God, Ioyned ( b ) together in the fellowship of the Gospell by volentary ( c ) profession of fayth and obedience of Christ ( a ) Levit. 20. 26. Nehe. 10, 18. Ezeche. 44; 7. 9. 1 Pet. 2. 9. 10. Act, 2. 40. Act, 19. 9. 1 Cor. 1. illegible 2 Cor. 6. 17. Revel. 18. 4. ( b ) Act. 11. 21. 23. Ier. 50. 4, illegible ( c ) Act. 2. 41.

2 That every true visible Church of Christ, is an independent body of it selfe Revel. 1. 3. chapt. hath power from Christ her head Coll. 1. 18. 24. to bind loose; to receive in cast out by the K eys of the Kingdome Mat. 18. 17. 18. Psa. 149. 8. 9. 1 Cor. 5. 4. 5. 12. 2 Cor. 2. 7. 8.

3 That Jesus Christ hath by his Last wil and Testament given vnto and sett in his Church, sufficient rodinary Officers: with their quallifications Callings and worke, for the Administration of his holy things, and for the sufficient ordinary Instruction, Guidance and service of his Church to the end of the world. Rom. 12. 6. 7. 8. Ephe. 4. 11. 12. 13. Heb. 3. 2. 6. 1 Tim. 3. 2. 8. Chapt. 5. 9. 10. Act. 6. 3. And that all the Officers in the Church are but onely five and noe more namely Pastor, Teacher, Elder, Deacons,

Widdows. Rom. 12. 7. 8. Ephe. 4. 11. Phil. 1. 1.

1 Tim. 3. 1. Ch. 5. Tit. 1. 5. 7.

FINIS

3.: John Lilburne, A Worke of the Beast (1638).

A WORKE OF THE BEAST OR

A Relation of a most unchristian Censure, Executed upon JOHN LILBURNE, (Now prisoner in the fleet) the 18 April 1638. With the heavenly speech uttered by him at the time of his suffering.

Very usefull for these times both for the encouragement of the Godly to suffer, And for the terrour and shame of the lords Adversaries.

Heb. 10. 36.

For you have neede of patience, that after you have done the will of God, you might receive the promises

Heb. 11. 36.

And others had triall of cruell mockings, and scourgings yea moreover of bonds and imprisonments.

Printed in the yeare the Beast was Wounded 1638

The Publisher to the Reader.

Tender hearted Reader.

OF The wicked it is truely said in Iob. their Light shalbee Put out: Now wee see, in a Candle, beeing almost extinguished, that after it hath glimmered a while, it rayseth some few blazing flas hes, and soe suddenly vanisheth.

To speake what I thinke, my minde gives me, that the Lord is now vpon extinguishing the bloody Prelates out of our Land: For whereas they have not, in some late yeares shewed the cruelty which they did before, but now increase in persecution: me thinkes this is a cleere foregoing signe, that (like a snuffe in the socket ) their end and ruine is at hand.

I write this, to have thee the more patient, contented, and comforted, when thou either hearest, seest, or readest of their barbarous crueltie; besure their condemnation sleepeth not, but when their wickednes is full, I say when they haue once filled up the measure of their iniquity (the which I trust they haue allmost don) then will the Lord send back’ these locusts to the Bottomlesse pitt, from whence they came.

In the meane time feare not their faces, but stand in the trueth, and let Gods house and his ordinances bee deare to thy soule; And know, that as the L ord gaue strength to this his Servant to suffer joyfully for Christs cause; soe he will to thee and me and all others of his saints,

if he count us worthy to be called thereto.

Thineif thou be Christs, and a hater of the English Popish Prelates.

F. R.

A WORKE OF THE BEAST, OR A Relation of a most unchristian Censure, executed vpon IOHN LILBVRNE, (Novv prisoner in the fleet) the 18. of Aprill 1638 vvitl the heavenly speech vtter by him at the time of his suffering

VPon Wednesday the said 18 of Aprill, Hauing noe certaine notice of the execution of my Censure, till this present morning, I prepared my selfe by prayer unto God, that he would make good his promise, to be vvith me enable me to undergoe my Affliction vvith joy fullnes courage: and that he vvould bee a mouth and vtterance vato mee to enable me to speake that vvhich might make for his greatest honour. And in any meditations my soule did principally pitch vpon these Three places of Scripture.

First, That in Jsay. 41. 10. 11. 12. 13. Feare thou not for I am with thee, be not dismaid for I am shy God, I will strengthen thee, yea I will helpe thee, yea I will uphold thee with the right hand of my righteousnes. Behold all they that were incenced against thee shall be ashamed and confounded, they shall be as nothing, and they that striue with thee shall perrish. Thou shalt seeke them shall not finde them, even them that contended with thee, they that warr against thee shall be as nothing as a thing of nought. For I the Lord thy God will hold thee by thy right hand, saying vnto thee, feare not, J will helpe thee, Feare not thou worme Jacob, and yee men of Israell, I will helpe, thee sayth the Lord and thy Redeemer the Holy one of Israell. c.

Secondly, that place in Isay. 43. 1. 2. W here God speaks thus to his Elect. Feare not for J have Redeemed thee, I have called thee by thy name thou art mine. When thou passest through the waters J wilbe with thee, and though the rivers they shall not over flow thee, when thou walkest through the fire thou shalt not bee burnt, nesther shall the flame kindell vpon thee.

Thirdly, that in Heb. 13. 5. 6. In these words For he hath sayd I will never leave thee nor for sake thee, Soe that we may boldly say the Lord is my helper, J will not feare what man can doe to me.

With the consideration of these and other gratious promises, made to his people, I being one of his chosen ones, did claime my share interest in them, and the Lord of his infinite goodnes enabled me to cast my selfe upon and rest in them, knowing and stedfastly beleeving that he is a God of faithfullnes and power, whoe is able and willing to make good these his promises to the vtmost, and (to his praile be it spoken I desire to speake it) my soule was that morning exceedingly listed up with spiritual consolation: and J felt within me such a divine supportation, that the basenesse of my punishment J was to undergoe did seem as a matter of nothing to me. And I went to my suffering with as willing and joy full a heart as if J had been going to solemnize the day of my maraige with one of the choyselt Creatures this world could afford. The Warden of the F leete hauing sent his men for my old fellow souldler Mr. Iohn Wharton, and my selfe being both in one Chamber, wee made our selues readie to goe to the place of execution. I tooke the old man by the hand and led him downe three payre of stayers, and soe along the yard till we came to the Gate. And when we came there George Harrington the Porter told me J must stay alitle, and after our parting (commending one another to the protection of our alsufficient God) I was bid goe to the Porters Lodge, noe sooner was I gone in, but came Iohn Hawes, the other Porter to me vsing these words.

Mr. Lilburne, I am very sorie for your punishment, you are now to undergoe, you must stripp you, and be whipt from hence to Westminster.

I replied, the will of my God be done, for I knowe he will carry me through it with an vndaunted Spirit; But I must confesse it seemed at the first a little strange to me, in regard I had no more notice given me for my preperation for soe sore a punishment. For I thought I should not haue been whipt through the streete but onely at the Pillory: And soe passing a long the Lane being attended with many Staves and Halberts, as Christ was when he was apprehended by his E nimies and led to the High Priests Hall. Mat. -26, we came to illegible where was a Cart standing ready for me. And I being commanded to stripp me, I did it with all willingnes and cheerefullnes, where upon the executioner tooke out a Corde and tyed my hands to the Carts Arsse, which caused me to vtter these words, Wellcome be the Crosse of Christ,

W ith that there drew illegible a Yong man of my acquentance, and bid me put on a Couragious resolution to suffer cheerfully not to dishonor my cause for you suffer (said he) for a good cause, I gaue him thanks, for his christian incouragement, J replying I know the cause is good, for it is G ods cause, for my own part I am cheerful merry in the Lord, am as well contented with this my present portion as if I w ere to receiue my present liberty. For I knowe my G od that hath gone along with me hither to, will carry me though to the end. And for the affliction itself, though it be the punishment inflicted upon Rogues. yet I esteeme it not the least disgrace, but the greatest honour that can be done unto me, that the Lord counts me worthy to suffer any thing for his great name;

And you my Brethren that doe now here behold my present condition this day, be not discouraged, be not discouraged at the waies of Godlinesse by reason of the Crosse which accompanies it, for it is the Iot and portion of all which will lius Godly in Christ, Iesus to suffer persecution,

The Cart being readie to goe forward. I spake to the executioner (when I saw him pull out his Corded whipp out of his pocket) after this manner, Well my friend doe thy office. To which he replyed I haue whipt many a Rogue but now I shall whip an honest man. but be not discouraged (said he) it will be soon over.

To which I replyed, J knowe my God hath not onely enabled me to beleeve in his name, but alsoe to suffer for his sake, Soe the Carman drove forward his Cart, and I laboured with my God for strength to submit my back with cheerfullnes unto the smiler. And he heard my desire granted my request, for when the first stripe was giuen I felt not the leaft paine but said; Blessed be thy name O Lord my God that bast counted mee worthy to suffer for thy glorious names sake; And at the giving of the second, I cried out with a loud voice Hallelujah, Hallelujah, Glory, Honour, and Praise, bee given to thee O Lord forever, and to the Lambe that illegible vpon the Throne. Soe wee vvent vp Fleetstreete, the Lord enabling me to endure the stripes vvith luch patience and cherefullnes, that J did not in the least manner shevv the least discontent at them; for my God hardened my backe, and steeled my reynes, and tooke a vvay the smart and payne of the stripes from mee.

But J must confesse, if I had had no more but my owne naturall strength, I had suncke vnder the burden of my punishement; for to the flesh the paine was uery grevious illegible But my God in whom I did trust was higher and stronger then my selfe, whoe strengthened and enabled mee not onely to undergoe the punishment with cherefullnes: but made me illegible with a holy dis daine to insult over my torments.

And as we went along the Strand, many friends spoke to me asked how I did, bid me be cherfull, to whom I replied, I was merry and cheerfull: and was upheld with a diuine and heauenly supportation, comforted with the sweet consolations of Gods spirit. And about the middle of the Strand, there came a Friend and bid me speake with boldneste. To whom I replied, when the time comes soe I will. for then if I should haue spoken and spent my strength, it would haue been but as water spilt on the ground, in regard of the noyse and presse of people. And alsoe at that time I was not in a fitt tomper to speake: because the dust much troubled mee, and the Suune shined very hot vpon mee. And the Tipstaffc man at the first vvould not let mee haue my hatt to keepe the illegible heate of the Sunne from my head: Alsoe hee many times spake to the Cart man to driue softly, Soe that the heate of the Sunne exceedingly peirced my head: and made me somwhat faint. But yet my God vpheld me vvith courage, and made me vndergoe it vvith a joyfull heart. And vvhen J came to Chearing Crosse some Christian friends spake to me and bid me be of good cheere.

Soe I am (said I ) for I rest not in my ovvne strength. but J fight vnder the Banner of my great and mightie Captaine the Lord J esus Christ who hath conquered all his E nemies, and I doubt not but through his strength I shall conquer and over come all my sufferings, for his power upholdes mee, his strength enables mee, his presence cheeres mee, and his Spirit comforts mee, and I looke for an immortall Crowne which never shall fade nor decay, the assured hope and expectation where of makes, mee to contemne my sufferings, and count them as nothing, ffor my momentany affliction will worke for me a farre more exceeding Crowne and weight of glory. And as I went by the Kings pallace a great Multitude of people came to looke vpon me. And passing through the gate vnto Westminster, Many demanded what was the matter.

To whom I replied, my Brethren, against the Law of God, against the law of the Land, against the K ing or State haue J not committed the least offence that deserves this punishment, but only J suffer as an object of the Prelates cruelty and malice; and hereupon, one of the Warden of the Fleets-officers, beganne to interrupt me, and tells mee my suffering was just and therefore I should hold my tongue; Whom J bidd meddle with his owne businesse, for I would speake come what would, for my cause was good for which I suffered, and here I was ready to sheb my dearest blood for it.

And as we went through Kings illegible many encouraged me, and bidd me be cheerefull; O thers whose faces (to my knowledge) I never sawe before; and who J verilie thinke knew not the cause of my suffering, but seeing my cheerefullnes vnder it, beseeched the Lord to blesse me and strenthen mee.

At the last wee came to the Pillary, where I was unloosed from the Cart, and having put one some of my cloathes wee went to the Taverne, vvhere J staid a prittie vvhile vvaiting fot my Surgeon.

vvhoe vvas not yet come to dresse mee. W here vvere many of my Friends, whoe exceedingly rejoyced to see my courage. that the Lord had enabled me to vndergoe my punishment soe willingly.

Whoe asked me how I did. I tould them, as well as ever I was in my life I blesse my God for it. for I felt such inward joy and comfort, chearing vp my soule, that I lightly esteemed my sufferings.

And this I counted my weding day in which I was married to the Lord Iesus Christ: for now I knowe he loues me in that he hath bestowed soe rich apparrell this day upon me, and counted me worthie to suffer for his sake. I hauing a desire to retire into a private roome from the multitude of people that were about me, which made me like to faint: I had not been ther long but Mr. Lightburne the Tibstasse of the Star-Chamber, came to me saying the Lords sent him to me, to knowe if I would acknowledge my selfe to be in a fault and then be knew what to say unto me. To whom I replied, Haue their Honours caused me to be whipt from the Fleet to Westminster; and doe they now send to knowe if I wil acknowledge a fault. They should have done this before I had beene whipt; for now seeing I have vndergone the greatest part of my punishment, I hope the Lord will assist me to goe through it all. and besides, if I would haue done this at the first I needed not to haue come to this, But as I tould the Lords when J was before them at the Barre. Soe I desire you to tell them againe, that I am not conscious to my selfe of doing any thing that deserues a submission, but yet I doe willingly submit to their Lordships pleasures in my Censure. He told me if I would confesse, a fault it would saue me astanding on the Pillary otherwise I must undergoe the burden of it.

Wel, (Said I) J regard not alittle out ward disgrace for the cause of my God, I haue found alreadie that sweetnesse in him in whom I haue beleeued, that through his strength I am able to undergoe any thing that shalbee inflicted on me; But me thinks that J had verie hard measure that I should be condemned and thus punished vpon two Oaths, in which the party hath most falslie soresworne himselfe: and because I would not take an Oath to betray mine owne innocency; Why Paul found more favour and mercy from the Heathen Roman-Governors, for they would not put him to an Oath to accuse himselfe, but suffered him to make the best defence he could for himselfe, neither would they condemne him before his accusers and he were brought face to face, to justifie and fully to proue their accusation: But the Lords haue not dealt so with me, for my accusers and I were neuer brought face to face to justifie their accusation against me: it is true two false Oatheswere Sworne against mee: and I was therevpon condemned. and because I would not accuse my selfe. It is true (said hee) it was soe with Paul but the Lawes of this Land, are otherwise then their Lawes were in those dayes. Then said I, they are vvorse and more cruell, then the Lawes of the Pagans and Heathen Romans were. whoe would condemne no man without illegible and they should be brought face to face; to justifie their accusation. And so hee went away, I prepared my selfe for the Pillary, to which J went with a joyfull courage. and when I was vpon it, I made obeysance to the Lords, some of them as (J suppose) looking out at the Sarr-Chamber -window, towards mee. And so I putt my neck into the hole, which beeing a great deale to low for me, it was very painfull to me in regard of the continuance of time that I stood on the Pillary: which was a bout two houres, my back also being very sore, and the Sunne shining exceeding hot. And the Tipstaffe man, not suffering mee to keepe on my hat, to defend my head from the heat of the Sunne. So that I stood there in great paine. Yet through the strength of my God I vndorwent it with courage: to the very last minute. And lifting vp my heart and illegible vnto my God,

While I was thus standing on the Pillary. J craued his Powerfull assistance: with the spirit of wisdome and courage, that I might open my mouth with boldnesse: and speake those things that might make for his greatest glory, and the good of his people, and soe casting my eyes on the multitude, I beganne to speake after this manner.

My Christean Brethren, to all you that loue the Lord Iesus Christ. and desire that hee should raigne and rule in your hearts and liues, to you especially: and to as many as heare me this day: I direct my speech.

J stand here in the place of ignominy and shame. Yet to mee it is not so, but I owne and imbrace it, as the Wellcome Crosse of Christ. And as a badge of my Christian Profession. I haue been already whipt from the F leet to this place, by vertue of a Censure: from the Honourable Lords of the illegible Chamber hereunto, The Cause of my Censure I shall declare unto you as briefly as I canne.

The Lord by his speciall hand of illegible so ordered it, that Not long agoe I was in Holland. Where I was like to haue settled my selfe in a Course of trading, that might haue brought me in a - pretty large portion of earthlie things; (after which my heart did too much runne) but the Lord hauing a better portion in store for mee, and more durable riches to bestow vpon my soule. By the same hand of providence: brought me back a gaine. And cast me into easie affliction, that there by I might be weaned from the world, and see the vanitie and emptines of all things therein. And he hath now pitched my soule vpon such an object of beautie, amiablenessc: excelencie, as is as permanent and endurable as eternitie it selfe, N amely the personall excelencie of the Lord Iesus Christ, the sweetnesse of whose presence, no affliction can ever be able to wrest out of my soule.

N ow while J was in Holland, it seemes ther were divers Bookes, of that N oble and Renowned Dr. Iohn Bastwicks sent into England, which came to the hands of one Edmond Chillington, for the sending over which I was taken, and apprehended, the plot being before laid, by one Iohn Chilliburne (whom I supposed) tooke to be my friend) servant to my old fellow souldier Mr. John Wharton living in Bow-lane (after this manner.)

I walking in the Street, with the said Iohn Chilliburne, was taken by the P ursevant and his men, the said Iohn as I verily beleeve, hauing given direction to them: where to stand, and he himselfe was the third man that laid hands on me to hold mee.

N ow at my Censure before the Lords: I there declared vpon the word of a Christian that I sent not over those Bookes, neither did I know the Shipp that brought them, nor any of the men that belonged to the Shipp, nor to my knowledge did I ever see, either Shipp: or any appertaining to it, in all my dayes.

Besides this, I was accused at my examination before, the Kings Atturny at his Chamber, by the said Edmond Chillington Button Seller Iiving in Canon street neere Abchurch Lane, and late Prisoner in Bridewell Newgate, for printing 10. or 12. thousand Bookes in Holland, and that J would haue printed the Vnmasking the mistery of iniquitie if I could haue gott a true Copie of it, and that I had a Chamber in M r . John Foots house at Delfe where hee thinkes the bookes were kept. Now here I declare before you all, vpon the word of asuffering Christian: that hee might haue as well accused mee of printing ahundred thousand bookes, and the on been as true as the other; And for the printing the Vnmasking the M istery of Iniquity, vpon the word of an honest man I never saw, nor to my knowledge heard of the Booke, till I came back againe into England: And for my having a Chamber in M r . John Foots house at Delfe, where he thinkes the Bookes were kept. J was soe farre from having a Chamber there, as I never lay in his house, but twice or thrice at the most, and upon the last Friday of the last Tearme I was brought to the Star-Chamber Barre, where before mee was read the said Edmond Chillingtons Affidavit, vpon Oath, against Mr. John Wharton and my selfe. The Summe of which Oath was, That hee and I had Printed (at Rotterdam in Holland, ) Dr. Bastwicks Answer, and his Letany, with divers other scandalous Bookes.

N ow here againe I speake it in the presence of God, all you that heare mee, that Mr. Wharton, and I never joyned together in printing, either these or any other Bookes whatsoever. Neither did I receive any mony from him, toward the printing any.

Withall, in his first Oath, hee peremtorilie swore that wee had printed them at Rotterdam. Vnto which I likewise say, That hee hath in this particular forsworne himselfe, for my owne part, I never in all my daies either printed, or caused to be printed, either for my selfe or Mr. Wharton any Bookes at Rotterdam. Neither did I come into any Printing house there all the time I was in the Citty.

And then vpon the Twelday after he swore, against both of us againe. The summe of which Oaths was, that I had confessed to him (which is most false) that I had Printed Dr. Bastwicks Answer to S r . John Banks his Information, and his Letany; another Booke called Certaine answers to certaine Objections; And another Booke called The vanity impiety of the old Letany; that J had divers other Bookes of the said Dr. Bastwicks in Printing, that Mr. Wharton, had beene at the charges of Printing a Booke called A illegible of the Bishops late proceeding; and another Booke called 16. new Queries, and in this his Oath hath sworne they were Printed at Rotterdam, or some where else in Holland; that on James Oldam, a Turner keping Shop at Westminster hall-gate disperced divers of these bookes. Now in this Oath he hath againe forsworne himselfe in a high degree, for wheras he took his Oath that I had printed the Booke called The Vanitie and impiety of the old Letany, I here speake it before you all, that I never in all my daies did see one of them in print, but I must confess, I haue seen read it, in written hand, before the Dr. was censured, as for other books, of which he saith I haue diverse in printing. To that I answer, that for mine owne perticuler I never read nor saw any of the Drs. Bookes: but the forenamed foure in English, and one little thing more of about; two sheetes of paper, which is annexed to the Vanity of the Old Letany, And as for his Lattine Bookes J never saw any but two: N amely his Flagellam, for which he was first censured in the High-Commission Court: and his Apologeticus, which were both in print long before J knew the Dr. But it is true, there is a second edition of his Flagellam, but that was at the presse aboue two yeares agoe: namly Anno 1634. And some of this impression was in England before J came out of Holland,

And these are the maine things for which I was Censured and Condemned. B eing two Oaths in which the said Chillington, hath palpably forsworne himselfe. And if hee had not forsworne himselfe. Yet by the law (as I am given to vnderstand) I might have excepted against him, being a guilty person himselfe and a Prisoner, and did that which hee did against thee for pvrchasing his owne liberty which hee hath by such Iudasly meanes gott and obtained. Who is also knowne to bee a lying fellow, as J told the Lords I was able to proue and make good.

But besides all this, there was an inquisition Oath tendered vnto mee (which J refused to take) on foure severall daies; the summe of which Oath is thus much. You shall sweare that you shall make true answer to all things that shall be asked of you: So helpe you God. N ow this Oath I refused as a sinfull and vnlawfull Oath: it being the High-Commission Oath, with which the Prelates euer haue and still do so butcherly torment, afflict and vndoe, the deare Saints and Servants of God, It is also an Oath against the Law of the Land, As Mr. Nicholas Fuller in his Argument doth proue, And olso it is expressly against the Petition of Right an Act of Parlament Enacted in the second yeare of our King. Againe, it is absolutely against the Law of God, for that law requires noe man to accuse himselfe, but if any thing be laid to his charge: there must come two or three witnesses at the least to proue it. It is also against the practise of Christ himselfe, who in all his examinations before the High Priest would not accuse himselfe: but vpon their demands, returned this answer: Why aske jea mee, go to them that heard mee.

With all this Oath is against the uery law of nature, for nature is alwaies a preserver of it selfe and not a distroyer. But if a man takes this wicked Oath he distroyes and vndoes himselfe, as daily experience doth witnesse. Nay it is worse then the Law of the Heathen Romans, as we may reade Act. 25. 16. For when Paull stood before the Pagan Governours, and the Iews required Judgement against him, the Governour replyed, it is not the manner of the Romans to condemne any man before his accusers hee were brought face to face to j ustify their accusation. But for my owne part, if I had beene proceeded against by a Bill, J would haue answered justified all that they coulde have proved against me, by the strength of my God would have sealed whatsoever I have don with my bloud, for I am privy to mine own actions, my conscience beares me witnes that I have laboured ever since the Lord in mercy made the riches of his grace known to my Soule, to keep a good conscience and to walke inoffensably both towards God, man. But as for that Oath that was put unto me I did refuse to take it, as a sinfull and unlawfull Oath, by the strength of my God enabling me I wil never take it though I be paid in peices with wilde horses as the ancient Chritians were by the bloudy Tirants, in the Primitive Church; neither shall I thinke that man a saithfull Subject, of Christs K ingdome, that shall at any time hereafter take it, seeing the wickednes of it bath been so apparently laid open by so many, for the refusall wherof many doe suffer cruell persecution to this day. Thus have J as briefly as I could; declated unto you, the whole cause of my standing here this day, I being upon these grounds censured by the L ords at the Starr-chamber on the last Court day of the last tearme to pay 500. põ. to the King and to receive the punishment which with rejoicing I hane undergon, vnto whose censure I do with willingnes cheeresulnes submit, my selfe.

But seeing I now stand here at this present, I intend the Lord assisting me with his power, and guiding me by his spirit, to declare my minde unto you.

I haue nothing to say to any mans person, and therefore will not meddle with that. Onlie the things that I have to say in the first place, are concerning the Bishops their calling. They challeng their callings to be Iure Divino, for the oppugning of which, those three renovvned living marters of the Lord, Dr. Bastwick M. Burton M. Prinne: did suffer in this place, and they have sufficientlie proved, that their, Calling is not from God, which men I love and honour, and doe perswade my selfe their soules are deere and precious in the sight of God, though they were so cruellie and butcherlie dealt with by the Prelates, and as for Mr. Burton and Mr. Prynne they are worthie and learned men, but yet did not in manie things write so fullie as the Dr. did, who hath sufficientlie plen tifullie set forth the wickednes, both of the Prelates themselves of their callings. (as you may reade in his Bookes) that they are not Jure Divino, which noble and reverend Dr. I love with my Soule, and as he is a man that stands for the truth and Glorie of God, my verie life and hart blood I will lay downe for his honour, and the maintaining of his cause, for which he Suffered, it being Gods cause. As for the Bishops, they vsed in former times to challeng their jurisdiction, Callings, and power from the K ing. But they haue now openly in the High Commission Court renounced that, as was heard by many, at the Censure of that Noble Dr. And as you may fullie read in his Apollogeticus. And in his Answer to Sr. Iohn Bankes his Jnformation. Novv J will here mantaine it before them all. That their Calling is so farre from being Iure Diuino (as they say they are) that they are rather Iure Diabollico. W hich if I be not able to proue, let me be hanged vp at the Hall Gate. But my Brethren, for your better satisfaction, read the 9. 13. Chapters of the Reuelation, and there you shall see, that there came Locust out of the Bottomlesse Pitt, part of vvhom they are, and they are ther liuely discirbed. Also yon shall there finde, that the Beast (which is the Pope, or Roman State and Govermeut,) hath given to him by the Dragon (the Devill ) his Power and S eate, and great authoritie, Soe that the Popes authoritie comes from the Devill, and the Prelates, and their C reatures in their printed Bookes, do challenge their authoritie jurisdiction and Power, (that they exercise over all sorts of people) is from Rome.

And for proving of the C hurch of England to be a true Church, their best strongest argument is: that the Bb. are lineally discended from his Holines (or impiousnes) of Rome: as you may read in Pocklingtons Booke, called S unday no S abboth. So that by their own confession they stand by that same power and authoritie that they haue receaved from the Pope. Soe that their calling is not from God but from the Divill. For the Pope cannot give a better authoritie or calling to them, then he himselfe hath. But his Authoritie and Calling is from the Devill: Therefore the Prelates C alling and authoritie is from the Devill alsoe. Revel. 9. 3. And there came out of the smoake, Locusts upon the earth: and unto them was given power as the Scorpions of the earth haue power to hurt: and vndoc men, as the Prelates dailie doe. And also Revel. 13. 2. And the Beast which I sawe (saith S. Iohn ) was like unto a Leopard, and his seete were as the seete of a Beare, and his mouth as the mouth of a Lion, and the Dragon (that is to say the Devill) gaue him his power, his seat, and great authority. and ver. 15. 16. 17. And whether the Prelates as well as the Pope, do not daily the same things: let every man that hath but common reason judge.

For do not their daily practises and cruell burdens, imposed on all sorts of people, high and low, rich and poore: witnesse that their discent is from the Beast, part of his state and kingdome. Soe also Revel. 16. 13. 14. All which places do declare, that their Power and authority being from the Pope, (as they themselues confesse) Therefore it must needes originally come from the Devill For their power callings, must of necessitie proceede either from God, or else from the Divill, But it proceeds not from God, as the Scriptures sufficiently declares: Therefore there calling and power proceeds from the Devill, as both Scripture and there owne daily practises doe demonstrate and prove. And as for that last place cited Rev. 16. 13. 14. Jf you please to reane the Second, and third parts of Dr. Bastwicks Letany, you shall finde, he their proves that the Prelates practises doe every way suite with, and make good that portion of Scripture to the vtmost. For in their Sermons that they preach before his Majestie: how doe they incense the K ing nobles against the people of God, labouring to make them odious in his sight stirring him up to execute vengance vpon them, though they be the most harmelesse generation of all others.

And as for all these officers that are vnder them made by them, for mine own particular I cannot se but that their callings are as unlawfull as the Bishops themselves, and in particular for the callings of the ministers, J do not, nor will not speake against their persons, for I know some of them to be very able men, and men of excellent guistes and quallifications, and I perswade my selfe their souls are very deare and pretious in the fight of God.

Yet not withstanding, this proves not their Callings to be ever the better. As it is in civill government. If the King (whom God hath made a lawfull Majestrate) make a wicked man an officer, hee is as true an officer and as well to be obeyed, comming in the K ings name, as the best man in the world comming with the same atthoritie, for in such a case, he that is a wicked man hath his calling from as good authority as the godliest man hath: And therefore his calling is as good as the others.

But on the other side, if he that hath noe authoritie make officers, though the men themselues be never so good and holie. Yet their holines mals their calling never a whitt the truer, but still is a false a calling: in regard his authority was not good nor lawful that made illegible illegible so the ministers, be they never so holy mē: yet they haue one and the same calling with the wickedest that is amongest them, their holines proues not their callings to be ever the truer: seeing their authority that made them ministers is false, and therefore they haue more to answer for then any of the rest: by how much the more God hath bestowed greater guists vpon them then vpon others, and yet they detaine the truth in vnrighteousnesse from Gods people: and do not make knowne to them as they ought, the whole will and counsell of God.

And againe, the greater is their sinne if their callings be vnlawfull, (as J verily beleeve they are) in that they still hold them and doe not willingly lay them downe renounce them, for they do but deceiue the people and highly dishonour God, and sinno against their owne soules, while they preach vnto the people by vertue of an Antichristian and vnlawfull Calling, and the more godlie audable the Minister is that still preaches by vertue of this calling, the more hurt he doth, for the people that haue such a Minister will not be perswaded of the truth of things, though one speake informe them in the name of the Lord; but will be ready to reply, Our Minister that preaches still by vertue of this Calling, is so holy a man, that were not his calling right good: I do assure my selfe be would no longer preach by vertue thereof, And thus the holines of the minister is a Cloake to couer the unlawfulnes of his calling, and make the people continue rebells against Christs his Scepter and K ingdome, which is an agreuation of his sinne. for by this meanes the people are kept off from receiving the whole truth into their soules, rest in being but almost Christians, or but Christians in part. But Oh my Brethren, it behoues all you that feare God, and tender the Salvation of your owne Soules, to looke about you to shake of that long security formality in Religion, that you have layne in. For God of all things cannot indure Lukewarmenes Revel 3. 16. And search out diligently the truth of things, and try them in the Ballance of the Sanctuary. I beseech you take things no more vpon trust, as hitherto you haue done, but take paines to search and finde out those Spirituall and hidden truthes that God hath enwraped in his sacred Booke, and finde out a bottom for your owne soules. For if you will haue the comforts of them, you must bestow some labour for the getting of them, and you must search dilligently before you finde them Pro. 2. Labour also to withdraw your neckes from vnder that Spirituall and Antichristian bondage, (unto which you haue for a long time subjected your soules) least the Lord cause his plagues and the fearcenesse of his wrath to seize both vpon your bodies and soules: seeing you are now warned of the danger of these things.

For hee himselfe hath said Revel. 14. 9. 10. 11. That if any man worship the Beast and his Image, and receiue his marke in his forehead or in his hand. The same shall drinke of the wine of his wrath: which is powered out without mixture into the cup of his indignation, and he shal be tormented with fire and brithstone in the presentes of the illegible Angels, in the presence of the Lambe, and the smoake of their Torment ascended, vp for ever and ever, and they have illegible rest day wor night, who worship the illegible his Image, and whosoever receiveith the marke of his a name. Therefore as you loue your owne soules and looke for that illegible illegible Crowne of happines in the world to come, looke that you with draw your selves from that Antichristian power slavery that you are now vnder, even as God himselfe hath commanded and injoyned you in Rev. 18. 4. saying Come one of her my people illegible you bee not pertaker of her sinns illegible that illegible receive not of her Plagues, for her sinnes have reached vnto heaven; and God hath remembred her mignities. Here is the voyce of God himselfe commanding all his chosen ones, though they have lived vnder this Antichristian slavish power and estate along time; yet at last to withdraw their obedience, and subjection from it. My Brethren, wee are all at this present in a very dangerous and fearefull condition; vnder the illegible and spirituall bondage of the Prelates, in regard wee have turned Traytours vnto our God, in seing his Almighty great name and his Heavenly truth troden under foote, and soe highlie dishonoured by them, and yet wee not onely let them alone in holding our peace, but most slavishlie wickedly, subject our selves unto them; fearing the face of a peece of illegible more then the Almightie great God of Heaven and earth, who is able to cast both body Soule in to everlasting damnation.

Oh repent; I beseech you therefore repent, for that great dishonour you have suffered to bee done unto God by your fearfullnes, and cowardlines, for the time to come, put on couragious resolutions like valiant souldiers of Iesus Christ; and fight manfullie in this his spirituall battell, in which battell some of his souldiers haue allready lost part of their blood, and withall; Study this Booke of the Revelation; and there you shall finde the mistery of iniquitie fullie vnfolded and explaned; and also you shall se what great spirituall battels haue beene fought betwixt the Lambe his Servants, and the Dragon (the Devill ) and his vassals, and some are yet to fight.

Therefore gird on your Spirituall armour Spoken of Ephes. 6. that you may quit your selves like good faithfull Souldiers, and feare no coulors the victory and conquest is ours allready; for wee are sure to have it, (I do not speake of any bodily and temporall battell but onelie of a spirituall one) and be not discouraged and knoct of from the study of it, because of the obscurity and darkenes of it, for the Lord hath promised his illegible Spirit unto all his people that are laborous and studious to know him aright, and also he hath promised a blessing and pronounced a blessednes vnto all that read and labour to keape the things contayned in this booke Rev. 1. 3. My Christian Brethren, in the bowels of Iesus Christ I beseech you doe not contemne the things that are delivered to you, in regard of the meanesse and weaknesse of mee the instrument, being but one of the meanest and unworthiest of the Servants of Jesus Christ, for the Lord many times doth great things by weake meanes, that his power may be more seene, for wee are to ready to cast our eye vpon the meanes and instrument: not looking up unto that Almighty power that is in God, who is able to doe the greatest things by the weakest meanes, and therefore out of the mouthes of Babes Sucklings he hath ordayned strength Psal. 8. 2. And hee hath chosen the foolish things of the world to confound the wise, and G od hath chosen the weake things of the world to confound the things which are mighty, base things of the world, things which are dispised hath G od chosen; Yea things which are not, to bring to nought things that are 1. Cor. 1. 27. 28. And he giues the reason wherefore he is pleased so to do. That no flesh should glory in his presence.

So you se God is not tyed to any instrument means to effect his own glory, but hee by the least illegible is able to bring to passe the greatest things.

It is true, J am a yong man and noe Scoller; according to that which the world counts Scollership, yet I have obtayned mercie of the Lord to be faithfull, hee by a divine prouidence hath brought me hither this day, I speak to you in the name of the Lord, being assisted with the spirit power of the God of Heaven and earth, I speake not the words of rashnes or inconsideratenesle; but the words of sobernes, and mature deliberation, for I did consult with my God before I came hither, and desired him that he would direct and enable me to speake that which might be for his glory and the good of his people, And as I am a Souldier fighting under the banner of the great and mightie Captaine the Lord Iesus Christ, and as J looke for that Crowne of immortality which one day I know shall bee set upon my temples, being in the condition that I am in, I dare not hold my peace, but speake unto you with boldnes in the might and strength of my God, the things which the Lord in mercy hath made knowne unto my Soule, come life come death.

When I was here about, there came a fat Lawier, I do not know his name, commanded me to hold my peace leave my preaching. To whom I replied and said, Sr. I will not hold my peace but speake my minde freely though I be hanged at Tiburne for my paines. It seemes he himselfe was gauled and toucht as the Lawiers were in Christ time, when hee spake against the Scribes Pharisees, which made them say, Master in saying thus thou reutlest us alsoe. Soe he went away and (I thinke) complained to the Lords, but J went on with my speech and said,

My Brethren, be not discouraged at the waies of God for the affliction and Crosse that doth accompany them, for it is sweete comfortable drawing in the Yoake of Christ for all that, and I haue found it soe by experience, for my soule is fild so full of spirituall and heavenlie joy, that with my tongue J am not able to expresse it, neither are any capeable (J thinke) to partake of soe great a degre of consolation but onelie those upon whom the Lords gracious afflicting hand is.

And for mine owne part I stand this day in the place of an evill doer, but my conscience witnesseth that I am not soe. And here about I put my hand in my pocket, and puld out Three of worthie D r . Bastwicks Bookes and threw them among the people and said. There is part of the bookes for which I suffer; take them among you, and read them, and see if you finde any thing in them, against the Law of God, the Law of the Land, the glory of God, the honour of the K ing or state.

I am the Sonne of a Gentleman, and my Friends are of rancke and quality in the Countrie where they live, which is 200. miles from this place, and I am in my present condition deserted of them all, for I know not one of them dare meddle with me in my present estate, being J am stung by the Scorpions ( the Prelates ) and for anything I know, it may bee J shall never haue a fauourable countenance from any of them againe, and withall, I am a yong man and likelie to haue lived well and in plentie, according to the fashion of the world. Yet notwithstanding, for the cause of Christ, and to doe him service, I haue and doe bid adue to Father, F riends, Riches, pleasures, case, contented life and bloud, and lay all downe at the Footstoole of Iesus Christ, being willing to part with all rather then I will dishonour him, or in the least measure part with the peace of a good conscience, that sweetnesse and joy which I haue found in him, for in naked Christ is the quintisence of swetnes I am so farr from thinking my affliction and punishment which this day I haue endured and still doe indure and groane under (a disgrace) that I receive it as the welcome Crosse of Christ, and doe thinke my selfe this day more honoured by my sufferings then if a Crowne of gold had beene set upon my head, for I haue in some part beene made conformable to my Lord and Master, and have in some measure drunke of the lame Cupp which he himselfe drank of, while he was in this sinfull world, for he shed his most precious bloud for the salvation of my poore soul, that so I might be reconsiled to his father, therfor am I willing to undergo any thing for his lake; that in ward joy consolation within me that carries mee high aboue all my pains torments, you ( My Brethren ) if you be willing to haue Christ, you must owne him and take him upon his own tearmes, know that Christ and the Crosse is inseperable, for he that will live godlie in Christ Iesus must suffer persecution and affliction, it is the lott and portion of all his chosen ones, through many afflictions trials we must enter into glorie and the Apostell saith, that if we be without afflictions whereof all are partakers, then are yee Bastards and, not Sonnes. And therfore if you will haue Christ sit down reckon before ever you make profession of him what he will cost you; least when you come to the triall you dishonour him, and if you hee not willing and contented to part withall; and let all goe for his sake, you are not worthy of him.

If Parents, husband, wife or children, lands or livings, riches, or honours, pleasure, or ease, life or blood, stand in the way, you must be willing to parte with all these and to entertaine Christ naked alone, though you haue nothing but the Grosse, or else you are not worthy of him Math. 10. 37. 38.

Oh my Brethren there is such sweetnes and contentednes in enjoying the Lord Iesus alone, that it is able where it is felt, to make a man goe through all difficulties? endure all hardshipps that may possiblie come vpon him. Therefore if hee call you to it, doe not deny him nor his truth in the least manner, for he hath said, Hee that denies him before men, him will hee denie before his Father which is in Heaven. And now is the time that wee must shew our selves good S ouldiers of Jesus Christ, for his truth, his cause and glorie lies at stake in a high degree, therefore put one couragious resolutions, and withdraw your necks and soules from all false power and worship, and fight with courage and boldnes in this spirituall Battell, in which Battell the Lord befor your eyes hath raised vp some valiant Champions that fought up to the eares in bloud, therefore be couragious Souldiers and fight it out bravely, that your God may be glorified by you, and let him onelie have the service, both of your inward and outward man, and stand to his cause, and loue your owne Soules, and feare not the face of any mortall man, for God hath promised to bee with you and uphold you that they shall not preuaile against you, illegible 10. 111. But alas, how fewe are there that dare shew any courage for God and his cause, though his glorie lies at the Stake, but thinke themselves happy and well, and count themselves wise men if they can sleepe in a whole skinn, when Christ hath said, Hee that ’will saue his life shall loose it, and hee that will loose his life for his sake shall finde it, What shall it profit a man if he gaine the whole world loose his owne Soule?

Therefore is it better for a man to bee willing and contented to let all goe for the enjoying of Christ and doing him service, then to illegible downe and sleepe in a whole skinne, though in soe doeing hee gaine all the world and see him dishonoured, his glorie and truth illegible under illegible and the bloud of his Servants shed and Split?

Yes without doubt it is. But many are in these times so far from suffering valientlie for Christ, that they rather illegible illegible from it, and count it a point of singularitie and pride, and selfe ends for a man to put himselfe forward to doe God service; asking, what calling and warrant any private man hath thereunto, seeing it belongs to the Ministers to speake of these things. Yes soe it illegible But alas they are so cowardly and fearfull that they dare not speake;

And therfore it belongs also to thee, or mee, or any other man, if thou beest a Souldier of Iesus Christ, whatsoever by place or Calling thy rancke or degree bee, bee it higher or lower, yet if hee call for thy service, thou art bound though others stand still, to mainetaine his power and glory to the utmost of thy power and strength, yea to the shedding the last drop of thy blood; for he hath not loued his life vnto the death for thy sake, but shed his precious blood for the redemption of thy soule, bath hee done this for thee, and darest thou see him dishonoured and his glory lie at the stake, and not speake on his behalfe, or doe him the best service thou canst?

If out of a base and cowardlie Spirit thus thou dost, Let me tell thee here and that truly to thy face, thou baft a Dalila in thy heart which thou louest more then God, and that thou shalt on day certainly finde by wofull experience. Alas if men should hold their peace in such times as these, the Lord would cause the verie Stones to speake to convince man of his cowardlie basenesse.

Having proceeded in amanner thus farre by the strength of my God, with boldues and courage in my speech, The Warden of the Fleete came with the fatt Lawier, and commanded mee to hold my peace. To whom I replied, I would speake and declaremy cause and minde, though J were to bee Hanged at the gate for my speaking. And he caused proclamation to be maid upon the Pillary: for bringing to him the Bookes. So then he commanded me to be gagged, and if I spake any more that then J should bee whipt againe upon the Pillary.

So I remained about an houre a halfe gagged, being intercepted of much matter which by Gods assistance I intended to haue spoken, But yet with their cruelty I was nothing at all daunted, for I was full of comfort and courage, beeing mightily strengthned with the power of the Almightie which made me with cheerefullnesse illegible umph over all my sufferings, not shewing one sad countenance or a disconted heart.

And when I was to come downe having taken out my head out of the Pillarie, I looked about mee upon the people and said. I am more then a conquerer though him that loved me. Vivat Rex. Let the King live for ever, and soe I came downe, and was had backe againe to the Tavern, where I to gether with Mr. Wharton, staid a while till one went to the Warden to know what should be done with me, who gaue order wee should be carried back againe to the Fleete, and as I went by land through the streetes, greate store of people stood all along to behold me, and many of them blessed God for enabling me to undergoe my sufferings with such cheerefullnes and courage as I did, for I was mightily filled with the sweete presence of Gods Spirit, which caused me notwitstanding the paines of my sufferings to go along the streets with a joyfull countenance not shewing the least discontentednes, as if I had beene going to take possession of some great treasures.

After J came back to the prison, none were suffered to come at me but the Surgiõ to dresse me, I feeling my self somwhat Fevorish I went to bed, my Surgion doubting the same also, gaue me a Glister, and appointed to come the next morning let me blood, but when he came, he could not be permitted to come at me: nor any else, for the Porter kept the key, and lockt me vp very close: saying the Warden gaue him straight command so to doe. Wherevp on I desired the Surgion to go to Westminster to the Warden certifie him how it was with me, (being very ill) that he might haue liberty to come at me to let me blood and dresse mee, which could not be obtained till the Warden himself came home. About one of the clock John Hawes the Porter came to me, to knowe what I had to say to the warden, to whom I said, Mr. Hawes, this is very cruell harsh dealing, that after so sore whipping my Surgió shal not be admitted to come dresse me; nor any other be suffered to administer to my necessities, having not eaten all this day nor the last evẽing but a little Caudle, I hope the Lords will be more mercifull then after the undergoeing the extremity of my Censure to take my life from me, by letting mee perish for want of looking to, therefore J pray speake to Mr. Warden, that he would be pleased to give leave to my Chirurgion to come dresse me and let mee bloud; otherwise I was in danger of a Feaver, which might take away my life; So he wished me to have written to the Warden; J told him, if he would helpe me to Penne Inke and Paper, so I would. No (said hee) I dare not doe that; Then I desired him to deliver my mind to the Warden by word of mouth; who then went away, and after I was in my bedd, he came to me againe, and said thus unto me: Mr. Lilburne I have one suite to you. What is that, said J? It is this, said he, that you would helpe me to one of those Books that you threw abroad at the Pillary, that I might reade it, for J never read any of them; I speake not for it to doe you any hurt, only I have a great desire to reade on: of them. Sir, I thinke you doe not (said J) but I cannot satisfie your desire, for if I had had more of them; they should yesterday have all gone. J verily beleeve you, said he, and so we parted.

And in a very little while after, came the Warden himselfe with the Porter, and J being in my bedd, hee asked me how J did? Said J, I am well, I blesse my God for it, and am very merry and cheerfull. Well (said hee) you have undone your selfe with speaking what you did yesterday, Sir (said I) I am not sorry for what I said, but am hartely gladd that the Lord gave mee strength and courage to speake what I did, and were I to speake againe, I would speak twice as much as I did, if J could have liberty, though I were immediatly to loose my life after it, wouldst thou so, said he? Ey indeed Sir would I, with the Lords assistãce, said I, for I fear not the face of Man; And concerning what I yesterday spake, J did not in the least manner speake against any of the Lords, but did openly declare, that I did willingly with all contentednes submitt my selfe to their Censure; and as for the Bishops, I said nothing against any of their persons, but only against their callings. Ey, said the Warden, and thou saidst their calling was from the Devill. Yes Sir so I did, said I, and J will prove it, and make it good, or else I wilbe willing to loose my dearest blood; For if you please to reade the 9. 13. chap. of Rev. you shall there finde, that the Beast which ascended out of the bottomlasse Pitt (which is the Pope and Roman State, hath his power and authority given him by the Dragon; (the Devill) So that all the power which the Pope hath and doth exercise, originally comes from the Devill: If you reade also some Bookes lately set forth by the Prelates themselves and their Creatures, you shall there finde, that they claime their jurisdiction, standing, and power from the Pope: Now, if their power and calling be from the Pope, (as they themselves say it is) then it must needs be from the Devill also; For the Popes power and calling is from the Devill; And he cannot give a better power and calling to them then he himselfe hath; and I pray Sir, if the Bishop of Canterbury be offended at that which J spake yesterday, tell him I will seale it with my bloud; And if he please to send for me, I will justifie it to his face, and if I be not able to make it good before any noble man in the K ingdome, let mee loose my life. By, but it had been a great deale better, said he, for thine owne particular good to have beene more sparing of thy speech at that time. No Sir, said I, nothing at all, for my life and bloud is not deare and precious to me, so I may glorifie God, and doe him any service therewith, I assure thee, said he, I was exceedingly chidd about thee; and also there were old businesses rubd up against mee concerning Dr. illegible and Mr. Burton, for that Liberty that they had. Wherefore were you chidd for me, said I? About the Bookes, said he, that you threw abroade, in regard you were close Prisoner, and yet had those Bookes about you; I would aske you one question: Did you bring those Bookes to the Fleete with you or were they since brought to you by any other? I beseech you Sir pardon me for revealing that said I. Then he would have knowne who they were that most resorted to me. I desired I might be excused in that also. By; but you must give me an answer, said hee, for I must certifie the Lords thereof. Then, said I, I pray you tell their Honours, I am unwilling to tell you. What were those Bookes, said he, that you threw abroade, were they all of one sort? Those that have them, said I, can certifie you of that. I my selfe have one of them, said he, and have read it, and I can finde no witin it, there is nothing but railing in it. Sir, said I, J conceive you are mistaken, for the Booke is all full of wit; it is true, this Booke which you lighted on, is not so full of soliditie as other of his Bookes are; but you must understand, that at that time when the Dr. made that Booke, hee was full of heavines and in danger of a great punishment, for the Prelates had breathed out more crueltie against him for writing his Apology; And at that time also he was compassed about on every side with the Pestilence; Therefore he made that Books to make himselfe merrie. But, said he, hee doth not write any thing in it to the purpose against the Bishops callings. Sir, said I, I must confesse, you lighted on the worst of the 3. And it is true, there is not much soliditie and force of argument in it but only mirth; But the other two are as full of soliditie as this is of mirth. What, were they of 3. illegible said he? Yes Sir, that they were, said I. What were the other two called, said he? The one (said I) was his Answer to Sr. John Banks his Information ; The other is an Answer to some Objections that are made against that Booke which you have; But if ever you reade his Latine Bookes, you shall there finde soliditie enough, and the wickednes and unlawfulnes of the Bishops Callings and practises set forth to the full. What Latine Bookes be they, said he? His Flagelluw, for which hee was first Censured, said I. What, hath hee been twice Censured, said he? Yes, said I, he was Censured in the High-Commission Court, for writing his Flagellum; And after that he wrote his Apology; and that little Booke which you have, which were the cause of his Censure in the Starr-Chamber. But hast thou any more of those Bookes, said he? Sir, said I, if I had had 20. of them more, they should all have gone yesterday. But, hast thou any more of them now, said he? Sir, said I, I verily thinke, that if I should tell you, I had not, you would not beleeve me, and therefore if you please, you may search my Chamber. So I must (said he) for the Lords have commaunded me so to doe, therefore open your Trunke. Sir, said I, it is open alreadie. Search it John Hawes, said he. So he search it, and found nothing there. Open the Cubbard, said he. So I gave the Porter the key of my Cubbard, to search it, and he found nothing there but my victuals. Search his pocket said the Warden. Indeed Sir, said I, there is none in them; Yet he searched them, and found as I said. Then he searched all my Chamber over, but found nothing at all. Well Sir, said I, now you can certifie the Lords how you finde things with me; But I pray Sir, must I still be kept close Prisoner? I hope, now the Lords have inflicted their Censure on me, they will not still keepe me close. No, said hee, within a little time you wilbe eased of it; So we tooke our leaves each of other, and hee went away.

And the next day, being Fryday, and a Starr-Chamber-day, J hoped I should have had the Libertie of the Prison; But in stead thereof, newes was brought me at evening, that I must be removed to the Common Gayle, or a worse place, and that J must bee put in Irons. Well, for all this my God enabled me to keep my hold still, and not to let my confidence goe; For (blessed be his name for it) this newes did not in the least manner trouble me.

And upon Saterday morning Iohn Hawes the Porter came with the Woman that looked to mee to my Chamber, to stand by her that none might speake with me till she had made my bedd, and done other things for me; And he told me, hee was sorrie to heare such newes as he did concerning me. VVhat is it, said J ? I heare, said he, that the Lords have ordered, that you must be put into the Wards, and kept close Prisoner there, and lie in irons, and none must be suffered to come at you to bring you any thing; but you must live upon the Poore Mans Box. Sir, that’s verie hard, said J, but the will of my God be done; For mine owne part, it nothing at all troubles me; For I know in whom I have beleeved, and I know, not one Haire of my Head shall fall to the ground without his providence; And I have cast up my account alreadie what it will cost me; Therfore J waigh not any thing that can be inflicted on me; For I knovv, that God, that made Paul and Silas to singe in the Stocks at midnight, will also make me rejoyce in my Chaines; But it is verie much that they willet none com to me, to bring me any thing; it seemes, they wilbe more cruell to me then the verie Heathens and Pagan Romans were to Paul; who when he was in Prison, did never refuse to let any come to him, to administer to his necessities; But I vvaigh it not, for I knovv my God is and vvill be with me, to make me goe through all my afflictions with cheerefulnes, for I feele his power within me so mightily supporting and upholding me, that no condition in this World can make me miserable; And for mine owne part, I doe no more sett by my life and blood in this cause, then J doe a peece of bread when I have newly dyned.

Afterwards the VVoman telling mee shee hoped I should not have so sore a punishment laid on me, but that I might have things brought me from my Freinds, J told her I did not much care how it went with me, for Ieremies Dungeon, or Daniels Denn, or the 3. Childrens Fornace, is as pleasant and welcome to me as a Pallace; For wheresoever I am I shall finde God there, and if I have him, that is enough to me; And for victuals, J told her J did not doubt but that God that fed the Prophet Eliah by a Raven, would preserve me, and fill me to the full by the way of his providence; And if no meate should be brought me, I knew, if they take away my meate, God would take away my stomack; Therefore I wayed not their crueltie; And thereupon uttered to her these 4. Verses:

I doe not feare nor dread the face of any mortall man,

Let him against me bend his povver, and doe the vvorst he can,

For my vvhole trust, strength, confidence, My hope, and all my aide

Is in the Lord IEHOUAHS, fence, vvhich Heaven and Earth hath made.

The rest that I intended by the strength of my God to have spoken (if J had not beene prevented by the Gag ) I now forbeare to set downe, in regard I heare J am to come into the Feild againe to fight a second battell, unto which time I reserve it, if the Lord so order it that I may have Libertie to speake; I doubt not but by the might and power of my God, in whom I rest and trust, valiantly to display the weapons of a good Souldier of Iesus Christ; Come life, come death; And in the meane time to what I have here said and written, I set to my name, by me JOHN LILBVRN, being written with part of my owne bloud; The rest of which by the Lords assistance I will willingly shed, if hee call for it, in the maintaining of his Truth and Glory; and that which I have here said and written by me

IOHN LILBURNE.

My verses are to follovv here.

I Doe not ( a ) feare the face nor power of any mortall man,

Though he against me rise, to doe the worst he can,

Because my ( b ) trust, my hope my strength, my confidence and aide’

Is in the Lord Iebovahs power, both now and ever staide.

Therefore my soule shall never cease, Triumphantly to sing,

Thou art my Fort, ( c ) my sure defence, my Saviour and my King,

For in my ( d ) strayts and trials all, thou well with me hast delt,

Thy mercies and ( e ) upbearing hand, most sweetly I have selt.

Thou hast in my ( f ) distrelles great, my stripes and bitter smart

So held my soule as from thy truth, I never once did starr.

But to thy truth with cheerfulnesse, and courage have I stood,

Though tortur’d for it were my slesh, and lost my dearest blood,

When from Fleet-bridg to Westminster, at C arts Arsse I was whipt,

Then thou with joy my soule ( g ) upheldst, so that I never wept.

L ikewise when I on Pillary, in Pallace-yeard did stand,

Then by thy helpe against my soes, J had the upper-hand,

For openly I to their face, did there truely declare,

That from the Pope our Prelates all, descended still they are,

And that I might for what I said, make confirmation;

J nam’d Chapters the 9. and 13. of Revelation.

Likewise I then did fearelesly, unto the people shew

That what Pocklington hath writ, is sound now very illegible

Namely, that rhey com lineally, from ( h ) Antichrist his Chaire,

Even to him that now doth raigne, the great Arch-Bishop here.

All which I did on Pillary, there offer to make good,

Or else I would loose willingly, my best and dearest blood;

Moreover there to Gods people, I did most plainly shew

That we have been, and so are still, rul’d by a Popish crew;

Therefore against them valiantly, we must ( i ) fight in the illegible

And to their Lawes at any hand, not ever once to yeild,

But from their ( k ) Yoake without delay, we must our neckes outdraw;

If that we will true Subjects bee, unto our Saviours L aw; ( l )

Therefore my Freinds, it that you will, Christ Iesus here ( m ) enjoy,

Withdraw your selves from these vile men, and every Popish toy,

And ( n ) naked Christ be willing still, and ready to embrace;

Though for the same you suffer shame, and wicked mens ( o ) illegible

B ecause in him is more content, more full and ( p ) sweeter blesse

Then can be sound in any ( q ) thing; that in the world now illegible

And this I have by ( r ) triall sound, what illegible illegible illegible

That to the comforts of our God, the Earthly nothing are,

And he that will not ( s ) quite denie, all things for Iesus sake,

The joyes of Christ he neither heare, nor ( t ) after shall partake;

Therefore my freinds if you, your Soules, will Reallie preserve,

( v ) Reject their A ntichristian L awes, and from C hrist never swerve,

Because the Lord hath said on those, his ( x ) wrath shall surely come,

His sorestire, his greatest stroakes, his deepest plagues and doome,

That doe on hand or head receive, the Hell-marke of the Houre,

Or doe the Beast and his image, not cease for to adore

Thus and much more on Pillarie, there openlie I saide,

Till at the last my mouth was gagd, and by them baselie staide;

And threatened there once againe, that my backe should be wipt,

If that my tongue but one word more, against Romes Preists let illegible

Thus with a straight Gagg in my mouth, about an houre stood I,

Having my God to comfort mee, in all my miserie;

And having stood a long time there, J was at length downe brought,

Most sweetly cheered with ( y ) his blood, that had my poore soul bought;

And when I was come downe, J cheerefully did lay,

I am more then a Conquerer, ( z ) through Christ that is my stay.

Hallelujah, ( a ) all blessing, glorie, honour, laud and praise,

Be rendered to thee my God, of mee ( b ) and thine alwaies,

For though that I was in my selfe, a Creature poore and ( c ) weake,

Yet was J made through thy great strength, with boldnes for to speake

It was ( d ) thou Lord, that didst uphold, with mercie and thy grace,

My feeble ( e ) flesh so that I did, rejoyce in my disgrace,

Thou fildst my soule so full of joy, and inward feeling peace

As that my tongue thy praile to tell, no time shall ever cease,

And now, O Lord, keepe thou my ( g ) soule, most humblie I thee pray,

That from thy just ( h ) Commandements, I never runne a stray,

But unto thee, and to thy Truth, my heart may still be salt,

And not offend in any ( i ) thing, so long as life doth last,

And as thou hast in mee ( j ) begunne, the saving worke of grace,

So grant, that I thy poore servant, may still therein increase,

And when I shall lay downe this House, of fraile mortalitie,

Then let thy Angels bring my soule, sweet Iesus unto thee.

These Verses were my Meditation the next day, after the Executio of my Censure; after the Warden of the Fleet had been with me; from the Lords of the Counsell; and had soarched my Chamber, it being after noone, and I being not well, writ them in my bedd.

By me JOHN LILBVRNE.

FINIS.

4.: [William Walwyn], A New Petition of the Papists (September, 1641).

A NEW PETITION OF THE PAPISTS.

Printed in the Yeare 1641.

THE HUMBLE PETITION OF THE AFFLICTED BRETHREN.

Humbly shewing, That whereas there are so many different Religions now professed in England; as your Honours well know, and that with griefe no doubt, casting your eyes upon the great confusion that thereby ariseth in the common wealth; every one hoping and expecting that theirs alone shall be received and established by this present and powefull high Court of Parliament and all others to bee cast forth abolished and prosecuted, which certainely would cause (if it be once Decreed) a farre greater confusion and discontentment.

For the timely prevention of which danger many hold it necessarie, and humbly desire, that you would take it into your deepe considerations and profound Judgements, whether it were not more convenient for this State, and more gratefull to the subjects to tollerate all professions whatsoever, every one being left to use his owne conscience, none to be punished or persecuted for it.

There is no man that professeth a Religion, but is in conscience perswaded that to be the best wherein to save his soule, can give no doubt some reason, yea, and alleage some authority out of the word of God for it, which is an argument that not his will, but his Judgement is convinced, and therefore holds it unreasonable, to be forced to follow other mens Judgements and not his owne in a matter of so great importance as that of his salvation is, which is the onely marke his tender soule aymes at in his Religion, and for which hee reades the word daily, and hourely sucking from thence sweet and holy Doctrines as Bees doe honey from sweet flowers in the Spring time.

It may be objected that this Tolleration would breede a greater confusion, but wee which know wee have the Spirit, beleeve the contrary; for the establishing of onely one, and suppressing all others, will breede, in all a generall discontent, jarring, rayling, libelling, and consequently must needs follow a mighty confusion, where contrarywise, if all were permitted, all would bee pleased all in peace, and their obligation and love would be farre greater to the King and State for so great a benefit as the freedome of conscience, which to all men is the most gratefull thing in the world, more for the better maintaining of peace with each other, differring in Religion, how easie a matter it were considering the good natures and sweet dispositions of our English nation, who willingly would embrace a law enacted to that effect that were upon some penaltie to be imposed, should affront or upbraid the other for his Religion. This in divers well governed Countries is permitted, as Holland, Germanie, France, and Polonia, c. where though their Religion be as opposite as Heaven to Hell, yet their concord is so great, that they say with the Prophet David, behold how good and pleasant a thing it is for Brethren to dwell together, Psal. 132.

If therefore the Brownists upon scruple of their tender conscience, and grounded upon the word, will separate themselves, and not go to the Church with Protestants, let them alone, give them free leave to exercise their Religion where they please without disturbance, the place where doth not import, they not daring to adde or diminish any thing in the written word.

If the Puritants will not use the Service Booke, Corner Cap, Surplesse, or Altar, nor bow at the name of Jesus, their pure hearts esteeming it Idolatrie, let them alone, they are great readers of Gods booke, and if they bee in errour, they will sooner finde it, having liberty of conscience, then being oppressed with the Tyranny of the High Commission Court or other kindes of persecutions which disquiet their consciences and troubles their patience.

If the Socinians will not subscribe to the 39. Articles nor credit more then by Naturall force of their best witts they can reach unto, let them alone, they professe that if any man can give them a better reason, or confute them by the word, they are ready every hower to change their opinions, of such soft and pliable natures they are.

If the Arminians will have Bishops, Altars, Lights, Organs, hold Free-will, merit of good workes, and divers other points with Papists, though as yet no sacrifice with them, upon their Altars, let them alone, let them use their ceremonies without sacrifice, let every spirit praise the Lord, Psal. 150.

If the Papists will have Altars, Priests, Sacrifice and ceremonies, and the Pope for their supreame head in Spirituall affaires, seeing they affirme so confidently they have had these Sixteene hundred and odde yeares, let them alone with their pretended prescription, and let every Religion take what Spirituall head they please, for so they will, whether wee will or no, but the matter imports not, so they obey the King as temporall head, and humbly submit to the State and civill Lawes, and live quietly together.

Let the Adamits Preach in vaults caves as naked as their nailes, and starve themselves with cold, they thinke themselves as innocent as Adam and Eve were in their nakednesse before their fall, let them therefore alone till some innocent Eve bee so curious as to eate forbidden fruit, and then they will all make themselves aprons of figge leaves perceiving their nakednesse.

Let the Family of Love meete together in their sweet perfum’d Chambers, giving each other the sweet kisse of peace; great pitty it were to hinder their mutuall charity; let them alone: Lastly the same wee desire for all professors of the Gospel, Let every one abound in his owne sence, Rom. 14.

Now were this freedome permitted, there would not bee so many idle scandalous pamphlets daily cast abroad to the great vexation of each other, trouble to the whole Realme, every one labouring to preferre his owne Religion.

A Tolleration therefore would hinder all this strife and discontentment, but if oppressed with persecution they will cry out of the word of God, We will render to Caesar, the things that are due to Caesar, and to God that which is due to God, Marke 12. If Tollerated, more promptly will they obey the King and State, if troubled or molested, they will cry, Wee must obey God rather then men, Acts 5. and so remaine discontented and afflicted in spirit.

Neither doth a Tolleration seeme dissonant, but rather concordant with the Doctrine of the most learned Protestants: First the Primate of Ireland Doctor Usher, in a Sermon before King James at Wansted 1624 admittes all Christians into the Church of what Religion soever, good soule! hee will have none persecuted, his tender heart drawes all to Heaven, Muscovites, Grecians, Ethiopians, all reformed Churches even from Constantinople, to the East Indies, none! none by him are excluded from Paradise, as you may reade in the 10. and 11. page of his aforecited sermon, his pitifull heart cannot passe such a bloody sentence upon so many poore soules; nay hee will pull in the very Jewes and Papists, for the Ethiopians though they baptize with us, yet they circumcise also both male and female, and in all other things joyne hands with the Pope, as in the confession of their faith sent to Gregory the 13. is manifest, this learned Doctor being so gracious and mercifully pittifull, how can wee Imagine that your clemencies will persecute those in earth which are esteemed worthy of Heaven. Master Hooker in his five bookes of Ecclesiasticall policy, page 138. affirmes the Church of Rome to be part of the house of God, a limbe of the visible Church of Christ, and page 130. he saith, we gladly acknowledge them to bee of the family of Jesus Christ: now if the family of the Roman Church bee of the family of Jesus Christ, then I hope you will not deny other professors of the Gospel to be of the family of Christ, if they be of the family of God, others are not of the family of the Divell, no, all servants of Christ, brethren of Christ, all according to Doctor Ushers doctrine shall bee saved: why then should any bee persecuted, shall the servants of the same family persecute their fellow servants, this must needes bee greatly displeasing to the Master of the family, let therefore none of the servants of the familie bee persecuted for the love and honour you beare to the Lord and Master.

Seeing therefore in the opinions of these and divers other learned Protestant Doctors which you know well, the Papists may be saved, and as Doctor Some saith, in his defence against Master Penrie. Page 164. 182. and 176. that it is absurd to thinke the contrary yee will without question thinke it more absurd to hold either professors damned, then it followes that it is most absurd to persecute any whose names are written in the book of life, never to bee blotted out, if they persevere and live the life of the righteous.

Let every one therefore follow his owne Religion so hee bee obedient to the State and temporall lawes certainely, that which is erroneous will in time appeare, and the professors of it will bee ashamed, it will perish and wither as a flower, vanish as smoake, and passe as a shadow.

The Apostles of Christ preaching (Acts. the 5.) the Jewes hearing these things it cut them to the heart, and they consulted to kill them; but as the same Chapter relates verse 34. one of the counsell rising up, a Pharisee called Gammaliell, a Doctor of the Law honorable to the people commanded the men to bee put forth a while, and then he said to them, you men of Israel what meane you to your selves for before these dayes there rose Theodus, saying he was some body, to whom consented a number of men, above 400. who was slaine, and all that beleived him were dispersed, and brought to nothing. After this fellow there rose Judas of Galilee, and drew away the people after him who were dispersed.

And therefore I say to you, depart from these men, and let them alone, for if this councell or worke be of men, it will be dissolved, but if it be of God, you are not able to dissolve them, least perhaps you bee found to resist God also. And they consented to him, here is a president, here is an example even from the Scripture it selfe, follow it wee beseech you, give your consents, agree, vote it, that every man may have freedome of conscience, let them alone; you desire nothing but the truth by this freedome and connivency truth will at last appeare, that which is of men will be dissolved, that which is of God will continue and remaine for ever, now many men are wavering what to follow, what to embrace, neither will they bee contented with any thing that shall bee established by Act of Parliament, were it never so good, onely freedome will in time cause the truth to shine upon them.

The matter therefore of so great importance and consequence, we prostrate; leaving to your honours profound and deepe Judgements, humbly requesting and imploring againe and againe, that for the quiet of the state, for the comfort of the subject, and for the love of truth, you cause and proclaime a tolleration, that for Religion none shall bee persecuted, but every one shall freely enjoy his conscience.

This is every mans case, this would bring Joy to all, discontent to none; this would breede the hartiest love, loyalty and affection to our dread Soveraigne, our gratious King, this would cause all dutifull and loving respects to you, right honorable and noble Peeres of the upper House of Parliament, and no lesse to the most noble Knights, Citizens and Burgesses of the Honorable House of Commons, the carefull watchfull, and painefull laborers, and endeavourers in this, behalfe for the good of the Common wealth, and the comfort of afflicted soules and consciences, grant therefore this Petition, and for ever you will eternize your names.

And so praying to the Lord that hee would endue your hearts with the spirit of true wisedome and clemency towards your poore servants and brethren in the Lord, and grant their humble petition, we cease.

FINIS

5.: Robert Greville, Lord Brooke A Discourse opening the Nature of that Episcopacie (November, 1641).

A DISCOURSE OPENING THE NATURE OF THAT EPISCOPACIE, WHICH IS EXERCISED IN ENGLAND.

Wherein, With all Humility, are represented some Considerations tending to the much-desired Peace, and long expected Reformation, of This our Mother Church.

The Second Edition, Corrected and Enlarged.

By the Right Honourable ROBERT LORD BROOKE.

LONDON, Printed by R.C. for Samuel Cartwright, and are to be sold at the signe of the Hand and Bible in Ducke-Lane. 1642.

TO THE MOST NOBLE LORDS, WITH THE HONORABLE KNIGHTS, CITIZENS, AND BURGESSES, Now assembled in Parliament.

IN Epistles Dedicatory, sometimes men render an account to the world, by what Principles they were Led to such a worke Sometimes they maintaine and strengthen, what they have done, by New Arguments. Sometimes times ad captandam Benevolentiam, they present their whole Designe, in a briefe Epitomy, that so they may invite the Reader. But I shall doe None of These.

The first I need not: For if the Ten Kings must hate the Whore, Eate her flesh, and Burne her with her fire; Will not every good Christian offer himselfe a ready Servant to This Worke, a Willing Souldier under this Standard?

The Second, I cannot; without questioning my owne Diligence, or (which is worse) my Readers Gentlenesse: Either of which every Writer carefully shunneth.

The third I will not, lest I be injurious to my selfe: For, Humane Nature is ever Novorum avida; and the Soule of vast comprehension; the Booke therefore would seeme but Crambe bis cocta, to All that read the Epistle; and but create a nausea to Those that had already gathered all, by viewing the Breviate.

If it be the Glory of a King’s Daughter to be clothed in Needle-worke; surely This poore Birth will need more then Figleaves, to make it Beautifull. When it is Cloathed with its Best Robes, It will not be worthy to appeare in so Great a Presence. How much lesse then, when presented only in a bare and naked Sceleton?

The Worke then of These Lines, is to lay prostrate at Your Feet (most Noble Lords, and Gentlemen) the Retirements of Your Humble Servant in the Last Recesse.

If You shall aske mee, how I dare take the boldnesse to interrupt Your more serious Thoughts, with These Things of Little Worth: All I shall plead for my selfe is but This, the bow must be sometimes unbent; and if then This Pamphlet may be called for, it is all I aspire to. For, Your Protection, and Your Patronage, not Your Trouble, is My Request: Of which being no whit Doubtfull; with all Humility commending This to Your Noble Favour; Your selves and Counsels to the Almighty; I crave leave for ever to remaine

Your most obliged and devoted Servant

Robert Brooke.

The Contents of the Sections, and Chapters, in the following Discourse.

Section. I. Sheweth, What is that Episcopacy that is fought against; and how incongruous it is to State-policy.

Chap. I THe Subject Stated, Not a Bishops Name, but Office Opposed: nor Office in generall, but Such. Such a Bishop repugnant to State-Policie; Antiquity; Scripture. The Method propounded for the first Section, containing Arguments drawne from State-Policie. fol. 1.

Chap. II. Of Our Bishops Birth; how unsuitable to his Office: how Hurtfull to Himselfe and Others: How incongruous to State-Policie. 3

III. A Bishops Breeding not fit for his Calling: against Rules of Policie. Some Objections answered. 5

IV. Of Our Bishops Election; whether suitable to State-Policie. Of his Office: Principles, or Maximes, by which hee governeth: and Practice according to Those Principles. 10

V. Of the Nature of Indifference; what it is: and in what it hath place: whether in Re, or onely in Appearance to our Understandings. 17

VI. Where the Power of Indifferent Things seemes to be fixed: whether in the Church, or not: or if in the Church, How farre. Of the Churches Deciding Commanding Power. Of Doubts, and how we must deport our selves under Doubts. 27

VII. Of the Consequents to a Bishops Office. His Relations Upward and Dependances. Of his Vote in Parliament. Relations Downward: How repugnant to State Policie. 32

VIII. What Good our Bishops can do to the State, is examined. whether they have beene, or can he, friends to Monarchy, or Civill Government. 38

IX. How suitable such Episcopacie can be to Monarchy, is farther considered. Whether the Best forme of Church Government be Monarchicall. Whether other Formes may not well stand with Civill Monarchy. How Church and State Government differ and agree. 44

X. Who it is that opposeth, and exalteth himselfe above all that is called God. Who is properly a Papist: and what is Popery: Why the Pope is most properly Antichrist: How such Episcopacy differs, or agrees with Popery. 49

Section II. Considereth how Consonant such Episcopacy is either to sound Antiquity or Scripture.

Chap. I. Some Antiquities produced by a late most Learned and Reverend Patron of Episcopacie, are discussed. 65

II. Our Bishops Election, Delegation, c. Examined by Antiquity. 69

III. Of Ordination, whether proper onely to Bishops: or equally committed to all Presbyters: discussed by Ancient Authorities. 72

IV. Of the Name and Office of a Bishop in Scripture. How little, or how much the Scripture makes for, or against Bishops, Diverse Texts are discussed. 74

V. What forme of Church Government seemes most consonant to Scripture. Whether Monarchicall, Aristocraticall, or Democraticall. 79

VI. Of the consequents that may possibly follow the change of Church Government. Of the great danger of Schismes, Sects and Heresies. Of One new Sect to come in the Last Dayes. Whether Bishops can keepe the Church from Schismes, Sects, c. What is, or who are the Cause of most Schismes among us. 84

VII. The danger of Schismes and Sects more fully discuss’d: the Nature and Danger of Anabaptisme, Separatisme, and Unlicensed Preaching. The conclusion, with an affectionate desire of peace and union. 95

ERRATA.

PAge 6. line to for our r. their, p. 73. l. 39. for Prebyter, r. Presbyter, p. 87. l. 13. for though r, though, P. 97. l. 22. for letting r. setting.

A DISCOVRSE OPENING THE NATVRE OF THAT EPJSCOPACY WHICH IS EXERCISED IN ENGLAND:

Wherein with all humility, are represented some Considerations tending to the much-desired Peace, and long expected Reformation, of this our Mother Church.

SECT. I.: Sheweth, what is that Episcopacy that is fought against; and how incongruous it is to State-Policy.

CHAP. I.

The Subject Stated. Not a Bishops Name, but Office Opposed: nor Office in generall, but Such. Such a Bishop repugnant to State-Policie; Antiquity, Scripture. The Method propounded for the first Section, containing Arguments drawne from State-Policie.

IAyme not at Words, but Things; not loving to fight with Shadowes. It is not the Looke, much lesse the Name of a Bishop that I feare, or quarrell with; it is his Nature, his Office, that displeaseth me.

Nor yet his Nature, or Office in Generall; but illegible and so cloathed, or rather veiled, with such and such adjuncts.

1. For to me the Word Bishop signifies, either one that is to Preach, Administer the Sacraments, Exhort, Reprove, Convince, Excommunicate, c. not onely in some one distinct Congregation, his owne Parish; but in many, severall Congregations crowded up together in one strange (and, for long, unknowne) word, a Diocesse.

2. Or one who hath to all this added, not onely the name of a Civill Lord, (with which bare name or shadow, I fight not) but also a vast, unweldy (I had almost said unlimited) Power in Civill Government; which must needs draw on a mighty Traine, and cloath it selfe with glorious Robes of long extended and magnifique stiles, scarce to be marshall’d by a better Herauld than Elihu, who could give no Titles.

3. Or in the last place, (which should be first) a true faithfull Overseer, that, over one single Congregation, hath a joynt care with the Elders, Deacons, and rest of the Assembly, who are all fellow-helpers, yea servants each to others faith.

This last is a Bishop, of the first Institution; of Christs allowance; setled in divers Churches, even in the Apostles times.

The first is of the second Century, when Doctrine, Discipline, all Religion, began to waine. For even then Mysterious Antichrist was not onely conceived, but began to quicken.

The second rose last, (though first intended by the Churches Enemy.) Rising up while the world was busie, looking all one way; as amaz’d at the new Beast, successour to the Dragon.

This is now our Adversary; One monstrously compounded, of different, yea opposite Offices; and those the greatest, both Ecclesiasticall and Civill: for which he seemes no way able, no way fit; and that for many reasons, which may bee brought from Scripture, Church-Antiquity, State-Policy.

I shall beginne with the last, (as that I now ayme at most.) Here let us view our Bishop a while as a private man, before his Office. Next as a Lord over Church and State, in his Office. Then with some necessary Consequents to his Office; as now it is exercised in this Kingdome. Thus shall we quickely judge how sutable to true Policy of State, are either the Antecedents, Concomitants, or Consequents, of this too officious, two-headed Bishop.

Antecedents to his Office, are his Birth, Education, Election, Ordination, c.

Concomitants, (or rather Ingredients ) we may call, that almost illimited power, both Intensive, in sole Ordination; Jurisdiction ( Directive; by Injunctions, Canons, c. Corrective, by Excommunication, Suspension, Deprivation, c.) As also Extensive, over so vast a Diocesse.

Hither also we may referre his power Juridicall or Legislative, in Parliament; Judiciall in many great, yea Civill Tribunals. And (of all monsters most ugly) his power Delegative: then which this sunne hath seene nothing more monstrous, at least as of late it hath beene exercis’d.

By Consequents I meane his Relations, (acquired by his office) both Upward, to his Soveraigne, Creator, Benefactors; as Downward, to his owne family, Creatures, and hang-by Dependants.

CHAP. II.

Of our Bishops Birth, how unsutable to his Office: how Hurtfull to Himselfe and Others: How incongruous to State-Policie.

LEt us begin with Antecedents; in them the first. Which we shall finde very unsutable to his after acquired office. For the most part he is Ex fæce plebis; humi-serpent; of the lowest of the people (an old complaint.) Now for such a low borne man, to be exalted high, so high, and that not gradatim, step by step, but per saltum, all at once, as oft it is (in one of few, or no Schoole Degrees; which yet indeed at best are scarce degrees to the Civill honour of a Peere;) must needes make as great a Chasme in Politiques, as such leapes use to doe in Naturals.

A great Evill must it be, and that both in himselfe, and to himselfe from others.

In others eye, his honour will be the object, not so much perhaps of envy, as scorne: while every man of lowest worth, will still value himselfe at as high a rate, and still conceive he wanted not the vermous desert, but fortunate reward, a Bishop had. Now every Action will from hence displease, sith unexpected, sudden happinesse, is oft times fault enough.

Now that fitting deportment, which may but expresse the just dignity of his place, and answer the majesty of his high calling, shall be esteem’d but pride, insolence, and at best but affectation. And from some such displeasing action, or gesture, (though but surmis’d on some groundlesse fancy) oft his very person comes to be distasted: and then adieu all effectuall good, which his words or actions, else, might soone effect.

Sure the chiefe Dominion of Gospell Ministers should be in That, the Lord and master of the Gospell so much requires; My sonne, give me thy heart. If a Minister once come to lose the heart, and affections of his people, he may indeed study some way to force their bodies; but shall scarse ever winne a soule, or save a sinner. Homo duci vult, cogi non potest, man may be led, but cannot be compelled: if you can fasten any force on his whole person, it must be that of Love. For sure the Gospell constraint, is onely that of Love. The love of Christ constraineth. This, and this only is an irresistible Attractive, an uncontroulable constraint. Thus is the Minister, the Bishop hurt, in regard of Others.

In regard of Himselfe: sudden great changes are dangerous in Nature: the skilfull Grasier, the expert Gardiner, will not translate from barren to an over-fruitfull soile; for this suffocates the Spirits, and destroyes the Plant. The sudden unexpected newes of a sonnes life, (which was reported dead) was the death of the Parent, as we read in Roman Histories.

High places cause a swimming in the braine: your Faulkners seele a Pigeons eye, (when they would have her so are high) to prevent a vertigo. I conceive from this Reason, and mainely from this, it was the good pleasure of the Spirit, that under the Law, when the Church had an influence into state-affaires, the High Priest should be chosen out of one eminent family, of the stocke of Levi: and some of the Kings of Israel are reproved by God, for that they chose their Priests out of the meanest of the people. He that is to goe in and out before the people, and is their guide, must be without blemish.

Those Horses which are designed to a losty Ayre, and generous manage, must be of a Noble race. Non bene conveniunt, nec in una sede morantur, Majestas Origo plebeia, Majesty, and a Base Originall, doe not well suite; neither can they dwell together: The Vapours which by the Sun are raised to a great height, even to the second Region, being of so meane a Progeny, are but the matter of haile, snow, raine, storme, and tempest, which by Historians are observ’d to be the frequent Prognostickes, or at least companions of Wars, and confusions.

CHAP. III.

A Bishops Breeding not fit for his Calling: against Rules df Policy. Some Objections answered.

But some will say, this defect (in Birth ) may be repaired in Breeding, else we shut the doores of hope, (and by Consequence of Industry ) to Cicero, Marius, and such other Worthies; who though but of a low Pedegree, may advance themselves even to the Helme, and there approve themselves men admirable, in the way of Government.

’Tis true, Art oft-times helpeth Nature: some men of small beginnings, by their vertues have deserved for a Motto, and Impreso, the Poets words,—— Et que non fecimus ipsi,

Vixea nostra vow ———

That which is not of our owne doing, we can scarce call our owne. But when was this seene in a Bishop?

Let us therefore in the next place, examine their Breeding; and see whether in probability, that be not as disadvantagious to their Office, as their Birth.

Our Education, if we intend service in way of Civill Policie) must be in converse with those who are therein Arts Masters: or in reading their writings: or lastly, and mainely, in an happy use of both. Neither of the two former, hardly both together, can make us so expert, as Practice. Scribendo discimus scribere. Long, Active, costly, and dangerous Observations, are the onely way to make a wise States-man.

Now when these Gentlemen, I meane, the most refined wits amongst them, (for others come not within our question;) designe the Ministeriall Function, they either lay aside Divinity, and so God is displeased: or else they labour seriously in the more spirituall pathes; and then the Common Weale is by them deserted. For, these two (so different) studies cannot goe forward pari passu, with equall progresse. A Minister cannot serve God and Mammon.

I know other men thinke otherwise, (of these Studies) but I conceive the case is cleare: For sure the complaints of good men, Canons and Acts of Councels, (forbidding Ministers to meddle in State affaires) and the Answers of our owne breasts prove this truth more then sufficiently.

You shal have St. Austin (in his 81. Epist. ) complaining that worldly affaires distracted his thoughts from his calling: and St. Cyprian apprehends, those great persecutions were but just consequences of the Clergies guilt in this kinde. Gregory. the great was much troubled to feele himselfe under that load.

Secondly, Canons and Councels discover their judgements fully in this point; so Can. 6. 8. and 83. of the Apostles, Councels also doe the same; Con. Carthag. Can. 16. Conc. Calced. Can. 3. and thus still they did while Canons and Councels did at all study the advancement of Christs Kingdome.

I confesse of later times, Ministers (like Water-men) have looked one way, and row’d another; so that perhaps now you may finde Canons of another straine.

But thirdly, (which may answer all Objections) let every good Minister examine but his owne breast, his owne heart; and then let him speake.

I am sure, to those who maintaine such Prelaticall Bishops, this absurdity will follow; that to one man the whole power may be given, both in Civilibus, Ecclesiasticis: a Thing, which God thought Christ one’y fit for; and so on His shoulders only, did he place the Worlds Government.

Object. Yet some will perhaps affirme, Both these compatible, and this by example from Gods owne Injunctions, to some of the Ministers, under the Law, in the Jewish Policy.

Answ. 1. But I answer, first, There are Two maine things in which our Ministery, and the Jewes (of old) doe differ.

First, all their solemne externall worship, (at least most part of it) lay in Bodily Worke, in such things wherein the mind and braine was but little exercised; as in offering Sacrifice, burning Incense, divers washings, c.

Secondly, That which made their members uncapable of comming into their assemblies, was outward uncleannesse, (as touching of a dead body, Leprosie, want of Legall washings, c.) and from hence their Ministeriall watch (one of the greatest workes) became as Easy, as Outward and Visible; so that even of the inferiour Levites, were made Porters; and to these, the Office of restraining unmeet persons, from their Congregation, did belong.

But, now, the Work of our Ministers under Christ, differeth toto Cælo; and that both in publique and private.

In publique, it is Preaching, Expounding, Catechising, c. which require mighty workings of the braine, and inward man: specially sith these must be done with Majesty and Authority; ( Let no man despise thy youth ) and yet with all sweetnesse and gentlenesse, ( for a Bishop must not be fierce. )

In private, his Worke is to compose differences, (that they breake not out into publique) to visit the sicke, to comfort the afflicted, (for Who is sicke (saith Paul ) and I am not troubled? who is weake or offended, and I burne not? ) Yea, and many more works of this Nature. And all this, besides the care of his Family, and besides his private study, a worke too great for any man.

If you then consider the quantity, the variety, or spirituality, of the Ministeriall Worke under the Gospell; you cannot but acknowledge it great, very great, and much greater than that of old under the Law. Indeed they dispute sometimes, who have not tryed; but a painfull Preacher still cryeth out, Who is sufficient, who is fit, for these things ?

In the Censures of the Church (though indeed the Keyes be entrusted with others as well as himselfe, yet) by his learning, piety, and prudence, he must steere all: so that he must alwayes be awake. Caveat Dictator nequid detrimenti capiat Respublica, Let the Dictatour take heed, that the Common-wealth sustaine no losse.

Will any man now say, that the Case of a Priest, and a Minister, is all one? for, suppose the Priests of old, did intermeddle with secular affaires, shall any Minister now from this example, (when the calling is so vastly different) take upon him both functions? If he doe, let him take heed he be not as one that hath taken up the Plough of the Kingdome of Heaven, and then doth the worke of the Lord negligently: If so, his judgement will be intolerable.

Ansiv. 2. But, in the second place, I answer confidently, and I hope truely, that these two Offices, or Callings, did not under the Law meete in One, except in some Extraordinary Cases, and persons.

First, the old Patriarchs, I confesse, did exercise Both Functions, in some sense, and in some sense they did not: (I meane as a Calling. ) Abraham indeed swayed the Scepter; but his whole Kingdome was limited to his owne Family; and so he was a King, and no King; for every Master of a Family, must in the like case keepe up Government.

I confesse he offered Sacrifice; but then, when there was no Law, no Priest: and others might have done it as well as He, had they beene so well inclined. Thus he was a Priest, and no Priest; for in his Priestly Office, he did but what every good man would doe; at least might have done: and in his Kingly Office, he was but as a Master of a Family. And so it was in the rest of the Patriarches; so that little can be urged from these examples. To which may also be referr’d, that old instance of Melchisedech; if at least he were a man, and not the Second Person of the Trinity, in mans forme; as Cuneus, Molineus, and many others hold.

Secondly, I find Two Judges that were High-Priests also; Samuel and Ely: but it seemes they were thus, by some expresse, particular, Extraordinary Command: for God saith to Samuel, These have not rejected Thee, but Me: intimating that he had particularly appointed him to judge, as in an Extraordinary Case, which may therefore be no president for Ordinary men, in Ordinary Cases. Samuels speciall calling appeares not onely from his being devoted before his Birth, and strange call of God, after: but most clearely in that he was not (as all the Priests were to be) of Aarons house; as appeares by 1 Sam 1. Compared with 1 Chron. 6. Yea, and Ely too, though of Aaron, yet was not of the eldest sonne; (whose Line by right ought to have had the High-Priesthood) as the Jewes discourse at large; and of late Cloppenburge, in his Excellent Schoole of Sacrifice.

Now Hosea may by speciall Licence take a wife of Adulteries; Abraham Sacrifice his childe; the Jewes borrow Jewels of the Ægyptians, and Phineas doe justice by an extraordinary command or instinct, but we may not follow these presidents.

Some say that inferiour Levites did intermeddle in secular affaires. But I answer, there were Levites of two sorts; out of one sort, Priests were chosen, (out of Aarons Line;) the others were like the Seculars among the Jesuites. And these last did (as the Seculars doe) performe the Civill part of those Religious Services; and nothing else, that I can finde in Scripture or Story.

Lastly, for the High Priests after the Jewith Government was broken in pieces, I hope no body will bring them for a president: there being then no Vision for spirituall things from God, no more Government for Civill things, according to the Rule of God.

Of those times Josephus complaineth, that the Chasmonei had taken upon them the Uniting of Priest-hood and Secular power, in one person; which could not be done, but in extraordinary cases, by Gods speciall command. And thus I suppose they will get but little from Gods injunctions among the Jewes.

Object. But some still will say, Object. that one of these Studies may fit for another. All truthes, Polemicke, positive, whether Politique, Philosophicall, or Theologicall, are of neere consanguinity; and he that is a Gnostique in one, cannot be a meere Tyrunculus in the other.

Ansiv. 1. I confesse did they improve their Studies to the ripening of Reason, and inlarging of their understanding, This might in some sense be true. But they spend their time in Criticall, Cabalisticall, Scepticall, Scholasticall Learning: which fils the head with empty, aeriall, notions; but gives no sound food to the Reasonable part of man. Yea their study is mainly laid out upon bookes, which they prize, and sleight as they please; while they want, Cotem Scientie ingenii, the Whetstone of Learning, and Wit, A Reall Adversary, that by contradiction might raise their Parts, and much inlarge their judgements. Their learning is in Termes, it is but Nominall ; and waters cannot rise higher then their Fountaine.

Ansiv. 2. But allow that they improve their studies to be best; yet this is not enough: For, State Policy is the Daughter of Converse, Observation, Industry, Experience, Practice; and Bookes will never Teach That: but They are but ill Leaders of the Blinde, and what will be the issue in that Case, judge you.

CHAP. IV.

Of our Bishops Election; whether sutable to State-Policie. Of his Office: Principles, or Maximes, by which he governeth: and Practice according to Those Principles.

VVE have seene our Bishops Birth, and Breeding, with all his Studies, and preparations to his Office; to which we have now brought him; onely that his Election, and Ordination Interpose. Of which I might speake much; but because This is the common Theame of all complaints, I shall passe it here; the rather because it may perhaps be better examined by Scripture, and Antiquity, than State-Policie, in which I now am.

Yet by the way I cannot but propose it as worthy of State consideration; how like the inferiour Clergie is to yeeld true Canonicall Obedience, to one (that nescio quo jure, requires it by Oath ) though he be oft forc’d on them against, and never with, their expresse will; which they cannot expresse, having neither positive, nor negative votes in election. Except perchance the whole Clergie of a Diocesse or Province, may be fully represented by a Cloistred Chapiter, among which are usually the very dregges of lowest men. Who yet indeede (themselves) have no Elective votes; but after the solemne dirge of Veni Sancte Spiritus, are as sure to finde the Spirit in a Conge d’ eslire, as others not long since, in the Tridentine Post-mantile.

Certainely, it is to be desired, that Christians would shew as much care and conscience in setting heads over whole Churches, as some Heathen Emperours did in setting Governours over private Townes; which yet they would not doe, till at least free liberty was given to the Citizens complaint and rejection, if not Election, of the party propounded. And this Antoninus learnt from the Jewes, and Christians choyce of Their Church Governours in Those Times, though now Latter ages are growne Wiser. But I must leave this Subject.

We are now come to view our Bishop in his Office. Though we may complaine (as one once of Lewes the 11.) he cannot be fairely limn’d, because still in Motion: which yet in it selfe might be, at least excusable; were he not nimium Diligens, too officious; being made up of Two most inconsistent Offices, the one of Church, the other of State.

His deportment in Both, we may guesse by his Maximes or Rules by which he goes, which once seene, we shall quickly perceive how well he squares his Practise by his Principles: and how consonant both to true Church or State-Policie.

I shall instance but in one or two, for we may know Exungue Leonem, the Lion by his paw. The Climax runs up thus.

First, the Church hath power in all Indifferents.

Secondly, the Church is Judge what is Indifferent:

Thirdly, the Bishops (and their Creatures) are This Church.

If a Prince hath power to Command the persons and estates of his Subjects in case of Necessity, and the same Prince be sole judge of Necessity; it will be no wonder to me, if That People be ever Necessitous.

If the Church have power in Adiaphoris, in Indifferent things, and the same Church be Judge Quid sit Adiaphoron, what is Indifferent; and this Church be the Bishops; I shall not wonder to see those things that are purely Indifferent, made absolutely necessary, to the insupportable burden of all mens consciences.

But some will perhaps say, These Maximes have influence Object. onely into Church Government, and so belong not to the present question of State-Policie.

I confesse, did they confine the pressing of these, within the Ansiv. confines of the Church, they could not so properly belong to the dispute in hand: but they run over; for the Maxime is very large. It is not onely Indifferent things in the Church, but Indifferent things in generall, All Indifferent things; and so they may take in, what they will.

Againe, they doe really set Lawes in State matters, under the notion of Indifferent; so that all the Subjects Liberty, or propriety in goods, They compasse with their Net of Indifferencie; which they make heavie with the plummets of greatest penalties.

Yea, though they medled not at all, with such Things as these, without their Horizon; yet if they make those Things to be Indifferent which are sinfull, (as they doe, I feare) and to These insorce obedience with pretence of Church Policy, They overthrow all Civill Government.

I take such Maximes, to be the very Hinges upon which our Bishops Practice turneth. I shoote not Arrowes of Scorne: For truly I have not in my intentions, either by flouts, or jecres, or by a factious Spirit, to deale with This Adversary. Michael himselfe would not revile the Devill: It much lesse becomes me, so to behave my selfe towards These Men (with whom I treat) among whom I know so many truly Eminent: I desire to speake nothing but Truth. Yea, I should exceedingly rejoyce, if by the Spirit of Meekenesse, men of that Learning, and abilities, (which many of them are) might be reduced to That, which I from my Soule conceive to be truth, and am perswaded will be so acknowledged by Themselves, one day.

If these then be their Tenets, (as I suppose they will confesse them to be) Is there any thing more Unreasonable; more Unbrotherly: more favouring of Selfe, than These Positions?

Unreasonable; For, allow the Church hath all power in Indifferents, (which I dare not yet yeeld, who hath made the Church a Judge (beyond appeale) what is Indifferent ? Is not this, to bring necessary and indifferent things all under one notion, If the Church shall judge indifferent things to be necessary, and necessary to be indifferent? which would to me be a sad story.

But you will say, if the Church be not the Judge of what is Indifferent; who may be That Judge?

I tell you, asking of questions is no answering of difficulties

But secondly, (because I love to deale plainely) I will tell you who shall be Judge: In expounding of Scripture, the, Scripture; but in finding out what is indifferent, Recta Ratio right reason, must be Judge.

But who shall tell us what is Recta Ratio? I answer, Recta Ratio. Will any man, if the Church shall judge That to be indifferent, which is not, say it is indifferent? or that my conscience is bound in this case? Ex. grat. I doe confesse the houre when the Congregation shall meet, is indifferent; if the Church will appoint hereupon Eleven of the Clock at night, and Five in the morning (in this Latitude under which we are) I hope no man will say but that it is ill done of the Church; and that neither my conscience, nor my outward man, is bound further in This, than to a passive obedience; certainely all force upon me, in this case, would be sinne in them.

But they will say, this is a thing in its selfe Unreasonable, Object. and so commeth not into the nature of indifferent thing.

But the Church having such power, Ansiv, as is claimed, who may dispute it?

But secondly, this action must be considered either in the universall nature of it, or else as it is presently to be put in practise. If you value and ballance it in this last sense, nothing is indifferent, no substantiall, nor circumstantiall Being. For we being bound to doe That, which hic nunc, in this particular, and for the present, is best, That which is so with the circumstances, will be our guide, and the Church will have, can have, no power against This.

But if you consider things in the universall nature, (not cloathed with these and these circumstances) then it seemeth to have some Indifferencie; and then, if ever, it is in the Churches power; and yet even then, the Church can goe no further, than what will be according to Reason. For, for a Church to say, I will, because I will, is most Papall, Tyrannicall, and altogether displeasing to Christ: but of This, more in another place.

Thus their Tenets seeme to me very Unreasonable; They will doe more than Adam did: He gave Names to Things according to their Natures; they will give Natures according to their owne fancies.

Secondly, very Unbrotherly; in that they make themselves the Church, excluding all others: in which act, according to their Tenets) they exclude all others from Salvation; for they say, in an ordinary way, there is no Salvation out of the Church; and they in this, admit none into the Church, but themselves.

Moses was, upon a mistake, reproved by the Jewes, in that he made himselfe a Judge, though in that decision he released a Jew. Truly I know not by what authority these Bishops stile themselves the representative Church; for they must doe it either Jure humano, or Divino. By the last we doe not yeeld; That is the Question in hand: by the first they cannot; for where doe the people, either implicitely or explicitely, elect them, and resigne up their power to them?

Is it in their Convocation, that they obtaine this priviledge? That, by the Lawes of this Land, is not at all obligatory till confirmed by Parliament.

Secondly, the people choose not These Convocation men, but the Clergy, and so they cannot represent the whole Church.

Thirdly, the Clergie have no free election, for the Bishop will appoint whom they must choose; and this too Sub pæna anathematis, under the penalty of Excommunication.

The Angels (for the whole Ministery of the Church) in the Revelation, seeme to receive some particular honour from the Spirit; yet not the power of a Representative Body: but Quo jure humano, aut Divino, Twenty sixe men shall challenge to themselves, as proper, That which is not so much as by a figurative right, given to those Angels, I know not. And is not this Unbrotherly, to intrude my selfe, and exclude all others from Their Right?

But lastly it favoureth very much of Selfe. For certainely he that will out-doe the Pope, is growne to a pretty height of pride. Now in the Papacie it is a dispute, whether the Pope alone; or the whole Colledge of Cardinals; or a generall Councell; or the People; or All These; or Some of These, with their joynt forces, may stile themselves the Church. But Our men without dispute, (like the Lion in the Fable) challenge All: of whom the Poet is verified; Ætas patrum, pejor avo, tulit progeniem nequiorem, the Age of our Fathers, being worse than that of our Grandfathers, hath yet brought forth a more wicked progeny. And yet, whoever takes up Errour at the Second hand, will have an ill bargaine, though hee buy it cheap; he will be no gainer. Errour being like the Jerusalem-Artichoake; plant it where you will, it over-runnes the ground and choakes the Heart.

Thus having with the chaines Indifferency bound up the Peoples Liberty; they deale no better with their Prince. Onely Polyphemus -like, they leave Vlysses for the last. For, when the People are devoured, Kings cannot escape. But because Kings are of more prying Spirits, they steale in upon them, with Sugared Baites: such as That of Theirs, No Bishop, No King. But of this more anon.

I might instance in many other of their Maximes, which I conceive very prejudiciall, both to Church, and State-Policy. But I will rather view their Practise, according to These Principles of Indifferency. In this I shall be very short, not meaning to upbraid them with many monstrous miscarriages of late; the rather, because I am confident that God, his Majesty, and The Parliament, will not permit them longer to transgresse in This height.

Onely I cannot but intreat you to observe, how by Their Injunctions, founded on Those Maximes, They have imposed as necessary, many things that are but Indifferent, some things that are Vnlawfull.

First many Things but Indifferent, they have injoyned as necessary. Some to Ministers, as Cassockes, Gownes, Tippets, Hoods, Caps, Canonicall Coats, Blackes, and many other. Some to People, as sitting with their hats off; Standing up at Gloria Patri, the Gospel, and other parts of service. Weighty matters indeed, for Grave, Learned, Holy, Reverend Divines, to spend their time and thoughts upon.

I might perhaps goe a little higher; though I must confesse in some other things (now prest as necessary ) They have had Authority above their owne (though I conceive, none for such rigid imposall;) I meane the Highest, granted by the whole representative State Civill and Ecclesiasticall: which yet (with all duty to that wombe which bare me, and Those Breasts That gave me suck) hath thought some things indifferent, which I could scarce ever apprehend such: at least as of late they have beene enjoyned on greatest penalties. It hath oft made my soule bleed, to see the greatest sinnes daily committed, without more than a paper check, (that I may not say countenanced) while thousands must sigh in private, with losse of eares, goods, estates, livings, liberty, all; onely for refusall of Those things, that at best can be but Indifferent.

But however these things may be in themselves: sure I am, our Bishops have pressed them not onely beyond the Lawes intention, but also much against the meaning of those good men; who in the first Reformation, did (though perhaps erroneously) what Christ once lawfully permitted, in almost the same case; allowing a convenient Time for Buriall of those Ceremonies, which yet appeared not Mortiferæ, deadly, though Mortuæ, dead.

Yea and some things unlawfull, by their owne power They have forced upon Minister and People under the maske of Indifferent.

On the Ministers, the Reading of the Booke of Sports, (first invented by themselves) that monstrous and prodigious late Oath, with divers new Canons, not enjoyned by Parliament, or any other Legall authority. I might adde their bare bidding forme of Prayer, Second Service at the Altar, (though it could not be heard) an illegall Oath of Canonicall Obedience, (blind devotion) and a new forme of subscription before Degrees, Orders, Institutions, c.

On Them and the People, placing the Communion Table Altar-wise; Railing it in; Bowing to it; Receiving at it, c. For I will now passe over their most unchristian Oath Ex Officio, (fouler than the foulest dregges of that cruell Inquisition ) at one blow cutting asunder all the nerves, not onely of positive, but morall, naturall Lawes; all which (being tender of the least graine of mans liberty) have entrusted us with this Universall maxime, Nemo tenetur se prodere, No man is bound to betray himselfe.

Thus it is manifest, their Practice is according to their Principles, towards the People. And they have no lesse incroacht upon the Crowne.

Doe they not affirme, that in Civill Government, Democracie, Aristocracie, Monarchy, are all lawfull: and that of These, severall people may (at first) chuse which they please. But for Episcopacy, ’tis still with them, onely Jure Divino: in which they seeme to affirme Themselves to stand upon a surer Rocke than Kings. In This they erre against much light, (I feare) But, God forgive them.

CHAP. V.

Of the Nature of Indifference; what it is: and in what it hath place: whether in Ré, or onely in Appearance to our Understandings.

But that we may no longer be impos’d upon, by This principle of Indifference, give mee leave to discover my thoughts in these two particulars.

First, What is Indifferent.

Secondly, Where the Power of Indifference is fixt.

Some call those things Indifferent which are neither forbidden, nor commanded: but here they tell us onely what ’tis not, and Negatives make no Definition.

Those also who affirme that to be Indifferent, which may, or may not be done, leave us as much to seeke, as the former.

I must intreat the Reader to remember, that we are now upon Morall beings: where the Two maine Ingredients, Matter, and Forme, can be but Metaphysically Notionall, and therefore it will be hard to give an exact Definition: Seeing even in Naturals (whose matter occurrit sensibus, is subject to sense) ’tis difficult enough.

Before I assay to give the nature of it in a Definition, give me leave to present you with some kinde of Etymology.

In the word Indifferent, the preposition In, is (They say) purely negative, though in other compounds (as incipere, inflammare, incitare, influere, c.) it beareth another sense, which they call augmentative. But in the word Indifferent, it must deny a Difference, as much as non differens.

But under favour of our learned Critickes, I doe not conceive that particle, in This place wholly negative. Nor can I thinke Caninius, Martinius, or other good Grammarians (when they call this preposition privative ) intend to make it wholly negative: but to my eye, to my sense; in such, and such circumstances.

When a man is said to be Imprudens, incautus, or the like; we may not judge Him altogether sine prudentia, sine cautela: for Animal Rationale cannot be quite devoid of these. And therefore if we take Imprudens (in this proposition; Hic bomo est imprudens ) in a pure negative sense, the Predicate is destructive to the Subject. So that I dare not thinke our Ancesters and learned men would give Epithets, or make Compositions contrary to all reason.

Such Propositions are then thus farre Negative, as by way of figure, to deny any caution, any prudence, whereas indeed they must allow both; except in such or such a particular, such or such a sense.

Such doubtlesse is the sense of this Preposition, in the word Indifferent: not purely Non differens, but in such, or such a respect, it Differeth not. Though in another respect, it may, and doth Differ; even from the very same Thing with which yet in other respects it Differeth not.

This Etymology I chuse the rather, because I see the Criticks, in all their Etymologies, love to give to each part (in the composition) a Positive signification. Which I cannot doe here, unlesse I translate Indifferens, Differing, and yet not differing: a sense which also the Greeke word ὰδιάφο illegible ν will fully beare; For (if by other imployments I have not lost the smattering once I had in that Tongue) the phrase seemes best applyable to a Medium, that doth not fully, or wholly, carry it selfe off from both the Extremes, but participates of either.

Such an Indifferent-difference hath cleerly place in all those Naturals, which betweene two positive extremes (such as Black and White; Hot and Cold ) have a positive Medium, Participationis (because it participates of both extremes) and Negationis too, because it is neither. This Medium is properly Indifferent to either Extreme; from which it Differeth, and yet it Differeth not: because it is neither of the Two Extremes, yet participates of Both. Thus Lukewarme, as Warme, Differeth not from Hot, yet differeth as Coole; and therefore is Indifferent.

This sense of Indifferent, being thus made good in Naturals; some would borrow and apply to Morall, Theologicall Beings also. So that betweene Good and Bad, they fancy an intermediate Entity, neither Good nor Bad, but Indifferent to either. As once a Moderator in the Schooles, being to determine whether Lucretia did well in stabbing her selfe; seeing that Action Good in many respects, and Bad in as many more, concluded thus, Nec bene fecit, nec male fecit, sed Interfecit.

But I conceive, such Indifference, will not, cannot be found in Morals, as it is in Naturals. The reason is, because the two extremes are not here (as in many Naturals ) Both Positive Beings; so that a Medium may really participate of Both. White and Blacke indeed are Both positives, but so is not Evill; but only the privation of Good, which is the other extreme.

Moralists dispute how Passions are Indifferent, but they are put on great straites; and limit it onely to passions in specie (indeed only in a Notion ) which yet in sensu composito cannot be said to be ever Both Good and Bad, or neither Good nor Bad, but being still Good Naturally, may be morally either Good, or Bad, in individuo, but in sensu diviso, not Composito.

For the same individual action, or passion (in man) cannot be said both Good and Bad (take it in actu exercito ) in the same respects; yea, if in any One morall respect, it be truely Bad, it cannot at all be said to be properly Good. For an Error or Defect in any one Morall (though but so much as a Circumstance ) truely denominates the whole action Evill; but onely a perfect and universall concatenation of all essentials and circumstantials too, denominates it Good. Even as in Logicke, any one negative proposition makes the whole Syllogisme such; when to an Affirm’d Syllogisme, every part must be affirm’d. So ’tis in Morals too. And hence perhaps the old Stoickes affirm’d, Omnia peccata to be paria, all sinnes to be equall. Which is one of Tullies Paradoxes: because, saith he, One Steppe beside the Line, may as truely be said to be a Transgression, as a thousand, or running a thousand miles from it. It is well observed by Aquinas, that as a Body is not perfectly set in suo bene esse naturali, in its Naturall well-being, by a bare forme without Accidents; so neither an Act in bene esse morali, in its Morall well-being, by onely object and end, rightly fixed: except also every Morall circumstance, of time, place, c. rightly concurre.

They who will have our Vertues equally distare ab extremis, distant from the extremes, are much more in the right, than they who will have an Indifferent thing (speaking of Morals ) to partake of Both extremes. Indeed Vertue flying from one extreame, when it is rancountred with an equall Evill, is arrest in medio; as Iron when accoasted by two Loadstones of equall vertue on either side, not daring to embrace either, hovereth in medio, betweene Both. Or as the Magneticall needle about the Azores, keepeth it selfe directly parallell to the Axis of the world; and admitteth no variation: because in medio, betweene the two great Continents (of Europe and America ) to which some great Philosophers ascribe the Magneticall vertue, with better reason perhaps than others did, before, to the Northerne Pole, or Northerne Climates.

From all these premises, we will now assay to draw some conclusions, that may helpe us in judging what may be Indifferent.

First, it must be in it selfe Good, wholly good. For, if it have but one dram of Evill, it is wholly Bad (as was proved before) and so not Indifferent. We have found the Genus of it; it is Good, Lawfull.

In the second place, to make our approach a little neerer (if we can) and to descend more particularly into the Differing Nature of it; We must confesse it lies mainly in the seeming equality of Use. So that it may be thus described: A thing Lawfull and Good, which (as we thinke) may be Used or not: may or may not be done.

But here we must take heed we lose not our selves in Termes: For if they meane that some things at one time may be done, and at another may not; I yeeld this True: For perhaps this yeare I may not marry, and yet next yeare I may, and in some circumstances must, else I sinne. But in this Hypothesis Marriage is not generally Indifferent, because not generally Lawfull; but at some time lawfull, at some time not.

If they meane the same Thing, (the same Act) at one and the same time by the same person, may, or may not be done ad placitum, at pleasure, without offence; I must crave leave to dissent, till I see more, than now I see.

For I conceive two direct contraries, (as to marry, and not marry) at the same time, to the same person, cannot be so equally circumstantiated, that one of them, at least in one circumstance (which is enough) shall not be better than the other. And if one be Best, I conceive it past scruple, that I may not reject that Best, and chuse the Worst.

Now, if I mistake not, I am neere the Apex of this question, which yet ( Pernassus -like) hath a double Vertex, a twofold toppe.

The one is, whether in two contraries (as Doing, not doing ) one must not needs be Better than the other.

The second is, whether in this case I am not tyed to take, and doe the Best, but am equally Indifferent to Both.

Twill begin with this last first. In this I know I have many opposites, who stiffely mainetaine, that Optimum non est sempen faciendum, the best thing is not alwaies to be done: amongst these is that good man lately deceased, (to the Churches great losse) Reverend Master Ball, in his Friendly Tryall of Separation.

I thinke it is a subtle dispute, worth the discussing; for if they meane thus, That which is Best, is not at all times Lawfull to be done while it is best; This sense cannot bee true: for here the Predicate is destructive to the subject; For, that which is unlawfull is not good, much lesse Best, at the time when unlawfull.

Or, if they meane, that the Best ( in Re, in Truth) is not alwaies Possible to be done; they say True, but tell me no new thing. For all men will yeeld This; and in This case I must consider, what is best possible to me; because I cannot doe the Best in Re.

I suppose then they meane that which is Best and possible to me, is not still necessary to be done, even while it is best; but though I may doe it, yet I may also leave it undone, and doe that which is illegible good.

Here also they may deceive us with Termes. For they may meane either Best in Truth, or Best to appearance. And when these two cannot be reconciled by all my search, I must consider that which seemes (though perhaps is not ) the Best.

We shall now soone joyne issue. And the case is; whether, when I must of necessity either doe, or not doe, or when I must doe either This or That; I be not bound to doe what is Best, (or at least on exactest search, seemes Best) if it be possible to be Done by me.

If they take the Negative part (of this question so stated) I hope yet they will give me leave to hold the affirmative, and yet without offence, till my judgement may be better inform’d.

My grounds briefely are these, First, it is Lawfull to doe This Best; else it is not Good, much lesse Best, as was said before. Againe, it is Expedient to doe this Best: or else some thing (at least some one Circumstance of Expedience ) is in the other good, which is not in this, and so This is not Best, but That, at this time; though at another time, perhaps, This may be Best, it is not Best now, because not best expedient and most convenient.

So that at this time, This cannot bee Better than That, except This be not onely in it selfe expedient, but also more expedient than That is at this present: for one graine of more expedience makes that to be Best, which else would be Worst; And one circumstance may so alter the case, that now That may be worst, which else would have beene Best, as was said before.

I demand now, how I can be determined to That which is lesse expedient ? though supposed equally lawfull, by Right Reason ? All Philosophers yeeld, (and it needeth no dispute) that the Understanding rectified still dictates to the Will, Optimum faciendum, the best thing is to be done. And how is it possible I should doe well, if I so How not the Dictate of Right Reason? Video meliora, proboque; deteriora sequor.

See now to what a strait I am brought; If I follow the Dictate of Right Reason, I must still doe what is Dictated, as now Best. And Right Reason must still (where some Action is necessary) dictate That to be done, which is (at least, seemes ) Best.

For, if Right Reason should ever (though but once) dictate, that This which is Best, is not now to be done, but somewhat Worse; It may much be suspected Right Reason may never dictate the Best to be done.

For, by this Case (of one such Dictate) it would appeare, that when ever Reason doth happen to dictate Right, it is but by chance, or some fancy of its owne; not by any certaine constant Rule, taken from the Nature of Things, rightly stated in such and such circumstances; For if so, it must still judge eodem modo, after the same manner, of That which is so circumstantiated. And, if it once vary from this Rule, it will seeme to have no Rule, but its owne fancy. And in this Case, we shall be under Reason, as under a most corrupt Judge, that will follow no constant Rule (founded on the Nature of Things) but onely his owne humor; which will give very Different judgements on the very same, or like Cases, in all circumstances.

I see but two Things can helpe them out of This straite. Either, that (though Right Reason cannot but dictate that the Best in all circumstances, must still bee done; yet) wee are not bound to follow Right Reasons Dictates, when we see them: Or else, we be not bound to aske Right Reason, what it will dictate; but may doe (hand over head, as they speake) without any Dictate of Reason, Right or Wrong.

But, Both These seeme to mee very strange Doctrine. For,

First, If I may but once goe against the Dictate of Right Reason, and yet not sinne, I may goe ten thousand times, yea Ever against it; and so all my acts may be Irrátionall, and yet not sinfull: a strange Tenet: and sure a Case never to be found but in a distracted man; who sinnes not, though all his Acts be against Reason, because His Reason is not able to direct him; or at least He not able to follow Reason; and in this case God requires it not.

And the Case is even the same; when I Act without asking Reasons Dictate, as if I acted against Reasons Dictate. For till I see I act with, for ought I know, I act against Right Reason; and so I sinne.

Not yet, that I thinke a man bound before Every (though the most common) Action, to stay disputing for some houres or dayes, till Reason hath given its finall Dictate. For, this were to turne all practise into bare and nice Speculation. There are many Things by common use, and by themselves, so cleare that at first view Reason presently determines. Yet if there rise but the least scruple at the first glimps; Then, man is bound to discusse it, till Reason rectifi’d dictate the Action Lawfull, and Best to be done: And till This Dictate, the Act must be suspended. For I still thought that a dangerous Maxime in State policy; first, to Doe matters, (not like to sound well) and then to dispute Them: and it sounds worse in Matters of Religion.

I have done with the first Great Question, whether Optimum sit semper faciendum.

I come to the Next, whether amongst divers Things (to be done) There be still One Optimum, one Best: I must meane whether there be any Optimum, for more than One there cannot be at one time .

We may briefly State the Question Thus. Whether at any one time Two, or more Things, (suppose to Marry, and not to Marry) can possibly be so Equally Good to me, that One of them is not Better than the Other.

I thinke not. For, I dispute thus: I must bee determined to one of these Two, (having no medium ) I must Marry, or not Marry. Now I aske what shall determine mee to either? Right Reason (they must answer) or my owne Fancy, Will, or other Thing.

I rejoyne; if Right Reason determine me; either it doth so on no good ground; (and then I doe a groundlesse unreasonable Act, in following Reason) or on some Ground, whose foundation is in Re, in the Thing it selfe. For, if wee once grant Reason any Rule, or Ground, but that Certaine, Constant Truth, which is fixt in the Nature of Things; wee shall make it, of all Judges, most uncertaine, most corrupt. If once I see my Reason judge point blancke against Reall Truth, I shall suspect it still.

Well then, it must bee granted, Right Reason hath determined mee (not to Marry) on some good Ground, taken from the Nature of Marriage; (not in Generall, for this would deceive me, but particularly considered with all circumstances pro hic nunc, in this particular, and at this time) so that it must also bee granted, There was one or more circumstances, which made Marriage more unfit than non Marriage (else Reason hath made, not found a Ground in Re, which it must never doc;) Ergo, of Marriage, and Non-Marriage, One still is Best in Re, (at least to Reasons eye) else Reason doth unreasonably determine mee not to Marry, or to Marry.

And if Right Reason have not, or cannot determine me; to which side soever I incline, and rest, I sin; because I act Unreasonably: being determined by humour, fancy, passion, a wilfull Will, and not Right Reason; The Candle of God, which He hath lighted in man, lest man groaping in the darke should stumble, and fall.

I may now steppe a little higher; and affirme, that of Two Contraries, or any Two Extreames, Both are so farre from being Equally Good, that pro hoc statu, in these Circumstances, Both cannot be good at all, or lawfull.

For, if of these Two, One must be Best, and but One; and this One now necessary to be done (because Best) as was proved before; It will follow that the other extreame is now, in these circumstances, not Good at all to me; because unlawfull to be done, while now there is a better in view; though else in it selfe, with other circumstances, it would have beene Lawfull, Good, and Best.

If Right Reason determine it be better not to Marry, at this time, and I be still bound to do what Right Reason shall dictate Best (as was prov’d before:) Now, in these Circumstances, Marriage is unlawfull to me, and so not Good at all, at this time, because lesse Good than Non-Marriage. So Achitophels Counsell was Bad, being not good for that time, because not Best.

For as Moralists say, if it be possible Man could be necessitated to chuse One of Two Evills; in that case the Lesse evill would be Good: So, when I am necessitated to chuse one out of two (supposed) Goods, the lesse Good would be Evill, and unlawfull to me, who am still bound (for-ought I can yet see) to doe Optimum pro hoc statu, the best for this Condition.

The Conclusion I ay me at, through all these Premisses, is this. There is no One thing, no One Act, in all the World, That I may doe, or not doe, ad placitum, at my pleasure, all Circumstances considered.

For, this Act (so propounded) either is Best for that time, and so must needes be done: or not Best, and so must not be done; because in these Circumstances, at this Time, it is Unlawfull; as not being Good while a Better is in eye: as hath I hope fully beene proved.

From This, results our finall Determination concerning Indifference (which is our Subject in hand:) No Thing, No Act, is Indifferent in Se, in Re, in it selfe, in the thing; but either necessary to be done, (if Best ) or unlawfull to be done, if Bad, or lesse Good, pro hoc statu.

What shall we say then? hath the World talked so much of Indifference, and the power in Indifference, And yet no Indifference, at all, be in the World?

Give me leave here freely to propound my owne thoughts, without offence; being still more desirous to learne, than to Dictate.

I conceive that all the Indifference (in the world) lies in our Understandings, and the Darkenesse thereof, (which makes them wavering sometimes, and doubtfull whether to doe or not, so that in them seemes some Indifference to either extreme) but there is none in the things themselves, or Actions; which are still either unlawfull, or necessary (if Lawfull, at this time in these Circumstances;) never Indifferent in Themselves.

As then it is in the point of Contingence, every thing is either True or False, Certainely to Be, or not to Be, and in one of these still Necessary in Re, and never Contingent; yet to Me, (who cannot see the whole Chaine of Causes ) some things seeme Contingent, that are necessary. So for Indifference. All Things, All Acts, are in Re, either Necessary to be done, or Unlawfull; but to my blind judgment, (while I cannot discerne whether I may Act, or may not) some things Seeme, but are not Indifferent; and so we thinke (but erroneously) that these may be done, or not, as we please.

For example-sake, suppose an unskilfull Physitian have two Simples by him, one of which is poyson, and the other a pretious Cordiall; will any man living say, These are Indifferent for a sicke mans cure; so as he may use them, or not, ad placitum, without perill? And yet now suppose the Physitian ignorant of both their Natures: they may be said to be Indifferent (though not in themselves) yet to Him; who not knowing either, is Indifferent to Both, and thinkes hee may apply which he will, without offence; yet if he apply the one he erres, because ’tis poyson.

So it is in all the Things, or Acts we thinke Indifferent. In themselves they are poysons, or cordialls, very Good, (and so necessary ) or very Bad, and so unlawfull. But while our judgements are clouded, so that we see not the Nature of these Objects, or Acts: we are Indifferent (because wavering) between Them; but They are not so in se; or Really to us.

I may conclude then, Nothing is Indifferent in Re, in Se; but to our Understanding some things seeme so, for want of Good light.

CHAP. VI.

Where the Power of Indifferent Things seeme to be fixed: whether in the Church, or not: or if in the Church, How farre. Of the Churches Deciding Commanding Power. Of Doubts, and how we must deport our selves under Doubts.

I Have now done with the Nature of Indifference, in which I have beene the more large, because I found it more abstruse than it seemed at first view, I come now shortly to examine What power may determine in Indifference, and where this Power is fixed.

To All, I may answer briefly thus. By Divine Right, This Power is, and is not, in the Church. The Church hath, and hath not, power in Indifferent things.

First, the Church hath no power to make any one thing Indifferent in it selfe: (that is, to make it, at one, and the same time, lawfull to be done, or left undone, positis omnibus circumstantiis, all circumstances being laid together.) For all Things and Acts, are in themselves necessarily Good or Bad, and cannot be Indifferent in Re, as hath beene proved at large.

Againe, wee cannot say the Church hath power to determine what is indifferent. If at least All Indifference comes only from the Darknesse of our Understanding (as before;) It then lies not in the power of all other men living, to determine what seemes indifferent to one mans Understanding, since Hee may perhaps not see, what they all see; e contrario.

We are now reduced into a narrow compasse, having onely left to be considered, those Things which generally seeme indifferent (For there is no indifference in Re, but onely in appearance unto us;) because neither Scripture without, or light within, hath fully cleared, whether such things should bee done, or not: or if done, whether in such, or such a time, place, c. And in such Cases onely Things seeme indifferent.

Now in these seeming indifferents (which sure are not so many as some pretend) the Church hath, and yet hath not, power to determine.

All (though but Seeming) indifference, is as it were in medio, betweene two Extremes, as was said before. Now, when Neither of these extremes is necessary, There, (specially where Both extremes are doubtfull) I conceive the Church hath not power to determine to Either Extreme.

As suppose Blacke and White colours should bee Doubtfull, whether both, or either, or neither, were Lawfull: In this case (for ought I yet see) the Church hath no power to determine (any one so doubting) to either Blacke or White. The Reason is, because Neither of these extremes are necessary, therebeing so many intermediate colours betweene Both.

But when One of the extremes (betweene which we waver as indifferent ) is necessary to be imbraced, (as in most cases it is;) Here all the Power Lawfull, I conceive, can doe no more but resolve which of the Two extremes is Best; whether it be safest to Doe, or not to Doe (whereof one is necessary;) to do so, or so, if I must doe.

This Power (where ever it bee) must bee very warily exercised: since of All Two extremes, onely One (as was proved) can be Lawfull: so that one is wholsome, but the other poyson.

In these also the Church hath, and hath not power. If you please, Thus; It hath a power Judicative, (or if you will Juridicall ) but not Legislative. It may, and must determine; (for ought I know, beyond all externall appeale) yet againe it must not determine, What, and How it Will, because it will. No, It also hath its bounds, a Rule to goe by, a constant Law (and that nonfactam, sed natam, not which the Church makes, but which it finds, ) Right Reason.

So that the Church is like the Judges on the Bench in Westminster Hall (that have a Judicative, or Declarative power, being entrusted with the explication, application, and execution of the Laws:) but not as the King and Parliament, who have a Legislative power: and so not onely to declare what is Law, but to make new Lawes. And yet even This High Court hath one Rule, or Law to goe by, (and this is also the Law of the Church, even Right Reason. ) And if they or the Church, should erre from this Rule, (which God forbid) we must obey indeed, but Patiendo, I will, I must give Passive obedience to Lawfull Authority; even there where I dare not, I cannot, I may not, give obedience Active.

By the Church here I meane, not onely One or Two, or a Few, of what-Ranke soever; but All, even every true Member of the whole Church. For I conceive every such Member hath de jure a Votein This Determination.

But what if after the Determination, I yet dissent from the judgement of the greater part of the Church, which in all doubtfull causes, seemes justly to challenge (even by the law of Nature) a decisive power; What shall I doe in this Case? shall I make a Rent, Schisme, Faction that may fire Church or State?

God forbid; no, I must Read, pray, discourse, and comferre, with all humility submitting my selfe to the Reason of any man that will teach me; much more to the Judgements of many together, eminent for learning and piety. And yet if after all this, I cannot be satisfyed in my Doubts (which must be Reall, and not pretended scruples of a factious spirit) In this case, which sure will be very Rare (where Right Reason is made supreme Judge) I must suspend till my judgement be cleared, lest that which to another is Lawfull, become sin to me: Who cannot Act in Faith, while I act against or with Doubts, or Scruples.

However in the meane time, I must quietly deport my selfe without faction, turbulent commotion, or uncharitable censure of those who dissent from mee, both in Judgement und Practice; well knowing that the same thing may be Lawfull and necessary to one that sees it so; which yet to me is unlawfull, while I so doubt.

In this Case, I conceive no Power on Earth ought to force my Practice more than my Judgment. For I conceive the Churches utmost compulsive power (which must also very warily, and but rarely be used) is but Expulsion, or Excommunication; which yet I suppose may scarce ever be exercised on one that so doubteth: much lesse Fine, Imprisonment, losse of member, or life: Except his dissent in practice hath necessarily with it a destructive influence into the State also, and Body Politique. Which case I thinke hardly ever possible, in those Things which can be objects of Rationall Doubts: which are onely such as the Scripture hath not determined. And in all things not determined by Scripture, (which sure must needes be of lesse consequence) One that Doubts with reason and humility, (may not for ought I yet see) be forced by Violence.

Give me leave by some Instances to cleare my meaning, in all the premises concerning the power in Indifferent Things.

Time, Place, and Deportment of our selves in the Congregation, are the maine, if not sole things, which beare this acceptation of Indifferent: The Scripture not having laid downe expresse Rules for all particular cases of This Nature. So that we seeme left Indifferent to the use of This or That Place, this or that Time, this or that Gesture, c.

In these Things (not determined by Scripture) there must be some determination, because one of the extremes is necessary, (We must use some Place, some Time, some Gesture) else all limitation here were needlesse, if not unlawfull, as was said before.

The Church then Doubtlesse hath power to resolve here, What Time, what Place, what Deportment, c. and what they doe herein (though it should prove to be Evill) They doe by power which God hath entrusted them with.

And yet againe, the Church here must not command what she will, because she Will; but must goe by her Rule, which is Right Reason: if she swarve from this, she erres. And Hee that seeth Her error, or Doubteth, sinnes also, if (while he to doubteth) he yeeld her more than Passive Obedience: and if she force one so Doubting, I thinke she sinneth more.

Now I need not rippe up the foulenesse of our Bishops miscarriage in their practice about Indifferent Things, which yet hath fully suited with their principles, as was touched before.

For though I should grant (which I never shall) that onely they, and their Creatures, were the whole Church: Yet would they be so farre from a power of making things Indifferent, (which yet some seeme to challenge, or at least to exercise) that indeed they have no power to determine what is Indifferent: since it may be very easie for some men to thinke that indifferent, which to others seemes clearely either unlawfull or necessary.

Againe, in things seeming (generally) Indifferent, they have no power peremptorily to determine to one Extreme, when there is a medium betweene both extremes, and so neither is Necessary.

In things seeming Indifferent, where one extreme is necessary, They cannot determine pro arbitrio, as they please, (but by a constant Rule of Reason) much lesse by a Tyrannicall club Law force us to doe (though we rationally, and modestly doubt whether it be lawfull) what they first Make, rather than find Indifferent, and then (by their wonted maximes in indifferent Things) make Necessary, on paine of Imprisonment, losse of Eares, yea life it selfe.

Which yet might be more tolerable, if they onely tooke a Dictator-like power, to direct our judgements, in things that seeme most abstruse, or doubtfull (in which yet they make themselves Gods; for none but God can fully cleare, much lesse force my judgement;) But they scruple not, point blanke to contradict our Reason, and force our consciences, in things extremely manifest; as in Bowings, and many other things, which one as blind as he that so much commended Rhombus, may see to be unlawfull.

CHAP. VII.

Of the Consequents to a Bishops Office. His Relations Upward and Dependances. Of his Vote in Parliament. Relations Downward: How repugnant to State-Policie.

VVE have seene the Antecedents, Concomitants, or Ingredients, to our Bishops Office. Let us a little view some of the Consequents, that result from his Office.

We shall consider but Two, or rather One with Two Heads, (like himselfe) at least looking two way is; His Relations both upward and downward.

First, Upward. Nescio quo fato, I know not by what destiny, Our Bishops have still depended on anothers Becke. In the time of Popery, they were wholly moulded to the Popes Will; which oft produced such wilfull and stubborne deportment (both towards their Soveraigne and equals) that wise men of those times beganne to perceive how insufferable such forraine dependance would still bee in any free State.

Winchester was not the first, though One, that in Edward the first his Time, professed such universall Obedience to his Creator the Pope, that he quickely learned to refuse (that I may not say, disdaine) to call the King his Lord. And his Treasons against the Kings Person, made all men see how easie it was, and still would be, to reduce such Principles into Practice.

Edward the third summoned a Parliament to enable himselfe for the warres he designed: But the Arch bishop Stratford (fearing it might injure the Popes Title, if he might not be permitted there to erect his Crosse ) refused to come, detained his Bishops, and prided himselfe in hindering his Soveraignes designe.

Norwich handled the second Richard with the same pride and Insolence; Levying Souldiers at the charge of the Kings Subjects to fight the Popes Battles.

We have not forgot Becket, and divers other of his temper, but reserve them to another place.

Under the Reformation; if they have indeed cast off the Pope, (which may be doubted in most, but is past doubt in some) yet they have ever beene at their command, by whose favour they stand, though (with that unhappy bird) they designe the Death of Those that give them Life.

This dependance appeares in a threefold Gradation.

1. The Calling (of the Bishops now in dispute) being only Jure Humano, they must therefore comply, not onely to fix their Persons, but their Callings.

2. When they are invested in their Sees the smile or frown of the Court, addeth or detracteth much from their splendor, comfort, and emolument.

3. Their further advancement, either to a better Bishopricke, or Archbishopricke, wholly depends on the Princes Will.

Naturalists observe, there is not so much appearance of change in many degrees of Entitie, acquired by a second motion; as in one degree, at the first slep from Non Ens, to Entitie. But Moralists find that one little step of new preferment makes more impression upon low spirits, than their first Creation out of Nothing. Both are well reconciled in our Bishops Rising. For what can so sudden unexpected advancement (from Nothing to such an Height of Being) seeme but a new Creation? so that hence such a dependance must needs result, as is that Relation which Nature fixeth in the Creature to his Creator.

Courtesies and Hopes are the most oyly Bribes, and Bribes blind the eyes of the most wise. With what nature soever Obligations meet, they have an irresistible force. If they descend so low as men of base spirits, They there get a species of Profitable; and so become like Lime-twigs to Little Birds. It was doubtlesse most feelingly spoken by the Slave in Plautus, Esculenta Vineula sunt firmissima, to which the English Proverb answers, They that are tyed by the teeth, are tyed most strongly.

If they meete with men of high rais’d, Generous, Noble thoughts; they yet worke much more, (though out of a more ingenuous Principle) while a true Noble spirit cannot breath under the least shadow of Ingratitude: having first learned that old Proverb, Ingratum si dixeris. —Ingratitude is the highest imputation.

How hardly then a Bishops Conscience, Judgement, Reason, or Will, can be his owne; under not onely so many Obligations, (for the greatest engagement past) but Hopes also for new favours to come, (either in higher advancement, or at least in continuance of His smiles, whose first frownes may quickly reduce Them to their first principles of Nothing) I leave it to wise men to judge.

To whom also I humbly propound, (as worthy mature Consideration) how fit these Spirituall Lords may bee to sit as Law-makers in That Highest Court, by whose fundamentall Orders (as also by the Law of nature) None ought to have Vote, but Free men.

And how can they possibly be deemed Free, that wholly depend on anothers Thought, (for I neede not say, Beck, Smile, or Frowne) not onely for their first Creation, but continuall Preservation in This State, and power of giving Vote in that Court?

But They say, This may be also objected against other Lords, Created by his Majesties favour; Especially Officers of Court, which yet are not Excluded from Votes in Parliament.

I answer first, Incommodum non solvit argumentum, the alleadging of an inconvenience, is not the answering of an argument.

Againe, If the Case were alike in all These (which I yeeld not) Because we are under One (perhaps invincible) Difficulty, must we needs runne and plunge our selves into another? Or being once in, may we not get out if we can?

But thirdly, there is a Vast Difference betweene Those who cannot but still be affected with Noble, generous, and most vertuous deportment; (being still to live in their Names, Honours, posterity) and Those, who in Their height, are but as Meteors, that must quickly blaze out, vanish, fall, and be no more. Betweene Those whose Birth and Breeding hath filled their veines with Heroick noble blood; and Those that are so much disadvantaged both by their Birth and Breeding: though Their Birth is nothing so ignoble as their Education; Compared with that Breeding a true States-man should have.

For, will any wise man living thinke them fit to give Counsell in Princes Closets; to make Lawes in Parliament; and sit Judges in the Highest Tribunals of Civill Justice; that all their life time, (before the Conge d’eslire diverted their thoughts) were wholly taken up in turning (rather than reading) Aquinas and Scotus, with some other schoole Triflers, before they came to some Church Benefice; where ever since they have spent all their time (that might be spared from Tything) in Liturgies, or Canons; Except some new scruple with some of their Neighbours, have cald them to peruse some Author de Decimis ?

If you view their Civill Converse, they have practised little, but to wrangle downe a Sophister, or to delude a Proctor, in the Vniversity; to say Grace to a Gentle-man, or acquaint themselves with a Reading-Pue, in the Countrey. In Cases of Conscience, they have studied little, but how, with most compendium, to digest the Oath of Direct and Indirect, in point of Simony; and to swallow the Vow of thrice Nolo Episcopari, I will not be made a Bishop, when God and their owne Consciences well know, many of them are not so solicitous for Heaven, as for a Bishoprick. And are These men fit, not onely to rule the whole Church; to Ordaine, Censure, Suspend, Deprive, Excommunicate, ad placitum; to governe our Consciences, by Articles, Canons, Oathes, (and what else a Lawlesse Convocation may invent;) but also to direct and advise (I might say more) in the Privie Juncto’s; to fit at the Helme, to dictate Lawes; tantum non, even almost, to sway the Scepter; which if they forbeare to touch, it is but as Mercury once spared Jupiters thunder-bolts, which he durst not steale, lest they should roare too loud, or at least burne his fingers.

In the last place my Answer shall be thus. Though the Birth, Blood, Thoughts, Breeding, and all, of a Bishop were as noble as any One, or all the Peeres; (which none dare say) Yet are not, cannot, Bishops be possibly so free, (and so, not so fit, to sit and Vote in Parliament) as other Lords, and members of that Great Body.

For first, They that have large Estates by Inheritance, and to continue their Names and Families to the same Inheritance, are in all reason probable with more impartiall freedome to provide for the Good of the Common-wealth in generall; than those that having little or no Estate of their owne (at least, to leave to posterity) are not like much to looke after the Weale-publike, or Good of posterity; but rather will seeke to humour the present times, (being truly Filii unius Horæ, Men of a short continuance) especially to insinuate themselves into more and more favour with their Creator, and Preserver, on whose smile wholly depends more than their Bene Esse, their welfare.

My Judgement in This is much confirmed by the observation of a truly Noble Gentleman, and most-highly-well-deserving States-man, (R. Ea. of E.) who said, he had now served thirty yeeres in Parliament, and in all that time never knew but Two or Three Bishops stand for the Common-wealth.

Againe, though all the Branches of Nobility first sprouted out from the Roote of Royalty; (Honours being in all Good States, Appendices to Majesty, and wholly disposed by the Royall hand) Yet Estates and Revenues did not; which are the Partiments and Supporters of Noble Honours. And These alse in Bishops, depend on the Princes Will.

Yea, our Honours and Baronies, though first they were granted by the King; yet now being so invested in Our blood, and become Hereditary, They cannot be revoked. In This therefore we are Freer than any Bishop, whose Baronies are onely annexed to their Office, and not invested in them by Blood.

We have seene our Bishops Relation upward; Let us now view it looking downe to his own Family, Creatures, and Dependencies. We shall see all these Consequents, as unsutable to State policie, as were the Ingredients, and Antecedents to his Office.

A Bishops Title and Place is High and Splendid, but his Estate (for the most part) Meane and Low: at least That which may be left as Inheritance to posterity.

Now to what unworthinesse will not Ambition and Avarice carry them? When they looke on themselves as Peeres and Grandees of the Kingdome, and againe reflect on their Wives and Children, as those which (after Their Decease) must soone be reduced from such an height (like falling Starres) into their first principles; Must not This be a Great Temptation, by any meanes, right or wrong, to seeke the private inrichment of themselves, and Families, even much before the publike Good of the Common-wealth; which is never more injur’d, then when it is made to stoope and vaile to the boundlesse Ambition of some private, low, base, sordid spirit.

Or suppose, by penurious Living they may in many yeares gleane up a meane Estate to leave to their House, to preserve their name: how miserable and sordid must be their deportment? how base their House-keeping? how Little their Hospitality? Which yet not onely by Scripture, but Reason seemes much (if not most) to be required of the Clergy. Such a Bishop must be as much given to Hospitality, as Blamelesse in other particulars. But alas, how can Ours be so? Except They can be content to live without any Retinue of Attendance; or be Curst by Posterity, brought up perhaps as Lords, but left as Beggers.

Except then it might be with our Bishops, or Bishops Children, as once it was with that Roman Dictator, who being brought from the Plough, was content againe to returne to the Plough, (after he had with all humility, fidelity, and successe, served the Common-wealth in the Highest Office That State at that time did afford) I cannot see why They should so ambitiously desire a Lordly Prelacie; which they can neither leave to posterity; nor carry downe to the Grave; nor yet are sure to keepe all the time they live: for of all Riches, those of a Bishop, may soonest fly away.

If therefore Our Prelates would seriously reflect on their owne Peace, Credit, and Esteeme; Or the Good of their Family and Posterity; (though they would despise the Church, and trample on the State, with the Weale, peace, and flourishing prosperity thereof) sure they would leave the Common-wealth to States-men; and thinke it honour more than enough to serve the Church, and waite on Gods Altar: I mean That Holy Table, which may be served by Them that attend the Word and Sacraments; though they must not neglect This, and serve any Other Tables.

But Venales Animæ, Mercenary Spirits, will doe any thing to Rise. Yet I hope Our Bishops doe not, at least will not doe so any more. If so, Let them know the Wheele of providence can runne as fast backward as ever it did forward. In its descent, they may perhaps sadly reflect on a serious dying speech of one of themselves; Had I served my God, as I have served my Prince, I should not have beene so deserted now. Though I must confesse I doubt they have well served neither God, nor the King. But this shall be discuss’d more anon.

CHAP. VIII.

What Good our Bishops can doe to the State, is examined, whether they have beene, or can be, friends to Monarchy, or Civill Government.

VVE have seene how much our Bishop makes against State Policie; Let us now see what he doth, or can doe, For the State; For, Both parts must be heard.

It hath still beene the practise of These men to buzze into Princes Eares, that They strike at Monarchy, that are displeased with such Episcopacie: Like one of the old Queenes Jesters, that would box and pinch any that stood neere him: and if they return’d the like, he would step before the Queene, and cry, Madame here comes a Traytor to strike at your Majesty.

I know it is one of their first Canonicall principles, No Bishop, No King. On this Axletree the whole body of Popery is wheeled about. A specious shew indeede, and One of their Master-peeces of Policie; to acquaint and perswade Kings, of what use they are to Them;

Sed Timeo Dandos, Dona ferentes, I am afraid of the Grecians, when they come with their gifts.

It is but a Trojan Horse. Mors est in Olla, there is Death in the Pot. While they seeme to please Kings, they weaken Crownes.

Powers are Gods Ordinances; and set over us for Our Good: And Kingdomes certainely have more for them in holy writ than any other Government: Shall Royall Crownes then come and stoope to a Miter?

La France ne tombe pas en Keneville. With them a Woman must not beare the Crowne, and shall the Scepter, with us, bow to the Crosiers Staffe? Let it not be spoken in Asbkelon, nor published in the streets of Gath. Hath Christianity abated the Glory or power of the Diadem? Bishops would, but Christ will not.

In short, What is the sense of this Maxime? What can it be other than This, that the Strength, nay the Being of a King, depends wholly upon a Bishop?

Prodigious State-Blasphemic! Kings have beene when Bishops were not, and shall be yet much more Glorious, when such Bishops shall be no more. Which shall still be my desire for all Kings; but especially for Ours; whose Good and Gracious Government, I shall pray, may yet endure long, and long amongst us.

It is much rather true, If any such Bishop, no King; as I hope to make good in my subsequent discourse. Otherwise, (had these beene onely ( Metaphysicall Notions, or Mathematicall speculations ) I should not have beene troubled more with a square Cap on a Bishops Head, than I am with a Circle squared in a Mathematicall braine.

It is true, their Grand Master the Pope, seemed very officious in setting up the German-Franck Emperour, (the Image of the old beast) But it was not long before he shew’d his Ends. Turne your Eye bue a little about, and you shall see an Emperour stand barefoote at his Gate: Here one kneels to kisse that foote that spurneth off His Crowne: There one holds the stirrup, while that Proud Bishop steps up into the saddle.

And have not our Bishops the same Designes with their Holy Father? Even to free themselves from all Power, and to bring all things under their owne Power?

What meaneth this Maxime of Episcopacie, that a Clergy man cannot fall under the Execution of a Civill Magistrate, Except they first degrade him; which they may refuse to doe as long as they please? Is not This to Exempt themselves from all Civill Jurisdiction?

What is the sense of This, that for breach of Their (Church) Injunctions, they may Excommunicate people, Ministers, Lords, Kings themselves, whom they please; But shortly This, to reduce all men, (Even Princes as well as others) to plenary Obedience to themselves? And when Once they have passed that sentence on their Soveraigne, at their owne fancie, I doubt not but some of them would be ready to receive the Crowne from their kneeling Prince, (as of old) If any King would againe so farre forget himselfe, and lay his Glory in the dust to be trampled on by such proud insulting Prelates. Which God forbid.

Their Insolent Words and Actions, vented lately against the Crowne, are very sutable to these Principles.

Some of themselves, in open Court of Judicature, have dirst to affirme, They were beholding to none, but Christ, for the place they held.

Others of Them (and Their Creatures) have said They are under no Law of man.

Some have preached point blanck, that Their standing did not at all depend on the Crowne.

Others have flatly denied the King to be Head and Governour in Ecclesiasticall Causes, over all persous: though they cannot but know that This Title was given mainely to Exclude any other Earthly Head, as it is Interpreted by Order of Parliament.

All of them Erect Episcopall Courts, send out Summons, Exercise Jurisdiction, Sentence, Fine, Imprison, doe what they list, in their Owne name. Though All the Bishops put together (and V is unita est fortior ) dare not to doe so; (for, the High Inquisition had a Commission under the Broad Seale) and yet Every particular Bishop Exercise to Jurisdiction under their owne seale, by their owne power, in their owne name; without any Commission, directly against Statute, by which they all incurre a Præmunire.

Indeed they have learnt to faune upon Princes, and would make them beleeve all This is for their Honour, and Advantage: yet they are but Impostors; This is but to stroake the Horse (as the Proverb is) till they are well up in the Saddle: for, at That they aime, and thither would they come; which God forbid.

I could heartily wish, the Kings of the Earth would bee pleased to read Master Broughtons E pistle in his Refining the Roman Fox. Or Nichol. de Clemengiis, in his Excellent peece de Corrupta Ecclesiæ statu. Or that Noble Learned Lords incomparable My sterium Iniquitatis; presented to Our Late Learned Soveraigne King James: though in some late Prints it hath beene refined by an English-Romish Index Expurgatorius, yet it will still (with the other) represent the sleights of this kinde of Episcopacie, in such lively Colours, that I beleeve no Prince would trust them againe.

I neede not goe farre to seek instances that may fully represent how much Our Bishops have in all ages promoted the Weale, Peace, and Honour of This Kingdome and Crowne: For their Treasons against the State and King, want not a Register. I could briefely present you with a true Emblem of Episcopacie ab ovo ad malum; from the beginning to the end; and yet not goe higher than the Conquerour.

Lanfranck would have conquered the Conquerour: and by gentle insinuations have perswaded him to submit his Scepter to the Triple Micer: but, Etiamsi suasit, non persuasit, though he did perswade, yet he did not prevaile.

Art could not prevaile, and therefore Anselm went more rudely to worke; Though Rufus forbad him, yet with many thankes and much honour from the Pope, he went to Rome for his Pall. After he had oftentimes bearded the King in many matters, he succeeded so well, that he attempts the same against the first Henry: and left not till he had caused the Scepter to bow, and the Crowne to totter.

In Stephens time, Two Great Prelates dispute about Precedencie, and at last passing by the King, they call the Pope to be Moderator.

Beckets heights are well knowne, and scarce parallel’d in any Story: Onely as Henry the second (that Great Prince) did suffer sore stripes here: so did the Duke of Tholouse in France, for joyning with the Albigenses. That was done by a Pope, This by a Bishop.

King John fell (with his whole Kingdome) under an Interdict, for some quarrell betwixt himselfe and Two or Three Prelates: nor could he buy or begge his peace but on his knees, resigning his Crowne to proud Pandulph.

In Edward the seconds time Gaveston was much abetted by Coventry, in this a Traitor to his Countrey.

What prankes Winchester plaid with Edward the First, Stratford with Edward the Third, and with the second Richard, Norwich, was toucht before.

Henry the fourth was ill handled by Yorke, that waged warre with him: at the same time Arundell vow’d he would not leave a slip of that Religion which then he saw dawning in England.

In Henry the sixts time, Yorkes quarrell with Winchester, lost all that England had gained from France, at last Yorke sides with Warwicke against the King.

Edward the fourth had little cause to pardon the new Arch-Bishop.

Ely ended better then be beganne, but it was per accidens; for first he perswaded Buckingham to claime the Crowne, but He refusing (at least not daring to stirre for himselfe) sets him on Richmond, the true Heire.

But you will say, These were all Papists, and lived in the darke times of Popery.

True, and were not their Soveraignes such also? were not Kings and Bishops of one Religion then? Are they more now, hath a Protestant Prince now more reason to trust a Protestant Prelate, than a Popish King a Popish Bishop? Let all the world judge. Seeing in Those times it was no difference in Religion, But Malignance against Civill Government, that produced These Commotions, in Those Bishops.

But since the Pope, and Popish Religion is confessed to be the Cause of all those Treasons and Rebellions, what if I prove Prelacie and Popery to be the same in re, and onely to differ in name? This we shall Essay anon. In the meane time It is worth considering whether Our Prelates be not more like to side with the Pope against a Protestant, than Popish Prince?

I will over-looke the darke times of Popery; Let us beginne with the Reformation, (which yet could hardly have entrance, for that strong Opposition the Prelates still made) Alas what Commotions have they still raised in Scotland, and ever since the Reformation? We have selt, what Our Parents onely saw. They Eate (at least suffered) a soure grape, and Our Teeth were almost all set on edge. But blessed be God that hath delivered That Church and State from Tyrannicall Prelates; and will ere long deliver us also.

They did the same in Denmarke, till one of their Kings did perswade the people to Choose another Church Government: After he had in publike read a Charge for three houres long, containing Their Treasons, and Rebellions even since the Time that the Pope was cast out of that Countrey.

When I call to minde their Cariage and miscariage here in England, I must beginne with that of the Poet,

Infandum Regina jubes renovare dolorem; It is the renewing the memory of our great griefes, and miseries.

Our first Reformation was much opposed by Bishops. Gardiner, Bonner, and some others were no Changelings. Yea we shall finde some Good men were Bad Bishops; and the Evill were intolerable. Ridley was too fierce in aintenance of Ceremonies. Cranmer and Ridley both were for allowing Masse to the Lady Mary: but That Admirable young Prince, was even in his Infancie, with King David, wiser than his Teachers: and could weepe, though not yeeld to Their perswasions.

What our Bishops did in Queene Maries dayes (Bloody Times!) we all know; sure it was an unhappy Proverb that was then learnt, The Bishops foot hath trodden here. What they intended under the Old Queene, Essayed in King James his Reigne; and had well nigh performed under Our Gracious King Charles, to the Ruine of the Crowne, We now beginne to know: If at least Knowledge may properly be said to bee wrought by Sense, for, If so, our Feeling was enough to Teack us. Yet what wanted in This, may be supplied by the Daily complaints wee are forced to heare not onely from England, but Ireland also; where yet perhaps they have more parts to act than one. But he that sitteth in Heaven laugheth at them, the most High hath them in derision.

CHAP. IX.

How sutable such Episcopacie can be to Monarchy, is farther considered. Whether the Best forme of Church Government be Monarchicall. Whether other Formes may not well stand with Civill Monarchy. How Church and State Government differ and agree.

I Have scarce done with that Grand Principle of Episcopall policie, No Bishop, No King. Yet I must now divert you a little from it, or at least lay it aside awhile, till It come in againe at due place: which perhaps may be in This next dispute.

I am now come to the most moderate of Episcopall men. For even These affirme that The absolute Best Church Government, under a Monarchy, is Monarchicall.

By the Way I must desire it may againe be remembred that hitherto I have contended onely with our Lordly Civill Episcopacie, (properly called Prelacie ) I have not yet disputed Ecclesiasticall Episcopacie in generall, or the Prelacie of One Minister before another (though I may touch That also before I conclude:) so that I am not bound to answer this Objection; which sure cannot meane that the Best Church Government under Monarchy, is Tyrannicall, (as indeed such Lordly Prelacie is even in their owne Judgements which are moderate) but simply Monarchicall, scilicet in Ecclesiasticis: against which I have not yet disputed; though I know This was One of the maine Foundations on which That Destroyer, That man of sinne beganne first to build.

But I am content to follow them Here also. Yet I must first sift out their meaning, lest they deceive me with words. Doe they meane that All other Church Governments are destructive to Monarchy? or doe they meane, Monarchy is destructive to All other Church Governments but Monarchicall?

The first sense is even the same with the former Axiome we discuss’d, No Bishop, No King; except perhaps they grant, that every Monarch is a King, but every King is not an absolute Monarch.

But take Monarchy in what sense you please: why cannot it stand with any kinde of Church Government? doth the supreme Civill power receive any essentiall part of it from Church Monarchy? Is not Monarchy compleat even there where is no Church?

I am by no meanes of their judgements who say, None that are without the pale of the Church have right to any Thing here below. A Tenet almost necessary to those that use to excommunicate Princes ad placitum, and then stirre up forraine Enemies, or Subjects themselves, to dispossesse such Princes; but to other States of very dangerous consequence.

I clearly conceive an Heathen Emperour may be as lawfull a Monarch, as any Christian Prince; And I doubt not, but His Subjects owe as exact obedience to Him, (if his Civill Title be just) as we justly pay to our Kings and Governours.

To say then that Monarchy cannot stand without Monarchical Discipline in the Church, is to weaken (if not to break) the nerves and ligaments of supreme power: nay to say that such a government will best sute with Monarchy, is to vaile the lustre and Majesty of Monarchy, which like an healthfull stomach, can easily assimulate all things to it selfe, but is not changed by any.

If they would but speake their owne Thoughts, They would turn the Proposition thus, Church-Monarchy cannot stand without Civill. Here the Mystery is unmasked. It is true, This Discipline cannot stand, but where Princes will uphold it. For that which hath no footing in Scripture, must leane upon Humane Right; and thus it discovereth its owne weakenesse. Divine Institution is able to bottome it selfe upon it selfe; but Humane is like the weake Vine or Hop, which without a pole, must creepe, and so rot, upon the earth. Yea some inventions of Men (specially in matters of Religion) are like the weake Fruitlesse Ivy, that must be propt up by some Elme, or mighty Oake, and yet most unnaturally destroyeth That prop which holdeth it up. And of This kind is that Humine (or rather Demonical) Episcopacie, of which we have treated all this time.

Our Bishops foreseeing This, (for They are wise in their generation) thought best to invert the proposition; and instead of this, that Church monarchy cannot stand without Civill, They affirme Civill Monarchy cannot stand without that of the Church. Thus they delude Silly people.

But to come a little neerer to their Best meaning, (Who stand so much for Church Monarchy ) I would gladly be shewed by Reason, what there is in Church government why it may not derive it selfe into severall Corporations; where either more or fewer may beare the sway; still subscribing to those things which are left by Christ to the Civill government, or Monarchicall power. We see hundreds of Corporations are thus managed: And what there is in formali ratione of Church government (essentiall to Church government) that will not endure This; mihi non liquet; Truly I doe not yet know, I cannot yet imagine.

We see ever since the reformation of Luther and Calvin, the Churches of Christ have had another discipline than ours; under Elective and Successive, under Protestant and Catholique Princes, as will appeare clearely in Poland, Denmarke, in Scotland, and the Palatinate, in France, and Germany. I do from my heart agree that Civill Governours are Custodes utriusque Tabulæ, the Preservers of both the Tables: but what the Civill Magistrate hath to doe in Church matters, till the Church hath done her utmost, I could yet never learne.

The government of Christ is spirituall; and Hee will have his worke wrought in a sweete way; by the power of the Spirit, not by force.

If I erre in This, I shall upon better reason recant; In the interim, hoping that the clearnesse of my thoughts shall with the candid Reader receive gentle interpretation, I shall freely declare my opinion in This point.

Christ (as I shall more fully prove hereafter) hath cleerly unfolded to us the Two main things of Church affaires:

1 The Doctrine.

2 The Discipline of his Church.

Who will come in this case to adde or diminish any thing?

I appeale to any Ingenuous Reader, of what Religion soever he be (yea of what sect in any Religion) Whether any power ought to force a Church in matter of Doctrine.

I conceive, what is True Doctrine the Scripture must judge, and none but the Scripture: but what a Church will take for True Doctrine, lyes only in That Church.

Will Rome admit us to expound to them this place, Hoc est corpus meum ? shall wee admit Rome’s exposition? Will either of us admit force?

There is certainly but one Truth: but what shall be taken by the Church for Truth, the Church must judge.

If you descend to Discipline, will not the Case cleerly be the same?

In Discipline consider three things.

1 Admission of members.

2 Excommunication.

3 Officers to execute these, and other Ordinances.

Whether you will Baptize children, and so by administring to them the Sacrament of Initiation, admit them members of the Church?

Whether you will admit all for Church members that barely professe, though they be open drunkards, and very ignorant persons?

Whether you will have Pastors, Teachers, and Elders, as your superiours in this worke, or Bishops, Archbishops, Primates, c. who shall judge but the Church?

So long as the Church, in her Church Tenets, intermedleth not with State matters under the notion of Religion, I suppose the Civill power is not to interpose.

It is most true, if the Church will broach (with the Anabaptists ) that they will have no Governours, nor Government: This is a point not of Divinity, but Policie; and here the Scepter must set a rule. Or with the Adamites (if there be any such) allow Communion of wives: This takes away property, The sword must divide this quarrell. Or with the Papists, that it is lawfull to kill Kings: that faith is not to be kept with Heretiques: I conceive in all these, (and cases of the like nature) the decision lyeth in the Magistrate; for these tenets overthrow either Civill Government, or, civill converse; The Church must not goe out of her bounds.

But if the Question be, how you will expound such a Scripture: what Gesture you will use in such an ordinance: what man is fit to be excommunicated: what deserveth excommunication: what is Idolatry: what is wil-worship: what superstition: what is the punishment of those crimes: who shall judge but the Church?

The Prince hath granted to such a Body by Charter, such priviledges, such offices, who can interpose but the power instituting? Christ hath given us a platforme of Church government, with the offices, and officers; who may here intermeddle, but Christ himselfe?

It is most true when the Church findeth any refractary, and thereupon doth excommunicate him, he fals into the hands of the Civill Magistrate, if he continue pertinacious, and not before.

When Parliaments doe consider matters of Religion, they doe it to deliver the Church from some who would impose upon her; who would take the keyes from her, that by the help of these keyes, they may wrest the Scepter out of the hand of Soveraignty, which God forbid.

And whilst Parliaments labour thus for the Church, dealing no further in the affaires of the Church, than by Scripture they may, certainely they doe well; but if they once exceede their bounds, the issue will be Confusion instead of Reformation.

Church and State government differ as much as the Sexes. Yet as there may betweene These be an happy union: (Both keeping their bounds whilst the Husband hath the supremacie;) So may there be betweene the Church, and State a sweete harmony. The State having Committed to it the custody of the ten Commandements, and yet the Church preserving to her selfe Her rights.

If the Church swallow up the State, as it is in Popery, and Episcopacy, the issue will be slavish, grosse superstition, and stockish Idolatry. If the State overtop the Church, there will be ignorance and atheisme: but give to God that which is Gods, and to Cæsar that which is Cæsars: and both Church and State will fare the better.

Thus under favour, both by reason and president it is cleere, that any Church policie besides Episcopacie, (though onely one by right ought) may stand with Monarchy.

CHAP. X.

Who it is that opposeth, and exalteth himselfe above all that is called God. Who is properly a Papist: and what is Popery: Why the Pope is most properly Antichrist: How such Episcopacy differs or agrees with Popery.

VVHen I say, Any Church Government may stand with Monarchy, or other State-Policy, I desire to be understood of any Church Government well regulated: Which as I cannot conceive of our Episcopacy, so I must againe publiquely protest, that I verily beleeve This kind of Episcopacy is destructive, not onely to Good Monarchy, but all other State Policie whatsoever.

I meane not now to runne over, so much as the Heads of my former discourse: Every particle of which is to represent, how incongruous, and incompatible to true Policie of State, Our Bishops Place, Calling, and Office is, as now it stands establisht in this Kingdome.

If any man shall yet dissent from me in this Cause, I shall now onely intreat him to view one place of Scripture, which yet perhaps at first glance may seeme to make but little for my purpose: but it is an old Maxime among Interpreters, Non est hærendum in Cortice, we must not rest in the Letter. Let us therfore a little examine the Text, and if I be not in the Right, I will gladly learne of any that can better informe me.

The Place I meane, is that which of old in the Primitive Church was wont to be more perused, and examined, than I thinke it is now, or hath beene of late: and I cannot much wonder, sith I see all men view the Sea, and well consider it at distance from the top of a Cliffe or Rocke; but when they are once falne into it, they shut their eyes, winke, and care to see as little as may be of it, while they have so much round about them.

I must not detaine you too long without, lest you thinke my Porch longer and bigger than my House. It is that of the Apostle to the Thessalonians, Ep. 2. ch. 2. ver. 3, 4. specially those words: Who opposeth and exalteth himselfe above all that is called God, or is worshipped.

For the understanding of this place, we must premise This, that it must not be taken as spoken of One single person: but a Compages of many, either existing together, or else succeeding one another; yet agreeing together in this great Apostasie, the maine thing here spoken of. And in this I have but few Adversaries: None I thinke, but some few of the Romish faction, that maintaine the grand Deceiver, False Prophet, or Apostate (for so I rather call him, than Antichrist, though I doubt not also but he is most truely Antichrist in Re ) shall come onely in the end of the world, and indure but three yeares and an halfe: which yet begins to sound but ill among the Romanists themselves.

In the next place I affirme, this Man of Sinne (for so I must stile him) is not of the Laity, over whom (even over their Princes and Gods) he exalteth himselfe; but of the Clergie, For he sitteth in the Temple of God.

Being come so farre (without any Reall opposition) I now demand, Who This Man ( Compages or Systeme of Men ) is, or can be? The Pope, I suppose will be answered by most of our Church. And I yeeld it so; beleeving Him to be principally intended here. But if I can prove that Popery properly taken, is the same in Re, with Our Episcopacy; or at least that This is but a Piece and Part of That Mystery of Iniquity, then I hope it will be granted, that such Episcopacy is also here intended: and per consequens, that such Eposcopacy is altogether against true Policie of State, because it opposeth and exalteth it selfe above All that is called God, c.

This therefore is now my Taske, to prove that Our Episcopacy, is the same Really with Popery, taken Properly.

Let us first then see what Popery properly may signifie: for, for ought I yet see, the world is scarce agreed in this particular. I cannot conceive that All Errours or Heresies held by some (nay all) Papists, may in proper speaking be called Popery, Most (I hope all) of the Papists agree with us in many Truthes, and all is not Heresie in which they Differ: and yet All heresie in them, not proper Popery. No not every Error or Heresie in the Pope himselfe can proprie loquendo be said to be Popery. There are many Things the Papists hold in common with many, if I may not say, All Heretickes: yet none ever properly called All Heretickes by the compendious Name of Papists. Many points are not yet so fully determined among themselves, but that some of them affirme, and others deny of the same subject. All of them will not agree about Originall sinne, Free will, Merit, c. In this last (which yet is one of the most fundamentall points of controversie now betweene us) I see many of them comming so neere the Truth, that one must have a quicke sharpe eye to see where they come short: for many of them yeeld Our workes doe not properly merit as Ours, but as Tincta sanguine Christi, as dyed in the blood of Christ; yea and some are not rigid in pressing the phrase Merit, in its proper sense, so that perhaps Their most refined opinion in This, may be more dangerous in the Consequence, than substance or forme of it.

Nay, before the Councell of Trent, (before which yet Popery had beene long in the world) most of their Tenets were so much indetermined, that scarce any of them knew what he was to hold and beleeve; yet he was a Papist then, and is so still, and yet to this Day I thinke there is scarce one Doctrinall point, in which they all agree.

We must then consider what that is which Denominates a Papist, and may properly be called Popery. It must sure be somewhat Essentiall (as I may speake) to that Church, so that without this, it could not be called a Popish Church.

That is doubtlesse such and such Dependance on the Pope: This is in the Popes subjects truely Popery; and this Dependance on Him, is perhaps expressed by receiving his Name or Character in the Apocalyps. In the Pope himselfe, it is not this or that errour, this or that Heresie, but such an Independance, such a Lordship, such a Prelaticall Tyranny, over civill and Church estates, that is illegible ’ἐξοχὴν Popery. And this is it that is so emphatically expressed here in This place to the Thessalonians, He opposeth and exalteth himselfe above all that is called God, c. And the exercise of this Popish Tyranny is lively limn’d out in Apoc. 13. ver. 16. 17. And he caused all, both small and great, rich and poore, free and bond, to receive a marke in their right hand, or in their foreheads. And that no man might buy or sell, save he that had the marke, or the name of the beast, or the number of his name.

This Tyrannicall Prelaticall Power and Dominion, which the Pope usurpeth and excerciseth (contrary to Gods Word) over Clergy and Laity, Princes and Subjects, in their estates and consciences, is in Him, (as in His Clients, yeelding and submitting to this Popish Prelacy ) True Proper Popery. And This is the Giving, Imprinting, or forcing of a Name, Character or Number, on the Popes part, as Receiving This on the part of Papists: though I have not now time, at least not opportunity, to discusse how much the Popes Name, Character and Number may differ. I doubt not but all are parts of That Prelaticall, usurped Power which is truly Popish; and received by Papists, as Servants and Souldiers of old received their Lord’s and Commanders Tessera, or Character in their hands and foreheads. But God also hath impressed his Motto on them all, let them read it and tremble; Apocal. 14. 9, 10. And the third Angel followed them, saying with a loud voyce, If any man worship the Beast and his image, and receive his marke in his forehead, or in his hand, the same shall drinke of the wine of the wrath of God, which is powred out without mixture into the cup of his indignation, and he shall be tormented with fire and brimstone in the presence of the holy Angels, and in the presence of the Lambe.

God hath beene pleased to parcell out Church and Commonwealth as severall and distinct Governments: yet so that Princes should be Custodes utriusque Tabulæ, as was said before.

God hath beene pleased to make, appoint, and leave the Ministers of the Gospel Brethren, and hath permitted none of them a Lordly Prelacy above another.

But now the Pope comes, with a wide mouth, and swallowes downe at once, all Civill and Ecclesiasticall power; Challengeth to himselfe, not onely the Keyes, but the Sword; not onely Papall Dominion in Ecclesiasticis, but Regall also in Civilibus. This Usurpation of His, is properly Popery; and this robbeth Christ of his Regall Office.

As every sinne breakes all the Commands, (the whole Law) yet some sinnes doe more properly intrench on some particular command: so also is it in all Heresies and errors. All some way oppose the whole Law of Christ, and all the three Offices of Christ; yet some more properly One of these Offices, some another. As the Doctrine of Merit, de Condigno, Congruo, of Condignity, and Congruity, encroacheth on Christs Priestly Office; the Alchoran mainely against his Propheticall. But Popery most properly strikes at his Kingly Office and Authority. For it is Christs Kingly Office to bind Kings in Chaines, and Princes in Fetters of Iron, if they resist him. And He that usurpes this Power and Priviledge, labours to unthrone Christ, to sit above him, and so properly opposeth and exalteth himselfe above all that is called God, or is worshipped. This is the Pope, and this is Popery. Yea I may adde, this is truely and most properly Antichrist; though indeed perhaps not that Antichrist of whom Saint John speakes in his first Epistle, Chap 2. 22. and 4. 3. who, it may be, was Ebion, or Cerinthus, or some other: though perhaps also Saint John might speake that of some Lordly Prelacy, which beganne (though but to dawne, if I may so speake of that darke mystery, beginning to shew it selfe) even in Saint Johns daies: for in some respect we will not stand to yeeld a Bishops Pedegree might perhaps extend so high: for even then Antichrist was conceived.

However, I doubt not to affirme the Pope is now most Really, Truely, and properly, the Grand Antichrist. For such is He most properly, that encroacheth on Christs Regall Office. This being it, which now (of all the three) is most proper to him in his Glory: and this he hath received as a most glorious Reward (if I may so speake) for all his sufferings in his humane Nature: and this I thinke the Scripture Language, ( Esay 53. 12. Psal. 110. 7. Phil. 2. 8, 9, 10, 11. 1 Cor. 15. 27.) His Priestly worke was for the most part accomplisht in his Death; His Propheticall Office, as it were resigned over to his Holy Spirit; But his Kingly Office is his owne propriety, (till the end come) and so he that opposeth this, is most truely Antichrist. This is the Pope, and this is Popery.

Now on the other part, if any man please to survey Episcopacy with an unpartiall eye, he shall find this kind of Episcopacy, and Popery to be all one in Re, for they have the same Rise, the same Media of their progresse, and the same End.

The rise of Popery, was by overthrowing Christs Ordinances, and setting up of his owne. That this may appeare the more distinctly, give mee leave to shew you the Bishops boldnesse in the particulars of it.

Christs Ordinances in the New Testament, are either concerning Doctrine, or Discipline. I confesse the Pope hath made great assaults upon the doctrinall part; but what he hath done in that kind, he hath done many times by gathering up the regorgements of others, and so they are not his owne: or as an Heretique, but not as Pope, for the reasons which I have even now mentioned.

But he hath plaid his part mainely in point of Discipline: This most properly belonging to Christs royall Office, as Doctrine to his Propheticall.

In the Discipline there are two things considerable.

1. That which concerneth the Officer.

2. That which concerneth the Nature of his Office.

In the case of the Officer, you have his Accesse to his Office, and his Execution of the Office. In the first Election and Ordination are considerable.

By Gods rule his Election is to be by the people; his Ordination from the people by the hand of the Presbytery. By the rule of Popery, a Minister is Ordained by the Pope, and his Substitute, and is elected by the same power, and in the same way. And as their Schoole darkens (with a mist of their termes) what they cannot cleere: So doe These; to cloud their swarving from Christs rule, They raise up new termes, and instead of Election, have Presentation, Institution, and Induction. The first is done by the Patron, the second by the Bishop; a way which Christ never knew. It is so well knowne to all men that Episcopacy traces these very paths of Popes, that I shall not need to say more for this part of their Identity.

In the execution of his Office there are Acts of two sorts: some wherein he hath a Joynt power with other; some wherein he is a sole Agent: he is sole in Church preaching, and in administration of the Sacraments; he is coadjutor to others in Admission of members, in Excommunication.

Under the Papacy, the Minister or Priest hath the power of Preaching, and Administration according to Gods Law (and this onely with relation to the Bishop, who in his Church superintends:) But in the other he hath no power at all; it is wholly given up to the Pope, and by him committed to the Bishop. And thus the Pope may truely (while he is Dominus Dominorum ) stile himselfe servum servorum: for he impropriates all Offices to himselfe; and in liew of coadjutors given by God to the Minister, the Bishop hath Officers appointed him by the Pope.

The Coadjutors of the Ministers by the Word, in some cases were the People, in some cases the Elders and Deacons, and sometimes People, Elders and Deacons: but the Pope in lieu of these hath instituted another generation of helpers; and lest that true name should reduce true Officers, he hath given them yet another title, as Apparitor, Surrogate, Chancellour, Officiall, Commissaries, Deanes, Church-wardens, Overseers of the poore. In all which Episcopacy, and Popery have so twin-like a frame, that seeing one, you see both; Nec Sosia Sosiæ similior, nec simiæ simia, Sosia is not more like to Sosia, nor an Ape to an Ape: And so I leave that point, which concernes the Officer.

In the Nature of his office it is considerable, first, What the worke of his Office is: secondly, From what power: and thirdly, in what manner he doth it.

For the first, the subject matter of his office is Administration of the Sacraments, Preaching, Admission of members, Excommunication. In reckoning these, the Pope conformeth to Gods Word, and so doth Episcopacy; for if we will erre, we must sometimes goe right, and then we may transgresse with lesse suspicion.

But consider from what power the Minister of the Gospell Acts. Hee ought not to borrow his Commission from any but from Christ, from Scripture; and he ought to keepe close to That: now the Papacy is wholly steared by Traditions, Decretals, Councells, Canons, Colledge of Cardinals, and the Pope in the Chaire, where he cannot erre in matters of Faith. The Pandects of the Civill Law, are too too boystrous, and of too great extent for any Civilian to comprehend; and yet that body of their learning is boyled up to such a degree that it runues over, and no memory is able to attaine it, more than to compasse perfection in the learning of the Chinoes, where the A.B.C. amounts to 10000, letters. Constitutions crosse one another, and almost all fight against the Gospell of Christ.

Doth not Episcopacy ( Simagna licet componere parvis, If I may compare great things with small) according to its modicum, doe the same? I confesse with them the Scripture is the rule: but who must expound this Scripture? Synods, Councels, Convocations, Bishops, Archbishops. Some of these sometimes, sometimes all of them. And though by their owne confession, these bind not mens Consciences, yet they bind them to obedience: which obedience they doe precisely challenge, and when they faile thereof, they doe without the least scruple of conscience, proceed to Excommunication, fine, imprisonment, deprivation, and what not? In the meane time it is held a sin for a Lay man at all to thinke of these studies. The Priests lips (they say) must preserve knowledge: It is a sad case (say they) when men with unhallowed hands will touch the Arke, and with unsanctified eyes, pry into these mysteries; and so these men, making the Scripture a Rule in appearance, doe in truth Monopolize all to themselves: This is just and flat Popery.

In the last place, the Manner which God hath prescribed, is that every thing be done in decency and in order: with what singlenesse and plainenesse may be: without any addition of mens inventions. The Pope carrieth on his Jurisdiction with pompe, and much outward glory; They have commissions, Injunctions, Charters, Seales, Secretaries, Clarks, and a thousand other inventions, to grind the face of the poore. Episcopacy hath its Courts, Summons, Clarkes, Seales, with other ceremonies of the like nature.

Christs rule is, that Ministers of equall ranke, shall all have equall power. Apostles indeed were above Evangelists, and Evangelists above Pastors and Teachers: but one Apostle was not above another, nor one Pastor did not superintend another. The Pope hath Priest, Bishop, Archbishop, Primate, Patriarch, Cardinall, Pope. And Episcopacy hath Ministers (now called Priests) Deacons, Bishops, Archbishops, Primates, c.

The Scripture commandeth Preaching in season, and out of season; but with the Pope, and our Bishops, all preaching is now out of Season, I am sure out of fashion in themselves; and cryed downe in others: for with them, Ignorance is the mother of Devotion.

The Scripture alloweth but two Sacraments; the Pope addeth five; and our Bishops are ambiguous. Two onely (they say) are generally Necessary to Salvation; which may clearely intimate, that there are More than two; though perhaps not absolutely Necessary to Salvation, or though necessary, yet not Generally necessary, to all men, in all times, states and conditions whatsoever. And so much the Papists yeeld of their five Sacraments, nay, of fixe of their seven: For, onely Baptisme (they say) is absolutely and generally necessary to salvation; the Eucharist even with them, is not necessary to Infants, much lesse Matrimony, Orders, Confirmation, Penance, Unction. In what doe our Bishops then differ from Papists in this?

How doe they differ in Baptisme? Both Pope and Bishops hold it necessary, absolutely necessary to salvation. Yea, the most Moderate of Both, maintaine a generall Baptismall Grace, Equally confer’d to all partakers of that Sacrament. Indeed Our Bishops doe not openly use Salt and Spittle, but yet they retaine the Crosse, (perhaps much worse) and begin to claime spirituall alliances, as the Papists doe.

In the Lords Supper, the Pope makes (rather than findes ) an Hostia, an Altar, a Priest, asd this Priest must offer for the sins of the Quicke and Dead. Our Bishops must have Priests, Altars, a Sacrifice, Corporals, and what not that Papists have? to say nothing of their Times and Gestures, which sure the Scripture never so determined, much lesse excluded any that could not yeeld to such and such circumstances, which none ever thought could be more than Indifferent.

In all Ordinances the Scripture now speakes of no other Holinesse, than that which is Spirituall, Rationall, the Holinesse of the whole man. The Pope hath found out new Holinesse, which he puts on Places, Times, Vestments, Bels, Tapers, Water, Wafers, Copes, Basons, Pots, and Cups, with other Vtensles.

And doe not our Bishops so also? What meanes such rigid pressing of Holy daies? Bare heads in Churches? Holy Surplices? What meane they else by their Holy Chalices? Holy Knives? Holy Patents? Holy Vtensles? all which may be so sanctified by a devout Priest, that they may become profitable to the Soules of those that use them. How then doe our Bishops differ from Papists in administring Sacraments, Manner of all Ordinances?

And is there any greater Difference In Admission of Members, and Excommunication ? This last being the last and greatest Censure of the Church, by both Bishops and Pope, is made not onely most Common (as the humour moves them) but also most Ridiculous; being the usuall appendix of one groat short in our Reckonings with our Lord Bishops Register, Proctor, or Apparitor.

I would not be mistaken here; I bring not in these Things of Doctrine, or Discipline, as if by agreeing in One or Many of These, I might convince Bishops and Papists (or the Pope) were all one. The maine thing I drive at in all this, is the Originall fountaine from whence All These spring, and all the bankes that keepe in These Rivulets; That vertue and power which moves and actuates all these in their proper Channels: And This is Papall.

For, what ever the Pope doth of his owne head, by his owne Power, Dictating to his Vassals, as Head of the Church, This is truly Papall, and such is the Power by which They usurpe so much over mens persons, and consciences, in injoyning and pressing such or such Doctrine or Discipline.

So that a Bishops wearing a Surplice, Cope, Miter; using the Crosse, Bowing to the Altar, and many such Things (though they may be Errors, yet All These, or One of these) makes him not a Pope, a Popeling, or properly Antichristian: But Receiving these from the Popes Dictates, doing them because he commands, acknowledging his power in commanding; This makes a Papist: and Commanding them, Pressing them on Others, in such Despoticall power, makes a true Pope, a Reall Antichrist.

Nor may Our Bishops Eva de by This (which I easily see will be answered) that though indeed they doe these things, and command these Things; yet they neither doe them from the Popes Command, nor Command them in the Popes Power.

Though I should grant This, which yet many wise men will not grant, (for, Our Bishops first Power came from the Pope, and of late also We have found letters, advice, commands, Dictates from the Pope, to some of our Bishops; and that in Matters of greatest Consequence, both for Church and State; But grant all they say, yet they may be Antichristian, and so such in Re, as the Pope is; though not literally Romanists, Except they do, or command, in the power of Rome.

This I shall be bold to affirme, and maintaine, till I see better Reason, that He (whoever he be) that commands the least tittle of Doctrine or Discipline, meerely Ex imperio voluntatis, in his owne Power, and Authority; without Licence or Warrant from Scripture or Right Reason, (where the Scripture hath beene silent) though the Thing he so commands should happen to be good in itselfe: Yet He in his so commanding, is not onely Tyrannicall, but Antichristian, properly Antichristian; Encroaching on the Royall Office of Christ, which is truely High Treason against God; and most properly Antichristianisme. I care not whether we call him a Pope, Papist, Romanist, or any other name; I call him Antichrist: and if you will call Antichrist by the name of Pope, I call such an Imperious Commander amongus, (though he have no shadow of Dependance on Rome, or Romish Pope) an English Pope, I meane an English Antichrist.

I need not spend much time in shewing by what meanes either the Pope or our Bishops began, and continued to be so Antichristian: Du Plessis and Others have sav’d me this labour. In a word, they have beene These. With one hand they have laid pillowes under Princes, and all Governours (appointed by God) that so they might fall softly, while they thrust them downe with the other (the stronger) Hand, Arme and all. When These have beene so surely, though gently, laid downe asleepe; They have beene bold to tread on them, (yet with Plush slippers, lest they should chance to wake, stirre, and get up againe) and by Them, as so many staires or steppes, mount up themselves into this Height of Tyranny. Thus have they still opposed, and advanced themselves, against and above All that is called God, or is worshipped. And If with your owne thoughts you will please to goe on in the Chapter, you will finde some other Media (as Lying Wonders, and others) by which they have ascended.

I shall not neede to parallel Popish and Episcopall Media to Their Height. All the world sees them now, For, they were not done in a Corner.

What meanes their crying up an unjust and illimited power in Princes? Is not This their bleating out of an illegall unwarranted Prerogative (with which all our pulpits have rung of late) intended to tickle Princes till they be luld asleepe? or to sow pillowes under them, till They themselves can thrust them downe; not onely from that Tyranny which Bishops would perswade them to usurp; but also from their wholsome and lawfull prerogative?

What meaneth their Buzzing in Princes Eares, That Kings cannot stand without such Bishops? that if they should be put downe, the Church, and State too, must needs be Ruined? to This purpose they cry Blood, Blood; They can never fall without Blood: so some of them have vaunted. But Let them remember what Christ said to One (to whom they so much pretend) He that smiteth with the sword, shall perish by the sword. They know also whose Coat was sent home to their Holy Father, with this Inscription (written with his owne blood) Judge Holy Father whether This be Thy Sonnes Coat or not.

I have not forgotten how they have dealt with the People, Ministry, Gentry, Nobility, All sorts of men: For they have many staires to step up by, to such an Height; but Princes are their highest steps, their first Aime.

That which they have most sounded in the Peoples Eares, is the Church, the Church, the Temple of the Lord, the Temple of the Lord! by This, as by a stalking horse, they have come much neerer then else they could. But now their Vizard beginnes to fall off; and Men beginne to see the true power of the True Church; and the Tyranny of that Antichristian Mock-Church; which under the Maske of Indifference, hath brought in most abominable Superstitions, and most intolerable slavery on the Persons, Liberties, Bodies, and Soules of Men. For they have pressed Consciences, even unto Gasping: yea, and would not be satisfied, though they daily heard the sighes and groanes of those bleeding hearts, which themselves had stabd with the poysoned sword of Church-Indifference.

Indeed they have used Both hands, and have stricken with Both. What the Keyes could not break, the Sword hath cut. And it had been much more tolerable If This Sword had pierced no farther then the Eares of Men: with which they have yet beene much more busie then He was, whom they bragge to have beene their first Predecessor. Yet me thinkes it was a sad Omen that this Sword should cut off the Eare of Malchus, which signifies (they say) a King, or Kingly Authority. At This they strike indeed, through the Eares, and Hearts of so many Loy all Subjects.

We neede not seeke their End, in all This. It cannot be doubted, but by all These Meanes, they aime at One End, (which is also the Popes ) to pull downe all Other Power, and set up their owne. Thus, Thus they Oppose, and Exalt themselves above All that is called God, or is Worshipped; as is more fully represented in another place of this Discourse.

Now let any man Living speake: Are These Bishops, These Usurping Prelates to be suffered in a Church, or State, where there is any respect to Right, Church Government, or True State Policie? since it is Evident They are truly Papall, most properly Antichristian; and as Antichrist, must Oppose and Exalt themselves above all that is Worshipped, or Called God: Which is most True Popery, (as hath beene demonstrated) And as Popery, Destructive to all Church and State-Policie.

Doubtlesse some such Apprehensions as This, wrought in their Breasts, who being offered, have refused Bishopricks; and being possessed, could not rest till they had Dis-invested themselves againe.

Histories are full of forraine and Domesticke Examples of This subject. Such was Niceph. illegible chosen Patriarch of Constantinople. Weringbaldius chosen Bishop of Triers. Theophilus Bishop of Adiana. Aminonius cut off his Eare, (being Bishop) that so he might be uncapable of That Function. Eugenius (the Philosopher) left his Ministery rather than he would bee a Bishop. Bassiances an Elected Bishop, was by Memnon whipped before the Altar (three houres together) because he would not be made a Bishop. Adrian (with us) refused the Archbishopricke of Canterbury, being pressed thereunto. Two or Three Popes might come into this Catalogue; Clement the first was One: Et quis suit Alter? Shall I name Marcellus? He neither refused, nor resigned the Papacie; yet solemnely professed he saw not how Those that possessed such high places could bee saved.

O but had These piously considered what good they might have done in such high places, or duely remembred their Owne, or their friends, advancement, they could never have done This: But illegible nulla cupido, Men desire not what they are ignorant of.

For answer to This Objection, I shall give you some instances of Those that have resigned up their Bishopricks after they had held them long enough for a full Tryall. Yea perhaps there be more of This kinde than of the other, though the Proverbe be, Ægrius Ejicitur quam non admittitur Hospes, It is harder to throw out a man, than at first to keepe him out.

Of These were Vlbranius Bishop of Shetune, Arnulphus Bishop of Ments, Addo Bishop of Lions, Vicerbus Bishop of Ratisbone, Henger Bishop of Ments, Michael Bishop of Ephesus, with many more.

Amongst our Owne was Edmund Boniface, and Robert Kalwarby, (Both Arch-Bishops of Canterbury ) Will. Beavose and William De Sancta Maria (Bishops of London. ) One of Lincoln, and Two of Coventry. I may adde Miles Coverdale, who being deprived in Queene Maries dayes would not be re-invested in Queene Elizabeths, but taught a Schoole. There is One Pope Coruelius: And Gregory the Great, must not be forgotten; who said, He that affects the Primacie of the whole Church, must be Antichrist, or His Predecessor.

If some few Walloons, or men of Geneva, should declaime against Episcopacie, They would prevaile but little, because it would be said of Them, perhaps (as of That great disturber of the Church of old) Insaniunt, quia non sunt Episcopi, They rage, because themselves are not Bishops: But now Ex Ore Tuo illegible Your owne mouths shall condemne you. Bishops contend with Bishops: not with Words, but Deeds. I beseech you consider that Flesh and Blood is not wont to refuse, or part with such great Advantages: Sure we may conclude there is somewhat that stings within, Latet Anguis in Herba, There is a Snake under the greene Grasse. These Good men, doubtlesse, found a Sting, and they would not kicke against Prickes.

When Saint Paul (a Great Philosopher ) bids us beware lest we be entangled with Philosophy: When Solomon (who had tasted all the dainty Cates Nature could provide or dresse) cries out, All is Vanity, All is Vanity: When Bishops themselves (who have fully enjoyed all the sweetnesse a Bishops Honour can afford) shall pause and cry, It is Enough, It is Enough, Non iterum bibam venenum, I will drinke poyson-no more, (as once Dioclesian, of his Empire ) Sure there must be something worth reflecting on; a faire warning for our Present or Future Bishops.

O you Judges of the Earth, why will you not be wise? O you Senators (for such our Bishops are) why will you not learne Wisedome? God forbid that of You should be said (what the Spirit speaketh of some) Why should they be smitten, They rebell more and more? Why should they be reproved, They will still doe foolisbly ?

Yet but for a little while; For I am consident yet, within few Yeares, if not Moneths, if not Dayes, the God of Peace and Truth will deliver his Church of This heavy yoke, from which (with the Letany Give me leave to conclude) Good Lord deliver us.

SECTION II.: Considereth how Consonant such Episcopacy is either to sound Antiquity or Scripture.

Chap. I.

Some Antiquities produced by a late most learned and Reverend Patron of Episcopacy, are discussed.

Having cleerely proved how uncompatible Our Episcopacy is to Civill Government in State Policy; let us now consider whether if may shelter it selfe under the Mysterious Covert of Antiquity.

I could heartily wish, that in matters which receive their being from Scripture, so immediately as Church Discipline doth, wee might make the Scripture (which is a sufficient rule) our sole guide, our sole moderator. But as Heretickes in the day of Judgement shall cry to the mountaines to cover them; so Heresies now also, fly to the craggy rockes of remotest times: and in such darke corners hope to shelter themselves.

Thither also we will follow them, quo fata trahunt, whither their destiny drives them, we will advance. Not doubting but to unkennell those little Foxes: hoping even with Goliah’s sword to lay Goliah in the dust, and bring the five uncircumcised Princes of the Canaanites, to their just censure, before the King or Captaines of the Israelites.

There is a most Reverend man, famous for learning, (especially for that learning which is not open to every eye) hath taken upon him the defense of this Cause: I shall therefore in few words present to Him my thoughts upon those His determinations; Concluding with Philip of Macedon, that if I can but win the chiefe City, the whole Countrey is gained: Then I shall see, whether Those things which are pressed by others, be not altogether ineffectuall to determine the point which they dispute. And so I shall leave the decision of This, to the judgement and opinion of the learned.

Before I consider that Treatise in the parts of it, give mee leave to say that which is most true, and I hope will satisfie all men. If every word of that his booke were true; yet it is little to the point: For the Question is nor, Whether there have been Bishops ever since Christs time; but, Whether these have had power over their brethren: or, Whether one Bishop hath had Jurisdiction over another. And this Question is double.

First, Whether they have had any superintendence one above another.

Secondly, Whether this hath beene mixt with that Lordlinesse which now is used; forcing obedience by the edge of the Sword, where the Keyes can give no entrance: And of this, in the whole booke there is not the least hint, ne gry quidens. Though this also were not enough for our Question; which is not only of their Lordly power in Ecclesiasticis, but also in Civilibus.

In the first Querie, we shall quickly joyne issue; agreeing with our Antagonists, that there have beene Bishops ( viz. Ministers of the Gospel) who have had a Scripture power in matter of Government, over particular flocks: but the other wee doe absolutely and confidently deny.

First, heendeavoureth to prove the succession of seven and twenty Bishops, in the seat of illegible and this he essayeth by one single (not to say simple) witnesse, a certaine man named Leontius; whose writings have not delivered him famous to us for learning, nor his exemplary holmesse (mentioned by others) famous for piety.

Truly, a man of greater authority than he, (as Papias, Ignatius, Polycarpus, who, almost all, knew the Apostles) shall not be of credit sufficient to sway my faith in this point: Not but that they were most worthy men; but because all Antiquity hath passed the refining pot of the Index expurgatorius, I shall consider well, before I subscribe. And shall I then give credit to an unknowne Author, in these things that were acted almost five hundred yeares before his birth? Let the world judge whether it be equall.

Neither is this Author quoted, from witnesse of his owne; but out of a Councell. Now how Councells have beene abused, those who have ever had place or note in great Assemblies, can too well tell: where there is almost no Order drawne up, but after a serious review, reducing the mistakes of the Clerkes, to the sense of those who did frame the Order, which might else come forth disorderly.

By what I have already said, That other testimony brought from a fatherlesse Treatise of Timothy ’s Martyrdome, cited only by Photius, (alearned man, who lived seven or eight Centuries after Christ) will be of no weight: for Photius doth but say he read it. Hear-say in matter of judicature is no good testimony: and reports in matter of opinion, at the second hand, are good to amuse those who deifie venerable Antiquity; but will never edifie those who desire to bottome their resolutions upon sound Reason.

The testimonies of Felix, John of Antioch, and Theodore, are not of age sufficient to be registred among the Ancients, or to bee valued because they are old. I confesse, I set a greater value upon Ignatius and Irenæus, who affirme, Polycarpus was made Bishop of Smyrna, by St. John; but this must not be of undeniable authority.

For of Ignatius I shall affirme this, that All those who are any whit learned in Antiquity, know that five of his Epistles are spurious; and how unmingled those are which we allow to be his, we doe not know, who looke upon Antiquity at such a distance. But allow it to bee true, that Onesimus was Bishop of Ephesus, Polycarpus Bishop of Smyrna, c. This may be true, but evinceth in no measure the Question in dispute; Which is not of a Bishop in generall, but such a Bishop.

The Authority of Tertullian also, is of the same credit: Hee tells us that Polycarpus was placed by Saint John at Smyrna; and at Rome Clement by Saint Peter. This no body will dispute (though I am not bound to beleeve it.) But where is the stresse of this Argument?

In the last place, that of Clement Alexandrinus is as much questioned as all the rest. But allow it to bee true, that John did appoint Bishops, they have gained nothing; for I shall allow that Christ also hath instituted Bishops, and that Bishops are Jure divino; yea, I will allow that they are to feed Christs flocke, to rule Christs inheritance, in Christs sense: but I shall never allow of these Bishops, which are now the subject of our dispute.

There are Three sorts of Bishops, as Beza saith: There are of Gods Institution, and they are those who have a power over their proper flock, with the rest of the Church; and no other. There are also of Mans Institution; and this ever overfloweth into the Neighbour Parish. And lastly, there is a Demonicall Bishop; and this is he who challengeth the Sword, as well as the Keyes.

This last may well be stiled Demonicall; for sure God never erected this order; nor Man in his right senses: Where it will then fixe, is cleere enough. Even on him, Whose darke Mysteries, most of these men have beene very well acquainted with.

The long Robe and the Sword doe not well agree. To see a Lawyer tyed to his Sword till he put off his Gowne, is not so comely; but to see a paire of Lawne sleeves to stifle a Scepter, if it were but on a stage, I would cry out, Spectatum admissi risum teneatis, Can you see it, and not burst out into laughter?

Chap. II.

Our Bishops Election, Delegation, c. examined by Antiquity.

THus having run through that little Treatise, (yet with some wonder, that a person of his profession, piety, and knowne learning should doe that, which might in any sense seeme to impose on those whom hee loveth) I proceed to some other things, which I finde produced from Antiquity, by the greatest Patrons of that kinde of Episcopacy which we now oppose.

Yet by the way, I must note here also, That either none seeme to state the Question (betweene us) right; or else, all seeme to desert it.

Our Question (as I have often said) is not of the name of Bishop or his power in Ecclesiasticalls only; but also, and mainly of his Civill power, and Temporalls. Which all the Patrons of Episcopacy seeme to shun, as a dangerous Rock; and hovering aloofe off, goe about to prove by Antiquity, that Bishops had this Name, and some power even in the Primitive Church; which (though I thinke none can force me to beleeve, yet) I dispute not; But demand whether any Bishops had such power in Ecclesiasticis, Civilibus, as ours now have in England.

Yet, because they insist so much on Antiquity, for Ecclesiasticall Episcopacy, I will be content to follow them there also; beleeving we shall finde no one foot-step (in true Antiquity) of such a Bishop as wee now have established in England, though we should strip him of all Civill power, and consider him only in Ecclesiasticis.

Shall I begin with his Election ? which indeed is somewhat higher than they use (perhaps dare) to begin. I can produce many Antiquities to prove the Election of all Church Officers, was in the People; yea, and that for divers ages after the Apostles; who indeed at first appointed these themselves: and good reason why, when there were no People to choose their Officers, till converted by the Apostles; who afterward left This Power to the Whole Church, rightly constituted. And this continued in the Church for divers ages: as appeares by Constantines Epistle to the Church of Nice; Athanasius also ad Orthodoxos; And Saint Cyprians sixth Epistle; with many instances more, which might be, and daily are produced.

It is true, that after the Apostles, and purer times of the Church were gone, the Clergy began to lord it over the people, and to bereave them of their due priviledge; yea, oft times agreed among themselves to choose One Superintendent (as we may call him) whom they called Father, and Bishop; and in this perhaps they did not amisse, if this Bishops power rested only on the Clergy, and never reached to the people; who else sure by all reason should have had a vote in choosing any Officer, much more such a great Commander.

But let all the Patrons of Episcopacy produce me one sound Antiquity for such Election, as is now in use with us. Let them from undoubted Antiquity for three hundred yeares after Christ, (nay much more, for I easily see their evasion) let them, I say, shew me but one instance of our Conge d’eslire: It is the thing I speake of, not the Word.

Let them shew me (except in the darke times of Popery) power given to ten or twelve Men (except all the Clergy explicitely consented) to choose such a Bishop. And yet this is not halfe that which lies in our, Elections; which indeed are not at all made, by so much, as the Chapiter of any Cathedrall, but received only by those who dare not refuse it: but of this I spake before in the first Section.

I am Content to passe their Election, (which I perceive none of them care much to examine;) and come to the Execution of their Office. In which I might instance in two or three maine points; as sole Ordination, sole Jurisdiction, Delegation, c.

I meet with none that take upon them to defend this last; which as a Great States-man observed many yeares since, was a thing at first view, most monstrous, and unreasonable. For, will any man living thinke it reasonable my Lord Keeper should, adplacitum , delegate whom hee will to keepe the Seale, and judge in Chancery, without consent of his Majesty and the State, that entrusteth him with this great Office? Yet These Men hold it fit to entrust a Vicar Generall, Chancellors, Officialls, Surrogates, (and yet under Officers ) to keepe the Seale, yea, weild the Scepter of Christ, and all the Church, which yet they say is entrusted with them. But with whom have they left the sheepe in the Wildernesse? Were there nothing else but this, I cannot but hold our Episcopacy an intolerable Tyranny; seeing a Bishops Dog, (I am not much amisse) lording it over the People, Ministers, Gentry, Nobility, All: while his Master is perhaps Revelling, Dicing, or doing worse; for worse they doe.

Nor is this any way to be helped, while to one Lord Bishop is granted so vast a Territory; which yet hee commandeth as absolutely under that most significant terme of Diocesan, Primate, or Metropolitan, as any Temporall Prince can doe, by the name of Earle, Duke, King, Emperor, or any other.

I oft remember the dry Oxe-hide, that was brought to represent Alexanders great Dominions: But I see them so farre from standing on the middle, (to keep downe all) that indeed they oft touch it not at all; but are acting the Lord Temporall (I might say more) remote enough from their own Diocesse.

Which yet of it selfe is oft so large, that no one man living could sufficiently Visit and Over-see it, except he could get the Pope to Transubstantiate him also, and so get a Ubiquitarian Body. To supply which he is oft forced to puffe up his wide sleeves, and looke very big: And yet much, yea most of all his Office, must be done by Delegates; who are oft, yea usually the lowest dregs of basest men.

In good earnest, I would thanke any man, that can shew me one good Antiquity to countenance such Delegation of an illegible Office, to Deputies, specially to such Deputies, as themselves doe not, cannot trust.

Doth any man dare, or can any man thinke it fit, to Delegate the Tuition or Education of a tender Prince, committed to his Charge or Care, by his Royall Father? I beseech you; Is not the flocke of Christ stiled by the Spirit of Christ, An Holy Priest-hood, a Royall People ? Shall it then be fit, or lawfull for any man to transmit this trust to any whomsoever? especially to such a ctue of faithlesse Hirelings? God forbid.

Chap. III.

Of Ordination, whether proper onely to Bishops: or equally committed to all Presbyters: discussed by Ancient Authorities.

I Shall passe their Sole Jurisdiction also, being the Common Theme of all that write of this Question; specially when I finde some of themselves disclaime that Epithet of Sole: and if they can be content to leave this out, I have lesse to speake against them.

We come to Ordination; or to speake as they use, (though some of them love not to heare of it) Sole Ordination. This is the maine and Master-piece of all Episcopacy. All things else in the Church, they yeeld equally committed to Presbyters; onely Imposition of Hands, they say, is solely retained to the Bishop; so Downham, Bilson, and of late one of their owne, that offers to yeld the Cause, for one example of Lawfull Ordination by Presbyters without a Bishop.

One example? what dare he say, France, Belgium, no parts of Germany hath Lawfull Ordination, though by sole Presbyters, without Bishops? Downham is somewhat more moderate, and yeelds such Orders Lawfull; but in case of Necessity, or at least some great Exigency: in which he hath the Charity to include the Reformed Churches abroad, though as he saith, They are of age, and might speake for themselves.

But they urge us to shew Antiquity allowing any such Ordination without a Bishop. It hath beene shewed, and yet never answerd (that I know) that some Councels have intimated enough; Presbyters were wont of old to Ordaine without Bishops.

As that of Ancyra, Can. 13. It shall not bee lawfull for Choriepiscopi, or Presbyters to Ordaine, without consent of the Bishop, illegible illegible έτἐρᾳ πα illegible illegible ιϰἰᾳ, In another Parish (for so the words are in Balsamon, though some of themselves translate the words very strangely.) Which cleerely intimates, That before this Canon, Presbyters and Choriepiscopi who had not still Ordination from three Bishops, though some had so,) did usually Ordain without the Bishops leave, (much more without his presence;) and that too in Other parishes besides their Own; Else it is strange the Councell should now forbid it, if It had never been done before. Nay, the Canon doth not now absolutely forbid it, (which is much to be marked) but onely commands, the Bishops leave should be asked to all such Ordinations. But if This Imposition of hands were a Sole property of Bishops, (as now some make it) the Bishop could not give leave, or depute others to do it. For, This, even among themselves is a received Axiome, Episcopus potest delegare ea quæ sunt Jurisdictionis, non ea que sunt Ordinis, A Bishop may delegate those things which concern Jurisdiction, but not those things which concern Order.

Hitherto also may be referred all those Canons that require Presbyters to Lay on their hands with the Bishop in Ordination: As Can. 3. Council. Carth. about the year 418. and that of Aken, 400. years after: Yea, and this was the practice of the Church in St Cyprians time, as appears by his 6. and 58. Epist. So Jerome in his Epistle to Rome; and St Ambrose among his Epistles Book 10. Yea, and This is our Law also; which requires Coadjutors to Bishops in Ordination: Consonant doubtlesse to the most Ancient practice of the Primitive Church, even in the A postles Times; as appears by that of Paul to Timothy, on whom were laid the Hands of the Presbytery; not of the Presbyterate, or one Presbyter, as learned Master Thorndick not onely yeelds, but proves; who yet is no enimy to Bishops.

Neither could I ever finde one good Antiquity against Ordination by Presbyters, or for Sole Ordination by Bishops. I finde indeed Collythus, and some others, Unpricsted by Councels, because Ordained by Presbyters alone; but That Act of the Presbyters was done in saction, against the Bishop, and their fellow Brethren. Yea, and in most cases, if not in all, Those Orders (so annulled by Councels) were consetred by one Priest alone, and so were indeed as unlawfull, as if by one Bishop alone.

I might adde, that some Great men of good Note, have strongly maintained, all these Councels erred, which so Unpriested Those that had been Ordained by a Prebyter, or Presbyters, without a Bishop. Amongst These are some of Note in the Popish Church; It being a Common Instance among the School-men, disputing, Whether Orders once confer’d could be annul’d; and they all conclude the contrary. Yea, and many of these also strongly prove that Priests may as well Ordaine as Bishops; and their Reason seemes very good; for, say they, Seeing a Priest can Consecrate, and by Consecration Transubstantiate, (which is more,) Why can he not also Administer the Sacrament of Orders, which is lesse?

Yea, and some of them dare affirme, Neither Bishop nor Pope can licence Priests to give Ordination, except the Power of Ordination be de jure, in Presbyters: For they all yeeld the Pope himselfe cannot licence one that is not a Priest, to Consecrate the Hoste; because none but Priests have that Power of Consecration. And a Licence doth not confer Orders without Imposition of hands, as they all grant.

For my owne part, I ever thought that of Bucer most Rationall, Deus non sinspliciter singularibus Personis, sed Ecclesiæ Ordinan di potestatem tradidit, God hath not committed the Power of Ordination to particular Persons, but to the Church. For so indeed it seemes the Worke of the whole Church, who are to Elect, to testifie also, and seale their Election by Laying on their hands: And the Presbytery are but the Churches servants in this Act. I could heartily wish it were reduced to this againe, which I fully conceive to be most agreeable to Right Reason, Scripture, and All Good (untainted) Antiquity. Yet till this be againe restored, I much desire the Prelates would leave off some of the Ceremonies, which I heare they use in it, (though not by Law I thinke,) lest they drive all good men from taking Orders.

Chap. IV.

Of the Name and Office of a Bishop in Scripture. How little or how much the Scripture makes for, or against Bishops: Divers Texts are discussed.

I Shall now passe from this kinde of Church Antiquity, and passe to the best Antiquity, the infallible Truth of God, in Holy Scripture. In it I shall shew there is little for, much against Bishops; whether we consider the Name or Office of a Bishop, as now it is setled.

The Name I sinde but foure times in all the New Testament: In two of which, the Name is so indifferently used, that it maketh nothing towards an issue of this Question. Those are, 1 Tim. 3. verse 1, 2, 3. and 1 Pet. 2. 25. And what can be gained from hence, truely I see not.

In the other places it maketh against them, as I shall shew more at large by and by.

But the Word Elder; (a true Bishop) is used twenty severall times in the New Testament. And you shall finde the Apostles honouring this Name so much; that one of them stiles himselfe an Elder, but none calls himselfe a Bishop. Indeed Judas is so called. Who (as it were Prophetically) behaved himselfe so; that his Arch-Bishopricke was given to another. I doubt not but the Spirit fore-saw this Word would be quickly mounted high enough; so that it brands Judas first with this stile.

Of much more Majesty is the Word Presbyter, which signifies Senior. Under the Law Youth was bound to pay Tribute to Gray haires; and Senatus of old was so stiled, à Senioribus; Whereas Episcopus signifies nothing but an Over-seer: And such indeed Bishops have beene for many yeares.

Perhaps the Name of Bishop is sometimes (though rarely) used, that the wilfully blinde might stumble: But the Name Presbyter very frequent; that those who love Truth and Light, might still see such a Glympse that might Enlighten them in the midst of Egyptian darknesse: from which, I doubt not, but God will deliver all Christendome in due time.

I can finde as little also for the Office of a Bishop, as for his Name in Scripture, yea much lesse. I can finde our Saviour rebuking his Disciples, striving for precedency, saying, Hee that will be first shall be last. I can finde St. Peter saying, Lord it not over the flocke of Christ: And St. John branding Diotrephes with seeking the Preheminence.

But where shall we finde the usurped Office of our Bishops in all the Scripture? can they finde it (by a multiplying glasse) where ever they see the Name of Bishop, though but in a Postscript, of Saint Pauls Epistles, Whither I see many of them fly for their owne Name?

I must confesse I have found some Præscripts of Davids Psalmes (and other Texts) to bee now part of Scripture; but never yet found any Postscript of such Authority. I dare not therefore give it unto these;

Which, first, were never (that I could learne) received by the Church for Authentick Scripture; nor ever fully joyned to the Scripture, but by some distinctive note, till our Bishops times. Yea, some antient Copies have them not at all; as one very old Greeke Copy in Oxford Library, if I be not mis-informed.

Againe, these Postscripts have many Improbabilities, and some repugnancies, as many learned men observe.

As that of the first to Timothy; From Laodicea the chiefest City of Phrygia Pacatiana. Which sure was never so subscribed by Saint Paul, who would not have spoken of a First Epistle, when as yet there was no second, nor appearance of any. Againe, the Epithet Pacatiana came from Pacatianus a Roman Deputy, 300. yeares after Saint Paul wrote.

The Epistle to Titus is thus subscribed, (or rather superscribed,) To Titus, ordained the first Bishop of Creet; from Nicopolis of Macedonia: but it should have been added; Whither Saint Paul meant to come after the Epistle, but was not there at his writing; as appeares very probably from the third of the same Epistle, verse 12. But what meanes that Phrase, Bishop of the Church in Creet ? was there but one Church in all Creet ? This sounds not like the Scripture stile; which alwaies expresseth Nationall Congregations by Churches in the Plurall. But it may very well be, Titus was Bishop (or Pastor) but of one Church in Creet: so that we shall not need to contend about this.

Our Adversaries themselves yeeld, there cannot be much urged from these Subscriptions. Baronius, Serrarius; and the Rhemists, will ingenuously confesse so much; and Bishop Whitgift also against Mr. Cartwright.

The Postscripts failing; where will they shew either Name or Office of a Bishop as now it is used? I know their strong Fort, Tit. 1. 5. For this cause I left thee in Creet, that thou shouldest set in order the things that are wanting, and ordaine Elders in every City, c. Here they thinke the power of a Bishop is set forth at large.

But what if so? Wil they be content to be limited to this power? if so, we shall the sooner agree. I thinke no man ever thought, good Titus had a Commission here to draw the Civill Sword; or so much as to strike with his Church Keyes.

Let us a little examine this Commission; which seemes but a Briefe of a larger Patent which Saint Paul had given him before.

If we first examine the Date of this Commission; we shall finde it before any Church Government was setled; and so an Extraordinary Case, not fit, perhaps not lawfull, to be produced as a constant president.

Extraordinary Cases of Necessity, breake through the Ceremoniall, yea, Morall Law too. The Shew-Bread may refresh fainting David; Cain and Abel may marry their owne sisters to propagate the World; Samuel may be a Priest, though not of Aarons House, as was shewed before. And why then may not an Extraordinary way be taken in the first setling of Church Government, where there is yet none setled? Any man might now in the conversion of the Americans, or Chinois; give direction how to admit Members, elect Pastors, exercise the keyes, c. This Titus did, and no more.

But secondly; in what manner his Commission was, I know not; and nothing can be proved from hence, til that be agreed upon. It is as probable he did it but instructive, exhortative, and not imperative, By way of instruction, and exhortation, not by way of command.

Timothy received his gift by imposition of Presbyteriall hands. If an extraordinary gift was conveyed in an ordinary way, Why might not an ordinary calling, and affaires of an ordinary nature, be managed by an extraordinary man, be carried forth in an extraordinary way? The contrary is not proved; and so this must till then, be Ineffectuall to them.

But thirdly, and lastly, I beseech you consider by what power he did it: by the power of an Evangelist. There are two sorts of them,

1. Who write.

2. Who proclaime the Gospell in an extraordinary way, as co-adjutors and messengers to the Apostles in this great worke.

Of this last sort certainely he was * . A Bishop he was not; for our adversaries doe all agree; that it is the duty of a Bishop curæ suæincumbere, to watch over his charge: now this he did not, for if Creet was his Charge (which in no way; neither by Scripture nor Antiquity is proved) he did not attend it; for we finde him continually journeying up and downe; he leaveth Creet and commeth to Ephesus, from thence he is sent to Corinth; after that into Macedonia; from Macedonia he is returned to the Corinthians. Neither is to be found in History, that he ever returned to Creet. Thus, if I mistake not, the Text is lesse advantageous than the Postscript.

Somethink to find Episcopacy established in that example of S. John, writing to the Angels of the seven Churches. But this is Argumentum longè petitum, a far fetcht argument.

Because Paul endorseth the Letter of a Corporation, or an Assembly, to the most eminent man in the Congregation; Therefore he shall have sole Jurisdiction; therefore the Mayor shall have sole power without the Aldermen; Est par ratio, The reason is the same.

When Paul writes to the Church of the Thessalonians (1 Thess. 5. v. 27.) commanding That Epistle to be read to all the holy Brethren; the Church of the Thessalonians should have Jurisdiction over other Churches: which truly I do not think to be a strong Argumentation.

Secondly, the Word is taken collectively for the Assembly and charge of Ministers, and not for One, as appeareth evidently Rev. 2. v. 24.) He saith, speaking to the Angel, To you, and to the rest in Thyatira: he puts the Angel in the plurall number, which he would not have done, had he written to a single Bishop.

Thirdly, these Epistles are written to the whole Church for the threats and promises are read to them, and the Epiphonema of every Epistle is this, He that hath an eare let him hear what is spoken to the Churches.

But yet if this superscription could give any advantage to the Angel, it would but extend to his own congregation.

The Laodicean Angel hath no influence upon the Philadelphiau or the Smyrnite; if that be not proved, nothing is gained in the point of Episcopacy, except it could be proved, that these Angels had in their care many congregations under these particular Churches: which never hath, nor ever will appear. I hope it is manifest to all men that they cannot establish Episcopacy by Scripture.

Secondly, there is much in Scripture against them; For the word Elder and Bishop is all one, Tit. 1. ver. 7. For this cause left I thee in Creet, that thou shouldst set in order the things that are wanting, and ordain Elders in every City, as I had appointed thee; for a Bishop must be blamelesse, as the Steward of God.

First, he sheweth Titus what manner of man an Elder must be, viz. Blamelesse; and now proveth it, because a Bishop must be blamelesse. As if I should write to Thomas to live soberly, because a Man must be sober; it necessarily followeth that Thomas is a man.

So that Phil. 1. he writes to the Bishops and Deacons at Philippi. Is it probable that a little Towne in Macedonia should have many Bishops, when one Bishop must have many Cities in his Diocesse? Those Who translated the Bible, foresaw This: And therefore Acts 20. They have translated the word Episcopus an Over-seer. Yet in other places they translate it Bishop. And the Jesuites say, Piæ fraudes sunt licitæ, Honest craft is lawfull.

The carriage of the Apostles, in severall places is remarkable: when they come to a City (as Act. 20.) They send for the Elders of the Church, never thinking of a Bishop, he is so inconsiderable a man. These places I hope make cleerly against them; So now I will endevour to shew what the Scripture holdeth forth for Church Government.

Chap. V.

What forme of Church Government seemes most consonant to Scripture. Whether Monarchicall, Aristocraticall, or Democraticall.

IN this search you will agree that the Government is fixed there, where you shall see setled the plenary and absolute power of Election of Officers, Decision of controversies, and Excommunication of those that transgresse.

This you will finde ministerially in the Officers, But initiativè, virtualiter, conclusivè, originally, virtually, and conclusively, in the People.

The Officers are called Overseers, Rulers, and Elders, c.

Some of these are to preach and administer the Sacraments, others to watch over mens manners, others to serve Tables, and look to the poor: All these are chosen by the People: but whensoever by their industry any delinquency is discovered, the whole matter is brought to the Church, and there the People and Elders do passe their definitive sentence.

Examine but where election of Officers, decision of controversies and excommunication of members are recorded, and you shall have them all in the Church; not representativè, but in the whole Church, consisting of Officers and other members.

As first for election, Act 1. 15. Peter speaks to the People, and telleth them they must chuse one in Judas his place, ver. 23. It is said They appointed Two. It is true the lot divided which of them two should be the man, (a course in the like case not unlawfull to us at this day:) but the reducing of it to Two, was the act of the Church; though Peter was amongst them. So afterwards Timothy received his Evangelicall gift by the Imposition of Presbyteriall hands; which Presbyters were in this work, the servants of one present Congregation.

Secondly, Decision of Controversies, either in Cases of Conscience, or in point of manners. In cases of Conscience; when Paul and Barnabas had no small difference about Circumcision, they sent to Jerusalem where the Apostles, Elders, and Brethren meeting together, joyntly returned that answer which you finde Acts 15. 23, 24, 25.

Some would presse this place, this act of the Apostles further, and give to every Synod a Commanding Power; because it is said Act. 15. 28. It seemed good to the Holy Ghost, and to us, to lay no further burden upon you. Therefore they say a Synod hath a commanding and burdening Power.

But I cannot consent to that: for then the major part of the Churches in Europe, Africa, Presier Johns Country, might meet and command all the Churches of Christ (which God forbid, in what they pleased; and that jure divine: for God when, he giveth a rule to his Church, he speaketh to the whole Church of Christ, and not to any particular Congregation. I only presse it thus far, That the People were joyned even with the Apostles in that Great Synod.

The commanding power of the Synod lay in this, that the Apostles speak the mind of the Holy Ghost: But such authority is not left in us; and therefore no such Obligation upon others. Truly if there were such a power left us, I should with much scruple resist any act of such Government, whereof I could make a good construction; For many times the power Commanding is more dangerous than the thing Commanded: but there is no such power. Neither, as I said before, do I presse it with such a design.

In cases of Civill converse, Mat. 18. 17. We must make our addresses to the Church; and he that will not hear the Church must be as a Publican.

In that place the greatest dispute will be, What is meant by the Church? for some will say; Here is meant the Church representative; either in more, as the Presbytery, or in one, as the Bishop; and not the Church at large.

But I would labour to evince the contrary. Weigh either the Context, or the generall signification of the word Church, and I hope the true sense will be manifest.

For, Let us see how Church is taken in the Scripture: It is used sometimes figurativè; and sometimes properly. Figurativè, as when a particular house is called a Church; As, the Church in his house, Rom. 16. 5.

Secondly, When by Synecdoche the head is put for the whole; as Christ is called the Church, 1 Cor. 12. 12.

Thirdly, Collectivè, When all the Churches of Christ are called the Church, 1 Cor. 10. 32. It is used perhaps under some other figures, but it will be long to quote them all.

Secondly, It is used Properly in two phrases;

First, When the Congregation is called the Church; as the Church at Ephesus, Corinth, c. Secondly, When the Congregations are called Churches; as the Churches of Galatia, and of Judæa. Thus it is used Properly, Thus Figuratively; but no where representativè: scil, the Ministers, the Presbyters, or the Bishops; or all these, for the Church. You shall find these and the Church contradistinct; as, To the Saints, the Bishops, and the Deacòns, 1 Phil. 1. 1. To the Church, and the Elders, Act. 15. 4.

I conceive we are bound to take a word in that sense which is currant in Scripture; except that sense cleerly crosse the scope and drift of the text.

You shall meet with that word 48. times in the New Testament, and no where signifying that which we call the Representative Church: Very often for the Saints themselves: As, 1 Cor. 1. vers. 15. 2 Cor. 1. vers. 1. 1 Thes. 1. vers. 1 Why should we not then take it in the same sense? Are not we then bound to expound the word Church in some of those significations which are frequent in Scripture; and not in that sense, which is so far from being found in the Text, that a Contradistinct phrase is, as I said before, rather used?

Againe, from the text, and context, That will appeare to be the meaning of the Spirit, and no other: The text is, Mat. 18. ver. 17. If he shall neglect to heare them, tell the Church; but if he neglect to heare the Church, let him be to thee as a heathen man, and a Publican. The context is in the 15. and 16. verses. If thy brother shall trespasse against thee, goe and tell him his fault betweene thee and him alone: If he shall heare thee, then hast thou gained thy brother; but if he will not heare thee, then take with thee one or two more; that in the mouth of two or three witnesses every word may be established.

In the context and the text there are three things to be examined, before the true sense can be found out: First, Who are meant in that Gradation, in the 15, 16, 17. ver. Secondly, Who is meant by Thee. v. 17. Let him be to thee. Thirdly, what is meant by Publicans and sinners.

First, Who is meant in that Gradation. In the first place is meant the Party; in the second part of the Gradation, where it is said, Take with thee one or two more; is meant the Elders, or the Bishops, the Officers of the Church.

If you say, they are not there understood: yet I am confident you wil not, I am sure you cannot, say they are there excluded. If then the Spirit pointed at them, with the other members of the Church, or them solely; it would be an unnecessary thing, to bring him afterwards to them againe, as to the Representative Church.

Secondly, by Thee ( v. 17.) is not meant only the Party, but every Christian, every Church member, to whomsoever the newes of such a miscarriage shal come: else this wil be a means to nourish particular parties sidings, (which the Scripture doth exceedingly shun) If by Gods Law he should be a Publican to one of the Church and not to another: If he be so to every member of the Church, this will be a hard Case, that if a Bishop, or an Elder, one, two, or more, shall passe the bitter sentence of Excommunication, hee must bee so to mee also, though I know nothing of it.

But some will say, that must be done before the Church. To which I answer, The word saith no such matter. And thus those who mis-expound the Scripture, must eck out the Scripture, to make good their own imagination.

But secondly, why should it bee complained of before the Church, if the deciding power be in Officers? Frustra fit per plura, quod fieri potest per pauciora, It is in vaine to have that done by many which may be done by a few.

But thirdly and lastly, if you will have the whole Church heare; it seemeth to me against all reason in the world, that the party deputed should have power, the party deputing being present. The Steward of a Court Leet, or Court Baron, is annihilated, if the Lord bethere. All Officers vaile bonnet, when the party giving them power is present.

Why are Parliaments the representative body of the Kingdome, but because the Plough cannot stand? but because no place can containe the whole body? But if all the people could meet in Campo Martϊo, should those who now are but servants then be more than servants? surely the whole Church being present, foure or five by Gods Law shall not rule all, seeing Gods Law never appoints any standing Laws against the rules of nature.

In the third place we must enquire after the sense of Heathen and Publican: sc. the most odious of men. Is it possible that any Christian shall be to any Christian the most odious of men, for the sentence of a Judge which he never heard, neither hath right to heare?

Thus if you will be bound either by text or context, or the common acceptation of the word in the Scripture; by Church must be understood the whole congregation.

Againe, for excommunication of members, 1 Cor. 5. 13. S. Paul commandeth them, ( sc. the whole Church) to put away that wicked person, and to deliver up such a one to Satan. 2 Cor. 2. They restore him, they forgive him.

Thus we see every where, that in election of Officers, in decision of controversies, in cases of conscience, in Excommunication, the whole Church disposeth every thing, not the Bishops, not the Presbyters alone.

I doe not observe the Church hath power in other things, but in these, and in all these, in election of Officers, in decision of controversies, and excommunication of delinquents, the whole power is in the Church.

I conceive then I have cleerely and briefly proved these three things:

1 That there is little in Scripture for Episcopacy; much lesse for such an Episcopacy as Ours.

2 Something against them.

3 Another Government cleerly delineated.

Chap. VI.

Of the consequents that may possibly follow the change of Church Government. Of the great danger of Schismes, Sects and Heresies. Of One new Sect to come in the last dayes. Whether Bishops can keepe the Church from Schismes, Sects, c. What is, or who are the Cause of most Schismes amongst us.

IT being (as I conceive it is) cleered both from State-policy; Antiquity and Scripture, how incompatible Civill Government and such Episcopacy are, I hope we shall never hereafter be choaked with that Proverbe, No Bishop, no King. I doe most willingly pay very great reverence to a saying deliverd to us by many successions, from the wisedome of our fore-fathers; But I shall ever crave leave to question that Maxime which may justly seeme to me the birth either of Ignorance, or Ends. Antiquity must have no more authority than what it can maintaine, by reason frequent impostures of this nature command us to be circumspect; did not our Predecessors hold the Torrid Zone inhabitabilem a stu, too hot to live in? till Noahs Dove, Columbus discovered Land, the World was confined in the Arke of Europe, Africa, and Asia.

In Divinity, where an error is of most dangerous consequence, we have beene too credulous: how many hundred yeares did our fore-fathers swallow this pleasant bait, We must believe as the Church believeth? And, since the light of Reformation, Was not particular assurance of our Salvation delivered us, as an exact definition of our faith?

Wee have ventured our bodies as well as our soules upon these sands; for in the Art of Phisicke (though our Parents at a very great remotenesse were wiser) it hath passed for a currant position that Phlebotomy almost in any case was more than dangerous. And that men might pay dear for their learning, they have been as wise in Tenets of State-Policy.

Have not too many great ones closed in with Nero’s conclusion, me oderint dum metuant, Let them hate me so they fear me?

Lastly, Episcopacy hath been the basis, the superstructure, the All, the soul of Church Discipline for these many ages: but dabit his meliora Deus, God will deal better with us.

Some of these Tenets spring from invincible Ignorance; others have been the base pullulations of spirits enslaved to false ends: This, No Bishop no King (as I have fully proved) partakes of both; and therefore hath no weight with me, nor I hope shall ever hereafter be of credit with any body else; for we see that old received truthes are not alwayes to be entertained: and so I leave them with their maxime to the sentence of every judicious Reader.

There yet remaineth an objction or two, which must necessarily receive an answer, before I shut up this discourse. Obj. Allow there are some inconveniences, (yea great ones) in Episcopacie; yet ex malis minimum, of evils we must take the least it is better to bear these than groan under worse. If Episcopacy be taken away, Schismes and Heresies will break in as armed men; Tyranny is more eligible then Anarchy; the wofull sense of Anarchy begot that sad Proverb, It is as it was with Israel, when there was no King.

Ans. I do agree to this, that a confusion is a most lamentable condition; and that those times are very perillous, when every mans hand is up against his brother; Ephraim against Manasses, and Manasses against Ephraim: Yea, I do professe the distraction of Heresies, the most miserable of all. Civill conquassations disjoint the outward estate; but Heresies distract our souls, dismember our Churches, stave off Jew and Gentile, who know not whether part to beleeve, shake the weaker, cause heart-burning amongst the stronger, do exceedingly provoke God to wrath and displeasure. But first let us consider whether it be possible to be without Heresies and Schisms. Secondly, whether Episcopacy be not the efficient cause of the most grievous Schisms, and Heresies. Thirdly, whether Those which may justly be feared upon the removall of Episcopacy, be of such dangerous consequence, as to weigh down the keeping up of that Government, rather than to hazzard what inconveniences may there-hence follow.

And first to the first of these.

It will be cleer both from experience, and Scripture, and reason, that Heresies must come. Look over all Nations, and all times, and you shall finde them distracted with difference of opinions: How many severall Sects do you hear of amongst the Jews, and some of them extreme grosse? the Sadduces, the Pharisees, the Esseans, Herodians, with many more; though a great Critick reduce them to Three. Christ had no sooner committed the care of his Church to the Apostles, Disciples, and ordinary Ministers, but they were over-run with heresies: Yea, in their time, some were of Paul, some of Apollo, some of Cephas; in the interim Christ quite laid aside. In the Church of Pergamus, were there not some that held the Doctrine of the Nicolaitans? In Thyatira did not some of the Church listen to the Prophetesse Jezebel, who taught them to commit fornication, and to eat things offered unto Idols? Barnabas and Paul were at some difference: the doctrine of works was pressed upon the Galatians, and the resurrection from the dead questioned by the Corinthians.

Amongst Heathens (where Morality was their God) had you not the Peripateticks, the Scepticks, the Platonists, the Epicureans, and many other Sects? The Pope and Papacy have been much turmoyled with Schisms; and these Schisms have produced great confusions amongst them.

In the yeer of the Lord 420. Boniface the eighth being chosen, the Clergy chose Eulatius, and there they decreed one another Hereticks; Simmachus and Laurentius caused the same distraction in the yeer 499. 760. Pope Custantine being convinced of Schisms and bereft of both his eyes, he and Philip (another Pope) were deposed, and Stephen elected in their places. Thus it was 958. 973. illegible 1047. 1058. 1062. 1083. 1100. 1118. 1124. in the yeer of the Lord 1130. the disputes betwixt Gregory and Peter (both chosen Popes) were so famous that it was grown a Proverb and recorded in this verse.

Petrus habet Romans, totam Gregorius orbem, Peter possessed Rome, and Gregory therest of the world.

Every twenty years had such changes as these, even till of late, that Church hath been vehemently turmoyled with all their learned. Amongst the School-men, some are Scotists, some Thomists: among the Polemiques, some Jesuites, some Dominicans. And all these wrangle each with other.

In the yeer of our Lord 1400. there was a great dispute about the Originall sinne of the Virgin Mary. Between 1215. and 1294. was that great Faction between the Guelfians and Gibelines (though both were Papists) One desending the authority of the Pope, the other of the Emperour. In some points of Controversie, Bellarmine (one of their ablest Writers) is not to be read without restriction, and not without licence of Superiors.

If we survey all Antiquity, we shall finde no one Century free from Hereticks. Ebion, Cerinthus, Marcion, Samusatenus, Novatians, Sabellians, Nepotians, Maniches, Arrians, Pelagians, with many others, have troubled the Church from time to time.

If you descend so low as our dayes, even among Protestants you shall meet with too too many Divisions. Luther and Calvin; and the English Church between both; a Calvinist for Doctrine, a Lutheran for Discipline. The Lutherans are divided in Rigidiores, Molliores, the More rigid, and the More Moderate; and these differ toto Cœlo, as far as heaven and earth. The Calvinists have many disputes: How fiercely doth learned Erastus contend with Calvin and Beza, about Excommunication, denying the Church any such power?

The Church of England hath three maine Divisions: The Conformist, the Non-Conformist, and the Separatist. The Conformist hath the Orthodox Divine, contending with the Arminsan, Socinian, Pelagian, Anabaptist, and divers others; who yet All stile themselves Sonnes of the Church of England. The Non-conformist is uncertaine what he scrupleth; for some can dispence with one of the three Grand Nocent-innocent Ceremonies; some with another; some with neither. The Separatist is subdivided too (as they say) into Separatist, and Semi-separatist. Many other Divisions there also be, and will be, in Churches here.

Yea, it is clear in Reason, that Divisions, Sects, Schisms, and Heresies, must come; For, many are illegible to advance themselves and undervalue all others: and Mens Brains being fertile of errors, after they have conceived they must bring forth; though the Gospel suffer never so much by it. And while This Temper is among men, you must still expect Schismes and Heresies.

The Scripture hath put this out of all doubt, it saith, Heresies must come. Christ came to set a Sword, not only betweene the Good and Bad, but even among Professors of the same Christian Religion; that Those who hold out to the End may have their Honour and Reward. It is to be marked that Christ doth not presse his people to seeke their freedome, till Rome be falling, and then he saith, Come out of her my People.

Yea, the Scripture foretelleth of one Heresie that is not yet (perhaps) come; it may be it is now in the Birth, sure it is not farre off: It is mentioned in the second of Timothy, the third Chapter, and some of the first verses.

1 This know also, that in the last days perillous times shall come.

2 For men shall be lovers of their own selves, covetous, boasters, proud, blasphemers, disobedient to parents, unthankefull, unholy.

3 Without naturall affection, truce-breakers, false-accusers, incontinent, fierce, despisers of those that are good.

4 Traitors, heady, high minded, lovers of pleasures more than lovers of God.

5 Having a form of Godlinesse, but denying the power thereof: from such turne away.

Expositors all agree This misery to be in the Waine: But in their agreement they differ very much; for some conceive the Papist is here understood; others apply it to the late Troublers of Israel, the Arminian, Socinian, and the worst sort of Episcopall men; that under the Notion of indifferent Ceremonies would have brought us to swallow down all Popery.

But under favour, I doubt neither of These, reach the full meaning of the Text. It cannot be the Papist, because it is not to rise till the Last Dayes. Indeed Popery is cleerely expressed in the 1 of Tim. the fourth, verse the 1, 2, 3. (as that most Learned and Reverend man Mr. Mead hath fully cleered in his most excellent piece on that Text) yet there it is said to rise in the Later Times ( viz. of the Roman Empire;) but here these new Hereticks come not out till the Last (not only Later ) Dayes, not only Times, but Dayes of those Times.

Againe, it seemes not to be the Arminian (or any of that Rable I mentioned but now.) For first, the Character of their Times is Perillous, as if it would intimate men indeed should be in danger, but yet escape, the Times being only perillous: But while Popery bore all before it, forced the whole Church into the Wildernesse, cloathed the Witnesses with Sackcloth, and at last prevailes to kill them: sure these Times are more than perillous. But perhaps there is no pressing force in This.

In the second place let us consider the Character of the Persons. First, they are expressed as Breakers of the Lawes of Civill Converse; and then as Hypocrites in Religion: the first of these beginneth at the second, and continueth to the fifth verse: The second is in the fifth and sixth verses. Let us view some passages in both.

Lovers of themselves, Covetous, Proud, c. And have not men been such ever since Adam? Why then doth the Spirit speak of This, as a strange thing in the Last Dayes? Mr. Calvin saw this Objection, and therefore oft affirmes (That the Scripture may not seeme to speak Frigidè, unaptly. Here must be some new strange Crew of Men that act all These in a most eminent manner, even to the eye of all men.

But some will say, Are not the Papists so? Is not the corrupter part of Prelates such? Are not the Arminians of this temper? Certainely they are such, and in an eminent manner: and yet to me they seeme not the men the Spirit pointeth at in this place.

The maine Thing in which those men (here exprest) pride themselves, is not Learning, or Parts; But (if I be not much mistaken) somewhat beyond and within all these: That, I suppose, which seemes to them to be the Spirit. This, I conceive, is the Basis of all their vanity, pride, and insolence. They have the Spirit, and so know more than all the Learned, Pious, Godly Men in the world. They have the Spirit, they cannot sinne, they cannot erre; they will not pray, but when that Spirit moves. Adultery is but an act of the Flesh, but they are all Spirit, and no Flesh. What should these men doe with Naturall affections, they are all Spirit? in this case if they bee Traytors, High-minded, Heady, c. Who will wonder? What may they not bee carried up to, by the imagination of the Spirit? But let them take heed, if they have any thing of God in them; let them be wise in this their day, for the time may come when it will bee too late. In the meane time I will say as Peter did to Simon, Pray (that if it be possible) this wickednesse of heart may bee forgiven.

If we look on the other part of their Character, Having a forme of Godlinesse, but denying the Power thereof, Creeping into the houses of silly women, Laden with divers Lusts, c.

How can these be spoken of Arminians, Socinians, or our Prelates? It were to bee wished that most of These had so much as a Forme of Godlinesse. Sure the World is now growne too wise to take Duckings, and Cringings, Crossing, and Crouching, with all of this kinde, to be so much as a Forme of Godlinesse.

Doe These creep into Womens houses? the Socinians, and Arminians attempt no such pranks, that I know of. And the Patrons of Episcopacy use not much perswasion, but Club law: All else is in Corners.

It seemes very probable to me, that the Holy Ghost in This text points out some such, as the Family of Love, the Antinomians, and Grindletonians are, if (at least) they are not much belyed. And to these, I think, every piece of This Character will most properly belong. Yea, and the Close of it also, or the Issue of That Sect. They shall proceed no farther, for their folly shall bee made manifest to all men, which can hardly bee understood either of Arminianisme, or Prelacy, since That in severall names, This in severall dresses, hath been in the world above 1000. years.

Thus you see Sects, Schismes, and Heresies will stil come, and must come: And therefore if by keeping such Bishops we think to keep out all Divisions, we are much deceived. Which yet I speak not to take away watchfulnesse in Church. Governours, (who are still bound to suppresse Divisions as much as they can) but to convince men of This (if I can) that Episcopacy is never like to prevent Schismes: which I hope to cleere more fully in my subsequent discourse.

I could never conceive more than Two wayes, that in probability may bee like to quiet us in respect of Divisions. One of These we have no minde to try, and the other we may not if we would.

The Spaniard indeed by his cruell Inquisition, hath inclined his Subjects to a kinde of Vnity; but an Unity of Darknesse and Ignorance: so that the Remedy proves worse than the Disease. Neither will, or can Tyranny either Civill, or Ecclesiastick, bring forth better fruit.

The other Way is That of the Vnited Provinces (in the Low Countreyes) who let every Church please her selfe in her owne way, so long as she leaveth the State to her selfe. And how Religion doth flourish There, is known to most men. I will not dispute This now; only I wish heartily, men would remember, that even Nature her selfe as much abhors a forced violènt Vnion, as a Rent or Division.

But in the next place, let us seriously consider, whether the Bishops (as now they bee setled here) be not the Cause of most Sects, Schismes, and Heresies now amongst us.

Some of them will not deny themselves to be Arminians; and others cannot deny themselves Socinians. If at least they think we can understand their writings, printings, yea and Sermons, though These be very Rare.

Yea some doe not deny, but they may (at least) receive Orders from Rome; they meane a Pale, Mitre, and Cardinalls Hat, if they come All which we may yet better construe by their carriage to Priests and Jesuites, both in publique and private, which now we know more than by bare surmise. Many of these they countenance openly, and never question any, though it bee certainely knowne: wee had (they had) more such in London, than were good Ministers in all England almost.

All the Livings under most of our Bishops have been committed to the cure and care of superstitious Formalists, Arminians, Socinians, Papists, or Atheists. Yea, the Universities are much corrupted by their malignant influence; for Nero -like they think they have done nothing, till they have murdered their owne Mother. In a word, through the whole Kingdome, Preaching, Praying, Expounding, and the like exercises, both in publick private, are severely suppressed, and in many places altogether forbidden (except such and such, more pernicious than profitable;) and al this by the Fathers of our Church, the Lords our Bishops. And is not this the most compendious way possible to beget and encrease Heresies ?

They cry out of Schisme, Schisme, Sects and Schismes; and well they may: They make them, and it is strange they should not know them. When they laid such stumbling blocks (Reall Scandals, not only accepta, but data, not taken, but given,) in the way of good men, whose Consciences they have grievously burdened, and wounded with things (violently pressed on the greatest fines) that are so far from being indifferent, that many of them were point blank unlawfull: have they not by this even forced their brethren to separate themselves in Judgement and Practice, till they could finde some remote place that might separate their bodies also? Was not this in them the readiest way to produce Divisions, Separations, and (as they call it) Schismes in the Church? Rents are bad, I confesse, whereever they be violent; but yet then worst, when most out of the eye. Schismes in the Conscience are of greatest danger; and to prevent these, if I am forct to that, which they please to call a Schisme in the Church, Woe to him that so forceth me. Scandals, Schismes, and Divisions must come; but woe to him by whom they come. God forgive them in this particular.

I professe I take no pleasure in ripping up their foule, loathsome sores; I would they could bee throughly healed without launcing and opening I could give you a strange account of sad Divisions, which themselves have caused both to Church and State: I could tire you and my selfe in this, though I should begin but little higher than mine own time, mine own Knowledge.

In Queene Elizabeths time, many good men were cut off from the Church, some from the State; a sad Schisme! Some by violence laid asleep; Many suspended, silenced, deprived, cut off (by a strange Schisme,) from liberty, livings, (that I goe not higher;) And all this for one word, of their owne compounding, Non-Conformity: While they themselves are indeed the greatest Non-Conformists to all the Reformed Churches in Europe.

Surely, it would have savoured more of Humility, of Christianity, if they had suspected their owne Judgements and Opinions; allowing something to the Judgement, Learning, and Piety of those holy, worthy, pretious Saints, Calvin, Beza, Bucer, illegible Martyr, Oecolampadius, Zuinglius, with many more, great, famous, and eminent Lights, in their times.

If they will stand for Conformity; Let any man living judge, whether it be fitter for some few Bishops, newly come out of grosse Popery, (and still retaining their old Popish Ceremonies,) to reforme, and conforme themselves to the Judgement and Practice of all Reformed Churches; or all Churches to subscribe to them.

As they began, so they continued: Christ and they being like parallell lines, though they should run out in infinitum, they would never meet: Nay rather, like the Crura of a Triangle, the farther they run (out from the Center ) the more they differ, and are distant each from other.

Under King James, in a few yeares, foure or five hundred Reverend men were divided from their Livings, and Ministery: And was not this a cruell Schisme? Now also by Them was first forged that sharpe Rasor, (or, Book of Sports ) with which they have since made great Divisions of heart.

But in our Gracious Kings Reigne, they have come to Cutting off Earcs, Cheeks; and have yet struck deeper, and essay’d many Soule-Schismes; not only in the Hearts and Consciences of thousands of good men; but whole States also and Kingdomes, as much as in them lay.

While I heare the sad groanes, and see the bleeding wounds of Three Kingdomes at once, by their Schismes; I have almost forgotten the parting sighs, and farewell teares of ten thousand poore Christians, by Their Tyranny forc’d to abandon their native Country, and dearest acquaintance; while others were here violently detained in Fetters, some smoothered in Dungeons, some Dismembred, some driven out of house and Living, and forced to beg: All which yet would have bin born patiently, had not only all good men, but Goodnes it selfe, Learning, Religion, Piety, all that speaks any worth, bin altogether, not only discountenanced, but suppressed, smoothered, and by most exquisite Tortures almost forced to breath its last.

Yet that these Glorious Princes (under whom such Tyrannies have beene committed) may not suffer in your thoughts, Give me leave to speake some things on mine owne knowledge and experience, others from best intelligence. Queene Elizabeth, when she heard of Their miscarriages, fellon Them in most sharpe language, threatning Them, if they should ever doe the like againe to her Subjects.

King James offered faire discourse to the Non-Conformists; honoured Mr. Cartwright and others of them; disclaimed the Book of Sports: And being asked, why he made so many Bad Bishops, answered ingenuously, with a strong affeveration, That hee was very sorry, but could not helpe it; For, no good men would take the Office on them. And our Gracious Soveraigne (since some light dawned out of darknesse,) hath delivered our Sister Church of Scotland from that unhappy Generation.

For, now I hope the Clouds begin to breake away: Light springeth up, while Dark Iniquity is forced not only to shut her mouth, but hide her selfe and disappeare. Now the Sun againe mounteth up in our Horizon, and quickeneth the drooping spirits; so that many that were Bed-rid some moneths since, now begin to take up their Beds and walke, leaping up and blessing God.

Fire and Water may be restrained, but Light cannot; it will in at every cranny, and the more it is opposed, it shines the brighter: so that now to stint it, is to resist an enlightned, enflamed Multitude; which still was, and still will be Durissima Provincia, an hard taske.

Their mad outrage in all the three Kingdomes, of late, hath so incensed the common People, that in all mens eyes they are become most vile: and while all men reflect on their constant trade of mischeivous practices, the wisest begin to conclude, The very Calling hutts the Men, as much as these disgrace the Calling.

Thus we have by too too long, great, and sad experience, found it true, That our Prelates have been so far from preventing Divisions: that they have been the Parents and Patrons of most Errors, Heresies, Sects and Schismes, that now disturbe this Church and State.

Chap. VII.

The danger of Schismes and Sects more fully discussed: the Nature and Danger of Anabaptisme, Separatisme, and Unlicensed Preaching. The conclusion with an affectionate desire of Peace and Union.

But it may be, the Remedy will be worse than this Disease. Let us therefore, yet more exactly weigh all the Inconveniences that may attend the Change of this Church-Government, which we now dispute.

The Dangers which some have fancied may hence accrew to the State, have beene discussed in the former Section, to which more properly they doe belong. We have here only to consider such Evills as may have bad influence into the Church, and Polity thereof.

Arminianisme, Socinianisme, Superstition, Idolatry, Popery, will pack away with them; being their Attendants, as was shewed before. What is there then to be feared? Anabaptisme, Brownisme, Separatisme; nay every body, every Lay-man will turne Preacher.

Suppose all this bee true, (which can bee but supposed;) Would it not be much better to hazzard the comming in of all these, than still to suffer our souls and bodies to be grownd to powder by these Tyrannicall, Antichristian Prelates, that under pretence of keeping out Separatism, introduce down right Popery, and a sink of almost all Errors and Heresies? Yea, and these Errors of the Right Hand (which these pretend so much to oppose) owe their birth to our Bishops also; as was but now, and might yet morefully be cleered. We all know, that within these ten years, all the Non-conformists in England, could not amount to more then one or two hundred: And now how many thousands there be, (yea of such that rise one pin higher then Old Non-conformity, ) Themselves, perhaps, know much better then I: Yet our Bishops never were more active then in all this time. Whence then ariseth this New Non-conformity, or Separatisme, but out of our Bishops commotions? I will not say as the Fathers did of old, Exmartyrum sanguine pullulat Ecclesia, the Church doth spring out of the blood of the Martyrs: yet I must confesse, I begin to think there may be perhaps somewhat more of God in these (which they call new Schisms ) then appears at first glympse.

I will not, I cannot, take on me to defend That, menusually call Anabaptism: Yet I conceive that Sect is Twofold: Some of them hold Free-will; Community of all things; deny Magistracy; and refuse to Baptize their Children. These truly are such Hereticks (or Atheists,) that I question whether any Divine should honour them so much as to dispute with them; much rather sure should Alexanders sword determine here, as of old at the Gordian knot, where it acquired this Motto, Que solvere nonpossum, dissecabo, What I cannot unty, I will cut asunder.

There is another sort of them, who only deny Baptisme to their Children, till they come to yeares of discretion, and then they baptize them; but in other things they agree with the Church of England.

Truly, These men are much to be pitied; And I could heartily wish, That before they be stigmatiz’d with that opprobrious brand of Schismatick, the Truth might be cleered to them. For I conceive, to Those that hold we may goe no farther than Scripture, for Doctrine or Discipline, it may be very easie to erre in this Point now in hand; since the Scripture seems not to have cleerly determined This particular.

The Analogy which Baptisme now hath with Circumcision in the old Law, is a fine Rhetoricall Argument, to illustrate a Point well proved before; but I somewhat doubt, whether it be proof enough, for that which some would prove by it: since (beside the vast difference in the Ordinances,) the persons to be Circumcised are stated by a positive Law, so expresse, that it leaves no place for scruple: but it is far otherwise in Baptism; Where all the designation of Persons fit to be partakers, for ought I know, is only, Such as beleeve. For this is the qualification that, with exactest search, I find the Scripture requires in persons to be baptized: And This it seems to require in All such persons. Now, how Infants can be properly said to beleeve, I am not yet fully resolved.

Yet many things prevaile very much with me in this point.

First, For ought I could ever learne, It was the constant custome of the purest and most Primitive Church, to baptize Infants of beleeving Parents; For I could never find the beginning and first Rise of this practice: Whereas it is very easie to track Heresies to their first Rising up, and letting foot in the Church.

Again, I find all Churches (even the most strict) have generally been of this judgment and practice: yea though there have been in all ages some, that much affected novelty, and had parts enough to discusse and cleer what they thought good to preach; yet was this scarce ever questioned by men of Note, till within these Last Ages. And sure, the constant judgment of the Churches of Christ, is much to be honoured, and heard in all things that contradict not Scripture.

Nor can I well cleer that of S. Paul (1 Cor. 7. 14.) Else were your Children Uncleane, but now are they Holy. I know some interpret it thus, If it be unlawfull for a beleever to live in wealock with one that beleeveth not; Then have many of you lived a long time in unlawfull marriage; and so your very Children must be Illegitimate, and These also must be cast off (as Base-born:), But it is not so; for, Your Children are Holy; that is, Legitimate.

I confesse, This seems a very fair Interpretation; yet I much question, Whether This be all the Apostle means by that phrase Holy; especially when I reflect on the preceding words, The Unbeleever is Sanctified by the Beleever. Nor yet can I beleeve any Inherent Holinesse is here meant; but rather That Relative Church-Holinesse, which makes a man capable of admission to Holy Ordinances, and so to Baptisme yea and to the Lords Supper also, for ought I see; except perhaps Infants be excluded from This Sacrament, by that text, Let him that eateth, Examine himself, and so let him eat. As Women are excluded from Church-government Preaching in Congregations, by That of the same Apostle, I permit not a Woman to speak; Let Women keep silence.

The second thing we feare so much, is Separation, or as some tearm it Brownisme; for I am not so well studied in these, as to give an exact difference betweene them, or properly to state or phrase either. Yet I think This also hath Latitude, and admits of difference. Before you passe any severe censure, be pleased to Hear these Poor men (you call Separatists; ) Know their Tenets, and then Judge.

Their main Tenets (for ought I could ever learn) are about some few Points in Discipline, in which sure there is lesse danger, than in Doctrine, of which they dispute not.

First, they would admit none as members of their Assemblies, generally to partake with them in all the Ordinances, but such which seem Beleeving Saints, and so members of Christs true Church.

Secondly, they conceive every severall congregation (rightly constituted) hath within it self the power of the keyes, committed to it, without dependence on other Churches: Yet not denying the lawfull association of severall Churches, nor refusing the advice and counsell of Councels and Synods.

I shall craveleave to scan the first, see how much it differeth in truth, from the received tenets of the Church of England.

I do conceive that England, Scotland, France, all Churches, even Rome it self will agree in this, that a Church is Cœtus Fidelium, A Company of Beleevers, Gathered together in the Name and power of Christ, to wait on him, in the way of his Ordinances revealed in his Word. In this I suppose we all agree; where then is that Chasma, that great Gulf of difference, which brands so many with the black spot of Separation ?

All the difficulty lies in Stating who are beleeving Faithfull Saints, for of these onely all agree, a true Church consists. I beseech you let us call him a Beleever, and a Saint, whom the Scripture calls so, and we shall soon agree.

The Pope faith, he is a faithfull Saint, and a true Member of the Church; Who beleeveth as the Church beleeveth.

The Church of England saith, he is a Beleever (enough to make a Member of that Church,) that professeth the truth, though in his life he deny it.

Those men say he is a faithful Saint who professeth the truth, and to all appearance (for we cannot see the heart) practiseth as he professeth.

Now all men will agree, this last is a Beleeving Saint: And these will have none but this to be a Saint; and so none but this to be a Member of Christs Church.

I beseech you, is this such an error, to desire Profession and Practice to be conjoyned in one that is to be a Member of the Church of Christ?

When I desire a good Wife, a faithfull Servant, a constant Friend, a familiar companion; am I not as desirous to know the Heart as well as the Head, the will as well as Skill, Affection as well as Profession? And why then may I not do as much in choosing my Spirituall Friends; my constant companions in the worship and service of God?

Can any man by right, force me to marry such or such a woman, to take such a servant, to dwell with such a friend, to choose such a companion? And may any man force me then to be companion, in the neerest and most intimate converse of Spirituall Ordinances, with any one or more whom I dare not, I cannot, I may not trust, to be either friends to God or me, because what ere their lips professe, their life and wayes deny God, trample on the blood of Christ, despise, at least profane all his Ordinances.

I could heartily with some pity might be shewed to these poor mens souls. He that eateth and drinketh unworthily, eateth and drinketh damnation to his own Soul. And is it not then much better to keep these men off (as they do in Scotland and other Reformed Churches) till they give the Church satisfaction upon good ground of their Repentance and Faith, that so they, may not illegible themselves by Gods holy Ordinances?

Sacraments confirm, but do not conferre Grace; if they did so, the case were altered; but now they are like the Paradise of God, guarded with the Flaming Sword; so that the Tree in the midst of the Garden, (which is Christ) cannot be Touched by prophane hands.

The other Grand Heresie (men so much cry against) in Separation, is the Independence of their Congregations, as it was stated before.

But why should the Independence of One assembly, to a Province, or Nation, be more Schismaticall, then that of a Province, or Nation, to the whole World? Why may not Geneva be as Independent to France, as France may be to the other parts of Europes Continent? In Geneva, why may not one Congregation, be as independent to all Geneva besides, as Geneva is to all France besides? Doth indeed such a Wall, or River, or Sea, so limit and bound the Church within it, that it may be independent on any Church without it; and may not one Congregation within this River be as well independent on all other Assemblies within the same River or Sea?

Are there not some sparkling of this Truth, even amongst us in England? Have not we Peculiars? some Congregations exempt from the Jurisdiction of the Bishop within whose Diocesse they be? And I think no Separatist desireth more than this, That all Parishes (I mean all Congregations) should be Independent Peculiars.

Suppose an East Indi-Merchants Ship be cast on some remote Iland beyond China where there shall be no Inhabitant; may not in this Case, the men of this Ship gather together, choose out some one or more (of themselves) to Read, Preach, Administer the Sacraments? is not this a true Church, and so to be reputed while they beleeve the Truth, and do what they beleeve? Is there any one Essentiall part wanting to this Church, so Constituted?

If it be answered affirmatively, that there is yet wanting some Essentiall; I rejoyn, then it is not a true Church; nay so far from being vera Ecclesia, a true Church, that it is not vere Ecclesia, truly a Church: For He is not verè Homo, truly a Man, that wants something Essentiall to Man: nor is it verè Ecclesia, truly a Church, that wants any thing Essentiall to a Church.

If it be yeelded that in such a case there is nothing Essentiall wanting to This Church: I will again suppose that within a year or Two, another English Ship be cast on the same very Iland, and have such another Company or Church; I demand now whether it be necessary, that Both These Churches must needs joyn together, or at least depend One on the Other.

If it be not necessary, I have what I desire. If it be necessary, Then was not the former Church a True Church; because it wanted something Essentiall and Necessary to a Church; to wit, Dependence on some other Church.

If it be said, This Church did before depend on the whole Catholike Church, I will not gainsay it; so They mean only Thus much, that This Church was a true member of the True Church or Body of Christ; which is but made up of so many particular Congregations, as mans body of its particular members. And so This will be no more than to say, All the members of the Body are Parts of the Body, and conjoyned together, but onely subordinate to the Head. For, I suppose no man will say One of my hands is dependent on the Other; but both (as all the other members) dependent on my Head: so are all particular Churches (I mean Congregations) dependent on their Generall Head, Christ, but not on other of their fellow members.

If any man shall say, that Hands depend not onely on the Head, but also on the Arms, Shoulders, and Neck, which are between Them the Head, on whom they ultimately depend.

I answer, It is true, the Hands are conjoyned to the Arms; These to the Shoulders; and Both by the Neck to the Head: but yet They depend not on any but the Head. I mean they are not directed and guided by the Dictates of Arm, Shoulder, or Neck, but only by the commands of the Head: so that there is only a bodily outward Continuity, and no virtuall Dependence, but on the Head. The Head sends out Animall Spirits, and by them guides my Hand, as my fancie pleascth. This Guiding or Directing Depends onely on the Head, not Arm, which (when I mean to move my Hand ) is but as it were my Hands Servant, that must go and call, and lead my Hand (as a Gentleman-Usher) but not command it.

So are also all the Churches, all severall congregations; They are all members, and are all outwardly conjoyned One to another (through all the world) by the tendons and illegible of Rivers, Seas, Hils, Vallies, and the like. Yea and some of These are neerer to Christ their Head; as they keep themselves purer; and walk more closely in dependence on Him. Yet All these Churches are but coordinate, not among themselves subordinate. They are but conjoyned each to other, not dependent each on other, but All on their Head; which alone can command and move them. Yea though perhaps some One Church may come between Christ and another Church (as the Arm between the Head and Hand) yet it is there but as a servant to call on, lead, help, uphold, (being so commanded by the Head) but not to command, dictate, or over-top its fellow-members.

You see here what Power we give to Synods and Councels, or all other Churches over one particular Church; to wit, a counselling, perswading (which sure is very prevailing) but not commanding Authority.

I doubt not but Christ doth sometimes require one Church to incite, exhort, admonish, and perswade another fellow-Church (though This be not required of any one Angel in the Apocalyps, towards another Church or Angel, yet I suppose it may be in some cases) yea and so that the Other Church may haply sin if she do not follow this call and counsell: yet not because it comes from her fellow-Church, (or any Synod) but because it comes from Christ her Head, that speaks through This Church to her fellow. As the Hand might justly be stiled rebellious that rejects the Animall Spirits sent from the Head, though they come through the Arm; Which is here in this case, not only a servant to the Head, but to the Hand also.

Yet doth not the Hand rebell, because it refuseth that which comes from the Arm, but because it came from the Head, but through the Arme as an instrument. For if ever the Arme impose ought on the Hand, which comes not from the Head (as it doth sometimes in a flux of putrid humours from an illegible in the Arme ) in this case the Arme erres in so imposing on the Hand, but the Hand rebels not in rejecting what the Arme so sends: because it comes not from the Head. On which (and on which alone) all the members virtually depend, and not on any one or more fellow-members.

All this while, though we dispute the Independency of Churches among themselves; yet we have not the least shadow of a Thought to withdraw any Church from the civill Magistrate; Nay, These men (whom our Bishops brand so with Separation) most cordially affirme that if Episcopacy can prove greater or better subjection, or but equall to Them, They will not scruple to subscribe to Them.

But alas, if we once give way to Dependence of Churches, must not the Church of England Depend on the Dutch, or the Dutch on England; as much as one Church in England must Depend on a Provinciall Church of Canterbury, or Nationall in all England?

And if the English Church must Depend on the Dutch, or Dutch on English; which shall be Inferior? This, or That? by This Dispute of Precedency, wee shall at length cast all Churches into such a confusion, as some of our Bishops Sees were heretofore, for superiority. Pompeius non admitt it superiorem, Cæsar non parem, Pompey could not endure a superior, nor Cæsar an equall. And now I conceive York is inferior to Canterbury, Durham to York; not by any Law Morall, or of Nature, but positive of State.

Yea, by This Dependence, will follow: farre greater Evill than This dispute and confusion about Precedency: For if One whole Church must so depend on another, then must also the Officers of This depend on Those of That Church; And if so, shall not all Church-Officers returne to the Pope at length, as to One Supreme Head on Earth?

If Geneva depend on France, why not France on Spain? Spain on Italy? Italy on Rome? Rome on the Pope? And had I begun a great deallower, should have come up higher to this illegible

Perhaps all the Inconveniences that can be objected on Independence, though they could not be answered (as I conceive they may) will not ballance this one inconvenience of Dependence. But no more of this.

The next Grand Inconvénience that may be feared on the removall of our Prelates is, Licentia prædicandi, A liberty of Preaching, not onely in that sense in which this phrase is used beyond the Seas, and was in that sense forbidden under our last Royall King James: That was Licentia quoad Materians, A liberty in regard of the subject matter; This quoad Personam, in regard of the Person.

Now they say; not onely every matter will be preached, what every Minister pleaseth, but also every Person will turn Preacher: Even Shoomakers, Coblers, Feltmakers, and any other.

God is the God of Order, and not of Confusion. And if Order is to be observed any where, it is sure in matter of Worship: For if through the Churches default Disorder breake in, at any craney, you shall sinde the Preach grow wider and wider every day: Except the Cleft be stopt, the Ship may quickly sinke. And therefore I shall wholly agree, and joyne with them that endeavour with the first, toallay the very semblance and apparition (lesse than the least bubling up) of Disorder.

Onely this I could heartily wish, that Fire and Fagot may not determin this Controversie; that these men may not bee dealt with, as here some of the Martyrs in Queene Maries daics; for oft when the Bishops could not reply, they would start up and sweare by the Faith of their Body, that this was a dangerous, grosse, Hereticall opinion; And all this was but a Prologue to that Tragedy, whose Epilogue was Flame and Fago; or at least the Fasces, a bundle of rods, to younger men.

We have oft seene some of these Preachers before the highest Tribunall in this Kingdome; For we thought it unreasonable (with those in the Acts ) to condemne any before they were heard.

I was not their Judge alone, nor will I be at this time. Only that it may appeare I attended their pleading (as it becomes any in a Court of Justice) I will give the world an account, what Those men say for themselves; and so I shall leave them to be judged by wise men.

First, they conceive there be some Ordinances which are proper only to the Church, and Church-Officers, belonging only to Church Assemblies (such as is the Administration of Sacraments, the Conferring of Orders, and all of this nature) These they think Sacred, such as may not be touched by any but Church-Officers; and of These they say, let Vzzah take heed how he touch the Ark, though it shake.

But there are other Ordinances (they say) of a Middle nature; as they are exercised in a Church Assembly, by Church-Officers, They may truly be called Church-Ordinances; yet are such as may be used Out of Church Assemblies, and therefore probably by Other than Church-Officers, As Praying, Reading the Scripture, Cathechising, Exhortation, and the like; which (as they conceive) are not confined to the Church only, or Church Officers.

1. Because Heathens and Publicans may be admitted, nay ought to be invited, to These Ordinances. And it seemes no Mortall sinne, for a Lay-man in China, to call together a company of Heathens, and preach to them the Christian Religion, yet here is no True Church, till a Congregation will Embrace This Doctrine, and joyne in serving God.

2. They conceive Our State, by publick authority, hath and doth allow so much as This. For they see Clerks (even in publick Assemblies) Read Psalmes, Prayers, and oft some parts of Scripture; Deacons preach, yea and Baptize, and help to administer the Lords Supper; and yet no man takes them for compleat Ministers: yea of old, and perhaps now also by Law, they are not at all Clergymen.

3. Former Preachers have taught them, that every Master of a Family, may and must read, pray, catechise, and the like, in his owne Family, if hee have none there that can doe it better than himselfe. Therefore These seeme rather to come under the Notion of Private Duties rather than Publike Church-Ordinances; though sometime they be performed in Churches, yet other times they may be performed out of Churches, and by those that are not publike Church Officers.

Therefore these poore men (through their weaknesse) think such Ordinances free to be performed by any Christian, whether of the Clergy, or Laity. And their zeale makes them conceive, if God give gifts of Understanding, Memory, Judgement, and Utterance, and an Earnest Desire to doe good with these (lest they wrap up their Talent in a Napkin) They have the Maine (to wit, an inward) Call to performe these duties in their owne Families: or elsewhere, if they have an outward Call too.

For they solemnly professe, they hold it not fit to illegible or intrude themselves on any Congregation: But if any will come of themselves, either to their owne Families, or send for them, and desire to heare them, among some good men, they take this for a call, an outward call, to performe those duties, to that Congregation. For, they thinke the wayes of Gods Spirit are free, and not tied to a University man; so that having an inward call, they conceive the desire of any one Congregation, is outward call sufficient, though the Bishop call not.

Yea, some Exercises in Gods Worship, they thinke there be, which are warranted from the Gift that enables and not from the Call that invites: so that a man whom God hath enabled with Parts and Gifts, might use them, though no man Living call him. And this also is the Judgement of many Learned men; as of That Ingenuous, Worthy, Learned man Master Thorndicke, of late Touching on That of the Corinths.

So long then as they Encroach not on Ordinances appropriate to Church-Officers, they thinke they sinne not in performing other duties, where there are none that can, or will performe them better. They have learned Latine Enough to say, Bonum quò Communius, eò melius, What is Good, is made better by the commonnesse. They have read of Moses, wishing all the Lords People were Prophets; and that God would poure out his Spirit on them all.

Yea, they have heard that God promised to poure out his Spirit upon all Flesh, all Beleevers (as well Lay as Clergy) so that Young men should see Visions, and Old men dreame Dreames, and though this were begun to be accomplished even in our Saviours time, yet they (perhaps through ignorance) Expect it should be yet still more and more accomplished every day, till Knowledge cover the Earth, as Waters fill the Sea; even till there be no more need that any man should teach his neighbour, for all men shall know the Lord; and they poore men expect a new Heaven, and a new Earth, wherein there shall need no more Temples of stone, but all good men shall be Prophets, Priests, and Kings. In the meane time they say Waters must flow out of the bellies of all that believe, till at length the great Waters of the Sanctuary flow forth without measure.

Yea, they are much encouraged from the Practise of the Church in the Acts, where all the members, Every beleever, Acts 8. 4. 11. 19. being scattered by persecution, went about Preaching.

If it be Objected that this was an Extraordinary Case; at the first beginning of the Church, and in time of Persecution, c.

They Answer, that they conceive almost as Extraordinary case in This Land, at This Time; Where the Church is so much unsetled, and hath been so much persecuted. In some places they see no Ministers; scarce any in some whole Shires, as in Cumberland, Westmorland, Northumberland, and especially in Wales: Where the Church is even yet scarce ( ne vix ) so much as well begunne to be planted, or the Gospell Preached.

In other places, where there is some shew of a Church, some Ordinances, some Ministers; yet even here, they thinke the Church calleth for many more Ministers, at least for much more, and much better preaching than it yet hath.

Specially since the late cruell Tyranny of some Lording Prelates, hath almost quite put downe Ordinances, silenced Good Ministers, and forbidden Preaching; Having so detained the Truth (and smothered it) by unrighteousnesse, that there is scarce left the Face of a true Church. They conceive this an extraordinary time, an extraordinary Case, and Call, for all that are enabled by God, with Parts and Gifts, fit for such exercises.

And they conceive 30, or 40, or an 100. Good men of any one or more congregations, to be as Fit Judges of their parts and abilities every way, as One Lord Bishop and his ignorant (perhaps Drunken) Chaplain; who makes scruple of admitting any to Orders, but Bowers and Cringers, sinks of Superstition. Yet when they please, they can pose in an Ale-house, and lay hands (well quickned with angels) on Tapsters, Coblers, Butchers, and many such, that are so farre from the smell of a Colledge, that they never saw an A. B. C. or Primer to purpose, much lesse a Ferula in a Grammer School.

In the last place they solemnly professe they are ready to hear or read, any that either by writing, preaching, or private discourse shall inform them better than now they see or know. They would thank any man that will satisfie their consciences, and convince their judgment: For, they professe they are not acted by vain-glory, or faction, but conscience, and desire of propagating Truth, and spreading the Gospell, as God shall give them opportunities.

And supposing such parts, gifts, and abilities, fit for those duties; They conceive no man may upbraid them with poverty, or former living in a trade; which yet they think not altogether incompatible to Preaching: for they have read of Saint Paul (and others) intermixing his Sermons with making of Tents.

Yea though they have not such parts and gifts as S. Paul; yet they think the work of Preaching much more compatible with all works of the Hands, than with any one other study of the brain, or minde: and yet they see many Civill Lawyers take Livings, and have the Cure of Souls: Yea, and all their Lord Bishops have Two Callings, Two severall (opposite) Studies; and yet for all Those two, They can spend as much, or more time at Cards and Dice (or worse) than at either of their Callings.

Nor are they so tyed to their outward Callings, but if the Church shall think it fit, they are ready to give up all, and apply themselves wholly to the study of Scriptures, and work of the Ministery.

In the mean time they follow their Callings, (not living idlely, or going up and down Tatling as Busie-Bodies) but being diligent to serve God both with their hands, hearts also, yea and tongues too, if God shall call them, and give opportunity as well as abilities.

I would not be mistaken by my Reader. All this time I am speaking Their words, not my own; All that I desire is, that they may have a fair Hearing, before they be severely censured. And I move this the rather, because they are still ready to say, Most that condemn them never heard them: I could not but do what in me lyes, to remove This scandall.

It may be Expected I should now shew my own Opinion; and answer all These Things, which Those poor men say for themselves. But I must confesse I am already almost tyred with relating the Arguments of one part onely; so that I dare not set on the other.

Neither indeed do I think it needfull: Most of That which They say, being such, that it is not like to do much hurt; and so I think it not needfull to refute it. What must be resuted, may much better be done by Others of better Parts, and sounder judgements: for I know some that in One poor discourse of Truth, are by their wit able to finde all the seventeen Intellectuall Sinnes; how much more in a discourse of Error?

Onely by the way, I cannot but shew how weakly These poor Preachers answer some strong objections brought against them.

As This in the First place: That by This Course, All Errors and Heresies shall quickly come to be vented and maintained in the Church, when every man may Preach that will and what he will, without controul.

To This Argument, All their Answer, that I can remember, is This.

First, that They maintain not, that Any man may Preach that Will. No; They say it must be One of Parts, Gifts, and Abilities fit for a Preacher; and that not onely in his owne fancie, but in the Judgment of many Godly men: Who (being many) are as like to be fit and able to judge of Abilities on Their Tryall, as any One Bishops Chaplain; that yet useth to present to his Lord, after little or no posing, One whom he never heard speak, (much lesse Preach or Pray) before he came for Holy Orders.

Secondly, they say, They maintain not, that any such man (so Gifted and Called, being judged fit by the votes of many) may yet Preach what he will. No, they are as much limited, and kept within bounds, as if they were licensed by the Bishop.

For, if he Preach false Doctrine, either in matters of Church or State, they say the Bishops Keyes, or at least his Long Sword, may reach him as well in a Parlour, or some little Pulpit, as if he were a Licentiate in a Great Cathedrall. And if he Preach no false Doctrine, must he suffer (say they) for Preaching True?

It is true, No wise man living will blame (much lesse punish or fine) a man that speaks a good True Discourse of Law, or Physick, though he be Licentiate in neither; But These poor men consider not, the Case is not the same in Preaching a True discourse in Divinity. Yet let us give way, and they will speak more.

Again they say, Suppose they did hold (which they do not) that Any man living might Preach that would, and what he would; yet perhaps there would not follow so great Inconvenience as some imagine.

For, All such supposed Preachers are either Wise men or Fools. If Wise, they will Preach Wisely, and so do Good. If Fools, Foolishly, and so do no Hurt, or at least very little hurt: For, it is not for a Fool to broach an Heresie, and maintain it, or spread it much. No, Arrius, Pelagius, Arminius, and such, were men of the greatest Parts, but set wrong.

Yea suppose some of these Non-Licentiate Preachers be men of the greatest Parts possible, and so possible to become dangerous Hereticks; Doth the Heresie spread it self the more for not being Licensed? Might not This Great man do as much hurt (yea much more) if he were licensed, than now he is not?

If any answer, It is True, He is like to do more hurt, if Licensed; but therefore the Bishop in wisedome will not license him.

They rejoyn: First, it is probable One Bishop in This case will shew more care and conscience, than 20, or 30, good men in a Congregation, where This parted Man would preach?

But again, Suppose there be never a Good man (in all his Auditory;) or that all the Good men there, will not have care to suppresse This man from doing hurt: How shall, how can the Bishop do This? How can he keep him from venting, and spreading his Heresie?

First, when this man comes for a Licence to the Bishop, No man can tell how he means to preach, (when he is Licensed) except the Bishop perchance be a Prophet also, as well as a Priest and King?

Either he hath preached, (before his comming for This License) or he hath not. If he have not, No Bishop can tell how he will preach; nor can any wise man living commend him to the Bishop, as fit to make a good Preacher: since he that is the best Scholar living, and perhaps as good a man as any, yet may prove but an ill Preacher.

If he have preached before, and done well, without License. then it seems it is lawfull to preach without a License: for probation no doubt, (though most of late have denyed This.) But I ask, how long shall he be a Probationer? how many years, months, weeks? I hough he preach ten good Sermons, no man can tell, but in the next he means to broach an Heresie.

But alas These poor men see not how weak all this is. For, Is it not easie for three or four men, or a Bishops Chaplain to commend a man (be he Scholar, or Groom, or Butler, or what he will:) let the Bishop without seeing or smelling This man, give him his blessing blind-fold, and seal him a License, What hurt is in all This? For if this man preach well, the Church will get good: if ill, cannot the Bishop as soon pull him down again, as he set him up?

They answer, Suppose he may, (which is hard to suppose since Orders once given, leave an Indelible Character ) why may nor ten or twenty men, Good men in a Congregation, as well set up a man, and try how he will prove? For if well, it is well; he will doe good: If ill, these ten or twenty men can as easily pull him downe againe, as set him up.

Not so. For the Bishop is still a very wise, discreet, good, holy man; and being entrusted by the Church, will have a speciall care, even more than a hundred others, to set up a good man, or else pull him quickly downe.

To this they yet answer, The Bishop cannot tell how or what he preacheth when he hath set him up, (except he can be present in all places, at least many at once, to heare all young Preachers, that he Licenseth;) and therefore though he would pull him downe, yet he cannot, because he cannot be still present to heare him. Though he come once, twice, ten times, yet the Preacher may hold in all his Heresie, till he see the Bishop absent, and sometimes he must be absent.

But may not the Congregation then goe and complaine to the Bishop, if their Preacher doe amisse? and upon complaint the Bishop will, may and must suppresse that error.

If he doe not (they say) they are still where they were. But if he doe censure this Preacher, on the complaint of the Congregation; Either he sees they complaine unjustly (and then he doth injustice in censuring upon an unjust complaint) or else hee mast yeeld they complaine justly; and then he also grants; that this Congregation hath wisdome enough to judge, whether a man preach well or ill; and if so, why may not the Congregation censure him for ill preaching, without complaint to one Bishop?

Sedfrustra fit per plura; quod fieri potest per pauciora. And so I leave this, and come to another great Question, that is wont still to be propounded to these poore Non-Licensed Preachers.

It is this, why (if indeed they be fit, or seeme fit, or doe but think themselves fit to be Ministers, why then) do they not enter into Orders ? or at least present themselves, shewing their desire to be in Holy Oiders, if indeed they may be found fit for the Ministery, as they thinke themselves? Why doe they halt between two? either let them serve the Church wholly, and so be in Orders; or else let them forbear, and not meddle with dispensing of Holy Ordinances.

This seemed to me a very serious Question, and therefore I much desired to hear their Answers.

Some of them say, they know not yet whether they be worthy, or fit to take on them Those Greater Offices which follow Orders, onely they desire they may have leave, (as Probationers) to exercise, or keep Acts, before the Church; till the Church shall approve of them, and call them out (judging them faithfull) for higher employment, or generally to dispense all the Ordinances. In the mean time, They meddle only with such Ordinances, as they conceive not proper to Church Officers onely, but in some sort common to all Christians, yea to all men, as was said before.

Others say, they would gladly (with all their Hearts) be consecrated to God, and wholly give themselves up to his service and worship in the Ministry; but they are afraid to take Orders, as Orders are now conferred in This State. And yet in the mean time, they dare not abstain from Preaching, (where they have opportunity, and a Willing Auditory) lest they should detain the Truth, God hath revealed to them; and should be guilty of hiding their Talent in a Napkin. For they think they may do many things belonging (though not proper) to a Minister; though they be not, nor can be (as things now stand) in holy Orders. Their instance is David, who was a King, and of the Tribe of Judah, so could be neither Priest nor Levite; yet they find King David often Preaching; else they understand not the meaning of Those Phrases, O come hither, and I will shew you what God hath done for my poor soul, and the like.

If these men in this be serious, and do not pretend Conscience, where it is some other Principle, that acts them to some low end: I cannot but much pity them; that if they be fit, they neither may be licensed, nor yet preach without License. But let us see why they dare not enter into Orders, and so be Licensed Ministers.

They answer, that they have not so much against Orders conferred by our Church, or the manner of conferring them, (though under some Bishops, This hath been very strange, and not warrantable either by Law of God or man, they conceive) as they have in their judgement and consciences, against the Power conferring them.

For they doubt not to affirme, that He (who ever he be) that taketh on himselfe power, which the Scripture hath not given him, to appoint, dictate or command, any one Thing either in Doctrine or Discipline; though the Thing it selfe might possibly be good, yet He that so dictates, is Antichristian; encroaching on the Regall Office of Christ; and so a Traytor in Religion.

Now they dare not touch That, which (how Good soever in it selfe, yet) comes in Power and Virtue of an Antichristian Traytor. Yea though such a one should command them a Thing very lawfull in it selfe, (as to weare a black cloath) yet if He have not Commission to command, from Scripture, they conceive He incurres a Premunire with God; because he takes on him to doe that (as an Officer) for which he is not fore-armed with lawfull authority. In this case they think they ought not to obey Him so commanding: because though the Thing in it selfe be lawfull to be done, yet they think him an unlawfull Commander, and so dare not obey; if for no other Reason, yet for This, that by obeying here, they shall betray not only their own Priviledges, (which yet are very precious) but also the Liberties and Priviledge of all the Subjects of Christ, even of the whole Church; so that they become Traytors to their spirituall Common-wealth.

They give This Instancein Civill Things. Suppose a Sheriffe, that is a lawfull Officer, come and command me to give him forty pound, of his owne head, without lawfull Authority to beck his command; they say, if in This case I give him forty shillings, I betray not only my owne priviledge (which perhaps I may doe) but also the whole Liberty of the Common-wealth, and so become ( in Re ) a Traytor to the State: though in it selfe it belawfull to give forty shillings to any man that asks; yet now I must not doe it, because This Officer commands it by unlawfull Authority, and so without Commission.

Nor yet that they think it necessary to stay disputing the Authority of a Commander, there where is no appearance of Ground for a doubt. But if once they see and know the command is grounded on no lawfull Authority; or do but really doubt whether the Power commanding, or the Thing commanded be lawfull: They conceive themselves bound to abstaine till their judgement be cleered, (which they prosesse to desire, and by all lawfull meanes to endeavour) lest while they doe, they be condemned in their owne consciences, because they doe not act in Faith: and what is not of Faith is sinne.

I must leave These Things to be discussed by men of better judgements. In the meane time I humbly desire againe I may not be mis-understood; for it is not in my thoughts to abet the least miscarriage in any one of these poore men: nor by any meanes to countenance any of them, in a way of exercising those Duties that are too high for their parts, and abilities which God hath given them. Yet if there be any of them that have extraordinary parts, and endowments of judgement, memory, and utterance; if God stirre up these to improve their Gifts to the best advantage, yet with all meeknesse and humility, I dare not condemne them till I heare them: for I know the Spirit of God is not tied to our Fancies, but yet the Spirit of the Prophets is subject to the Prophets.

I take not on me to warrant all the paths which some cut out to themselves: Yet I most affectionately entreat men not to contemne all things in those they now brand with their usuall staine of Separatisme; which phrase many use in such scorne, as if with one stab (of that Italian dagger) they could run through Body and Soule at once.

These whom they so brand, may maintaine some errors; may not carry on the truth in the glory of it; who is so pefect? but oft-times in the midst of thickest ore we finde the purest gold: discover their errors and reject them; but doe not refuse what is good, because they hold it forth but darkly: no truth can shine in its perfect lustre at the first: light is darknesse when it first appeareth.

Yet Light was on the first Creatures, and yet not perfected till the fourth Day, (and perhaps not fully then;) so was spirituall Light the beginning of Reformation, That New Creation; yet it was not perfect at first dawning, but encreaseth still by degrees, till it have quite illegible away darknesse, and there be no more Night. All men yeeld there must be an encrease of light in the world; Now whether that be more probable to be in Doctrine or Discipline, judge yee.

At the first Rising out of Popery, the Church-lesse Church of the Albigenses, and Waldenses, (Holy Good men) began an admirable Reformation. This was much advanced by Jerome of Prague, and John Hus. Luther had many grosse errours, yet must not lose his place among these glorious Lights. After these appeareth Calvin, shining yet brighter both in Doctrine and Discipline. Since him our God hath raised up a more glorious Light among these Northerne Iles. And yet some went from us lately with a candle burning, brighter perhaps than ours; though it were lighted here. Thus Light dilating, and enlarging it selfe, seemeth to become more pure, more Light; more Glorious; and yet it seemes not to be Noone. The Light, still, will, must, cannot but encrease; why then doe wee illegible our eyes? Let it not bee said of us, that Light came in grew up among us, yet we would not use it (for we cannot but receive illegible ) because we loved darknesse.

But why doe I wonder? If these things which are by many held but ceremoniall or circumstantiall truthes; are thus slighted, seeing the sweet workings of the Spirit, Truths of a more glorious Nature, are not only under-valued, but opposed, even by those who love Christ; it is a strange thing, men call, men long for new things; and yet if any doe hold forth new and quicke actings of the Spirit, they fall under censure, of those who forget that Text, Judge not, lest ye be Judged. Thus many times, good men doe not only neglect, but abuse light, yea, they doe both grieve and quench Gods Holy Spirit. A sad case! and so are still in some part carnall; and the Flesh not only lusteth, but warreth against the Spirit.

We are too too apt to slight the sweet breathings of Gods Spirit; which He is pleased to communicate to others when wee are destitute of the same Workings. Some Christians are as it were wholly legall; they Fast, they Pray, receive Sacraments, heare Sermons, pay every one his own, live inoffensively: offensively: This is well done, but This is not All: yet this they take for enjoying God in Christ Jesus. But alas! Quantum distat ab illo, How far from that is it? Non est vivere, sed valere vita, Life consists in being healthfull, and not barely in living. These men may well be saved hereafter, but in the mean time, they lose the sweetest part of their life here.

On the other side, if God please to communicate himself in any manner of sweetnesse, so that a man begins to taste and see how good Communion and acquaintance with God is; how easily it is interrupted by loose walking; how sweet it is when enjoyed; so that it ravisheth the soul, and filleth the whole Heart, that it cannot but flow out at the Lips, in sweet breathings of, for, and after God in Christ Jesus, God in Christ Jesus. This man is presently stained with a stained with a taint of Madnesse, and I know not what Enthusiasme. If one that hath tasted and experimentally found the sweetnesse of Peace of Conscience, and knows how unpossible it is to keep it, but by close walking with God; how easily it is broken; and how hardly it is made up again when broken: so that he is content to leave Friends, Living, Liberty, All, rather than to break his Peace, wound his Conscience, sin against God, in sinning against light, or acting against Doubts. O that man is beyond all Rule of Reason; He hath a Tang of Phrensie; one pust up with a spirit of self conceit; a Rank Separatist.

But sure it should not be so among Christians. Can we not dissent in judgment (specially in these lower points of Discipline, while we agree in Doctrine ) but we must also disagree in Affection ? A hard case!

I confesse there are many now that turn the Light of Truth, into a Life of loosnesse, vanity, and profanenesse; and we are all too too proneto This. There are some Enthusiasticks, who profane the Spirit. This I would resist with all my might. But let not all suffer with the wicked. Some without warrant run away from their Callings, and takeup a bare, empty, fruitlesse Profession of Christianity, without the least dramme of life or power; These men my soul hateth.

But when God shall so enlarge his Hand, and unveil his face, that the poore creature is brought into communion and acquaintance with his Creator: steered in all his wayes, by his pirit; and by it carried up above shame, feare, pleasure, comfort, losses, grave, and death it selfe; Let us not censure such Tempers, but blesse God for them. So far as Christ is in us, we shall love, prise, honour Christ, and the least particle of his Image in others: For we never prove ourselves true members of Christ more, than when we embrace his members with most enlarged, yet straitest Affections.

To this end, God assisting me, my desire, prayer, endeavour shall still be, as much as in melies, to follow peace and holinesse; and though there may haply be some little dissent betweene my darke judgement, weake conscience, and other Good men, that are much more cleare and strong; yet my prayer still shall be, to keepe the Unity of the Spirit in the Bond of Peace. And as many as walke after this Rule, Peace I hope shall still be on them, and the whole Israel of God.

FINIS.

The Stationer to the Reader.

Courteous Reader, I have thought good to translate divers Passages of this Treatise into English, ( when part of the sense is contained in the Latine Phrase, or expreßion ) that they who are unlearned, may be able more fully to understand and the meaning of what they read. Accept of my good intention, and Pardon me, both in that, by my English, I interrupt the smoothnesse of the Style; and also that I cannot so render the Latine, as to retain the elegancie and native beauty of the Authors expression. Farewell.

6.: Henry Parker, Observations upon some of his Majesties late Answers and Expresses (2 July, 1642).

OBSERVATIONS

upon some of his Majesties late Answers and Expresses.

The second Edition corrected from some grosse errors in the Presse.

IN this contestation betweene Regall and Paliamentary power, for methods sake it is requisite to consider first of Regall, then of Parliamentary Power, and in both to consider the efficient, and finall causes, and the meanes by which they are supported. The King attributeth the originall of his royalty to God, and the Law, making no mention of the graunt, consent, or trust of man therein, but the truth is, God is no more the author of Regall, then of Aristocraticall power, nor of supreame, illegible of subordinate command; nay, that dominion which is usurped, and not just, yet whilst it remaines dominion, and till it be legally againe devested, referres to God, as to its Author and donor, as much as that which is hereditary. And that Law which illegible King mentioneth, is not to be understood to be any speciall ordinance sent from heaven by the ministery of Angels or Prophets ( as amongst the Jewes it sometimes was ) It can be nothing else amongst Christians but the Pactions and agreements of such and such politique corporations. Power is originally inherent in the people, and it is nothing else but that might and vigour which such or such a societie of men containes in it selfe, and when by such or such a Law of common consent and agreement it is derived into such and such hands, God confirmes that Law: and so man is the free and voluntary Author, the Law is the Instrument, and God is the establisher of both. And we see, not that Prince which is the most potent over his subjects, but that Prince which is most Potent in his subjects, is indeed most truely potent, for a King of one small City, if he be intrusted with a large Prerogative, may bee sayd to be more Potent over his subjects, then a King of many great Regions, whose prerogative is more limited: and yet in true realtitie of power, that King is most great and glorious, which hath the most and strongest subjects, and not he which tramples upon the most contemptible vassells. This is therefore a great and fond errour in some Princes to strive more to be great over their people, then in their people, and to ecclipse themselves by impoverishing, rather then to magnifie themselves by infranchising their Subjects. This we see in France at this day, for were the Peasants there more free, they would be more rich and magnanimous, and were they so, their King were more puissant; but now by affecting an adulterate power over his Subjects, the King there looses a true power in his Subjects, imbracing a cloud instead of Juno. but thus we see that power is but secondary and derivative in Princes, the fountaine and efficient cause is the people, and from hence the inference is just, the King, though he be singulis Major, yet he is universis minor, for if the people be the true efficient cause of power, it is a rule in nature quicquid efficit tale, est magis tale. And hence it appeares that at the founding of authorities, when the consent of societies convayes rule into such and such hands, it may ordaine what conditions, and prefix what bounds it pleases, and that no dissolution ought to be thereof, but by the same power by which it had its constitution.

As for the finall cause of Regall Authoritie, I doe not finde any thing in the Kings papers denying, that the same people is the finall, which is the efficient cause of it, and indeed it were strange if the people in subjecting it selfe to command, should ayme at any thing but its owne good in the first and last place. Tis true according to Machavills politicks, Princes ought to ayme at greatnes, not in, but over their Subjects, and for the atchioving of the same, they ought to propose to themselves, no greater good then the spoyling and breaking the spirits of their Subjects, nor no greater mischiefe, then common freedome, neither ought they to promote and cherish any servants but such as are most fit for rapine and oppression, nor depresse and prosecute any as enemies, but such as are gracious with the populacy for noble and gallant Acts.

To be deliciæ humani generis is growne fordid with Princes, to be publike torments and carnificines, and to plot against those Subjects whom by nature they ought to protect, is held Cæsar -like, and therefore bloody Borgias by meere crueltie treachery hath gotten roome in the Calender of witty, and of spirited Heroes. And our English Court of late yeares hath drunke too much of this State poyson, for eyther wee have seene favorites raysed to poll the people, and razed againe to pacifie the people; or else (which is worse for King and people too) we have seene engines of mischiefe preserved against the people, and upheld against Law, meerely that mischeese might not want incouragement. But our King here, doth acknowledge it the great businesse of his coronation oath to protect us: And I hope under this word protect, he intends not onely to shield us from all kind of evill, but to promote us also to all kind of Politicall happinesse according to his utmost devoyre, and I hope hee holds himselfe bound thereunto, not onely by his oath, but also by his very Office, and by the end of his soveraigne dignitie. And though all single persons ought to looke upon the late Bills passed by the King as matters of Grace with all thankefulnesse and humility, yet the King himselfe looking upon the whole State, ought to acknowledge that hee cannot merit of it, illegible that whatsoever he hath granted, if it be for the prosperity of his people (but much more for thier ease) it hath proceeded but from his meere dutie. If Ship money, if the Starre Chamber, if the High Commission; if the Votes of Bishops and Popish Lords in the upper House, be inconsistent with the welfare of the Kingdome, not onely honour but justice it selfe challenges that they be abolisht; the King ought not to account that a profit or strength to him, which is a losse and wasting to the people, nor ought he to thinke that perisht to him which is gained to the people: The word grace founds better in the peoples mouthes then in his, his dignitie was erected to preserve the Commonaltie, the Commonaltie was not created for his service: and that which is the end is farre more honorable and valuable in nature and policy, then that which is the meanes. This directs us then to the transcendent ἀχμὴ of all Politiques, to the Paramount Law that shall give Law to all humane Lawes whatsoever, and that is Salus Populi: The Law of Prerogative it solfe, it is subservient to this Law, and were it not conducing thereunto, it were not necessary nor expedient. Neither can the right of conquest be pleaded to acquit Princes of that which is due to the people as the Authors, or ends of all power, for meere force cannot alter the course of nature, or frustrate the tenour of Law, and if it could, there were more reason, why the people might justifie force to regaine due libertie, then the Prince might to subvert the same. And tis a shamefull stupidity in any man to thinke that our Ancestors did not sight more nobly for their free customes and Lawes, of which the conqueror and his successors had in part disinherited them by violence and perjury, then they which put them to such conflicts, for it seemes unnatural to me that any nation should be bound to contribute its owne inherent puissance, meerely to abet Tiranny, and support slavery: and to make that which is more excellent, a prey to that which is of lesse worth. And questionlesse a native Prince, if meere Force be right, may disfranchise his Subjects as well as a stranger, if he can frame a sufficient party, and yet we see this was the foolish sinne of Rehoboam, who having deserted and rejected out of an intollerable insolence, the strength of ten tribes, ridiculously sought to reduce them againe with the strength of two. I come now from the cause, which conveyes Royalty, and that for which it is conveyed, to the nature of the conveyance. The word Trust is frequent in the Kings Papers, and therefore I conceive the King does admit that his interest in the Crowne is not absolute, or by a meere donation of the people, but in part conditionate and fiduciary. And indeed all good Princes without any expresse contract betwixt them and their Subjects, have acknowledged that there did lie a great and high trust upon them; nay Heathen Princes that have beene absolute, have acknowledged themselves servants to the publike, and borne for that service, and professed that they would manage the publike weale, as being well satisfied populi Rem esse, non suam. And we cannot imagine in the fury of warre, (when lawes have the least vigour) that any Generalissimo can be so uncircumscribed in power, but that if he should turne his Canons upon his owne Souldiers, they vvere ipso facto absolved of all obedience, and of all oathes and ties of allegiance vvhatsoever for that time, and bound by higher dutie, to seeke their owne preservation by resistance and defence: vvherefore if there bee such tacite trusts and reservations in all publike commands, though of the most absolute nature, that can be supposed, vve cannot but admit, that in all well formed monarchies, vvhere kingly Prerogative has any limits set, this must needs be one necessary condition, that the subject shall live both safe and free. The Charter of nature intitles all Sùbjects of all Countries vvhatsoever to safetie by its supreame Law. But freedome indeed has divers degrees of latitude, and all Countries therein doe not participate alike, but positive Lawes must every vvhere assigne those degrees.

The great Charter of England is not strait in Priviledges to us, neither is the Kings oath of small strength to that Charter, for that though it bee more precise in the care of Canonicall Priviledges, and of Bishops and Clergy men (as having beene penned by Popish Bishops) then of the Commonalty, yet it confirmes all Lawes and rightfull customes, amongst vvhich vve most highly esteeme Parliamentary Priviledges; and as for the word Eligerit, whether it be future, or past, it skills not much; for if by this oath, Law, Justice and descretion be executed amongst us in all judgements (as vve illegible as out of Parliament) and if peace and godly agreement be intirely kept amongst us all, and if the King defend and uphold all our lawes and customes, vve need not feare but the King is bound to confent to new Lawes if they be necessary, as vvell as defend old: for both being of the same necessity, the publique trust must needs equally extend to both; and vve conceive it one Parliamentary right and custome, that nothing necessary ought to be denyed. And the vvord Eligerit, if it be in the perfect tense, yet shewes that the peoples election had illegible the ground of ancient Lawes and customes, and vvhy the peoples election in Parliament should not be now of as great moment as ever, I cannot discover.

That vvhich results then from hence, is, if our Kings receive all royalty from the people and for the behoofe of the people, and that by a speciall trust of safety and libertie expressely by the people limited, and by their owne grants and oathes ratified, then our Kings cannot be sayd to have so unconditionate and high a proprietie in all our lives, liberties and possessions, or in any thing else to the Crowne appertayning, as vve have in their dignity, or in our selves, and indeed if they had, they vvere not borne for the people, but merely for themselves, neither were it lawfull or naturall for them to expose their lives and fortunes for their Country, as they have beene hitherto bound to doe, according to that of our Saviour, Bonus Pastor ponit vitam pro ovibus. But now of Parliaments: Parliaments have the same efficient cause as monarchies, if not higher, for in the truth, the vvhole Kingdome is not so properly the Author as the essence it selfe of Parliaments, and by the former rule tis magic tale, because vve see ipsum quid quod efficit tale. And it is I thinke beyond all controversie, that God and the Law operate as the same causes, both in Kings and Parliaments, for God favours both, and the Law establishes both, and the act of men still concurres in the sustentation of both. And not to stay longer upon this, Parliaments have also the same finall cause as Monarchies, if not greater, for indeed publike safety and liberty could not be so effectually provided for by Monarchs till Parliaments were constituted, for the supplying of all defects in that Government.

Two things especially are aymed at in Parliaments, not to be attayned to by other meanes. First that the interest of the people might be satisfied; secondly that Kings might be the better counsailed. In the summons of Edw. the first ( Claus. 7. 111. 3. Dors. ) we see the first end of Parliaments expressed: for he inserts in the writ that whatsoever affayre is of publike concernment, ought to receive publike approbation, quod omnes tangit ab omnibus approbari debet, or tructari. And in the same writ he saith, this is lex notissima provida circumspectione stabilita, there is not a word here, but it is observeable, publique approbation, consent, or treatie is necessary in all publike expedients, and this is not a meere usage in England, but a Law, and this Law is not subject to any doubt or dispute, there is nothing more knowne, neither is this knowne Law extorted from Kings, by the violence and injustice of the people, it is duely and formally establisht, and that upon a great deale of reason, not without the providence and circumspection of all the states. Were there no further Antiquity, but the raigne of Edward the first to recommend this to us, certainly so, there ought no reverence to be withheld from it, for this Prince was wise, fortunate, just, and valiant beyond all his Predecessors, if not successors also, and therefore it is the more glory to our freedomes, that as weake and peevish Princes had most opposed them, so that he first repaired the breaches which the conquest had made upon them. And yet it is very probable that this Law was sarre ancienter then his raigne, and the words lex stabilita notissima seemes to intimate, that the conquest it selfe, had never wholly buried this in the publike ruine and confusion of the State. It should seeme at this time Llewellins troubles in Wales were not quite suppressed, and the French King was upon a designe to invade some peeces of ours in France, and therefore he sends out this summons ad tractandum ordinandum, faciendum cum Prelatis Proceris aliis incolis Regni, for the prevention of these dangers: These words tractandum, ordinandum, faciendum, doe fully prove that the people in those dayes were summoned ad consensum, as well as ad concilium, and this Law, quod omnes tangit, c. shewes the reason and ground upon which that consent and approbation is founded. It is true we finde in the raigne of Edward the third, that the Commons did desire that they might forbeare counselling in things de queux ils nount pas cognizance; the matters in debate were concerning some intestine commotions, the guarding of the Marches of Scotland and the Seas; and therein they renounce not their right of consent, they onely excuse themselves in point of counsell, referring it rather to the King and his Counsell. How this shall derogate from Parliaments either in point of consent or counsell I do not know, for at last they did give both, and the King vvould not be satisfied vvithout them, and the passage evinces no more but this, that that King was very wise and Warlike, and had a very wise counsell of vvarre, so that in those particulars the Commons thought them most fit to be consulted, as perhaps the more knowing men.

Now upon a due comparing of these passages with some of the Kings late Papers, let the vvorld judge whether Parliaments have not beene of late much lessened and injured. The King in one of his late Answers, Alleadges that his Writs may teach the Lords and Commons the extent of their Commission and trust, which is to be Counsellors, not commanders, and that not in all things, but in quibusdam arduiis, and the case of Wentworth is cited, who was by Queene Elizabeth committed (sitting the Parliament) for proposing that they might advise the Queene in some things, which she thought beyond their cognizance, although Wentworth was then of the House of Commons.

And in other places the King denies the assembly of the Lords and Commons when he withdrawes himselfe, to be rightly named a Parliament, or to have any power of any Court, and consequently to be any thing, but a meere convention of so many private men.

Many things are here asserted utterly destructive to the honour, right, being of Parliaments. For first, because the Law had trusted the King with a Prerogative to discontinue Parliaments: therefore if he did discontinue Parliaments to the danger or prejudice of the Kingdome, this was no breach of that trust, because in formalitie of Law the people might not assemble in Parliament but by the Kings writ, therefore in right and equity they were concluded also, so that if the King would not graunt his Writ, when it was expedient, he did not proove unfaithfull, or doe any wrong to the people; for where no remedy is, there is no right. This doctrine was mischievous to us when the King had a Prerogative to disuse Parliaments, and if it be not now exploded and protested against, may yet bee mischievous in the future dissolution of Parliaments, for that power still remaines in the Kings trust; and if to goe against the intent of trnst be no wrong, because perhaps it is remedilesse, our Trienniall Parliaments may prove but of little service to us; Secondly when Parliaments are assembled they have no Commission to Counsell but in such points as the King pleases to propose, if they make any transition in other matters, they are liable to imprisonment at the Kings pleasure, witnesse Wentworths Case. A meere example (though of Queene Elizabeth ) is no Law, for some of her actions were retracted, and yet without question Queene Elizabeth might do that which a Prince lesse beloved could never have done: There is a way by goodnesse and clemency for Princes to make themselves almost unlimitable, and this way Queene Elizabeth went, and without doubt had her goodnesse and Grace beene fained, shee might have usurped an uncontroleable arbitrary lawlesse Empire over us. The Sunne sooner makes the travailour desert his Cloake, then the wind; And the gracious acts of soft Princes (such as Tiberius did at first personate) if they be perfectly dissembled may more easily invade the subiects liberty then the furious proceedings of such as Caligula was, but we must not be presidented in apparent violations of Law by Queene Elizabeth; for as generall reverence gave her power to doe more then ordinary, so her perfect undissembled goodnesse, upon which her reverence was firmely planted, made the same more then ordinary fact in her, lesse dangerous then it would have beene in another Prince. In this point then leaving the meere fact of Queene Elizabeth; wee will retire backe to the ancient Law and reason of Edward the first, and wee thereby shall maintaine that in all cases wheresoever the generality is touched, the generality must bee consulted.

Thirdly, if the Lords and Commons bee admitted to some Cognizance of all things wherein they are concerned, yet they must meerely Counsell, they must not command, and the King Reasons thus, that it is impossible the same trust should bee irrevocably committed to Us, and our Heires for ever, and yet a power above that trust ( for so the Parliament pretends ) bee committed to others, and the Parliament being a body and dissolvable at pleasure, it is strange if they should bee guardians and controlers in the manage of that trust which is granted to the King for ever. It is true, two supreames cannot bee in the same sence and respect, but nothing is more knowne or assented to then this, that the King is singulis major, and yet universis minor, this wee see in all conditionall Princes, such as the Prince of Orange, c.

And though all Monarchies are not subiect to the same conditions, yet there scarse is any Monarchy but is subiect to some conditions, and I thinke to the most absolute Empire in the world this condition is most naturall and necessary, That the safetie of the people is to bee valued above any right of his, as much as the end is to bee preferred before the meanes; it is not just nor possible for any nation so to inslave it selfe, and to resigne its owne interest to the will of one Lord, as that that Lord may destroy it without injury, and yet to have no right to preserve it selfe: For since all naturall power is in those which obay, they which contract to obay to their owne ruine, or having so contracted, they which esteeme such a contract before their owne preservation are felonious to themselves, and rebellious to nature.

The people then having intrusted their protection into the Kings hands irrevocably, yet have not lest that trust without all manner of limits, some things they have reserved to themselves out of Parliament, and some thing in Parliament, and this reservation is not at all inconsistent with the Princes trust, though hee desire to violate the same; but on the contrary, it is very ayding and strengthning to that trust, so farre as the Prince seekes to performe it, for the peoples good; but it is objected, that a temporary power ought not to bee greater then that which is lasting and unalterable, if this were so, the Romans had done unpolitikely, in creating Dictators, when any great extremitie assailed them, and yet wee know it was verie prosperous to them, sometimes to change the forme of government; neither alwayes living under circumscribed Consuls, nor yet under uncircumscribed Dictators: but it is further objected, that if wee allow the Lords and Commons to be more than Councellors, we make them Commanders and Controllers, and this is not sutable to Royaltie. We say here, that to consent is more than to counsell, and yet not alwayes so much as to command and controll; for in inferiour Courts, the Judges are so Councellors for the King, as that the King may not countermand their judgements, and yet it were an harsh thing to say, that they are therefore Guardians and Controllers of the King: and in Parliament, where the Lords and Commons represent the whole Kingdome, (to whom so great a Majestie is due) and sit in a far higher capacitie than inferiour Judges doe, being vested with a right both to counsell and consent, the case is far stronger; and as wee ought not to conceive, that they will either counsell or consent to any thing, but what is publikely advantagious; so by such Councell and consent, wee cannot imagine the King limited or lessened: for if it was by so knowne a Law, and so wisely established in Edward the firsts dayes, the right of the people, to be summoned at tractandum, ordinandum, faciendum, approbandum, in all things appertaining to the people, and this as then was not prejudiciall to the King, why should the Kings Writ now abbreviate or annull the same? If the King himself be disable for many high matters, till consent in Parliament adde vigour to him, it cannot be supposed that hee comes thither meerly to heare Councell, or that when he is more than councelled, that it is any derogation, but rather a supply of vertue to him. A fourth thing alleaged to the derogation of Parliaments is, That whatsoever the right of Parliaments is to assemble or treat in all cases of a publique nature, jet without the Kings concurrence and consent, they are livelesse conventions without all vertue and power, the verie name of Parliament is not due to them. This allegation at one blow confounds all Parliaments, and subjects us to as unbounded a regiment of the Kings meere will, as any Nation under Heaven ever suffered under. For by the same reason, that Parliaments are thus vertulesse and void Courts, upon the Kings desertion of them, other Courts must needs be the like, then what remains, but that all our lawes, rights, liberties, be either no where at all determinable, or else onely in the Kings breast? We contend not meerly about the name Parliament, for the same thing was before that name, and therfore the intent is, that the great Assembly of the Lords and Commons doe not represent and appeare in the right of the whole Kingdome, or else that there is no honour, nor power, nor judicature, residing in that great and Majesticall Body, then which, scarce any thing can be more unnaturall. But these divisions betweene the King and Parliament, and betwixt the Parliament and Kingdome, seeming more uncouth, ’tis attempted to divide further betweene part and part in Parliament, so making the major part not fully concluding, and in the major part, between a faction misleading, and a party mislead. Such excellent Masters of devision has Machiavils rule ( divide impera ) made since the 3 of November 1640. ’Tis a wonderfull thing, that the Kings Papers being frayted scarce with any thing else but such doctrines of division, tending all to the subversion of our ancient fundamentall constitutions which support all our ancient liberties, and to the erection of arbitrary rule, should finde such applause in the world: but we say further, that there is manifest difference between deserting, and being deserted: if the wife leave her husbands bed, and become an adulteresse, ’tis good reason that shee loose her dowry, and the reputation of a wife; but if the husband will causelesly reject her, ’tis great in justice that she should suffer any detriment thereby, or be dismissed of any priviledge whatsoever. So if the King have parted from His Parliament, meerely because they sough: His oppression, and he had no other meanes to withstand their tyranny, let this proclaime them a voyd Assembly: but if ill Counsaile have withdrawne him, for this wicked end meerely, that they might defeat this Parliament, and derogate from the fundamentall rights of all Parliaments (as His Papers seeme to expresse) under colour of charging some few factious persons in this Parliament, (God forbid) that this should disable them from saving themselves and the whole state, or from seeking justice against their enemies. So much of the Subjects right in Parliament.

Now of that right which the Parliament may doe the King by Councell; if the King could bee more wisely or faithfully advised by any other Court, or if His single judgement were to illegible be preferred before all advise whatsoever, ’twere not onely vaine, but extreamely inconvenient, that the whole Kingdome should be troubled to make Elections, and that the parties elected should attend the publique businesse; but little need to bee said, I thinke every mans heart tels him, that in publique Consultations, the many eyes of so many choyce Gentlemen out of all parts, see more then fewer, and the great interest the Parliament has in common justice and tranquility, and the few private ends they can have to deprave them, must needs render their Counsell more faithfull, impartiall, and religious, then any other. That dislike which the Court has ever conceived against Parliaments, without all dispute is a most pregnant proofe of rhe integrity, and salubrity of that publique advise, and is no disparagement thereof; for we have ever found enmity and antipathy betwixt the Court and the countrey, but never any till now betwixt the Representatives, and the Body, of the Kingdome represented. And were we not now, those dregges of humane race upon whom the unhappy ends of the world are fallen, Calumny and Envie herselfe would never have attempted, to obtrude upon us such impossible charges of Treason and Rebellion against our most sacred Councell, from the mouthes of Popish, Prelaticall, and Military Courtiers.

The King sayes; ’Tis improbable and impossible that His Cabinet Counsellours, or his Bishops or souldiers, who must have so great a share in the misery, should take such paines in the procuring thereof, and spend so much time, and run so many hazards to make themselves slaves, and to ruine the freedome of this Nation: how strange is this? wee have had almost 40 yeeres experience, that the Court way of preferment has beene by doing publike ill Offices, and we can nominate what Dukes, what Earles, what Lords, what Knights, have been made great and rich by base disservices to the State: and except Master Hollis his rich Widow, I never heard that promotion came to any man by serving in Parliament: but I have heard of trouble and imprisonment. But now see the traverse of fortune; The Court is now turned honest, my Lord of Straffords death has wrought a sudden conversion amongst them, and there is no other feare now, but that a few Hypocrites in Parliament will beguile the major part there, and To usurpe over King, Kingdome, and Parliament for ever, sure this is next to a prodigy, if it be not one: but let us consider the Lords and Commons as meere Counsellors without any power or right of Counselling or consenting, yet wee shall see if they be not lesse knowing and faithfull than other men, they ought not to be deserted, unlesse we will allow that the King may chuse whither he will admit of any counsell at all or no, in the disposing of our lives, lands, and liberties. But the King sayes, that he is not bound to renounce his owne understanding, or to contradict his owne conscience for any Counsellors sake whatsoever. ’Tis granted in things visible and certaine, that judge which is a sole judge and has competent power to see his owne judgement executed, ought not to determine against the light of nature, or evidence of fact.

The sinne of Pilate was; that when he might have saved our Saviour from an unjust death, yet upon accusations contradictory in themselves, contrary to strange Revelations from Heaven, he would suffer Innocence to fall, and passe sentence of death, meerly to satisfie a bloud-thirsty multitude. But otherwise it was in my Lord of Straffords case, for there the King was not sole Judge, nay, he was uncapeable of sitting as judge at all, and the delinquent was legally condemned, and such heynous matters had beene proved against him, that his greatest friends were ashamed to justifie them, and all impartiall men of three whole Kingdomes conceived them mortall; and therefore the King might therin, with a clear conscience have signed awarrant for his death, though he had dissented from the judgement. So if one judge on the same bench, dissent from three, or one juror at the barre from a eleven, they may submit to the major number, though perhaps lesse skilfull then themselves without imputation of guilt: and if it be thus in matters of Law, à fortiori, ’tis so in matters of State, where the very satisfying of a multitude sometimes in things not otherwise expedient, may proove not onely expedient, but necessary for the setling of peace, and ceasing of strife. For example: It was the request of the whole Kingdome in the Parliament to the King, to intrust the Militia, and the Magazine of Hull, c. into such hands as were in the peoples good esteeme. Conscience and understanding could plead nothing against this, and if it could have beene averred (as it could not, for the contrary was true) that this would have bred disturbance, and have beene the occasion of greater danger, yet Where the people by publique authority will seeke any inconvenience to themselves, and the King is not so much intressed in it as themselves, ’tis more inconvenience and injustice to deny then grant it: what blame is it then in Princes when they will pretend reluctance of conscience and reason in things behoofull for the people? and will use their fiduciarie power in denying just things, as if they might lawfully do whatsoever they have power to do, when the contrary is the truth, and they have no power to do but what is lawfull and fit to be done. So much for the ends of Parliamentary power. I come now to the true nature of it, publike consent: we see consent as well as counsell is requisite and due in Parliament and that being the proper foundation of all power (for omnis Potest as fundata est in voluntate ) we cannot imagine that publique consent should be any where more vigorous or more orderly than it is in Parliament. Man being depraved by the fall of Adam grew so untame and uncivill a creature, that the Law of God written in his brest was not sufficient to restrayne him from mischiefe, or to make him sociable, and therefore without some magistracy to provide new orders, and to judge of old, and to execute according to justice, no society could be upheld. Without society men could not live, and without lawes men could not be sociable, and without authority somewhere invested, to judge according to Law, and execute according to judgement, Law was a vaine and void thing. It was soon therefore provided that lawes agreeable to the dictates of reason should be ratified by common consent, and that the execution and interpretation of those Lawes should be intrusted to some magistrate, for the preventing of common injuries betwixt Subject and Subject, but when it after appeared that man was yet subject to unnaturall destruction, by the Tyranny of intrusted magistrates, a mischiefe almost as fatall as to be without all magistracie, how to provide a wholsome remedy therefore, was not so easie to be invented. ’T was not difficult to invent Lawes, for the limitting of supreme governors, but to invent how those Lawes should be executed or by whom interpreted, was almost impossible, nam quis custodiat ipsos custodes; To place a superiour above a supreme, was held unnaturall, yet what a livelesse fond thing would Law be, without any judge to determine it, or power to enforce it; and how could humaine consociation be preserved, without some such Law? besides, if it be agreed upon, that limits should be prefixed to Princes, and judges appointed to decree according to those limits, yet an other great inconvenience will presently affront us; for we cannot restraine Princes too far, but we shall disable them from some good, as well as inhibit them from some evill, and to be disabled from doing good in some things, may be as mischievous, as to be inabled for all evils at meere discretion. Long it was ere the world could extricate it selfe out of all these extremities, or finde out an orderly meanes whereby to avoid the danger of unbounded prerogative on this hand, and too excessive liberty on the other: and scarce has long experience yet fully satished the mindes of all men in it. In the infancy of the world, when man was not so actificiall and obdurate in cruelty and oppression as now, and when policy was more rude, most Nations did chuse rather to submit themselves to the meer discretion of their Lords, then to rely upon any limits: and to be ruled by Arbitrary edicts, then written Statutes. But since, Tyranny being growne more exquifite, and policy more perfect, (especially in Countreys where Learning and Religion flourish) few Nations will indure that thraldome which uses to accompany unbounded unconditionate royalty, yet long it was ere the bounds and conditions of supreme Lords were so wisely determined or quietly conserved as now they are, for at first when Ephori, Tribuni, Curatores c. were erected to poyze against the scale of Soveraignty, much bloud was shed about them, and, states were put into new broyles by them, and in some places the remedy proved worse then the disease. In all great distresses the body of the people was ever constrained to rise, and by the force of a Major party to put an end to all intestine strifes, and make a redresse of all publique grievances, but many times calamities grew to a strange height, before so combersome a body could be raised; and when it was raised, the motions of it were so distracted and irregular, that after much spoile and illegible of bloud, sometimes onely one Tyranny was exchanged for another: till some way was invented to regulate the motions of the peoples moliminous body, I think arbitrary rule was most safe for the world, but now since most Countries have found out an Art and peaceable Order for Publique Assemblies, whereby the people may assume its owne power to do itselfe right without disturbance to it selfe, or injury to Princes, he is very unjust that will oppose this Art and order. That Princes may not be now beyond all limits and Lawes, nor yet left to be tryed upon those limits and Lawes by any private parties, the whole community in its underived Majesty shall convene to do justice, and that this convention may not be without intelligence, certaine-times and places and formes shall be appointed for its regliment, and that the vastnesse of its owne bulke may not breed confusion: by vertue of election and representation, a few shall act for many, the wise shall consent for the simple, the vertue of all shall redound to some, and the prudence of some shall redound to all. And sure, as this admirably composed Court which is now called a Parliament, is more regularly and orderly formed, then when it was called the mickle Synod, or Witenagenot, or when this reall body of the people did throng together at it: so it is not yet perhaps without some defects, which by art and policy might receive further amendment, some divisions have beene sprung of late betweene both Houses, and some betweene the King and both Houses, by reason of the uncertainety of jurisdiction; and some Lawyers doubt how far the Parliament is able to create new formes and presidents; and has a jurisdiction over it selfe. All these doubts would be solemnly solved. But in the first place, the true Priviledges of Parliaments, not onely belonging to the being and efficacy of it, but to the honour also complement of it, would be clearly declared: for the very nameing of Priviledges of Parliament, as if they were Chimera’s to the ignoranter sort, utterly unknown to the learned, hath beene entertained with scorne since the beginning of this Parliament. The vertue of representation hath beene denyed to the Commons, and a severance has beene made betwixt the parties chosen and the parties choosing, and so that great Priviledge of all Priviledges, that unmoveable Basis of all honour and power, whereby the House of Commons claimes the entire rite of all the Gentry and Commonalty of England, has beene attempted to be shaken and disturbed. Most of our late distempers and obstructions in Parliament have proceeded from this: that the people upon causelesse defamation and unproved accusations have beene so prone to withdraw themselves from their representatives, and yet there can be nothing under Heaven, next to renouncing God, which can be more perfidious and more pernitious in the people than this.

Having now premised these things, I come to the maine difficulties lying at this time in dispute before us it is left unquestioned that the legislative power of this Kingdome is partly in the King, and partly in the Kingdome, and that in ordinary cases, when it concernes not the saving of the people from some great danger or inconvenience, neither the King can make a generall binding Law or Ordinance without the Parliament, or the Parliament without the King, and this is by a knowne Maxime, Non recurrendum est ad extraordinaria c.

It ought to be also as unquestioned, that where this ordinary course cannot be taken for the preventing of publike mischiefes, any extraordinary course that is for that purpose the most effectuall, may justly be taken and executed by the most transcendent over-ruling Primum illegible of all humane Lawes, if the King will not joyne with the people, the people may without disloyalty save themselves, and if the people should be so unnaturall as to oppose their owne preservation, the King might use all possible means for their safetie. Yet this seemes to be denyed by the King, for he sets forth Proclamations and cites Statutes in them to prove, that the power of levying armes and forces is solely in him, and he presses them indefinitely, not leaving to the Subject any right at all of rising in arme, though for their owne necessary defence, except he joynes his consent and Authority: In the same manner also, he so assumes to himselfe a share in the legislative power, as without his concurrence the Lords and Commons have no right at all to make any temporary orders for putting the Kingdome into a posture of defence, in what publique distresse soever: And therefore in Sir Iohn Hothams case, he doth not onely charge him of Treason, for observing the Parliaments instructions and Commissions in a pretended danger, but he pronounceth the meere act Treason, let the circumstances be what they will. Let the world judge whether this be not contrary to the clearest beames of humaine reason, and the strongest inclinations of nature, for every private man may defend himselfe by force, if assaulted, though by the force of a Magistrate or his owne father, and though he be not without all confidence by flight c. yet here whole nations being exposed to enmity and hazard, being utterly uncapable of flight, must yeeld their throats and submit to Assassinates, if their King will not allow, them defence.

See if this be not contrary to the originall, end, and trust of all power and Lawe, and whether it doe not open a gap to as vast and arbitrary a prerogative as the Grand Seignior has, and whither this be not the maine ground of all those bitter invectives almost which are iterated and inforced with so much eloquence in all the Kings late papers. See if wee are not left as a prey to the same bloudy hands as have done such diabolicall exployts in Ireland, or to any others which can perswade the King that the Parliament is not well affected to him, if we may not take up armes for our owne safety, or if it be possible for us to take up armes, without some Votes or ordinances to regulate the illegible or to make our defence manly, and not beastiall and void of all Counsell, the name of a King is great I confesse, and worthy of great honour, but is not the name of people greater? let not meere tearms deceave us, let us weigh names and things together, admit that God sheds here some rayes of Majesty upon his vicegerents on earth, yet except we thinke he doth this out of particular love to Princes themselves, and not to communties of men, wee must not hence invert the course of nature, and make nations subordinate in end to Princes. My Lord of Strafford, sayes that the Law of Prerogative is like that of the first table, but the Law of Common safety and utility like that of the second, and hence concludes, that precedence is to be given to that which is more sacred, (that is) Regall Prerogative. Upon this ground all Parasites build when they seeke to hood-winke Princes for their owne advantages, and when they assay to draw that esteeme to themselves, which they withdraw from the people: and this doctrin is common, because ’tis so acceptable: for as nothing is more pleasant to Princes then to be so deified, so nothing is more gainefull to Courtiers then so to please. But to look into termes a little more narrower, and dispell umbrages; Princes are called Gods, Fathers, Husbands, Lords, Heads, c. and this implyes them to be of more worth and more unsubordinate in end, then their Subjects are, who by the same relation must stand as Creatures, Children, Wives, Servants, Members, c. I answer, these termes do illustrate some excellency in Princes by way of similitude, but must not in all things be applyed, and they are most truly applyed to Subjects, taken divisim, but not conjunction: Kings are Gods to particular men, secundum quid, and are sanctified with some of Gods royaltie; but it is not for themselves, it is for an extrinsecall end, and that is the prosperitie of Gods people, and that end is more sacred than the meanes, as to themselves they are most unlike God; for God cannot bee obliged by any thing extrinsecall, no created thing whatsoever can be of sufficient value or excellencie to impose any dutie or tye upon God, as Subjects upon Princes: therefore granting Prerogative to be but mediate, and the Weale Publike to be finall, wee must rank the Lawes of libertie in the first Table, and Prerogative in the second, as Nature doth require; and not after a kind of blasphemy ascribe that unsubordination to Princes, which is only due to God; so the King is a Father to his People, taken singly, but not universally; for the father is more worthy than the son in nature, and the son is wholly a debtor to the father, and can by no merit transcend his dutie, nor chalenge any thing as due from his father; for the father doth all his offices meritoriously, freely, and unexactedly. Yet this holds not in the relation betwixt King Subject, for its more due in policie, and more strictly to be chalenged, that the King should make happy the People, than the People make glorious the King. This same reason is also in relation of Husband, Lord, c. for the wife is inferiour in nature, and was created for the assistance of man, and servants are hired for their Lords meere attendance; but it is otherwise in the State betwixt man and man, for that civill difference which is for civill ends, and those ends are, that wrong and violence may be repressed by one for the good of all, not that servilitie and drudgeric may be imposed upon all, for the pomp of one. So the head naturally doth not more depend upon the body, than that does upon the head, both head and members must live and dye together; but it is otherwise with the Head Politicall, for that receives more subsistence from the body than it gives, and being subservient to that, it has no being when that is dissolved, and that may be preserved after its dissolution.

And hence it appeares, that the verie order of Princes binds them not to be insolent, but lowly; and not to aime at their owne good but secondarily, contrarie to the Florentines wretched Politiques. And it followes, that such Princes, as contrarie to the end of government, effect evill in stead of good, insulting in common servilitie, rather than promoting common securitie, and placing their chiefest pomp in the sufferance of their Subjects, commit such sins as God will never countenance; nay, such as the unnaturall father, the tyrannous husband, the mercilesse master is not capable of committing; nay, we must conceive that Treason in Subjects against their Prince, so far only as it concernes the Prince, is not so horrid in nature, as oppression in the Prince exercised violently upon Subjects. God commands Princes to study his Law day and night, and not to amasse great treasures, or to encrease their Cavaliers, or to lift up their hearts above their brethren, nor to wast their owne demeanes, lest necessitie should tempt them to rapine. But on the contrarie, Machiavels Instructions puffe up Princes, That they may treat Subjects not as brethren, but as beasts, as the basest beasts of drudgerie, teaching them by subtiltie, and by the strength of their Militia, to uphold their owne will, and to make meere sponges of the publike coffers: And sure if that cursed Heretike in policie could have invented any thing more repugnant to Gods commands, and Natures intention, he had been held a deeper Statesman than hee is; but I conceive it is now sufficiently cleared, that all rule is but siduciarie, and that this and that Prince is more or lesse absolute, as he is more or lesse trusted, and that all trusts differ not in nature or intent, but in degree only and extent: and therefore since it is unnaturall for any Nation to give away its owne proprietie in it selfe absolutely, and to subject it selfe to a condition of servilitie below men, because this is contrarie to the supreme of all Lawes, wee must not think that it can stand with the intent of any trust, that necessarie defence should be barred, and naturall preservation denyed to any people; no man will deny, but that the People may use meanes of defence, where Princes are more conditionate, and have a soveraigntie more limited, and yet these being only lesse trusted than absolute Monarchs, and no trust being without an intent of preservation, it is no more intended that the Pople shall be remedilesly oppressed in a Monarchy, than in a Republique. But tracing this no further, I will now rest upon this, that whatsoever the King has alleaged against raising of Armes, and publishing of Orders indefinitely, is of no force to make Sir Iohn Hotham, or those by whose authoritie hee acted, Traytours, unlesse it fall out that there was no ground nor necessitie of such defence. So much of danger certaine.

I will now suppose the danger of the Commonwealth uncertaine, the King sayes; the Parliament denyes; the King commands, the Parliament forbids: The King sayes the Parliament is seduced by a traiterous faction; the Parliament sayes the King is seduced by a Malignant Party: the King sayes the Parliament tramples upon his Crowne; the Parliament sayes the King intends Warre upon them: to whether now is the Subject bound to adhere? I will not insist much upon generall presumptions, though they are of moment in this case: for without all question ’tis more likely, that Princes may erre and have sinister ends, then such generall conventions of the Nobility, Gentry, and Commonalty so instituted, and regulated as ours are in England. The King does highly admire the ancient, equall, happy, well poyzed and never enough commended constitution of this Government, which hath made this Kingdome, so many years both famous and happy, to a great degree of envie, and amongst the rest, our Courts of Parliament: and therein more especially, that power which is legally placed in both Houses, more then sufficient (as he sayes) to prevent and restraine the power of Tyranny; But how can this be? if the King may at His pleasure take away the being of Parliament meerely by dissent, if they can doe nothing but what pleases Him, or some Clandestine Councellours, and if upon any attempt to doe any thing else, they shall be called Traitors, and without further arraignment, or legall proceeding, be deserted by the Kingdome whose representations they are, what is there remaining to Parliaments? are they not more servile then other inferiour Courts; nay, are they not in a worse condition then the meanest Subject out of Parliament? and how shall they restraine tyranny, when they have no subsistance at all themselves; nay, nor no benefit of Justice, but arbitrary. Surely if these principles hold, they will be made the very Engines and Scaffolds whereby to erect a government more tyrannicall then ever was knowne in any other Kingdome, wee have long groaned for them, but we are likely now to groane under them: but you will say, the King hath a power of dissent, he may use it at his pleasure, if hee have none, then he is a meere Cypher, and the Parliament may tyrannize at pleasure: either the one or the other must bee predominant, or else by a mutuall opposition all must perish; and why not the King predominant rather then the Parliament ? We had a maxime, and it was grounded upon Nature, and never till this Parliament withstood, that a community can have no private ends to mislead it, and make it injurious to it selfe, and no age will furnish us with one story of any Parliament freely elected, and held, that ever did injure a whole Kingdome, or exercise any tyranny, nor is there any possibility how it should. The King may safely leave his highest rights to Parliaments, for none knowes better, or affects more the sweetnesse of this so well-ballanced a Monarchy then they do, and it hath been often in their power under great provocations to load that rule with greater fetters clogs, but they would not. Let us marke but the nature, the right, the power, the wisedome, the justice, of Parliaments, and we shall finde no cause to suspect them, of such unmatchable treasons and conspiracies as are this day, and never was before charged upon them; for our Chronicles makes it apparent, that there is scarce any other Nation wherein Monarchy has been more abused by rash inconsiderate Princes, then in this, nor none at all wherein it hath been more inviolably adored, and loyally preserved from all diminution, I wish it were not some incitement to those execrable Instruments, which steale the Kings heart from us, that they thinke the Religion of Protestants too tame, and the Nation of of the English too incensible of injuries; but I hope God will the more tenderly resent these things. The composition of Parliaments, I say, takes away all jealousies, for it is so equally, and geometrically proportionable, and all the States doe so orderly contribute their due parts therein, that no one can be of any extreame predominance, the multitude loves Monarchy better then Aristocracy, and the Nobility and Gentry, prefer it as much beyond Democracy, and we see the multitude hath onely a representative influence, so that they are not likely to sway, and yet some influence they have, and that enough to preserve themselves from being overswaid. We also in England have not a Nobility and Gentry so independent and potent as in France, Germany, Denmarke, c. Nor as they were here immediately after the Conquest, by reason of their great Feoffes, whereby to give Lawes either to the Crowne, or the people; but they stand at such faire and comely distances between the King and people, and also betweene themselves, that they serve for an excellent Skreene and banke (as the Kings words are) to assist both King and people against the encroachments of each other. And as the middle Region of the aire treats loving offices betwixt heaven and earth, restraining the fumes and exhalations of Sea and Land, that they ascend not too high, and at the same instant, allaying that restlesse Planets scorching siames, which else might prove insufferable to the lower Elements: So doth Houses of Parliament, as peaceably and sweetly arbitrate betwixt the Prince and his poorest Vastals, and declining Tyranny on the one side, and Ochlocracy on the other, preserving intire to the King the honour of His Scepter, and to the people the patrimony of freedome. Let us not then seeke to corrupt this purity of composition, or conceive that both Gentry, and Nobility can combine against the King, when they have no power but derivative, the one more depending upon the King, and the other upon the people, but both most excellently to affect the good of the whole, and to prevent the exorbitance of any one part. Next, the right of all the Lords and Commons in this State is so great, that no change of goverement can be advantage to them in that temporary capacity, except they could each one obtaine an hereditary Crowne, which is a thing utterly impossible. Next, their power is meerely derivative, so that except we will conceive that both King and people will be consenting to the usurpation, nothing can be done; and if wee conceive that they may by fraud gaine their consent, nothing can withstand them. Lastly, their wisedome hath beene ever held unquestionable, and their justice inviolable, no Prince that ever cast himselfe thereupon was defrauded, no Prince that ever declined the same, proved prosperous. In sum, Parliamentary government being used as Physicke, not dyet by the intermission of due spaces of time, has in it all that is excelleut in all formes of Government whatsoever. If the King be an affector of true liberty, he has in Parliament a power as extensive as ever the Romane Dictators was, for the preventing of all publike distresses. If the King be apt to intrude upon the common liberties, the people have hereby many Democraticall advantages to preserve themselves. If Warre bee, here is the Unitive vertue of Monarchy to encounter it, here is the admirable Councell of Aristocracy to manage it. If Peace be, here is the industry and courage of democracy to improve it. Let us now see how Kings usually, governe without Parliaments, especially such as are ruled by Councell averse from Parliaments. I need not speake of France, and other Countries, where together with these generall Assemblies, all liberty is falne to the ground; I need not travell further then our stories, nay, I need not pasle beyond our owne Times, my discourse will be endlesse if I doe.

The wisest of our Kings following their owne private advise, or being conducted by their owne wills, have mistaken their best Subiects, for their greatest enemies, and their greatest enemies for their best Subiects, and upon such mistakes our iustest Kings, have often done things very dangerous. And without upbraiding I may say, that this King by the fraud of such as have incensed him against Parliaments; and his most loyall people, hath so far been possest with a confidence in the zeale of Traytors, that he hath scarse ever yet enioyed that grandour and splendor which his Ancestors did enioy. He hath met in the field with two contrary Armies of his own Subiects, and yet that Army which he went to destroy, and advanced their colours against him, was more loyall than that which himselfe commanded, and yet both were more loyall than those fatall whisperers which ingaged them so one against the other, if the whole Kingdome of Scotland had been more hearkened to, rather than some few malignants of the Popish, and Prelaticall faction, the King had sooner found out the fidelity of that whole Kingdome, and the infidelity of that wicked faction. But as things then stood, the King was as much incensed against them, as he is against us now, and he that did then perswade him that the Scots were no Rebels, seemed as great an enemy as he doth now that shall defend the innocency of Sir John Hotham; there was no difference at all betwixt that case of the Scots, and this of ours, the King attributed then as much to his own conscience and understanding, as he doth now, and he attributed as little then to the publike Votes of that Kingdome, as he doth now to this, only in this, our condition is the more unhappy, because that so fresh and memorable experiment doth not at all profit us, but still by a strange kinde of relapse, the King seemes now the more firmly to relie upon his own private reason, and counsell, the more cause he hath to confide in publike advertisements, and the more he professes to doe contrary: the maine question now is, whether the Court, or the Parliament gives the King the better Councell; the King sayes, he cannot without renouncing his own illegible and reason, prefer the Parliaments Councell before the Courts, and that which the King here calls Conscience and reason, can be nothing else but meeye private opinion; for if the Councell of the Parliament were directly opposite to common understanding, and good conscience, and the Councell of the Court were evidently consonant thereunto, there needed no such contestation: For example, the Parliament conceives that such and such ill offices have been done to frame parties, and unite forces against the Parliament the State, and therfore they desire that such Townes, and Forts, and the publick Militia may be intrusted to the custody and command of such Noblemen and Gentlemen as they conside in; the Kings secret Court-Councell suggests against this, that this request incloseth at reasonable intention in it, and that the ayme is to wrest all power out of the Kings hand, that he may be forced to depose himselfe; the effect of this is no more but to let the King know, that they are more wise and faithfull than the Parliament, and that hee may doe royally to hearken to them in condemning the Lords and Commons of most inexpiable, unnaturall, impossible Treason, for they must needs love him better then the Parliament, but he cannot hearken to the Lords and Commons without offering violence to his owne reason and conscience; here we see the misery of all, if Princes may not be led by their owne opinions, though illegible by obscure whisperers, when they scandall the loyalty of whole kingdomes without cause, rather then by the sacred and awfull councels of whole Nations, they are denyed liberty of conscience, and ravisht out of their owne understandings. And yet if Princes may be admitted to prefer such weak opinions before Parliamentary motives and petitions, in those things which concerne the Lives, Estates, and Liberties of thousands, what vain things are Parliaments, what unlimitable things are Princes, what miserable things are Subiects? I will enlarge my selfe no longer upon this endlesse Theame: Let us look upon the Venetians, and such other free Nations, why are they so extreamly iealous over their Princes, is it for feare lest they should attaine to an absolute power? It is meerely for feare of this bondage, that their Princes will dote upon their owne wills, and despise publike Councels and Laws, in respect of their owne private opinions; were not this the sting of Monarchy, of all formes it were the most exquisite, and to all Nations it would be the most desirable: Happy are those Monarchs which qualifie this sting, and happy are those people which are governed by such Monarchs.

I come now to the particularities of our own present case, for it may be said, that though publik advise be commonly better than private, yet in this case it may be otherwise; some men have advised the King, that the Parliament hath trayterous designes both against his Person Crown, and not to be prevented but by absenting himselfe, denying his influence and concurrence, frustrasting and protesting against their proceedings as invalid and seditious, and laying heavy charges of Rebellion upon them, to this advise the King hearkens, so the Parliament requests, and advises the contrary, and now in the midst of all our calamities, of gasping Ireland, and bleeding England, the Parliament seeing that either they must make use of their legislative power and make ordinance to secure some Forts and settle the Militia of the Kingdome in sure hands, and to prevent the seducers of the King or else two Kingdomes should probably bee lost, they doe accordingly. The King proclaymes to the contrary notwithstanding. The question then as I conceive is this onely, whether or no the King hath any just cause to suspect the Parliament of Treason (and can make appeare to the world as some of his Papers mention) wherein they have attempted or plotted any thing against his person and Crowne, which was the onely motive why hee sought to absent himselfe from London, and to possesse himselfe of Hull, and to frame such an impeachment against some of both Houses, if this can be affirmed and proved, the Parliament shall be held guilty in all their Votes, Ordinances and Commissions concerning Sir John Hotham and the Militia, c. Although it be the first time that any free Parliament was ever so criminous, but if this cannot bee prooved, it must be granted that according to the Votes of Parliaments, the Kings departure did by frustrating Parliamentary proceedings, in a time of such calamitie and distresse greatly indanger two Kingdomes, and whosoever advised the King to that departure, and to the charging of Treason, since layd upon the Parliament (and all such as have obeyed them, in seeking to prevent publicke mischeefes) are as pernicious enemies to this State, as ever received their being from it. The businesse of Hull is most instanced in, let that be first survayd, Sir John Hotham is to be lookt upon but as the Actor, the Parliament as the Author in hold ng Hull, and therefore it is much wondered at, that the King seemes more violent against the Actor then the Author, but since through the Actor the Author must needs be pearced, if the Act be found Treason, let us consider of circumstances, the same act may be treasonable or not, if such and such circumstances vary, for example, to possesse a Towne and shut the gates against a King is Treason, if there be not something in the act or in the intention, or in the Anthoritie of him that shuts the gates to qualifie and correct the nature of Treason in that act.

The first thing then to be lookt on is, that the King was meerely derived entrance for that time, his generall right was not denyed, and no defying language was given, no act of violence was used, though the King for divers houres together did stand within Musket shot, and did use termes of defiance, and this makes the act meerely defensive, or rather passive. And therfore how this should administer to the Kingany ground to leavy guards at Yorke, many men wonder, or that it should seeme the same thing to the King, as if hee had beene pursued to the gates of Yorke. Did the King without any feare treate Sir John Hotham as a Traytor in the face of his Artillery, and after to enter Hull with twentie Horse onely unarmed, and continue such a harsh Parley, so many houres, and yet when hee was in Yorke, in a County of so great assurance, could nothing but so many bands of Horse and Foot secure him from the same Sir John Hotham? The next thing considerable is the Parliaments intention: if the Parliament have here upon turned any of the Townesmen out of their estates, or claymed any interest in it to themselves, or have disseized the King, utterly denying his right for the future, or have made any other use of their possession, but meerely to prevent civill warre, and to disfurnish the Kings seducers of Armes and Ammunition: let the State bee branded with Treason, but if none of these things bee by any credit, though their enemies should bee judges, the most essentiall proportie of Treason must neeeds here bee absent in this act.

The next thing considerable is the Parliaments Authoritie, if the Parliament bee not vertually the whole kingdome it selfe, if it bee not the supreame judicature, as well in matters of State as matters of Law, if it be not the great Councell of the Kingdome, as well as of the King, to whom it belongeth by the consent of all nations to provide in all extraordinary cases, Ne quid detrimenti capiat Respub: let the brand of Treason sticke upon it, nay if the Parliament would have used this forcible meanes unlesse petitioning would not have prevayled, or if their grounds of jealousie were merely vaine, or if the jealousie of a whole kingdome can bee counted vaine, or if they claime any such right of judging of danger, and preventing them without the Kings consent as ordinary and perpetuall, and without any relation to publike danger, let the reward of Treason be their guerdon.

But if their authoritie be so sacred, their intention so loyall, their act free from offensive violence, and if the King might have prevented the same repulse by sending a messenger before hand, or by coming without such considerable Forces in so unexpected a manner, let not treason be here misplaced. Had Faux falne by a private mans Sword in the very instant, when he would have given fire to his trayne, that act had not bin punishable; and the Scots in England tooke Newcastle but by private authoritie, yet there were other qualifications in that act sufficient to purge it of Treason, and he is not comprehensive of the value of a whole State, nor of the vigour of our nationall union which does not so interpret it; how much more unjust then is it that the whole State of England shall be condemned of Treason for doing such an act as this, when its owne sasetie, wherein none can have so much interest as it selfe, was so highly touched? Let not all resistance to Princes be under one notion confounded, let the principles and ingredients of it be justly examined, and sometimes it will be held as pious and loyall to Princes themselves, as at other times it is distructive and impious. Let us by the same test try the actions, intentions, and authoritie of the Papists now in Ireland: and compare them with this businesse at Hull, and we shall see a diametricall contrarietie betweene them. Their actions are all blood, rapine, and torture, all ages, all sexes, all conditions of men have tasted of their infernall crueltie. Their intentions are to extirpate that Religion which hath indeavored so long to bring them from Idolatry and Atheisme, and to massacre that nation which hath indeavoured so gently to reduce them from poverty and beastiall barbarisme. Their chiefe leaders in this horrid tragedy, are Jesuites and meere Bandettoes, and the Authority of King, Parliament, and Magistracy is the principall thing which they strike at, and seeke to overwhelme in this deplorable deluge of blood, such a direct contrariety then being betwixt the true Rebells in Ireland, and the misnamed Rebells here in England, the same men which condemne the one, if they would be true to themselves, they ought to commend the other, for we have had experience often in England, and other nations have had the like, that Kings have marched forth amongst their enemies to encounter with their friends, so easily are they to be slattered into errour, and out of errour to seeke the ruine of those which ayme at nothing but predition. And yet questionlesse when Richard the second was invironed with the Forces of Spencer, and his confederates, vowing to sacrifice their blood in his quarrell, and in defiance of the adverse trayterous Peeres, he which would have told him, that those Swords drawne for him, were in truth drawne against him and his best friends, and those Swords on the other side drawne against him, or rather against his seducers were indeed drawne for him, should have found but poore acceptance, for without doubt the King would have thought such a suggestion an abuse to his sences, to his reason, to his conscience, and an impudent imposture, worthy of nothing but scorne and indignation. And if it had beene further pressed that the voyce and councell of the Peeres was the voyce and councell of the major and better part of the Kingdome, whereas Spencers party was but of inconsiderable fortunes, and his Councell was but private, and might tend to private ends, it is likely the King at the last resort; would have referred all to his owne will and discretion; but I have now done with the businesse of Hull, and therein I thinke with all objections against the Loyaltie of the Parliament, for the same reason will extend to all their Votes and actions concerning the Militia, c. and in summe all ends in this; if Kings bee so inclineable to follow private advise rather then publique, and to preferre that which closes with their naturall impotent ambition, before that which crosses the same, are without all limits, then they may destroy their best subjects at pleasure, and all Charters and Lawes of publike sasetie and freedome are voyd, and God hath not left humane nature any meanes of sufficient preservation. But on the contrary, if there bee any benefit in Lawes to limit Princes when they are seduced by Privadoes, and will not hearken to the Great Councell of the Land, doubtlesse there must be some Court to judge of that seducement, and some authoritie to inforce that iudgement, and that Court and Authoritie must bee the Parliament, or some higher Tribunall, there can be no more certaine Crisis of seducement, then of preferring private advise before publike. But the King declines this point, and saith, that hee doth not undervalue the whole Parliament, or lay charge of Treason upon all, he doth confesse that divers have dissented, and divers beene absent, c. hee deserts onely, and accuses the faction and conspiracy of some few in Parliament. Wee are now at last fallen upon an issue fit to put an end to all other invectives, let us sticke close to it. The King promises very shortly a full and satisfactory narration of those few persons in Parliament: whose designe is, and alwayes was to alter the whole frame of government both in Church and State, and to subject both King and people to their owne lawlosse Arbitrary power and government; a little of this Logicke is better then a great deale of Rhetoricke, as the case now stands. If the King will please now to publish the particular crimes of such, as hee hath formerly impeached of Treason, and the particular names of such as now hee sets forth in those Characters, and will theroin referre himselfe to the strength of his proofes, and evidence of his matter, it is impossible that any jealousie can cloud his integretie, or checke his power any longer; Then it will appeare to all, that he hath not lest us, out of any disaffection to Parliaments, or out of any good opinion of Papists, Delinquents, and other Incendiaries, but that hee was necessitated to depart from us, that hee might be the better able to preserve to us our Religion, Lawes and liberties, and that none of his solemne oathes of cordiall love to us hath wanted integretie and faith. This will satisfie all lovers of Justice, that he gives not light credit to weake whisperers or malitious informers (whose ayme may bee to bring this Parliament to some ignoble tryall, or to confound it without any tryall at all by generall aspertions and meere calumnious surmises) this will proclaime his cander and sinceritie, and set a brighter luster upon his Justice, then any oratory whatsoever. By the performance of this promise he shall not doe onely right to himselfe, but also to the whole kingdome, for the distracted multitude, being at last by this meanes undeceived, shall not onely prostrate themselves, and all their power presently at his feet, but for ever after remaine the more assured of his good, whether to publike liberties and Parliamentary Priviledges. Howsoever nothing but the awfull promise of a King could make us thinke so dishonorably of Parliaments, or suspend our judgements so long of them; for an Aristocracy in Parliament cannot bee erected without meanes, and what this meanes shall be, is yet to us altogether inscrutible, for the power of Parliaments is but derivative and depending upon publike consent, and how publike consent should be gained for the erection of a new unlawfull odious tiranny amongst us, is not discernable, the whole kingdome is not to bee mastered against consent, by the Traine Band, nor the Traine Bands by the Lords or debutie Lievtenants, nor they by the maior part in Parliament, nor the maior part in Parliament by I know not what septem-virat, there is some mistery in this which seemes yet above, if not contrary to nature, but since the King hath promised to open it, we will suspend our opinion and expect it as the finall issue of all our disputes.

The maine body of the difference being thus stated, I come now to the observations of some other severall obiections against this Parliament, and exceptions taken against arbitrary power in all Parliaments, and I shall observe no order, but consider them as I finde them, either dispersed or recollected in the Kings late Expresses.

The Parliament being complayned against for undutifull usage to the King above all former Parliaments, hath said, that if they should make the highest presidents of other Parliaments their patterne, there would be no cause to complaine of want of modesty and dutie.

The King, because some Parliaments formerly have deposed Kings, applyes these words to those Presidents, but it may iustly be denyed that free Parliaments did ever truely consent to the dethroaning of any King of England, for that Act whereby Richard the second was deposed, was rather the Act of Hen. the fourth, and his victorious Army, then of the whole Kingdome.

The Parliament is taxed of reproaching this Kings government, to render him odious to his subiects, whereas indeed all the miscariages and grievous oppressions of former times are solely imputed to the ill Ministers and Councellors of the King, And all the misfortunes of these times since November, 1640. are imputed to the blame of the Parliament: the Kings words to the Parliament are, That the condition of his Subjects when it was at worst under his government was by many degrees more pleasant and happy then this to which the Parliaments furious pretences of reformation hath brought them to. In this case the Parliament being accused of so haynous crimes, did uniustly betray themselves, if they should not lay the blame upon the Kings evill Councellors, the onely enemies and interrupters of Parliaments. Neverthalesse the King takes this as a way of the Parliament to let them into their franke expressions of him and his actions, and takes all things spoken against his ministers, as spoken against himselfe, how miserable here is the condition of the Parliament, eyther they must sinke under uniust charges, or be censured for the reproachers of their king, nay they are undutifull, if they tell not the King himselfe, that he ought not to onerate himselfe with the blame of his Councellors.

The Parliament, because it could not obtaine no equall Justice from the Court-Caveleers, who are conceived to be the first moovers of those stirres and tumults which happened at Westminster, did reserve the hearing of some of the contrary side it selfe, upon this it is objected, that the Parliament incited those seditious; and protected the actors in it, whereas they desire Justice yet, and that both sides may be brought fairely to an equall hearing, and before such hearing they desire that no parties may be condemned.

And whereas the Parliament, upon those rude commotions, are condemned as unheard, and of that which is unproved, and never can be proved, That they illegible Warre upon the King, and drove him away, yet they desire that that meer imputation may not draw any further opposition to their proceedings, and the necessities of the State; for if the King could not stay at London with safety, yet being now at York in safety, he may concurre with the advice of his Parliament; the distance of the place needs not cause any distance of affection, since the King conceives He hath so few enemies, and assures himself of so many friends in Parliament.

The Parliament sayes, That none of its Members may be apprebended in case of suspicion, where no information or witnesses ppear, to make good the Prosecution, without acquainting the Parliament, if leave may be conveniently obtained. In opposition to this a case is put, Of a Parliament-man that rides from York to London, and takes a purse by the way, the Parliament doth not priviledge Robberies so done; for though no such hing be likely ever to be done, yet if it be, in that case the evidence of the fact in that instant, allowes not onely the apprehending, but the casuall killing of such a Robber: Who sees not many differences illegible such a case, and that of the five Members of the lower House, where neither Witnesses, nor Informers, nor Relaters, nor any particularity of crime could be produced? and yet by the same act the whole House might have been surprized: And all the world knows, That the impeached Members still suffer by that Charge, and yet can obtain no right against any Informers, though it be now converted to their disadvantage.

The Parliament does not deny the King a true reall Interest in any thing held by him, either in jure illegible or in juræ Personæ, yet meerly because it affirms, That in the same thing the State hath an Interest Paramont in cases of publique extremity; by vertue of which it may justly seize, and use the same for its own necessary preservation. Hereupon, the King replies, That this utterly abolishes His Interest in all things, so that by this device, He is made uncapable, either of suffering wrong, or receiving right: a strange violented wrested conclusion; and yet the Kings Interest in Hull, and in the lives of his subjects, is not such an Interest as in other moveables, neither is the Kings Interest taken away from him; the same things are still reserved for him, in better hands then he would have put them. The Parliament maintains its own Councell to be of honour and power above all other, and when it is unjustly rejected, by a King seduced, and abused by private flatterers, to the danger of the Commonwealth, it assumes a right to judge of that danger, and to prevent it: the King sayes, That this gives them an arbitrary unlinitable power to unsettle the security of all mens estates, and that they are seduceable, and may abuse this power, nay they have abused it; and he cites the Anabaptists in Germany, and the 30 Tyrants at Athens. That there is an Arbitrary power in every State somewhere tis true, tis necessary, and no inconvenience follows upon it; every man has an absolute power over himself; but because no man can hate himself, this power is not dangerous, nor need to berestrayned: So every State has an Arbitrary power over it self, and there is no danger in it for the same reason. If the State intrusts this to one man, or few, there may be danger in it; but the Parliament is neither one nor few, it is indeed the State it self; it is no good consequence, though the King makes so much use of it, That the Parliament doth abuse power, because it may: The King would think it hard that we should conclude so against him, and yet the King challenges a greater power then Parliaments: and indeed if the Parliament may not save the Kingdome without the King, the King may destroy the Kingdom in despight of the Parliament; and whether then challenges that which is most Arbitrary, and of most danger? but the King sayes, This Parliament has abused their power. (I wish Kings had never abused theirs more) And the Parliament answers, That this is but his nude avirment, and in controversies that ought not to condemn private men; much lesse ought Parliaments to fall under it. And as for M r Hooker, he does not say, That the Anabaptists in Germany did deceive Parliaments with their hypocrisie, and therefore inferre that Parliaments ought no further to be trusted: the stirres of the Anabaptists in Germany conclude no more against Parliaments, then the imposlures of Mahomet in Arbia do. And as for the 30 Tyrants of Athens, we know they were not so chosen by the people, as our Knights, Citizens, and Burgesses are, nor created or called by any Kings Writ, as our Peers are; nor did they so meerly depend upon their own good abearing, and the good liking both of King and State, as our Lords and Commons now do; neither had they so many equalls and Rivalls as both our Houses contain: we know their power was not founded upon the consent of the Citizens, but the strength of their Souldiers; neither were their Souldiers such as our Train Bands, but meer mercinaries of desperate, or perhaps no Fortunes, whose Revenue was rapine, whose Trade was murther: I fear they were more like our Cavaliers at Yorke, then the Militia at London: Were our new Militia any other then our old Trayn Bands, or our new Lievtenants, and Deputies, any other then the same Lords and Gentlemen, with very little variation, which before were very well reputed of, both by King and Commons, and not yet by either excepted against, or did the whole fate of the kingdom depend meerly upon the new Militia, this new device of an Aristocrasie might seem the more plausible; but as things now stand, this new Aristocraticall Fabrick cannot seem to any impartiall man, but as empty a shadow, and ayrie a dream asever mans fancie abused it self withall.

The Parliament sayes, That the Kings power is fiduciary, and not to be used against the Kingdom, but for it only: The King hereupon demands, May any thing be taken from a man, because he is trusted with it? Or may the person himself take away the thing he trusts when be will, and how be will? Our case of Hull is not so generall, The things there remaining in the Kings trust for the use of the Kingdom were Arms, and by consequence of more danger, then other kinde of Chattels. And if I intrust my cloak to an others custody, I may not take it away again by force; But if it be my sword, and there is strong presumption, that it may be drawn upon me, I may use any means to secure it.

The Parliament claims a right of declaring, and interpreting Law. The King makes this question thereupon? Is the Law it self subject to your Votes, that whatsoever you say, or do, shall be lawfull, because you declare it so? Am I supream, and yet you above me? Must my power be governed by your discretion? This is the Popes Arrogance, That all must submit their understanding, and Scripture it self, to His declaring power: and a case is put of the Irish Rebels, making themselves a major part in Parliament, and so voting against the true Religion, c. In perspicuous, uncontroverted things, the Law is it own interpreter, and there no Judge is requisite, and the Parliament cannot be taxed to have declared Law by the rule of their Actions; They have squared their Actions according to Law, They may be censured, but they cannot be convinced of any injustice. Tis true, In meer matters of State, the Parliament is not bound to strict presidents at all times, but in matters of right, and justice they have not deviared, either to the right hand, or to the left: Howsoever, In matters of Law and State both, where ambiguity is, some determination must be supream, and therein, either the Kings power and trust must be guided by the discretion of the Parliament; or else the Parliament, and all other Courts must be overruled by the Kings meer discretion; and there can be nothing said against the Arbitrary supremacy of Parliaments, c. But farre more upon better grounds, may be said against the Arbitrary supremacy of the King. As for the Popes Arrogance, who undertakes to interpret Scripture where it wants no interpreter, And in matters of meer opinion to usurpe over all mens consciences; As if he had an infallibility in his sole illegible He is not an instance so fitly to be alleaged against Parliaments, as Princes, For tis very probable, That if the Church had not submitted it self to so slavish a condition under one Man, but had been governed by some generall Junto of Divines fairly elected, it had never swerved into such soul idolatry, and superstition, as it has don.

As for the case of Ireland, I conceive, tis improperly urged; For England and Ireland are one and the same Dominion, There is as true and intimate an Union betwixt them, as betwixt E ngland and Wales; And though by reason of remote situation, they do not meet in one, and the same Parliament; yet their Parliaments, as to some purposes, are not to be held severall Parliaments. And therefore, if the papists in Ireland were stronger, and had more Votes in Parliament then the Protestants, yet they would want authority to overrule any thing voted, and established before in England. For the reason, why the minor part in all suffrages subscribes to the major is, That bloud may not beshed. For in probability, The major part will prevail, and else strife, and bloudstred would be endlesse: Wherefore the major part in Ireland, by the same reason ought to sit down and acquiesce, because Ireland is not a severall monarchy from England; nor is that a major part of Ireland, and England too; for if it were, it would give Law to us, as we now give Law there; and their Statutes would be of as much vertue here, as ours are there.

The Parliament In case of extream danger, challenges an Authority of setling the Militia in sure hands, and removing doubtfull persons; if the King will not be entreated to do it of himself? The Kings sayes, This is to put His intrusted power out of Himself into others, and so to devest and disable Himself for the protection of His people. This is a strange mistake. The P arliament desires no remove all of that power which was in the King, But that which was in such or such a Substitute? And how does this devest and disable the King? And if the King sayes, That He his a better opinion of such a Substitute, then of an other, Though the P arliament conceive otherwise, Then what does He but prefer His own private opinion before the most Honourable of all Councells, before the voyce of the whole Kingdom? What higher Law then have we remaining then the Kings will? And as for his account to God, will it be easier for him to illegible That he used such an instrument of His own meer discretion against publike advice if things prove unhappy, then that He followed the most noble Councell, and such whose lifes, fortunes, and interests, were most deeply concerned in it? And as for those absurde unreasonable, incredible suppositions of the injustice, and treasons of P arliaments, as if they were lesse carefull of the publike good, then single Rulers, Though it be spoken in derision, wise men perhaps may be not so apt to laugh in applause, as in contempt of it. For how has the P arliament removed the rub of all Law out of its way, because it assumes to it self to be higher then any other Court, and to be in declaring Law, as farre beyond the Kings single countermands in P arliament, as other inferiour Courts are out of P arliaments? Or how, has it erected a new upstart Authority to affront the King, and maintain an Aristocraticall usurpations, when the main body of the Militia is still the same as it was, and such as the King professes no suspition of, and no alteration is of the heads thereof, except only in some few popishly inclined, or not publikely so honoured, and consided in as they ought? And when the same Allegiance is performed, The same Supremacy of power consessed to be now in the King over the Militia, as has ever been? Nay, What ground can there be for this imaginary usurpation, when the King prosesses, He fixes not that traiterous designe upon both, or either House of P arliament, being most confident of the Loyalty, Good Affections, and Integrity of that great Body? Is the main body of the Kingdom loyall? Is the main body of the P arliament loyall? Is the King true to Himself? And is all His great partie of Clergymen, Courtiers, Souldiers. c. constant? And yet is there a machination in hand, to introduce Aristocraticall usurpation odious to all men; which neither Kingdom, P arliament, King, nor all the Royallists can oppose? What a strange unfathomable machination, and work of darknesse is this? But this is said to be done by cunning, force, absence, or accident. If it be by cunning, Then we must suppose that the Kings party in P arliament has lost all their Law, policy, and subtilty, And that all the P arliament, except some few are luld-a-sleep by Mercuries Minstrelsie; or that some diabolicall charme has closed up all their various eyes. If it be by force, Then we must suppose that our Aritlocraticall heads carry about them great store of that Serpents teeth which yeilded heretosore so sudden and plentifull a harvest of armed men, being but cast into the surrows of the earth, Though their armies have been hitherto invisible, yet we must suppose, That they are in a readinesse to rise upon the first Alarum bearen. If it be by absence, then we must suppose, That this Aristocraticall machination is easily yet to be prevented, for tis not a hard matter to draw a full apparence together, and that we see has been done lately by the order of the House it self. Nay, we see tis not the House, but the opposite part that desires to scatter, and divide, and draw away, and as much as in them lyes to hinder a full assembly: And therefore, This is not the way. If it be by accident, Then we must be contented to expect, and have a little patience; Fortune is not alwayes constant to one certain posture, nor do the Celestiall bodies confine themselves to one unaltered motion.

The P arliament requests of the King, That all great Officers of State, by whom publike affaires shall be transacted, may be chosen by approbation, or nomination of the great Councell. The King takes this as a thing maliciously plotted against him, as a proposition made in mockery of him, as a request which He cannot yeeld to, without shewing Himself unworthy of that trust, which Law reposes in Him, and of His descent from so many great and famous Ancestors: He conceives, He cannot perform the Oath of protecting His people if He abandon this power, and assume others into it. He conceives it such a Flowre of the Crown, as is worth all the rest of the Garland, not to be parted with all upon any extremity of conquest or imprisonment; nor for any low sordid considerations of wealth, and gain whatsoever. He conceives, That if He should passe this, He should retain nothing but the Ceremonious Ensignes of Royalty, or the meer sight of a Crown and Scepter; ( nay the Stock being dead, the Twigs would not long flourish; ) but as to true, and reall power, He should remain, but the outside, the picture, the signe of a King. Could this be, If all P arliaments were not taken as deadly enemies to Royalty? the substance of the request seems to be no more but this, That it would please the King to be advised by P arliaments, rather then His own meer understanding, or any inferious Councellors in those things which concern the liberties, and lifes of the whole people. And how could this request seem equall to a demanding of the Crown, to a dethroning of the King, and to a leaving of the Kingdom destitute of protection, if P arliaments were not supposed mortall enemies to P rinces, and P rinces not supposed, but openly declared enemies to P arliaments; if the K ing choose such a man Treasurer or K eeper out of his own good liking only, or upon recommendation of such a Courtier, here he is devested of no power; but if it be upon the recommendation of the whole K ingdoms in Parliament, who in all probability can judge better, and are more concerned, this is an emptying himself of Majesty, and devesting himself of Power. Ordinary reason cannot suggest otherwise hereupon, but either Parliaments affect not K ings, nor their own good, nor would make good elections, or else K ings affect not Parliaments, nor the K ingdoms good, and therefore they oppose such elections, meerly because they are good: but let us observe the K ings reasons against Parliamentary elections; For first, He conceives them prejudiciall for the people: Secondly, Dishonourable to himself.

Man is by nature of restlesse ambition; as the meanest vassall thinks himself worthy of some greatnesse, so the most absolute Monarch aspires to something above his greatnesse. Power being over obtained by haughty mindes, quickly discovers that it was not first aimed at meerly to effect Noble actions, but in part to insult over others; and ambitious men thirst after that power which may do harm, as well as good; nay, though they are not resolved to do harm, yes they would be masters of it;— Qui nolunt occidere quenquam—Posse volunt. And yet let this power be added, the minde still remains unfilled, still some further Terrestriall omnipotence, a sharing with God, and surmounting above mortall condition is affected. Our Law has a wholesome Maxime, That the King may onely do that which is just; but Courtiers invert the sense of it, and tell him, That all is just which he may do, or which he is not restrained from doing by Law. Such and such things Princes ought not to do, though no Law limited them from doing thereof; but now those things which by nature they abhorre to do, yet they abhorre as much to be limited from. That disposition which makes us averse from cruelty and injury, we account a noble and vertuous disposicion; but that Law which shall restrain us from the same is stomacked at, and resisted, as a harsh bit to put into our illegible or bouds upon our arms. Antoninus Pius is greatly renowned for communicating all weighty affairs, and following publike advice illegible in all great expedients of high concernment; and he was not it or: honourable then prosperous therein. Had he been a meer servant to the State, he could not have condescended further; and yet if he had done necessarily, what he did voluntarily, the same thing had been in the same manner effectuall; for tis not the meer putting or not putting of Law, that does after the nature of good or evill. Power then to do such an evill, or not to do such a good, is in truth no reall power, nor desired out of any illegible but rather windy arroganoe; and as it is uselesse to men truely noble, so to men that love evill for evill ends, tis very dangerous. What will Nero more illegible then to condescend as Antoninus did? yet ’twere more necessary that Nero were limited then Antoninus; for excessive power added to Nero ’s illegible serves but as Oal poured upon flame. When Princes are as potent as vicious, we know what Ministers swarm about them; and the end is, That as vast power corrupts and inclines them to illegible Councells so they perish at last by Councellors worst of all. Tis pretended that Princes cannot be limitted from evill, but they may be disabled from doing good thereby, which is not alwayes true; and yet if it were, the people had better want some right, then have too much wrong done them: for what is more plain then this; That the Venetians live more happily under their conditionate Duke, then the Turks do under their most absolute Emperours. Neverthelesse, if we consider the noble Trophces of Rome which it gained under Consuls, and condition are Commanders, we may suppose that no defect at all could be in illegible popular and mixt government. And our neighbours in the Netherlands are a good instance; for they being to cope with the most illegible and free Prince of Christendom, being but the corn relique of a finall Nation, yet for their defence, would not put themselves under a Dictatorian power, but they prepared themselves for that so terrible encounter, under the Conduct of a Generall much limitted. Neither have those straitned Commissions yeelded any thing but victories to the States, and solid honour to the Princes of Orange; and what more, the mightiest Monarchs of our age have archieved or enjoy’d, besides the filling of a phantasticall humour with imaginary grandour. I speak not this in favour of any alteration in England, I am as zealously addicted to Monarchy, as any man can, without dotage: but I know there are severall degrees of Prerogatives. Royall, some whereof have greater power of protection, and lesse of oppression; and such I desire to be most studious of: In some things I know tis dangerous to circumscribe Princes, but in others there may be great danger in leaving them to their pleasure, and scarce any hope at all of benefir; and amongst other things, the choice of publike Officers, if the State have (at least) some illegible therein with the King, what considerable inconvenience can happen thereby to the State or King, is not in me to foresee: but if it have no share, experience sufficient teacheth us what great disasters may happen. And so for the disusing and dissolving of Parliaments; if the Parliament divide some part of that power with the King, I see great good, but no harm at all that can ensue, either to weaken the Crown, or disturb the subject thereby. But it will be said in the next place, If this disables not the King from protecting the Subject, yet it diminishes his own Right, and leaves him but the shadow of Royalty. This is grounded upon a great mistake; for some men think it a glorious thing to be able to kill, as well as to save, and to have a kinde of a Creators power over Subjects: but the truth is, such power procures much danger to ill Princes, and little good to any; for it begets not so much love as fear in the subject, though it be not abused; and the fear of the subject does not give so perfect a Dominion as love. Were Hannibal, Scipio, c. the lesse honoured or beloved because they were not independent? surely no, they were the lesse feared, and for the same cause the more honoured and beloved. Or were Alexander, illegible c. the more honoured or beloved, because they were independant? I believe the contrary, and that they bad lived more gloriously, and died lesse violently, if a more moderate power had rendered them lesse insolent in their own thoughts, and lesse feared in other mens. Was Cæsar the private man lesse successefull in his Warres, or lesse dear in all his souldiers eyes, or less: powerfull in his Countrey-mens affections, then Cæsar the perpetuail Dictator? No, if the Imperiall Throne of the World added any thing to Cæsar, ’twas not excellence, not true glory, ’twas but the externall complements of pomp and ostentation, and that might perhaps blow up his minde with vanity, aud fill the people with jealousie, it could not make Cæsar a nobler, gallanter, greater Cæsar then he was. I expect no lesse then to be laught at at Court, and to be held the author of a strange paradox, by those men which stick not to say, That our King is now no more King of Scotland, then he is King of France, because his meer pleasure there, is not so predominant in all cases of good and evill whatsoever: but I regard not those fond things which cannot see in humane nature what is depraved in it, and what not, and what proceeds from vain, and what from true glory; and wherein the naturall perfection of power and honour, differs from the painted rayes of spurious Majesty and Magnificence. To me the Policy of Scotland seems more exquisite in poynt of prerogative, then any other in Europe, except ours: And if the splendor, and puissance of a Prince consist in commanding religious, wise, magnanimous, warlike subjects, I think the King of Scotland is more to be admired then the King of France; and that he is so, to the meer ingenuity of Government, I ascribe it. But some will allow, That to follow the pattern of Antoninus freely, and voluntarily, as be did, is not disboneurable in a Prince; but to be under any Obligation or Law to do so, is ignoble. And this is as much as to say, That Law, though good, yet illegible Law is burthenous to mans nature; and though it be so but to corrupted nature, in asmuch as it restrains from nothing, but that which nature in its purity would it self restrain from; yet corrupted nature it self is to be soothed and observed. I have done with this point: ’twas spoken in honour of Hen. 7. That he governed his subjects by his Laws, his Laws, by his Lawyers, and (it might have been added) his subjects, Laws and Lawyers by advice of Parliament, by the regulation of that Court which gave life and birth to all Laws. In this Policy is comprized the whole art of Soveraignry; for where the people are subject to the Law of the Land and not to the will of the Prince, and where the Law is left to the interpretation of sworn upright Judges, and not violated by power; and where Parliaments superintend all, and in all extraordinary cases, especially betwixt the King and Kingdom, do the faithfull Offices of Umpirage, all things remain in such a harmony, as I shall recommend to all good Princes.

The Parliament conceives that the King cannot apprehend any just fear from Sir John Hotham, or interpret the meer shutting of Hull gates, and the sending away of Arms and Ammunition in obedience to both Houses, to be any preparation for Warre and Invasion against him at York, and therefore they resolve to raise Forces against those Forces which the King raises to secure himself from Sir John Hotbam. The King bereupon charges the Parliament of levying Warre against Him, under pretence of His levying Warre against them. This is matter of fact and the World must judge whether the Kings preparations in the North be onely sutable to the danger of Sir John Hotbam or no; and whether the Parliament be in danger of the Kings strength there or no: Or whether is more probable at this time, that the King is incensed against the Parliment, or the Parliament against the King: or that the King is more intentive to assayl the Parliament, or the Parliament the King. ’Tis true, the King abjures any intention of making Warre against his Parliament; but what he intends against the malignant party in or out of Parliament, is not exprest: and the King abjures invasive Warre against them; but whether he think not himself first invaded already, is not exprest; and the specisying of a faction in Parliament of some few malignants, secures none; for none can plead force, and none ought to plead folly in Treasons of this nature, and the major part of the Houses can neither plead absence or dissent; and thos: which can, must not be their own purgators. Besides, the act of Sir John Hotbam is disputable; the King adjudges it Treason, the Parliament adjudge it no Treason; and the K ing has not declared whether he will refer this to the try all of the sword only, or to some other tryalls and if so, To what kinde of tryall the judgement of a Parliament shall be submitted: If we call another P arliament to judge of this, so we may appeal in infinitum; and why another should be cleerer then this, we cannot imagine: If we could illegible a higher Court for this appeal, so we might do in insinitum also; but we know no higher can be imagined; and if we appeal to a lower, that were to invert the course of nature: and to confound all Parliaments for ever; if we call all the K ingdom to judge of this, we do the same thing as to proclaim Civill Warre, and to blow the Trumpet of generall confusion: And if we allow the K ing to be the sole, supream competent Judge in this case, we resigne all into his hands, we give lises, liberties, Laws, Parliaments, all to be held at meer discretion? For there is in the interpretation of Law upon the last appeal, the same supremacy of power requisite, as is in making it; And therefore grant the K ing supream interpreter, and tis all one, as if we granted him to be supream maker of Law; and grant him this, and we grant him to be above all limits, all conditions, all humane bonds whatsoever. In this Intricacy therefore, where the King and Parliament disagree, and judgement must be supream, either in the one or other, we must retire to ordinary justice, And there we see, if the K ing consent not with the ordinary Judge, the Law thinks it fit, that the King subscribe, rather then the Judge.

And if this satisfie not, We must retire to the principles of Nature, and there search, whether the King or Kingdom be to be lookt upon as the efficient, and finall cause, and as the proper Subject of all power. Neither is the eath of supremacy indangered hereby; for he that ascribes more to the whole universality, then to King; yet ascribes to the King a true supremacy of power, and honour above all particulars: Nor is our allegiance temerated, For when the Judge on the Bench delivers Law contrary to the Kings command; This is not the same thing, as to proceed against the Kings person, upon any judgement given against him. The King as to His own person, is not to be forcibly repelled in any ill doing, nor is He accountable for ill done, law has only a directive, but no coactive force upon his person; but in all irregular acts where no personall force is, Kings may be disobeyed, their unjust commands may be neglected, not only by communities, but also by single men sometimes. Those men therefore that maintain, That all Kings are in all things and commands. (as well where personall resistance accompanies, as not) to be obeyed, as being like Gods, unlimitable, and as well in evill, as in good unquestionable, are sordid flatterers. And those which allow no limits but directive only, And those no other but divine and naturall; And so make all Princes as vast in power as the Turk, (for He is subject to the directive force of God, and natures Laws;) and so allow subjects a dry right without all remedy, are almost as stupid as the former. And those lastly, That allow humane Laws to obleage Kings more then directively, in all cases where personall violence is absence, and yet allow no Judges of those Laws, but the King Himself, run into absurdities as grosse as the former.

I come now to those seven doctrines, and positions, which the King by way of recapitulation layes open as so offensive—And they run thus:

1. THat the Parliament has an absolute indisputable power of declaring Law, So that all the right of the King and people, depends upon their pleasure. It has been answered, That this power must rest in them, or in the King, or in some inferiour Court, or else all suites must be endlesse, and it can no where rest more safely then in Parliament.

2. That Parliaments are bound to no precedents. Statutes are not binding to them, Why then should precedents? Yet there is no obligation stronger then the Justice and Honor of a Parliament.

3. That they are Parliaments, and may judge of publike necessity without the King, and dispose of anything. They may not desert the King, but being deserted by the King, when the Kingdom is in distresse, They may judge of that distresse, and relieve it, and are to be accounted by the vertue of representation, as the whole body of the State.

4. That no Member of Parliament ought to be troubled for treason, c. without leave. This is intended of suspicious only, And when leave may be seasonably had, and when competent accusers appear not in the impeachment.

5. That the Soveraign power resides in both Houses of Parliament, the King having no negative voyce. This power is not claimed as ordinary; nor to any purpose, But to save the Kingdom from ruine, and in case where the King is so seduced, as that He preferres dangerous men, and prosecutes His loyall Subjects.

6. That levying forces against the personall commands of the King, (though accompanied with his presence) is not levying warre against the King: But warre against His authority, though not person, is warre against the King? If this were not so, The Parliament seeing a seduced King, ruining Himself, and the Kingdom could not save both, but must stand and look on.

7. That according to some Parliaments, they may depose the King? Tis denyed, That any King was deposed by a free Parliament fairly elected.

To stand in comparison with these, I shall recite some such positions as the Kings papers offer to us; And they follow thus.

1. THat regall power is so derived from God and the Law, as that it has no dependence upon the trust, and consent of man; and the King is accountable therefore to God and His other Kingdoms, not to this; And it is above the determination of Parliaments, and by consequence boundlesse.

2. That the King is supream indefinitely, viz. As well universis, as singulis.

3. That the King has such a propriety in His Subjects, Towns, Forts, c. As is above the propriety of the State, and not to be seized by the Parliament, though for the publike safety.

4. That so farre as the King is trusted, He is not accountable how He performs, So that in all cases the Subject is remedilesse.

5. That the being of Parliaments is meerly of grace, So that the King might justly have discontinued them, and being summoned, they are limited by the writ, and that ad consilium Only, and that but in quibusdam arduis, And if they passe the limits of the Writ, they may be imprisoned. That if the King desert them, they are a voyde assembly, and no honour due to them, nor power to save the Kingdom, That Parliamentary priviledges are no where to be read of, And so their representation of this whole Kingdom is no priviledge, nor addes no Majesty, nor authority to them. That the major part in Parliament is not considerable, when so many are absent, or dissent. That the major part is no major part, Because the fraud, and force of some few over-rules them. That Parliaments may do dishonourable things, nay treasonable: Nay, That this hath been so blinded by some few malignants, That they have abetted treason in Sir John Hotham, Trampled upon all Law, and the Kings prerogative, And sought to inslave the whole Kingdom under the Tyranny of some few, And sought the betraying of Church, and State, And to effect the Same erected an upstart Authority in the new Militia, and levyed warre upon the King, under pretence that He levies warre upon them. That Parliaments cannot declare Law, but in such and such particular cases legally brought before them. That Parliaments are questionable, and tryable elsewhere.

These things, we all see, tend not only to the desolation of this Parliament, but to the confusion of all other, And to the advancing of the K ing to a higher power over Parliaments, then ever He had before over inferiour Courts. Parliaments have hitherto been Sinctuaries to the people, and banks against Arbitrary tyranny; But now the meer breath of the K ing, blasts them in an instant; and how shall they hereafter secure us, when they cannot now secure themselves? Or how can we expect justice, when the meer imputation of treason, without hearing, tryall, or judgement, shall sweep away a whole P arliament; nay all Parliaments for ever? And yet this is not yet the depth of our misery, For that private Councell which the K ing now adheres to, and preferres before P arliaments, will still inforce upon our understandings, That all these doctrines, and positions tend to the perfection of P arliaments; And all the K ings forces in the North, to the protection of Law and liberty. I finde my Reason already captivated, I cannot further—

FINIS.

7.: John Goodwin, Anti-Cavalierism (12 October, 1642).

ANTI-CAVALIERISM, OR, TRUTH PLEADING

As well the Necessity, as the Lawfulness of this present War, for the suppressing of that Butcherly brood of Cavaliering Incendiaries, who are now hammering

ENGLAND, to make an IRELAND OF IT:

WHEREIN

All the materiall objections against the lawfulness of this undertaking, are fully cleered and answered,

AND

ALL MEN THAT EITHER LOVE

God, Themselves, or Good men, exhorted to Contribute all manner of assistance hereunto.

By. JO. GOODWIN

Be not afraid of them; Remember the great Lord and fearefull, and fight for your bretheren, your Sons, and your Daughters, your Wives, and your Houses. Nehem. 4. 14.

And that take the Sword, shall perish with the Sword. Mat. 26. 52., Dei Rex Legi, quod Lex Regi, i. Imperium ac potestatem.

London Printed by G.B. and R.W. for Henry Overton, At his Shop in Popes-Head-Alley.

THAT which some in the Gospell spake in great amazement, by way of glorifying God, upon occasion of an unexpected breaking out of his goodnesse and power, in a miraculous cure, It was never seene after such a fashion ( Mar. 2. 12.) may now be uttered by the Inhabitants of this Kingdome, with astonishment, to the everlasting shame and infamy of men; upon occasion of the late breaking out of that fire of rage and cruelty, which yet burneth in the midst of the bowels of it, and threatens to consume the very foundations thereof, except it be seasonably quenched by a gracious raine from on High. And as all that saw that inhumane butchering and quartering out into pieces of the Levites wife by her owne husband, cryed out, and said, There was no such thing done or seen, since the time that the Children of Israel came up out of the Land of Ægypt, untill that day, Judg. 19. 30. So doubtlesse whosoever shall consider what bloody and horrid intendments and attempts against this Nation, have passed the hearts and hands of some of her own Children, may truly say, There hath no such thing been done or seen in the Land, since God first caused men to dwell on the face of it.

What shall we think of that Legion of Devils (I had almost called them) who now possesse the Land, and after the manner of Devils indeed, seek all to rent and teare it in pieces; I meane that Colluvies, that heap, or gathering together of the scum, and drosse, and garbage of the Land, that most accursed confederacy, made up of Gebal, and Ammon, and Amaleck, Philistims with the Inhabitants of Tyre, of Jesuits and Papists, and Atheists, of stigmaticall and infamous persons in all kindes, with that bloody and butcherly Generation, commonly knowne by the name of Cavaliers? Have they not thorough some black art or other gotten the chiefe treasure of the Land, the King, into their possession, setting him still in the Front of all their desperate designes; which are these, and their fellowes: 1. To pull those Stars out of the Firmament of the Land, to dissolve and ruine that Assembly, which is by interpretation, or representation (which you will) the whole Nation. 2. When they have opened this doore of hope unto themselves, to turn the Lawes, and present frame of Government upside downe. 3. To make havock and desolation, to roote out the Generation of the Saints rush and branch, men and women, young and old fearing God, out of the Land. 4. To make rapine and spoile of all the goods and possessions, at least of all those that withstand them, and are not brethren in iniquity with them. 5. To build up the Walls of Jericho, to put Lucifer againe into heaven, I meane, to advance the tyrannicall Thrones of the Hierarchie to their former heighth, or higher, if they know how. 6. By their authority and power to excommunicate and cast out all the pure and precious Ordinances of God out of his House, and to supply this defect with Antichristian, and spurious institutions. 7. To spread that Veile, or covering of Antichristian darknesse again over the face of the Land, which God by a most gracious hand of providence had rent and taken off many yeares since; to leaven the whole lump of the Land, the second time, with the soure leaven of Romish error and superstition. 8. And lastly, as is much to be feared, when they have served their turnes with, and upon the King, and used him as an Engine to get all the stones together for their building, then to make rubbidge of him, as if they had honoured him sufficiently, to cause such sacred designes as these to passe thorough his hands, and made him instrumentall, or any wayes accessory in such Angelicall atchievements. Doe we thinke that the light of the knowledge of God shines in the hearts and consciences of these men? Have these men the minde of Christ amongst them? Doe they know who is the Lord? Or doe they not thinke rather, that Baal, or Belial is he? Have all the workers of iniquity (saith David ) no knowledge, that they eat up my people as they eat bread? Psal. 14. 4. i.e. That they injure, vex, and consume them with no more remorse, regret, or touch of conscience, then they eat and drinke to preserve their naturall lives: as if such men as these, the people of God, were made for the same end and purpose to them that bread is, viz. to be eaten up and devoured by them. Have they no knowledge (saith the Prophet) that they dare attempt such a thing as this? Implying (as it should seeme) that to vex, molest, persecute, and destroy the people of God, argues the most profound ignorance, and thickest darknesse in the mindes and understandings of men, that can likely be found there; and that the weakest impressions or glimmerings of any true light of knowledge, would keep men from dashing their foot against this stone howsoever. If men had but as much knowledge of God, as Pilates wife had in a dreame, they would take heed of having any thing to doe with just men. And these things (saith our Saviour to his Disciples concerning those that should kill them, and thinke they did God service therein) these things (saith he) they shall doe unto you, because they have not known the Father, nor me, John 16. 3. If men had the least degree of the true knowledge of God in Christ, they must needs have some knowledge of his People and Children also: and if they know these, this knowledge would be as a hooke in their Nose, or a bridle in their Lips, to keep them from falling foule upon them, as the knowledge of Christ the Lord of glory, would have kept the Princes of this world from crucifying him, had it been in them.

And since we are fallen upon the mention of those men who are ready in a posture of hatred, and malice, and revenge, with other preparations answerable hereunto, to fall upon us, and our lives and liberties, both spirituall and civill, upon our estates, our Gospell and Religion, and all that is, or ought to be deare and precious unto us; and in our miseries and ruines, to render our posterities more miserable then we, and have advanced their designe this way to that maturity and heighth, which we all know and tremble to think of: Give me leave in that which remaines, to excite and stir you up, from the greatest to the least, both young and old, rich and poore, men and women, to quit your selves like men, yea, and (if it be possible) above the line of men, in this great exigency and stresse of imminent danger that hangs over your heads, and threatens you every houre. Oh let it be as abomination unto us, as they very shadow of death, to every man, woman, and child of us, not to be active, not to lie out and illegible our selves to the utmost of our strength and power in every kinde, as far as the Law of God and nature will suffer us, to resist that high hand of iniquity and blood that is stretched out against us; to make our lives, and our liberties, and our Religion good against that accursed Generation that now magnifieth themselves, to make a prey and spoyle of them, to make havock and desolation of them all at once, if the Lord shall yet please to deliver us out of their hands. Let not our Lives, our Liberties, our Estates, be at all precious or deare unto us in this behalfe, to expose them; be it unto the greatest danger, to prevent the certaine and most unquestionable ruine of them otherwise: Let us resolve to put all into the hands of God, to prevent the falling of all, or any thing, into the hands of these men. There is neither man nor woman of us, neither young nor old, but hath somewhat or other, more or lesse, a Mite or two at least to cast into the Treasury of the Publike safety. Men that have strength of body for the War, and fingers that know how to fight, let them to the Battell, and not feare to look the enemy in the face. Men and women that have only Purses and Estates, let them turne them into mon and swords for the Battell. Men that have heads, but want armes and hands for outward execution, let these study and contrive methods and wayes of proceedings: Head-worke is every whit as necessary in such a time and exigent, as hand-work is. They that have neither hands, nor heads, nor estates, let them finde hearts to keep the Mountain of God, to pray the enemies downe, and the Armies of the Lord up: Let them finde tongues to whet up the courage and resolutions of others. This is a service wherein women also may quit themselves like men, whose prayers commonly are as masculine, and does as great and severe execution, as the prayers of men. As for little Children that know not the right hand from the left, and so are uncapable of exhortation, or putting on this way, by their weaknesse and innocency (innocency I meane, as concerning the enemies, and giving them the least cause or colour of their bloody intendments, as likewise in respect of the crying sins, and horrid provocations of other men) they doe every whit as much towards the furtherance of the service, as men doe by their strength, by their wisdome, by their estates, or otherwise; as we see in the case of Gods sparing Niniveh. Jon. 4. 11. The sixscore thousand Children that knew not their right hand from the left, were the great intercessors, and chiefe mediators in the behalfe of the City with him. Yea, the bruit beasts themselves, the Cattell, their case and condition working upon the goodnesse and graciousnesse of God, were contributors too in their nature towards this service: As is to be seen in the last clause of the place cited from the Prophet Jonah. Jon. 4. 11. And should not I spare Niniveh, c. —. and also much Cattell. Therefore now I beseech you that are capable of the great evils and dangers that threaten you, and are even at your doore, be not you wanting and backward in any thing that is in your hand to doe, if it be possible, and as far as in you lyeth, redeeme your lives with your lives, your estates with your estates, your Religion with your Religion, out of the hands of those men, set them all to work for their own maintenance and preservation: yea, if you know how to create more strength then you have, or to improve your selves seventy times seven fold above the proportion of any your present abilities, I beseech you doe it; at least be Willing (as the Apostle beares the Corinthians witnesse they were, in a case not altogether unlike) above that you are able, that so you may be sure to give out your selves to the utmost of your ability, the more freely.

Give me leave to set an edge upon you, to quicken and encourage you, to strengthen your hand to the worke, by the tender only of two motives, or considerations unto you.

1. Consider that the cause, wherein you are desired and exhorted to appeare, and to engage your selves to the utmost, is like unto the Law of God it selfe in those excellent qualifications of it: it is just, and holy, and good: there is nothing in it that should make you ashamed either before God, or justly-judging men, nothing that needs make you tender, or holding off in point of conscience. You are to stand up in the defence of your Lives, your Liberties, your Estates, your Houses, your Wives, your Children, your Brethren, and that not of this Nation only, but of those two other Nations likewise united under the same government with this, in the defence of those Religious and faithfull Governours, that Honourable Assembly of Parliament, whose power and priviledges you stand bound by your solemn Vow and Protestation unto God, (besides many bands of conscience otherwise) to defend and maintaine with your lives, power, and estates. Yea, in defence of his Majesties royall person, honour, and estate; all which are now in eminent danger to suffer by that accursed retinue of vile persons that are gathered about him, as Ivie about an Oake, which never suffers it to thrive or prosper, till it be torne off from it. This, men that have their eyes open, may easily see and discerne; though others make a mock and a scorn of such an assertion, as ridiculous: But so did Lots sons in Sodome, by that saying of his unto them, That the Lord would destroy the place and City Where they Were, Gen. 19. 14. which yet was a serious and solemne truth: Yea, and further, you are exhorted to stand up in defence of the true Protestant Religion, for the name and honour of your God, your Ordinances, and (which ought to be of very deare and precious consideration to you) for the safe conveyance of that great treasure of the Gospel over unto your posterities that are yet unborne. Here is nothing in all this but what the manifest Law of God, and the common light of nature, not only warranteth and alloweth in all men, but even leadeth, perswadeth, yea, urgeth and presseth them unto. Now how should not the goodnesse, equity, and righteousnesse of the cause be as precious seed, out of which a generation of sons and daughters shall be raised up unto it? Yea, and be spirit and life to the undertakers thereof? And encouragement unto them, to plead it with the highest hand of meanes and endeavours they are able to lift up? When there is a cause that hath the image and superscription of God upon it, so full and lively as this hath, is it not pitty it should want Orators to plead it, that it should suffer and fall to the ground, and none be found to take it up?

Indeede if there were any occasion to make a stand in matter of conscience, if there were any thing doubtfull in the cause recommended to you, anything to detaine your judgements and consciences in suspence, whether it were lawfull for you or no, to appeare in it, there were just cause to spare and to sorbeare you, at least for a time, till you should be fully satisfied. But now the righteousnesse hereof being as cleare as the light, or as the Sunne at noone day, why tarry you? why are you not up in your might before this, to maintaine it to the uttermost?

Yea, but say the Rabbies and great Disputers that stand by your enemies and strengthen their hand that they can not depart from their wickednesse, that cover, but it is with the covering of the flesh, and of the spirit of the world, not with the covering of the Spirit of the Lord: It is not lawfull (say these men) for you to oppose them, nor to contend any wayes by force against them, because by opposing them, you resist the King the Lords anointed, whom God commands should be obeyed and submitted unto. If you conceive him to be your adversary, yet you ought to oppose him, (or rather that adverse disposition of his against you) onely with prayers and teares, and supplications unto God for him, and with petitorie and humble addresments unto himselfe, but to make no outward resistance at all.

To this I answer,

1 By way of concession, that the King is to be obeyed, and that by the expresse commandement of God. Submit your selves to every Ordinance of man for the Lords sake, whether it be unto the King, as supreme, or unto Governors, as unto them that are sent by him for the punishment of evill doers, c. 1 Pet. 2 13. Here is submission to the King required in expresse termes, and they that yeeld not the submission here required, resist the Ordinance of God (as the Apostle Paul speakes, Rom. 13.) and by such resistance shall receive to themselves ( viz. without repentance) ϰϱῖμα judgement, or condemnation: God will severely judge or punish them for this resistance. And for my part, I from my soule could wish and desire that the sad distractions and contestations betweene the two opposing parties in the land, might come to a comprimise, and be issued and ended upon this point: that party that makes most conscience of keeping that commandement of God which requires submission and obedience unto Kings, to be submitted unto by the other; and that to yeeld, and sit downe, which is most defective this way, and in whom lesse conscience of such obedience appeareth. Only two things I desire may be taken notice of from this Scripture where submission to Kings is commanded: First, that a King or Kingly Government, is ἀνθρωϰίνη ϰτίσις an ordinance of man, or an humane creation (as the Originall properly signifieth) which yet we know is no lesse generally then impudently, and in the face of expresse Scripture to the contrary, denyed by the Divinity and learning of the malignant faction, who by swelling the Prerogative of Kings to a monstrous and most unnaturall proportion, as if they had a minde to make it crack before they had done, have consulted all maner of miseries and calamities to the world, as well to Kings themselves, as to their People, Submit to every Ordinance of man (saith Peter ) for the Lords sake, whether it be unto the King, c. Therefore he supposeth the King or Kingly Government to be the Ordinance, or creation, or creature of man. And it is evident that so he is; for there were Kings over the Heathen Nations, with the forme of whose government God did no wayes intermeddle by way of any command or appointment concerning it, long before there was any King over * Israel. Nor was it the order or command of God, that there should be any King over Israel, but he was highly offended with the People for desiring it. Is it not now Wheat harucst? (saith Samuel to the People) I will call upon the Lord, and he shall send thunder, and raine, that you may perceive and see, how that your wickednesse is great, which ye have done in the sight of the Lord in asking you a King. And though he condescended in a passive way, that they should have a King as they desired, yet as he tells them by the Prophet Hosea, He gave them a King in his wrath, and bid them in effect take him at their perils, if they would needs have him, he should deale but hardly by them. He would take their sons and daughters, and make them servile to him, as you have it. 1 Sam 8. 11. It is true, in this sense a King, or Kingly power and government may be said to be from God. 1. In a generall or indefinite consideration, as it is a government, not simply, or in it selfe unlawful: For it is the will and appointment of God, that there should be some government or other in every society of men, yet not any government neither, not any that is unjust, unreasonable, or tyrannicall: And in this sense all formes of government that are lawfull and just, whether they be simple, as the three commonly known by the names of Monarchy, Aristocracy, Democracy; or whether they be mixt, having somewhat of two, or all of these simples in them, are equally and indifferently from God: not any one of them determinately, or with exclusion of the rest. For suppose all Nations and Societies of men in the world, from the foundations thereof untill now, should have set up and exercised only one and the same form of government amongst them, as viz. That which we call Aristocraticall (like that in the Low-countries, by some chosen amongst them, whom they call States) so that neither the Monarchicall, or Kingly government, nor yet the Democraticall, nor any other government whatsoever had been ever practised in the world untill this day, we must not thinke that the world had herein sinned, in not using any other, no nor yet neglected any Ordinance of God. Because it is no ordinance or appointment of God that any particular Nation or society of men, should have either this or that speciall forme of government amongst them, but only that they should have some kinde of government which is just and lawfull. Therefore Kingly Government is no Ordinance of God in this sense, viz. as imposed upon any Nation or People by way of duty or precept to use and set up amongst them. But being set up in any people, it is warranted, and countenanced by God as lawfull, and obedience subjection streightly enioyned thereunto. And therefore the Apostles expression, Rom. 13. 1 is very expresse and punctuall this way. Let every soule be subject unto the higher powers, for there is no power ( .i. no iust and lawfull form of government) but is from God, the powers that are, are ordained (or rather ordered πταγμ illegible αι) of God. The powers that are: Why doth he say the powers that are, are ordained, or ordered by God? Doubtlesse to shew, that there are some powers or formes of government, in actu signato, (as the School-men speak) that is, in respect of their species or kinde, which are not in actu exercito, actually exercised or taken up, nor need they be taken up by any State or People in the world. But for those that are, .i. that are de facto established, and set up by any People among themselves, (speaking only of those that are lawfull) these (saith he) are ordained, or rather ordered by God: .i. God by speciall instinct and work of providence (q) inclines the hearts of severall Nations, some to imbrace and fall upon one, and some upon another, some upon that which is Monarchicall, or Kingly, others upon that which is Aristocraticall, some upon that which is Democraticall, c. and withall commands, that that which every Nation or People chooseth for it selfe, should be obeyed and submitted unto by those that have chosen it, and live under it, so long as it continueth: For the time is comming, when Christ will put downe all rule, 1 Cor. 15. and all authority, and power. And this is another sense wherein Kings or Kingly Government may be said to be from God, or to be the Ordinance of God, viz. because where it is established and set up, he had a speciall hand in ordering and guiding the hearts of the People to choose it, before others, and withall commands it to be obeyed, as a Government that is lawfull and authorized by him, not as commanded and enioyned by him.

Thus you have the first thing made plaine to you, which was observed from the place in Peter, which was, that Kingly power or authority is directly and properly the creation or ordinance of man, though there bee that in it also, which in a sense may give it the denomination of an Ordinance of God; viz. 1. As warranted or countenanced by him. 2. As ordered and taken up by those Nations, who have subjected themselves unto it, by the speciall disposall and work of his providence.

The second thing I desire you would take notice of from the same Scripture, is this, that subordinate Authority, and inferiour Magistracy and power is as much the Ordinance of God, as Soveraignty and supreame Authority it solfe is: and that God by one and the same command, requires us to submit our selves to inferiour Magistrates or Governours, as well as hee doth to Kings themselves. Reade the passage againe. Therefore submit your selves to all manner of Ordinances of man, whether, c. So that it is a sin of the same nature, and renders a man obnoxious to the same danger or displeasure from God, to he found in disobedience to subordinate Rulers under the King, as to the King himselfe. But this for answer to the Objection in the first place, by way of concession or grant, That the King doubtlesse is to be obeyed.

But secondly by way of exception I answer further, that though the King be to be obeyed and submitted unto, yet this obedience was never intended by God to be universall, but with limitation, viz. In such commands wherein a mans obedience to the King should not be found disobedience against God: for in these cases, That of the Apostles Peter and John to the Rulers Elders, and chiefe Priests, must take place. Acts 4. 19. Whether it be right in the sight of God to obey you, rather then God, Judge yee. The debt of obedience to God must alwayes be paid, whosoever looseth by the hand: Though the truth is, that there is no creature, King nor other, that can lose any thing due to him, by any mans obedience unto God. The Apostles were so confident of the righteousnesse of their cause in disobeying their Rulers in that, wherein they obeyed God, that they feared not to make their Adversaries themselves their Judges therein: Judge yee. If a King should command me not to pray for the generall good, or peace of the Church or State where I live, or to forbeare the doing of any thing, which I conceive I am bound in conscience unto God to doe for the publique good, I am not in this case any whit more bound to obey the Kings command, then the Apostle Peter and John were to obey the command of the Rulers and Elders who charged them to give over preaching the Gospell, or then Shadrack, Meshach, and Abednego were, to worship the Golden Image, because Nebuchadnezzar commanded it. This limitation is plainly enough expressed in that very Scripture, wherein we heard obedience unto Kings commanded. 1 Pet. 2. 13. Submit your selves (saith the Apostle) to every Ordinance of man, for the Lords sake. If we ought to submit for the Lords sake: .i. Either for that love we beare to him, or out of conscience of that obedience which we owe unto him, we ought not to submit in any thing whereby God may be dishonoured or disobeyed. It is senselesse to thinke, that any thing can, or ought to be done for the Lords sake, which cannot be done but to his dishonour, or (which is the same) with disobedience to him.

Yea, but it will still be objected, though it be true, that Kings are not to be obeyed in any of those commands that are unlawfull, in an active way, we are not alwayes to doe what they would have us doe, nor to cease or forbeare the doing, of what they would have us forbeare; yet are they even in such cases to be obeyed passively: Men are to suffer patiently any punishment they desire to inflict upon them, for refusing any such obedience; or however, they are not forcibly to resist.

To these things likewise I answer: 1. That the unlawfull command of a King, may possibly be of that nature and condition, that a Subject cannot disobey it, but by a strong hand, and taking up of Armes, though not properly or directly against the King, yet against the command of a King. In such a case, disobedience to Kings by a strong hand, and with forcible resistance, is not only lawfull, but even matter of duty and obedience unto God. For instance, A Christian hath solemnly vowed and protested before God, to defend the lives of his godly and faithfull Governours to the utmost of his power: or whether he hath made such a Vow and Protestation or no, it is not much materiall in this respect, because he stands bound in conscience otherwise, and by the Law of God, to doe it. Now suppose such a man cannot performe this Vow, or doe that which is his duty to do otherwise therein, but by a strong hand, and taking up Armes; In this case, if a King commands such a man not to take up Armes in relation to such a defence, it is evident that this unlawfull command of a King cannot be disobeyed, but by taking up Armes against it. There are many other cases of the same consideration and rule with this.

2. I answer further, That it is one thing to offer violence to the person of a King, or Ruler, or to attempt the taking away of his life; another to secure a mans own life, or the life of another, whom we know to be innocent, and much more the publike safety, by strengthening a mans selfe to withstand the violent execution of any unjust command from a King, by those that have no right or lawfull authority at all, to doe any such execution upon us. As for offering violence to the person of a King, or attempting to take away his life, we leave the proofe of the lawfulnesse of this, to those profound disputers the Jesuits, who stand ingaged by the tenour of their professed Doctrine and practise, either to make good the lawfulnesse thereof, or else to leave themselves and their Religion, an abhorring and hissing unto the world. As for us who never travelled with any desires or thoughts that way, but abhor both mother and daughter, doctrine and practise together, we conceive it to be a just Prerogative of the Persons of Kings in what case soever, to be secure from the violence of men; and their lives to be as consecrated Corne, meet to be reaped and gathered only by the hand of God himselfe. Davids conscience smote him, when he came but so neare the life of a King, as the cutting off of the lap of his garment.

But as concerning a forcible withstanding, or resistance making, against a violent execution of any unjust command from a King, attempted by those that have no rightfull or lawfull authority to do such execution either upon us or others, yea though the King himselfe be at hand to second his instruments in the execution of such commands, we have sufficient warrant for the lawfulnesse hereof in the Scriptures themselves. When Ahab sent a Cavaliere (you may call him a man of blood, to take away the Prophet Elisha’s head, as he sate in his house amongst the Elders, 2 King. 6. 32. did Elisha set open his doore for him, and fit still till he took off his head, in obedience to the King? No, he illegible himselfe for the safeguard of his life, and called upon others to stand by him, and assist him against that outrage and violence intended against him: yea and this without any brand or blemish of any rebellion or disobedience to the King; yea though he spake somewhat roundly and freely of the King himselfe. See yee not (saith he to the Elders that were with him) how this son of a murtherer (meaning no beggars, no lesse then Ahab himself, the King) hath sent to take away mine head? Take heed when the Messenger commeth, and shut the doore, and handle him roughly * at the doore: Is not the sound of his Masters feet behinde him? Surely he that went thus far, for the safety of his life, when he was but in danger of being assaulted, would have gone further if occasion or necessity had been; and in case the Kings Butcher had got in to him before the doore had been shut, if he had been able, and had had no other meanes to have saved his owne head, but by taking away the others, there is little question to be made, but he would rather have taken, then given a head, in this case. So when Saul the King would needs have had Jonathan put to death, yea, and had bound himselfe with an oath or curse to have it so (yea and that twice over for failing) the people knowing that Jonathan had committed nothing worthy of death (though the King thought he had) but that contrarily, he had deserved well of the State, and had mightily delivered Israel, (as the words of the Text are) delivered him by a strong hand out of the hand of Saul. 1 Sam. 14. 45. Neither is there the least aspersion or imputation cast upon this People for this fact of theirs, as if they had beene any wayes injurious or disobedient to their King. Nay it appeares by the sequell of the Story, that Saul himselfe, though a man not of the best disposition, when the turbidum intervallum, the fit of passion was over, took it no wayes amisse at the hands of the people, that they had resisted him, in that unreasonable and inconsiderate designe of his against Jonathan: but went on, and raigned peaceably over them. David in like manner, being unjustly persecuted by Saul, and those gracelesse and base flatterers that assisted him in that ungracious designe, and being in danger of his life by them, did hee either sit still, to see whether God would in an extraordinary and miraculous way protect him or no? Or did he submit himselfe to Sauls mercy, and lay downe his life at his feet? No, but on the contrary, he provided himself with weapons, the best that were to be had. 1 Sam. 21. 8 9. And willingly entertained for the safeguard of life, and to make resistance against Saul and his party, all the help of men he could come by, making himselfe an head or Captaine over them. 1 Sam. 22. 2. And yet all this while David was but one single man, and that of a private and mean condition in comparison.

And this (my Brethren) is the very case that is now before you, or if there be any difference in respect of a justifiablenesle in the one above the other, all the advantage, which certainly is very much, lies on your side; your scale is much the better weight. There are sons of Belial that are risen up against you, full of a spirit of hatred and revenge gainst you, who partly in plaine words, and without Parables, partly by their insolent carriages and behaviours towards others of the same spirit and cause with you, threaten you with the utmost insolencies they can execute upon you, and (in effect) to stretch the line of miserable and wofull Ireland over you and your City, and whole Nation. These either have, or illegible to have a Warrant or Commission from the King to doe what they doe, to make prey and spoile of you, your lives, and liberties, and all that you have; just as the Messenger had from Ahab, that was sent to take away the Prophets head (as you heard) or as those had from Saul that went to lay hold of Jonathan to put him to death. Now then the question is, whether it be lawfull for you to stand upon your guard in this case, and to seeke the preservation of your lives, and of those that belong unto you, wives, and little ones, c. and if there be no other likely meanes for your safety, to destroy the lives of those that seek to destroy yours; whether the command of the King (suppose such a thing were, which yet I much question) to wicked instruments to take away your lives, or the lives of those whom you are bound, by oath or otherwise to protect; whether (I say) such a command ought more to prevaile with you to sit still and suffer the destroyer to execute his Commission upon you, to take away your lives, or the command of God and nature which lies upon you to defend your lives, and the lives of such others, as we spake of, when they are assaulted, or in danger of assault? This fairely and unpartially is the State of the present question. The great Prophet Elisha (as we heard) and the people of Israel under Saul, and the man according to Gods own heart, resolved the question clearly enough by their practise.

It it be here objected and said, it is true, such acts as you have related were indeed done by these men: but, Quo jure, whether they did well, or lawfully in so doing, is yet in question: An act done by a good man, fearing God, is not therefore good, or lawfully done, because such a man doth it: The ancient Fathers were generally Polygamists: yet the plenty of their practise is but a defective proofe of the lawfulnesse of Polygamy. In like manner, the actions mentioned, having no testimony of approbation from the Scriptures, may very possibly be workes of darknesse, though done by children of light; yea, though there be no expresse brand of unlawfulnesse set upon them by God: for Polygamy it selfe hath this negative testimony of its innocency.

To this I answer, first in generall: That though the goodnesse and holinesse of the person be not sufficient to authorize an act for lawfull, yet whilst the unlawfulnesse of it be clearly evicted by a contrariety in it to some command of God, it is a strong presumption, that an act performed by such a person, is lawfull: To the instance of Polygamy in the Fathers: I answer, that it was apparently a breach of the seventh Commandement, and contrary to the first institution of marriage by God; the tenour whereof, according to our Saviours own extract out of the ancient Record, runs thus, Mat. 19. 5. And they twaine (not they three, or they foure, or more) shall be one illegible And besides, it is plainly branded and condemned by the Spirit of God, as sinfull, Mal. 2. 14. 15. as the generall vote of Interpreters upon this place carryeth it. But there is not the least intimation given throughout the whole Scriptures, of any thing sinfull or displeasing unto God, in what either Elisha, or the people, or David did, in the particulars mentioned.

Those acts of Solomon, commanding Joab and illegible to be put to death, without any tryall or due processe of Law against them, 1 King. 2. and so that of David, giving away Mephibosheths estate to Ziba, onely upon a displeasure conceived against him, with some others of other Kings of Judah, of like consideration, smelling too ranke of prerogative oyle, are much more questionable in point of lawfulnesse, and of farre more difficult reconciliation with principles of reason and equitie, and with the Law of God it selfe then those other. But,

2. To the particular I answer. First, for the fact of the Prophet Elisha, calling out to those that were with him, to lay hands upon him that came armed with the Kings authority and command, to take away his head, and to shut the doore against him; that in this he did nothing but what was pleasing unto God, appeares from the circumstance of time, and that posture of spirit, wherein the Prophet thus contended for his head against him that would needs have had it from him. He was now full of the Spirit of God, and of prophecy: and was in that very instant, wherein his head should have beene-taken from him, ready to cry out as a woman in travaile, and to bee delivered of that gracious message, which immediatly followes in the beginning of the succeeding Chapter. Now that so holy a man, and so great a Prophet, should in that very point and instant of time, wherein he was full of the Spirit of God, and ready to deliver a message from him of that high importance and unexpected grace to his people, fall into the foule illegible of rebellion against his lawfull King, is doubtlesse an incredibilitie of the first magnitude.

Secondly, the Elders or Statesmen of the Kingdome, who were present, complyed with him in his motion, and assisted him in his opposition against the Kings messenger, who came for his head; laid hands upon him, and suffered him not to enter: which appeares from hence because the Prophets head stood still upon his shoulders. And this is yet a further confirmation of the lawfulnesse of that resistance, which he made, because it is unreasonable to thinke, that persons of that qualitie, and who cannot be conceived but to have understood themselves sufficiently in a businesse of that nature, being the Peeres or chiefe officers of the Kingdome, should have involved themselves in the danger and guilt of rebellion against the King: which (doubtlesse) they had done, had that act of the Prophet, wherof they were abettors, had any streine or touch of Rebellion in it.

Thirdly, and lastly, the King himselfe (it seemes) comming very shortly after into the place where the Prophet and Elders were, finding the execution, which in hot blood he had commanded, not done, the heate of his passion being somewhat over and abated, sate downe amongst them, and never so much as reproved either Prophet or Elders, for making the resistance they did to his messenger: which it is like he would have done, and that upon high termes, had he conceived either the one or the other to have beene within the verge of a Rebellion; or any other injury or indignitie offered either to his person, or to his Crowne and dignitie.

Againe secondly for the people who delivered Jonathan out of the hand of Saul; there is no colour to conceive any thing unlawfull or unjustifiable therein. Evident it is that themselves looked upon this fact before it was done, not only as a thing lawfull for them to doe, but as matter of dutie, and that which in conscience they were bound to doe. That expression of theirs implies as much: Shall Jonathan die, who hath so mightily delivered Israel? God forbid. (1 Sam. 14. 45.) As the Lord liveth there shall not one haire of his head fall to the ground. They conceived, that it had beene a sinne of a very high nature in them, if they should not have appeared for his rescue and deliverance, whom they not onely knew to be innocent, and to have done nothing worthy of death, but also to have wrought with God for their deliverance. Nor is it easie to conceive what other ground or motive should have induced this people to runne the hazard of the Kings displeasure in Jonathans protection, then conscience onely: though its true, there is no intimation given of any complaint made, nor of any offence conceived by Saul against the people for this fact of theirs, which is another argument of the lawfulnesse thereof, yea and of the unprejudicialnesse or in-offensivenesse of it to Sauls kingly Throane and dignitie, considering how tender and jealous Saul was of these, and how impatient of the least touch (yea though but imaginary onely) in them, as appeares in the sequell of his history, especially by his violent persecution of David, upon very light and loose grounds of suspition this way.

Lastly, concerning Davids gathering a strength of men and armes to him, whereby to make resistance against Saul, or rather against that bloody association which conspired with him in a most unjust way, to take away his life; evident it is,

1. That David, all the time of this his unjust persecution by Saul and his complices, being still in eminent danger of his life, was more soft and tender conscienced then ordinary, and more afraid of sinning against God; yea and prayed both more frequently and more fervently unto God to bee preserved from sinne, then at other times; as appeares by many Psalmes composed by him, during this his triall. Now it is a thing altogether incredible, that a man otherwise according to Gods owne heart, under the best and softest srame of spirit and conscience, that ever he liv’d in, and whilst hee made it his earnest prayer unto God daily to be kept from sinne, should so fouly miscarry, as to live in the sinne of Rebellion against his lawfull King without repentance.

2. That he respected and honoured Saul very highly, and was very tender of doing him the least harme. It is said, that his heart smote him, because he had cut off but the lap or skirt of his garment, 1 Sam. 24. 5. using moreover these words to his servants, whose fingers itch’d to have made sure worke with Saul; The Lord forbid that I should doe this thing to my master the Lords annointed, to stretch forth mine hand against him, seeing he is the anoynted of the Lord, vers 6. Therefore certainly David in defending himselfe against Sauls Cayaliers with armes and men, neither offended God, nor wronged Saul himselfe in the least measure, Yea,

3. Saul himselfe overcome with this expression of Davids love and faithfulnesse unto him, acknowledged his innocencie, and the uprightness, of his heart towards him, vers. 16. Is this thy voyce, my sonne David (faith Saul ) and lift up his voyce and wept. And said to David, thou art more righteous then I: for thou hast rendred me good, and I have rendered thee evill. And thou hast shewed this day that thou hast dealt well With me, c. Saul did not onely acquit him from those high crimes, of treason, rebellion, secition c. but from all manner of injury or iniustice at all done to him. And if Saul against whom the offence (if any) had beene committed, iustisieth him, who shall with any colour of equitie condemne him:

Lastly (for this particular) the holy Ghost himselfe gives this expresse testimony concerning David; That he did that which was right in the sight of the Lord, and turned from nothing that be commanded him all the dayes of his life, save onely in the matter of Vriah the Hittite, 1 King. 15. 5. wherea, if that fact of his, defending himselfe by force of armes, against Saul and his confederates in blood against him, had beene of any such interpretation as some would make it, (by making other cases like unto it) as either treason, rebellion, or the like; doubtlesse this had beene an higher and greater matter of exception against him, then the matter of Vriah it selfe. But yet further that their practise in the particular mentioned respectively, and so yours, being onely conformable thereunto, was and is every wayes iustifiable; and of perfect consistence with the rules of reason equity and all good conscience, and no wayes derogatory to Kingly power and authority, I remonstrate and prove by this one consideration.

Men that have no lawfull authority or power to take away the lives or goods of men, may very lawfully be resisted in any attempt they shall make, to doe either; and if their lives miscarry in such attempts, they have their meanes in their owne hands, (as we say) their blood is upon their owne heads. This I suppose is a pregnant and knowne principle both in reason and religion. If a man assaults another upon the high way, and seekes to take away his mony or life from him; if the person assaulted slayes the other se defendendo (as the Law speakes) there is neither Law nor conscience will take hold on, or reprove him for it. This proposition is manifest. I go on therefore and adde,

But men can have no lawfull authority or power, by any warrant or commission from a King to take away the lives, or goods, of those that are innocent and have not transgressed the Law, no not of those that are not in a lawfull way convicted for transgressors of the Law.

Therefore such men as these may lawfully be resisted in any attempts they shall make either upon our lives, or our goods, notwithstanding any Warrant, Commission, or command they have, or pretend to have, from a King to doe it. And take that along with you which apparently followes from hence: If such persons so assaulted may lawfully resist such assailants, then may they every whit as lawfully provide themselves before hand of such meanes, wherewith they may be able to make the resistance when time comes. As, if it be lawfull for a Traveller to kill a Thiefe upon the way in the defence of his life, or money; certainly it is lawfull for him to ride with a Sword, Pistoll, or the like, wherewith he may be able to doe it; It is ridiculous to grant the lawfulnesse of an end, and to deny a lawfulnesse of meanes necessary and sufficient to attaine that end.

But some (it may be) will deny that proposition, which affirmeth, that those men have no lawfull power or Authority to seize upon mens lives or goods who are innocent, and as yet so reputed by the Law, having the authority and command of the King to doe it. That therefore no unjust, or unrighteous command of a King, can enable any man with any lawfull power to put in execution any such command, I thus demonstrate (though indeed it be a thing evident enough in it self without any demonstration) no King can derive any power or authority to another, to any minister, officer, or the like, but only that wherewith himselfe is invested, and possessed of, either formally, or by way of eminencie and surplussage. But no King is himself invested with any authority or power to doe any thing which is uniust, or unrighteous: therefore hee can not impart or give any such power to another: and consequently those that attempt or doe any thing by vertue of any uniust command from a King, had every whit as good doe the thing upon their owne heads and authority, without any warrant or commission from the King at all: the fact as touching the lawfullnesse of it, is but of one and the same consideration in both cases. Now that a King himself hath no power or authority at all, to doe any thing that is uniust or unequall, is yet more evident then the former, thus: All power that a King hath in point of government, is derived upon him, either by God, or by men, or both: but it is a truth of the cleerest evidence that neither the one, nor the other, neither God, nor man conferreth any power upon him to doe unjustly. Concerning God, there is not the least question to be made: he gives no man Authority to sin; but layes his Authority and command upon all the world to doe righteously: and as for men, supposing they be but reasonable men that have conferred the power upon a King, it cannot be thought, or once imagined, that they should give a power out of themselves, against themselves; a power to injure, or to wrong either them or their posterity. And though they should be conceived to do a thing so inconsistent with reason and even common sence, yet such an act of theirs, were a meere nullitie: the King was never the more possest of any such power, because they that are supposed to have conferred it upon him, had it not in themselves, nor the least right or power to derive it upon any other.

Yea, but (will the malignant Doctors) still object and reply, who shall be Judge in this case, Whether the command or commission of a King, given to an Officer, or other subiect, to be put in execution, be uniust, or not Is it not fit, that rather the King himselfe should be iudge in this case, then every private man? Is it fit to give way or allow, that every private man should scan, examine, iudge, and determine either the righteousnesse or unrighteousnesse of the Kings command? Doth not such a liberty as this tend to dissolve the bands of obedience to Superiours? To poure contempt upon Kings and Rulers, and to fill the world with confusion?

To this I answer, First, that for many things that are commanded by Kings and Superiours, there needs little or no examination or sisting, whether they be lawfull, or no. Their unlawfulnesse is written (as it were) in their foreheads, with such Capitall Letters, that he that runs may reade it. A man needs no skill either in Arithmetique or Geometrie, nor the use of any rule or square, to try either whether the bow be streight, or the string bent and crooked. Halfe an eye is sufficient provision for this decision. The command of that Idolatrous King Nebuchadnezzar with his Nobles, that men should worship his golden Image, was so notoriously wicked, that those three servants of God, Shadrack, Meshack, and Abednego, were not carefull to answer the King concerning it. Dan. 3. 16. that is, they would never take time to study or consider whether they should obey it, or no. Such was the command of the Elders and Rulers to Peter and Iohn, When they commanded them that in no wise they should speake or teach in the name of Iesus. Act. 3. 18, 19. Besides many others both upon Sacred, Ecclesiastick, and Civill Record, of like condition and importance.

2. If it be not lawfull for inferiours to examine and enquire into the commands of Kings, and other their Superiours, whether they be lawfull or no; then is there a necessity lying upon men by way of duty, to make men equall with God, and to iudge them as unerringly, as universally righteous and holy, as he; which a man of conscience will hardly forbeare to call blasphemy. The sequell is evident: Because men can rise no higher in their thoughts and apprehensions of God himselfe in this kinde, then to iudge him absolutely and unquestionably righteous, worthy to be obeyed, in whatsoever he shall command, without examination.

3. If men were either bound to, or lawfully might obey their Superiors without all examination, there would be no place left for that command of our Saviour, wherein he prohibites his friends and servants, to feare those that could only kill the body; meaning by such, either only, or principally Kings and Rulers, who are commonly said to have potestatem vitæ necis, power of life and death. There is no reason to thinke, that either Kings or Rulers should take away the lives of those that will comply with them in all their desires and commands: and as little reason is there for any man to thinke, that men should run the hazzard of being killed, by disobeying the commands and will of Kings, if they might safely, and with the peace of a good conscience obey and comply with them.

4. It is no more disparagement or dishonour to Kings or Rulers to have their commands examined by those to whom they are directed and given, then it was for Paul and the rest of the Apostles to have their Preachings and doctrines examined by the inferiour sort of Christians that heard them. These were every whit as great (if not far greater) in Spirituall authority and dignity, as Kings themselves are in politique and civill. Now the Holy Ghost is so far from reproving those, who examined the things which they heard from Paul himselfe, that he hath left it upon Record as matter of especiall commendation to them, That they daily searched the Scriptures, whether things were so or no, as he had taught them, Act. 17. 11. Yea, the Apostles themselves were so far from looking upon it, as any matter of prejudice to them or their reputations, that what they delivered and taught, should bee brought to the touch-stone by those that heard them, that they required this at their hands by way of duty, and exhorted them unto it. See 1 Cor. 10. 14. 1 Thes. 5. 21. c. And yet far greater reason is there, why the teaching of the Apostles should have been ἀνυπ illegible ό illegible illegible α, .i. priviledged from account, then the commands of Kings: because they had a promise of such a presence of the Spirit of truth with them, that he should lead them into the way of all truth; whereas Kings, both in the framing and publishing of their Commands, are left to an arbitrary assistance from heaven, after the manner of other men.

5. The wrath of God hath been revealed from heaven, .i. hath been shewed in very remarkable and exemplary manner, upon those who have swallowed the commands of Kings, and submitted unto them in things unlawfull. Those Officers that obeyed King Nebuchadnezzars command in casting those three innocent servants of God into the fiery furnace, were suddenly consumed by the flame that came out of the furnace; whereas those that streined at the Kings command, exchanged it (as the Scripture phrase is) meaning (I conceive) for the commandement of God, obeying this in the stead, remained untouched of the fire in the midst of the furnace, Dan. 3. 22. So the men of Israel that had obeyed the commandement of Saul in giving their assistance to him for the persecuting of David, were punished together with Saul, fleeing and falling down wounded before the Philistines, as Peter Martyr hath well observed upon 1 Sam. 31. 1. So of that great Host of Afsyrians, that joyned with their King in an unlawfull war against the Church and People of God, there were 185000. slaine in one night by an Angel, 2 King. 19. 35. To passe by all other examples of the severity of God in this kinde, that is most worthy consideration, which is recorded, 2 Chron. 24. It is said, ver. 17. That after the death of Jehoiada, the Princes of Iuda came and did reverence unto the King, and that the King hearkened to them. Not long after, They conspired together against Zachariah, a faithfull Prophet of the Lord, for dealing faithfully with them, and at the Kings commandement, stoned him with stones, in the Court of the house of the Lord, ver. 21. But (saith the Story, ver. 23.) it came to passe at the end of the yeare, that the host of Syria came up against him: and they came to Iuda and Ierusalem, and destroyed all the Princes of the People from among the People, c. The just revenging hand of God, singling out from amongst many thousands, those persons by name, who had obeyed the King in a way of unrighteousnesse, though they were the chiefest and greatest of them, and in that respect (in all likelihood) kept furthest off from the danger, and had more outward provision for their safety, then others.

6. (And lastly for this) If this liberty we speak of, of examining the commands of Kings and other Superiours, were granted unto, and used by those that are in subjection, it would not devest or bereave Kings or Rulers of any obedience at all, that were worth the having or receiving from men, or that were truly honourable or safe for them to receive. All that in reason it could be conceived to doe in this kinde, is to prevent and cut off all such obedience from Kings, which would endanger their cutting off, and their States and Kingdomes with them. If this liberty, or duty rather, of examining the Commands of Superiours, had been preached and pressed upon the consciences of men with that authority and power, which the truth and high concernment of it will beare, or rather (indeed) required, those crownes might have flourished upon the heads of Kings, which now begin to droope and languish; and those Nations enioyed abundance of peace under them, the foundations of whose safety are now shaken. Ephraim is oppressed and broken in judgement, because he willingly followed the commandement, viz. of King Jeroboam, who commanded the worshipping of the golden Calfe. Hos. 5. 11. Here is the fruit of the forwardnesse of a Nation to obey and comply with an Idolatrous King, even to be oppressed and broken in judgement, .i. Not only to be sorely afflicted, but utterly ruined and destroyed, and that in a course of iustice, and of the righteous proceedings of God against them. In this cup of trembling and astonishment which they were compelled to drink from the hand of God, there was none other ingredient, but their own wayes; and that which it seemes was predominant in the mixture, was their forwardnesse to side with their King, in that false Religion and worship which he maintained. And for the ruine and destruction of Jeroboam himselfe and his house, that is much considerable from the pen of the H. Ghost, that it is not ascribed so much to his sin wickedness in commanding Idolatry, as to the sin wickedness of the people in obeying And this thing (saith the history, speaking of Jeroboam’s Calfe, and command given to the people to worship them. 1 King. 12. 30) turned to sin, meaning to a provocation of a very high nature, to such a sin, which even rooted out and destroyed the house of Jeroboam from the face of the earth. Cap. 13. 34. But how, or by what meanes did Jeroboams Calves and Idolatrous commands concerning them, turne to such a sin or provocation, as was his ruine? The Holy Ghost ascribes this to the obedience of the People in this behalfe: And this thing turned to sin: for the people went to worship before the one, even unto Dan. Clearely implying, that that sin which was the ruine and rooting out of Ieroboam and his house, was not so much his wicked and Idolatrous command, considered simply and in it selfe, but as it found obedience and subiection in the people. The people in true accompt, who magnified Ieroboam in his commands, above God in his, were they that ruined both Ieroboam and his house. And generally, all that Kings and Princes gaine, by an unlawfull subiection and obedience from their People, is little else but the kindling of the fire of Gods iealousie against them. I am the Lord (saith God, Esa. 42. 8.) this is my Name: and my glory will not I give to another, .i. I will not suffer it to be given to, nor to be received by another; I will sell it deare to him that shall own it, and will recover it out of his ruine. We know Herod was smitten by an Angell from heaven, and soon cast up that morsell of divine honour which he had swallowed, by a miserable, shamefull, and loathsome death. As those that make Images of wood, stone, silver, gold, or the like, to be adored and worshipped, doe the greatest iniury that may be to those poore innocent creatures; they expose them to the fury and iealousie of God, whereby they commonly suffer a dissolution of their beeing before their time, as the illegible whereof the brazen Serpent was made, did, being broken all to pieces, when incense was once offered unto it, 2 Kin. 18. 4. and the gold whereof Aarons Calfe was made, being burnt in the fire, and stamped and ground small, even to very dust, and this also cast into the river, Deut. 9. 21. So they that will devest the great God of heaven and earth, to cloath Kings and Princes, or whomsoever, with the spoiles of his Name, as all those doe, who obey them with disobedience unto God, as in one sence they make them gods, so in another, by making them gods, they make them indeed more men then they were, more obnoxions to his displeasure, who hath the command of their life and breath. Consider that passage (to omit many others of like importance) which you shall finde, Esa, 1. 31. And the strong, .i. the Idoll, either because in the Idolaters conceit, it is strong like a god, or rather strong, in respect of the firmnesse and durablenes of the matter of it, Shall be as Tow, and the maker therof, as a Spark: they shall both burne together, and none shall quench them. Marke well: How strong and durable soever the matter is, whereof the Idoll is made, whether it bee the best heart of Oake that can be gotten, or the hardest and firmest stone, silver, gold, or the like, or if there be any thing more durable, and more resisting corruption, then these, yet being made an Idoll, it becomes as Tow, i. of a very weake and perishable nature: and the maker of it (saith he) shall be as a Sparke, viz. to set this Tow on fire; meaning that he is the cause both why that good substance, which was made into an Idoll, perisheth so suddenly, and likewise of his owne perishing by the hand and iudgement of God. In like manner, when men or women shall make Idols of Kings and Princes, and great men, and fall downe before them, and worship them with divine worship, as all they in effect doe, who yeeld obedience unto them against God, what doe they else but shake the very foundations of their lives, and present beeings in the world, and call for the fire of Gods iealousie from heaven to consume them: Whereas on the contrary, those that soberly, and out of conscience refuse to obey them upon such termes, I meane, against God, they doe them as good service, if they would please so to apprehend and interpret it, as Mordecai did to King Ahashuerosh, when he revealed the Treason of the two Eunuchs against him. He that refuseth to obey a Superiour in an unlawfull command, giveth notice to him, that his foote is in a snare of death, and that his preservation stands in his desisting and repenting.

I shall mention only one obiection more wherewith that unhappy learning of the contrary side, useth to be very importune, and to triumph much in it. The Christians in the primitive times submitted themselves with patience to those most uniust and cruell commands of the heathen Emperors, when they sent their officers to put them in execution, and to take their lives from them: they never resisted, nor stood upon their guard, but so oke even death it selfe, yea, and many times torments worse then death, patiently. And whereas this might otherwise be sufficiently answered, that they made no resistance, because they were not able, they had no considerable strength so make good any resistance; to take away this answer; They usually cite a place out of one of the Fathers, Tertullian by name, wherein he disclaimes this ground of their patience in suffering, writing unto the States, or Senators of the Empire, affirming, that they had a considerable party of Christians in their Dominions, whereby they were able to have made resistance against them.

Because this objection is matter of so much confidence and triumph to the adversary, I shall desire leave to examine it the more thoroughly, and to search the bottome and foundations of it in my answer to it, I shall first speake to the testimony propounded, and consider the validitie or likelihood of the truth thereof; and secondly, (for argument sake) the truth of it being granted or supposed, we shall indeavour to shew of how little force or concernment it is, any wayes to disable the truth of that position we have in hand, which justifieth a resistance against the violent execution of any unjust command from Kings, in those that are assaulted under pretence thereof; therefore as concerning the testimony of Tertullian, touching the sufficiencie of strength the Christians in his time should have to resist the Emperour and all his power. I answer.

* First, that this Father might easily be mistaken in taking the proportion, and making the estimate of the strength and power of Christians within the compasse of the Roman Empire, in comparison of the strength of those that were ready to oppose them. This was no point of faith, nor of Christian Religion; and therefore a devout father might easily fall under a misprision herein. The common saying indeed is, that unicuique in arte sua credendum, i.e. every man is to be beleeved in his owne art or profession, but no rule of charitie or reason bindes us to believe another in any thing which belongs to the art or profession of another, and wherein himselfe is little versed or exercised. Now to weigh the strength of a Kingdome, State, or Empire, (as it were) in a ballance, and to make an estimate of, and compare together the power of severall parties or divisions of people in it with so much exactnesse, as to determine which is the stronger, and which the weaker, belongs to the profession and imployment of a States-man, not of a Divine, or minister of the Gospell, of one that sits at the sterne of the empire, not of one whose heart, and time, and strength are taken up with the studie of the mysteries of heaven, yea for a States-man himselfe to be able upon sufficient grounds, precisely to determine such differences as we speake of, I meane betweene the strength and strength of different parties in a State, where there is any neerenesse or appearance of an equality, wil require both double diligence and treble sufficiency in him otherwise.

2. How easily might he mistake and miscarry in a matter quice besides his profession and course, who not long after miscarryed so grievously in his owne, as to turne Montanist, who called himselfe the Holy Ghost, and to approve of the dreames and furious fancies of those two vile women, Maximilla and Prisca ( Montanus his wicked associates) for true prophecies. Yea stayed not here neither, but joyned himselfe with those Heretiques called Cataphryges, who condemned second marriages as adulterous and prohibited by God: besides divers other misprisions in his owne profession, which would take up too much time to insist particularly upon: a memorable example and warning (as it were) from heaven, how unsafe and dangerous it is to build upon the authority of men.

3. It is well observed by one, that there is an aptnesse and pronenesse of inclination in much devotion, in persons devoutly given, to over-value the workes and piety of other men. Now this Father out of such a principle or inclination as this is, desirous to extoll and magnifie the patience of Christians, might easily draw in such a circumstance as this for such a purpose, upon very weake and slender grounds for it.

4. It is generally observed and knowne by the writings and records of these times, that even in the pious and Orthodox Fathers themselves there were some touches and streines, some sibræ of that roote of bitternesse which afterwards grew ranke, and flourished above measure in the times of Popery, yea and brought forth fruit abundantly unto death. I meane, an inclination to credit and countenance their Religion in the sight of the heathen and the world about them, by very slender reports and relations of things, as of Miracles, Visions, strange accidents, c. which are generally rejected, as fabulous and false, by the sounder and more considerate knowledge of these latter dayes.

5. Supose there might be considerable numbers of men of the Christian party in the Empire (though to me it is one of the things I least beleeve) to withstand the heathen party therein, yet doubtlesse these were kept under, as the Israelites were in Ægypt, when they began to multiply. It is no wayes likely, that if they were any wayes formidable for their numbers, that they should be suffered to have any proportion of armes or meanes, either of offence or defence, in case they were assaulted. It being contrary to all reason and rule of State, to suffer a party of an opposite Religion to the State, and worshipping another God then the State allowed, groving to any considerable numbers within them, to have farther any such proportion or quantity of weapons, armes, or meanes in any kinde, whereby they might endanger and become formidable to the State. Now then granting that which this Father spake concerning the numbers of Christians amongst the heathens, that they had number for number, man for man, and in this respect might seeme to ballance them, and be able enough to resist them; yet wanting armes and other meanes of defence, wherewith it cannot be conceived but that the adverse party abounded, it had been in vaine for them to have made resistance when violence was offered unto them. And thus much for the first part of my Answer, to shew the questionablenesse, or rather indeed the great unlikelihood of the truth of that testimony, which is brought to support the objection propounded, which otherwise would fall to the ground of it selfe.

I goe on illegible second part of my Answer, which is to prove and to shew, that though the testimony be admitted for truth, yet the objection will not reach the question, or case in hand.

Therefore suppose we the Father that spake as we have heard, viz. That the Christians under the Heathen Emperours should be able enough to have defended themselves, yea to have opposed the Emperour himselfe with his party, spake nothing herein but the truth; yet it doth not follow, that all those of his profession, I meane all the Christians that were scattered up and downe the face of the Empire should have the same apprehensions with him herein, should thinke themselves strong enough to resist their adversaries, in case they were opposed. Those particular persons that were called out here and there, some after others, to suffer, might very probably, yea, could not lightly but conceive and thinke, that if they should have made any resistance against them that came to lay violent hands upon them, and to put them to death, they should have but enraged their malice against them the more, and so have encreased their own torments: yea, and happily have provoked the Heathen party, to rage so much the more against their Christian Brethren who yet remained amongst them. So that in those that were called to suffer, it had been both want of wisdome, in respect of themselves, and of charitie in respect of others, if they should have made the least resistance against those unjust and bloody officers, that were sentagainst them to take away their lives.

If it be here replyed and said; yea but the whole body and partie of Christians throughout the Empire, having sufficent strength might have agreed to have risen up at once, and have suppressed their adversaries, if they had Judged it lawfull.

To this, Answer hath in part been made already: as first, that it is no waies probable that they had any sufficiencie of strength, no not of men, to have made good such an attempt, much lesse that they had any competent provision of meanes otherwise, which had been requisite therunto.

Secondly, that though it should be granted, that they had a sufficiencie of strength both wayes, yet is it no wayes necessary that therefore they should all be of the same minde and judgement touching this sufficiencie; that they should all be perswaded that their party were strong enough to deale with their adversaries. We know that many attempts, projects, and undertakings which have been in treaty and agitation, have been deserted and laid aside, only through the different judgements and apprehensions of those that vvere concerned, and to have been engaged therein, touching the expedience or feaceablenesse of them. As that proiect of Achitophell for the immediate and close following of David, Sam. 17. was deserted by Absolon, and his party, and not put in execution, because of the different advise which Hushai the Archit gave. A late instance hereof vve had likewise amongst our selves: that dangerous designe of bringing up the Army out of the North against the Parliament, proved abortive, the execution of it never seeing the light of the Sun, through the different opinions of those that were, were to have been in speciall maner concerned therin; some conceiving it to have been a proiect deserving the name of none such; others no wayes daring to adventure themselves, their lives, and fortunes, nor some (perhaps) their consciences, upon it. In like manner for the Christians living within the Romane Empire, to have made head and risen up ageinst the maine body and State of the Empire to suppresse them, had been an enterprise of that dangerous and grievous consequence, in case it had miscarryed; especially the grounds of the successe of it being so uncertaine and weake as they were, that it hath not the least appearance or shew of likelihood, that ever it should be generally consented unto by the whole society of the Christians; without which there was no attempting the putting of it into execution,

To this may be added.

3. That suppose the Christians wee spake of had been generally confident of their strength and had made little question but that they might have carried it against the Emperor and his; yet having no invitation, countenance or command from any Authoritie, rule, or lawfull power in the Empire to attempt any such thing, their case was farre differing from ours who are invited, countenanced, encouraged, and some waies commanded by as great and as lawfull an Authority as this state hath any, to doe what you have been exhorted to doe in opposing the rage and violence of that malignant and blood-thirsty generation, who having stollen away the heart of the King, make use of his name to make havock and spoile of your Lawes, Liberties, Estates, Lives, Religion, yea of the Peace, Honour, and safety of the whole Kingdome. It is the expresse command and ordinance of God that inferiour Magistrates, and Rulers should be obeyed as well as Kings, as we observed formerly out of that of Peter, 2 Pet. 2. 13, 14. Therefore submit your selves unto every, or all manner of ordinance of man, for the Lords sake, whether it be unto the King as unto the Superiour, or unto Governours, as these that are sent of him, for the punishment of evill-doers, c. So that inferiour Governours are by the expresse Commandement of God to be obeyed, as well as the Superiour. Now then put the case that the inferiour Governour requires that which is only honest, agreeable to the Laws of God and of Nature, as, viz. that we should doe our best to defend our selves against those that contrary to all Law and conscience assault us; the superiour, that which is contrary to both, viz. to sit still whilest our Lawes, Liberties, Estates, Lives, friends, godly Magistrates, and Religion it selfe, are indangered, and ready to be taken from us; the question in this case, whether we are to obey the inferiour or superiour Authority; (the command of God indifferently extending it for obedience unto either, in things that are lawfull) is easily resolved, except men will complaine and say it is darke at noone day. When it shall be substantially proved unto us, that an unlawfull command from a superiour Magistrate, dissolves and makes void that commandement of God, whereby we stand bound to obey the inferiour, in that which is lawfull; We may then have cause to make a demurre touching the goodnesse of the cause; but till then we may be bold to say, it is day, when the Sun shineth. This then is a difference very considerable, between the case of primitive Christians, and ours, in the point in hand, supposing they had power to defend themselves against the persecuting agents and instruments of the Emperour, yet had they not any countenance or command from any Authority in that State to doe it, which we have in ours.

4. Still supposing (that which yet is never to be granted, till it be better proved) that the Primitive Christians we spake of had a sufficiency of power, to have defended themselves against the persecuting Emperours, and did it not, yet there may be this reason given, why they should rather patiently suffer, than make resistance, because whilest they were yet heathen and unconverted to the Christian Faith, they consented to that power or authority in the Emperour, whereby he made those bloody Edicts for the persecuting and murthering of poore Christians. Now it had been a very unreasonable thing and justly offensive, both in the eyes of God and men, if the same persons who had established a power or authority in the hand of a Ruler, should have resisted or opposed him, or his Agents and Ministers in the execution of it. A servant of God, though he sweares or bargaines to his owne hurt, yet must he not change, as you have it, Psal. 15. 4. But wee are under no such ingagements, or bands, and therefore have a liberty which they had not: For though a mans consent to an unlawfull power, be in absolute and simple consideration a meere nullity, and such a power never the more lawfullized thereby; yet by all rules of reason and equity, such a consent ought to be a bar against him that hath given it, that he shall not, for any carnall benefit or advantage, breake out against him that exerciseth this power by vertue of such consent, meerly for such exercise sake.

5. Be it granted that the Christian party in the Romane Empire was very great (as is pretended) yet could it in no sence be called or looked upon as the whole State or body of the Empire, as the Parliamentary Assembly is amongst us. This in a representative and legall consideration, is the whole body of the Nation, and of all the persons in it, having the same power and authority by Law, and in conscience too, to do every whit as much in every respect, as the whole Nation, and all the particular persons therein could have, if they were met together. Now that may be lawfull for an entire body or society of persons to doe, which may not be lawfull for a part, or some few of the society, save only in conjunction with the whole. The Parliament (we know) being interpretatively, and in consideration of Law, the whole body of the Kingdome, hath a lawfull power, both to doe and command many things, which a far greater part or number of men in the Kingdome, have not; no, all the Kingdome besides hath no such power, as they: and many things may be done very lawfully, and with a good conscience, by vertue of their appointment and command, which could not be done upon any such termes without it, though a thousand times more men or persons then they are should command them.

6. Supposing they had such a power as we have oft supposed (but never granted positively) and that it was lawfull for them to have made resistance accordingly, yet may God by way of speciall dispensation, and for very great and considerable ends of his, hide this liberty we speake of from their eyes; that they should not see it to make use of. Wee know there were many in the Apostles time, who cat hearbs, when as yet it was as lawfull for them, in respect of any command of God to the contrary, to have eaten flesh; but yet they did better to content themselves with hearbs, when God had not revealed and cleared up this liberty unto them. And yet they did as well as they too, who seeing their liberty in this kinde by the cleare light of the Gospell, did take it, and eate flesh. Consider that passage of the Apostle, Rom. 14. 6. He that observeth a day, observeth it unto the Lord: and he that observeth not a day, observeth it not unto the Lord. He that eateth, eateth unto the Lord: for he giveth God thanks: and he that eateth not, eateth not unto the Lord, and giveth God thankrs Whereby it is evident that the forbearance of some actions by some men, wherein they approve themselves unto God, doth not at all prejudice or gainesay the like acceptation of others in their doing them: yea that some men may be bound in conscience to forbeare that, which another with a good conscience may doe. And this doubtlesse is (if the testimony of Tertullian mentioned be true) the case betweene those Primitive Christians, and Christians in these dayes. They might out of tendernesse of conscience, and out of an apprehension of some unlawfulnesse in it, forbeare to vindicate themselves against those bloody bucthers, that were set on worke by the Emperours to destroy them: and yet Christians in these dayes, seeing their liberty in this kinde, may as lawfully resist those that shall come against them in the like manner, as the other forbare it.

If it be here objected and said that it is no wayes like that the Church of God should generally be ignorant of such a libertie as wee speake of and challenge, if there were any such liberty indeed; is it credible that God should hide such a point of truth as this from them all?

I answer first, It is not necessary to suppose that it should bee hid from them all without exception: it is sufficient for our purpose if it were hid from their teachers, and those that were leaders to the rest, upon whose judgement (in things of this nature) the generality of people then much depended. But secondly, if there were many ministers of the Gospell and teachers, even in the Apostles times themselves, that were ignorant of that liberty which the Gospell brought with it to the world, for the eating of flesh, the non-observation of dayes and of circumcision, c. or at least were so farre ignorant, that they were not able to informe and satisfie the generall sort of Christians therein, it may very well be conceived, that some hundreds of yeares after, when the light began to darken and wax dim (in comparison) they might now be generally ignorant of such a point of liberty as this we now speake of, at least so farre ignorant, as not to be able to satisfie the generalitie of their people therein. Especially if we consider,

Thirdly, that from the dayes of the Apostles, untill their numbers and strength were raised and increased to the supposed pitch of a sufficioncie to resist (which was not lesse then neere 200. yeares) there was no occasion, of studying, or looking into the point: they had beene in never the better case, whether they had had that liberty we speake of or no; and therefore it is no marvaile if they neglected the searching after it. And when cases of conscience (as this was) lie unstudied and uninquired into, neither is it any marvaile if the resolution or state of the truth in them, bee not generally knowne.

Fourthly, that Spirit of courage, patience and constancy, which God poured out abundantly upon his Church servants in those times, whereby they were so strengthned and incouraged to suffer, that martyrdome seemed a desirable thing unto them, might be a speciall reason and meanes to take them off from inquiring into, or so much as thinking what their lawfull liberty might be in the case we speake of. Men that have a full estate in faire rents, as much as they can well spend, and as their heart desireth, are not like, have no occasion to busie themselves in studying the case of usury, as whether it be lawfull to take increase for the lone of mony, or no; which he that hath his estate in mony, hath. Whilst the Israelites were fed by God in an extraordinary way by Manna from heaven, there was no necessitie or occasion for them to plough and sow. So whilst Christians were furnished with an extraordinary strength from heaven, to offer themselves up in martyrdome, their edge must needs be taken off hereby, as from seeking meanes to escape it, so from studying cases and questions about the lawfulnesse of escaping.

Fiftly, whilst there lay a confessed necessity of suffering upon Christians, i.e. till the supposed strength of resistance came to them (which as was noted before, could not be much lesse then 200. yeares) Martyrdome was so extolled and magnified by the generall acclamations of the ministers, and continuall pauegyricks, and orations made in praise thereof, that it is like no man would for a long time be endured, that should teach any doctrine that might any wayes seeme to take men off from the desire thereof. As there are many doctrines and points of Religion amongst our selves that have beene a long time taught with so high an hand, and generally received with so full an applause, that it is not safe for any man to appeare so much as in a seeming opposition to them, (though with never so much modestie and tendernesse.) But,

Sixtly (and lastly for this) whether God was pleased to make use of one or both of their particulars last mentioned, or any other like unto them, as a meanes to hide that libertie of resistance wee speake of from the eyes of the primitive Christians, or no illegible it is, that the frame and tenour of his after dispensations, did require, that such a libertie should be hid from them; or at least that they should not make use of it; as on the contrary, the nature and purport of those dispensations which God hath now in hand, requires that this libertie should be manifested and made knowne unto Christians. We know that according to the counsell and foreknowledge of God, Antichrist was then to come into the world: as now wee know that he is about to be destroyed and cast out of the world. Now this is a generall rule, looke what truthes were necessary to be shut up and concealed from the Churches of Christ, that Antichrist might passe by, and get up into his throane; the discovery and letting out of the same into the world, are necessary for his pulling downe. For certaine it is, that Antichrist could never have gotten up into that throane, whereon hee yet sits and shewes himselfe in his sacrilegious glory, had not God by speciall dispensation suffered him to make many truths his footstoole. If all truths had beene clearely taught in the Church of Christ, and accordingly received and beleeved, it had beene impossible that ever such a monster should have gotten into the temple of God, that should exalt himselfe above all that which is called God. But God causing a dead sleepe (as it were) to fall upon those truthes, which should in speciall manner have opposed him, hee had the opportunity without much contradiction or noyse to steale and convey himselfe into that Cathedram pestilentiæ, that chaire of papall state, which yet he possesseth. Now amongst many other truths that were of necessity to be laid asleepe, for the passing of this beast unto his great power and authority, and for the maintayning and safe-guarding of him in the possession hereof, this is one of speciall consideration; that Christians may lawfully in a lawfull way, stand up to defend themselves, in case they be able, against any unlawfull assaults; by what assailants, or by what pretended Authoritie soever made upon them. For had this opinion beene timeously enough, and substantially taught in the Church, it would certainly have caused an abortion in Antichrists birth, and so have disappointed the divell of his first-borne. Had not the spirits, and judgements, and unsciences of men beene as it were cowed and marvellously imbased and kept under, (and so propared for Antichrists illegible ) by doctrines and tenents, excessively advancing the power of superiours, over inferiours, and binding Iron yokes and heavy burthens upon those that were in subjection, doubtlesse they would never have bowed downe their backes so low as to let such a beast goe over them, they would never resigned up their judgements and consciences into the hand of such a spirituall tyrant as he. So that you see, there was a speciall necessitie for the letting of Antichrist into the world, yea and for the continuance of him in his Throne, that no such opinion as this which wee speake of, whether truth or untruth should be taught and beleeved; I meane, which vindicateth and maintaineth, the just rights, and liberties, and priviledges of those that under authority, and subjection unto others.

Whereas, now on the contrary, that time of Gods preordination and purpose, for the downefall of Antichrist, drawing neere, there is a kinde of necessitie, that those truths, which have slept for many yeares, should now be awakened: and particularly that God should reveale and discover unto his faithfull ministers, and other his servants the just bounds and limits of Authoritie, and power, and consequently the just and full extent of the lawfull liberties of those that live in subiection. Evident it is, that they are the commonaltie of Christians, I meane Christians of ordinary ranke and qualitie that shall be most active, and have the principall hand in executing the judgements of God upon the Whore. Consider that place, Revel. 18. 4, 5, 6. And I heard another voyce from heaven say, goe out of her my people, that yee be not partakers in her sinnes, and that ye receive not of her plagues. For her sins are come up unto heaven, and God hath remembred her iniquities. Reward her even as she hath rewarded you, and give her double according to her workes, and in the cup that she hath filled to you, fill her the double. Now that this service shall be performed unto God by them (Christians I mean of under rank and qualitie) contrary to the will, desires, or commands of those Kings and Princes under whom they live, it appeares by that which immediately followes, verse 9. And the Kings of the earth shall bewaile her and lament for her, which have committed fornication and lived in pleasure with her, when they shall see the smoake of her burning. It is evident that the people of God spoken of before, were subiects to these Kings, that should bewayle the whore in her ruine; for they are such as come out of Babylon; which could not be, except they had lived under those Kings that were Babylonish, and had given their Kingdomes to the whore, and by whom Babylonisme had been countenanced and set up. And that these (or at least the greatest part of them) should no wayes consent to the destruction of the whore by their subiects, it is evident by this; they should waile and lament over her, when she is destroyed. As for that which is found in the former Chapter concerning the 10. Kings ( Rev. 17. 17.) Into whose heart God hath put it to give their Kingdomes or power to the Beast, where it is said, that these should hate: the whore and make her desolate, and naked, and eat her flesh, and burne her with fire; I conceive this is not meant of the persons of Kings, but of their States and Kingdomes, i.e. of the generalitie of their people under them.

1. The expression, will fairely, and with full consonancie to the Scripture language elsewhere, carry this sence and interpretation; the bodies of States or Kingdomes indefinitely taken and considered, being usually signified by their heads, as Dukedomes by Dukes, Kingdomes by Kings, c. as wee have had occasion formerly to observe more at large when we produced severall instances from the Scriptures of this kind of phrase. I shall (for the present) be your remembrancer onely of that one, Dan. 7. 17. with verse 23. where verse the 17. the foure great Beasts are said to be foure Kings that shall arise out of the earth. Yet verse 23. it is said that the fourth Beast shall be the fourth Kingdome upon earth, which shall be diverse from all Kingdomes, i.e. all the other three Kingdomes formerly expressed by three Kings. I could direct you to severall other Texts of Scripture where the same manner of speaking is found; but that I hasten. 2. If we take the word, Kings, properly, i.e. precisely for the persons that are the heads and chiefe rulers of Kingdomes, in that Scripture, and will say, that these shall hate the whore and make her desolate, c. I apprehend no possibility (for the present) of reconciling this place, with that other mentioned, Rev. 18. 9. Where it is said, that the Kings of the earth who have committed fornication and lived deliciously with her, shall bewaile her, and lament for her, when they shall see the smoks of her burning. Certainely they that shall hate her, and helpe to make her desolate, and to burne her with fire, will not bewayle her, nor lament over her, after such a manner, as is farther expressed in that which followes in this Chapter. As for that Exposition, which by the Kings of the earth that should bewaile and lament over the Whore in her burning, understandeth Cardinalls, Arch-Bishops, Bishops, c. who in their port and pompe are as Kings, it seemeth not probable; I rather conceive these to be the Merchants of the earth that should weepe and waile over her, because no man buyeth their wares any more, vers. 11. and who are said to have waxen rich, by that long trade and trafique they had had with the world, in those Babilonish commodities. Therefore they are the ten Kingdomes indefinitely considered. i. persons living within the ten Kingdomes, not the ten Kings personally and properly taken, that shall hate the Whore and make her desolate, and burne her flesh with fire. Now this promise and prediction of God concerning the destruction of the Whore by Christians of inferiour ranke and qualitie, can hardly be conceived however it should be fulfilled or take place, except the judgements and consciences of men should be losed and set at libertie from the bands and fetters of those enslaving Doctrines and apprehensions, wherewith they had beene formerly oppressed and made fervile above measure, to those that were in place and authority over them. Thus then we see a ground and reason fully satisfactory, both how and why the Christians in the Primitive times, whilest Antichrist was in comming, might well be ignorant of that liberty, the knowledge whereof would have kept him from his Throne; and also why that liberty should now be revealed by God and taught unto his people; the ignorance whereof would still keepe and continue him upon his Throne, when Gods Will and Pleasure is that he shall be throwne downe. And this for Answer to the Objection last propounded; and for the sixt Particular, by way of Answer to the maine Objection. But,

7. (And lastly) whatsoever the credit or authority of Tertullian may be for the strength of Christians in Primitive times, to make resistance against their enemies; how justisiable, or commendable soever the patience subjection of these Christians in suffering as they did, may be by some conceived to be, supposing they had such a power to have defended themselves, as is supposed; yet most certaine it is, that as well the authority of the one as the submission of the other, yea and both together, being both Apocriphall, are too light to weigh against the authority of the practice of that great Prophet Elisha, who made resistance against the Kings Messenger, that was sent against him to take away his head (as we instanced to you in the former part of this Discourse) as also against David, a man after Gods own heart, who being but a private man, strengthened himselfe as well as hee could, both with men and armes, yea and with Goliahs sword to boote, to defend himselfe against the unjust and bloody persecution of Saul; both which examples (besides others of like importance) are Canonicall. Elisha must not be censured as an evill-doer, nor David condemned for a Traytor, or Rebell, either because Tertullian saith, that there were Christians enough in the Romane Empire, to make their party good against the Emperour his wicked instruments, nor yet because these Christians did not stand up in their owne defence, having sufficiency of strength to have done it. Thus we see there is nothing at all in the patience or submission of the primitive Christians, so much urged and insisted upon, to discountenance that cause and service, wherein your best concurrence hath been desired, of any consideration or concernment that way. To rise up in your owne defence, in the defence of your lives, your estates, your liberties, your wives, your children, your friends, your lawes, your religion, against those; who without any lawfull Authority or Warrant either of God or men, are risen up with all their might, and all their power to make havock, and spoile, and ruine of all, is no wayes offensive either in the sight of God, or reasonable men.

And (to conclude) if any man be afraid that Martyrdome should suffer by this, as either that the glory hereof should be eclipsed, or that all opportunities of expressing our selves unto God and Jesus Christ in such a service, should be cut off, and taken away by such an opinion. I answer, No: The glory and praise of Martyrdome will remaine as entire, with this Doctrine, as without it, and the opportunities of shewing our selves in our love and faithfulnesse unto Christ in such a service, will no waves be diminished hereby.

For first, the glory and praise of Martyrdome or suffering for Christ, doth not consist in lying down, and suffering proud and wicked men to ride over our heads, in sitting still whilest our estates, liberties, wives, children, friends, are ruined and destroyed before our faces, when God puts an opportunity into our hand to defend them; the name and Gospell of Jesus Christ would rather suffer losse by such a patience as this, then any wayes gaine; it were more Infidell-like, then Christian, not to make the best provision we can, for the safety of those that are so neare to us in such a case. But the grace and glory of Martyrdome lyeth in this; First, when a man is resolved to professe the name, and faith of Christ, what danger soever hee incurs, what losse soever he sustaines, or is like to sustaine by it. Secondly, When it comes to the necessity of suffering, that he baulkes not, nor faulters with Christ: that he is not any wayes ashamed of him, or any of his words, or wayes. Thirdly, When a man disdeignes deliverance upon any base termes, or by unworthy meanes, that scornes to fly away for the enjoyment of any rest, except it be with the wings of a Dove (the Scripture Embleme of innocency) which is covered with silver wings (as David speakes) and her feathers like yellow gold. It is ever honourable to fly with such wings as these.

Fourthly (and lastly) when God doth not open a doore of lawfull escape unto him, either by flight or otherwise, but hedgeth him up (as it were) with thornes into the hand of the persecutor, that he patiently and with meeknesse and composednesse of spirit, without any breakings out in one kinde or other, without any expression of discontent either against God or man, submitteth himselfe unto the stroke, in what kinde soever it falls upon him.

And secodly, for opportunities of Martyrdome, of suffering for Christ, and that in numbers more then we desire, they will not be wanting, though we shall not suffer every base Cavalier, that saith he is for the King to out our throats, or to plunder our Cities, Townes, or Houses, to commit outrages and insolencies upon Wives, Children, Friends, c.

1. It is a suffering for Christ (and so a degree or kinde of Martyrdome) to suffer those things which we doe, in feares, in dangers, in distractions, in runnings, or removings up and downe, in disappointments of our affaires, in the losse, expence, or forbearance of our estates, by those men of Belial, that are as thornes in our eyes, and scourges in our sides, only or chiefly because we will be that in open and constant profession, which by the grace of God we are inwardly and in the truth of our soules; because we will not prostitute our consciences to the lusts of their Father the devill, we will not give the right hand of fellowship to them, in those desperate courses of wickednesse and prophannesse wherein they are engaged, and wherein (it seemes) they meane to weary, yea and weare themselves out before they will give over.

2. We lie open to the hatred and malice, to the mockings and scoffings, to the rayling and revilings, to the slanders and lyings of the whole malignant party round about us; and that because we hold forth the Lord Jesus Christ in his holinesse and purity, in his power and authority over the world, in his truth, and faithfulnesse, in his mercy, and goodnesse, in his glory, and Majesty, in our lives, and conversations. And this is a Martyrdome too, or suffering for Christ.

3. (And lastly) we know not how soon or suddenly we may be called out by God, to suffer even a perfect and compleate Martyrdome indeed, to lay downe our lives for Christ; when God will hedge up every way of escape against us with thornes, and leavous in Peters streights, To stretch forth our hands, and have another to girdus, and to lead us whither we would not. John 21. 18. So that we shall leive occasions, and opportunities enough, even as many as God himselfe ever made, for the expressing of our love and faithfulnesse unto Christ and his Gospell in wayes of suffering, though we stand up like men, and quit our selves with all our might, and all our strength, against those assacinates, and sworne Sword-men of the devill, who have conspired the death and ruine of all that feareth God in the Land.

Only for a close of all that I have to say in this point, let me adde this one thing by way of caution, that opportunities of suffering Martyrdome will not alwayes continue in the Church for the servants of God: yea, the time draweth neare, when they shall illegible and be no more. The sad retinue of the first things, (as they are called Rev. 20. 4.) which hath been a long time in passing by, even for many Generations, is now almost quite passed; God is now bringing up the illegible of this host of sorrowes; and when this is passed, he will turne the wheele of his providence and dispensations, between his own Church, and the Synagogue of illegible That side which hath been down hitherto, shall be upward, and that which hath been above, shall be below: Now the devils Saints, and the Children of the Whore, even all fearefull and unbeleeving ones, and abominable, and illegible and Whoremongers, and Sorcerers, and all lyars, they shall be called to their Martyrdome, and the Saints of the most high shall give them double, of their owne cup. * They that led into captivity hitherto, shall now goe into captivity themselves: and they that killed with the sword hitherto, shall now be killed with the sword themselves. And who they are that shall now lead into captivity, and slay with the sword, you may informe your selves, Rev. 18. 6, 7. Reward her, even as she hath rewarded you: you, viz. in your Brethren, that have walked in the steps of the same faith and holinesse with you: And give her double, c. This is the honour which the Saints shall have, to execute the judgement that is written, upon the whore.

Another motive to strengthen your hand the same way, may be to consider, that as the cause recommended to you is every waies justifiable, so is it a matter of the highest deepest concernment unto you to stand by it advance it to the utmost you are able, yea (if it were possible) above beyond what you are able to do. All your interests, relations, concernments in this world are bound up in it: yea, it narrowly concernes you in relation to the world which is to come; your everlasting estate and condition is not lightly concerned in it. First, what have you in this world amongst all that which you call yours, any wayes deare or precious unto you, but that the line of this cause, whatsoever it proves, is like to be stretched upon it: the cause which is now depending and pleading between you and your adversaries, will certainly be either the rising or falling of it.

1. For your Estates, these are already designed, by your enemies, for a reward and recompence of their labour and travell in procuring your ruine. Your silver, and gold, your houses, and lands, with all your precious and pleasant things besides, must call you Masters no more, if you fall into the hands of these devourers. If they prevaile, they will be like a sweeping raine (as Solomon speakes) that will leave no food. You must looke for no other mercies from them, but those that are cruell; you heare daily from divers parts of the Land, of what spirit they are in this kinde; what spoyle and rapine they make of the precious substance of your Brethren, where they have opportunity to fall; notwithstanding they are not yet in a posture to their mindes, to follow this occupation of ruine and spoile, as they desire and hope to doe. They have a bridle of some feare in the lawes of their fury, they cannot stay by their work, they cannot gather in their harvest so cleane as they desire. But if they doe these things being but yet in the valley, what will they doe, if they should make good the mountaine? if they commit such insolencies as these in the day of their feares, what will they doe in the day of their power, if ever this Sun should arise upon them? I beseech you consider this, you that have lived at ease, and in all fulnesse hitherto, and have wanted nothing of all that your hearts could desire, to make your lives comfortable unto you; that have had food, and rayment, and lodging, and harbour, upon such termes, that your flesh it selfe, though apt enough to murmure and complaine, hath yet been ashamed to complaine of any want or scarcity in any kinde; tell me how, or what will you do in such a day, wherein your faire necks, that never had yoke upon them to this day, shall be wrung and galled, and torne with those Iron yokes, of poverty, nakednesse, hunger, cold, contempt, want of all things? Will not the dayes and yeares of your former plenty and fulnesse be seen upon you in abundance of sorrow and extremity? And is it not in vaine for you to thinke that this cup shall passe by you, that you drinke not of it, if ever it be in the power of those enemies of yours we speake of, to make you to drinke? Doubtlesse they must want of their will if you doe not drinke, yea and suck out the very dregs of it. Whereas on the contrary, if you shall only this one time make good your standings against them, and break this enterprise, as far as humane reason is able to judge, and according to the ordinary course of Gods: admistration of things in the world, they are never like to rise up against you, nor to endanger the peace of your outward enjoyments the second time. If you will now be perswaded to give out your selves; like men, to advance the cause in hand, that which you doe is like to be a bulworke, and an impregnable defence for the time to come, to your possessions, and estates, against all violence and oppression of men in this kind.

2. For your liberties, this is another pretious possession of yours in the world. I speake here onely of your civill or politick libertie, which is of equall accommodation and desirablenesse (if not of superiour) with your estates: and this likewise will certainly be oppressed and seized upon, and turned into a miserable slavery and bondage, if that bloody generation shall carry the day against you, and make themselves Lords over you. That of Peter, 2 Pet. 2. 19. is like to come upon you in this case: of whomsoever a man is overcome, of the same he is brought into bondage. It may be you are not generally so apprehensive and sensible of the pretiousnesse and sweetnesse of your liberties, as of your estates; you doe not place so much of your outward comfort and contentment in the one, as in the other. The reason whereof I conceive to be partly because wee are generally borne free, and therefore take no care or paines to come by it, whereas many are borne poore, and to inherit little but what they can get by the sweat of their browes: partly because libertie is as plentifull amongst us as silver was in Solomons dayes; which was therefore little esteemed because it was as plentifull as the stones in the street, and as the wild Figtrees that grew abundantly in the plaine; there is none amongst us but is as free as another; but there is great difference in respect of estate; partly also, because we see few in any suffering or hard condition, we heare few cryes or complaints for want of liberty, whereas we both heare and see daily what hardship and things grievous to flesh and blood, are endured by many, both men, women and children, for want of meanes, and an outward estate. Haply for these and other reasons that might be given, our liberties are not so high prised with us as matter of estate is; but if we did judge righteous judgement (as our Saviour speakes) or if we had but the sensible advantages and quicknings to raise our thoughts and apprehensions concerning our liberties, which wee have in reference to our estates, and which many others in the world have, in reference to liberty it selfe; we would thinke our liberties every whit as worthy to be placed at our right hands, as our estates. I must not stand to discourse the benefit and sweetnesse of this blessing of libertie; concerning which, many great and excellent things might be spoken. I shall onely say this, that if we lived but a while in those States, where the poore subject is yoked with an Iron yoke of bondage, and bowes downe the backe, and grones under the heavy pressure of usurpation and tyrannie; as under the great Turke, or in the State of Persia; yea or in France it selfe (which is neere at hand) and did but observe the miserable and hard termes and conditions, that by reason of such slavery and bondage they live under, then a dram of that libertie which yet we enjoy, would be as pretious to us, as a drop of could water would have beene to the rich man in hell, when he was so grievously tormented in those flames. Now then this is that which I hold forth unto you in this motive to be considered of, that if ever you shall suffer the hand of the Malignant partie, which is now up in rage, and great fury against you, to find their enterprise, if the day falls to be theirs, you must looke to be dealt with all in your liberty, as in your estates; there will no partialitie be shewne by these men betweene them, they that will not spare you in your estates, neither will they favour you in your liberties: they have bands, and chaines, and fetters already prepared for your hands and feet, and Irons that will enter into your soules. You must know that they are animated and acted against you, with the spirit of that fourth beast in Daniel, which was unlike unto all the others, very fearefull, whose teeth was of Iron, and his illegible of Brasse, which devoured, brake in pieces, and stampt the rest under his feet. They are of a Lordly, insolent, domineering and tyranizing spirit, sporting themselves in their cruelties, and delighting to ride over the heads of men, that they can get under them. Therefore now consider (I beseech you) how intolerable and grievous a thing it is like to bee unto you to beare the yoke of that cruell bondage and slavery which these men have prepared for your neckes; to live by the lawes of their lusts and pleasures, to be at their arbitterments and wills in all things, to doe and to suffer, to have and to possesse as they shall appoint and thinke meet for you; how intollerable a condition (I say) this is like to prove unto you, who have beene free men and women all your dayes, and have had the disposall of your selves and of all your wayes, and of the good things that the providence of God hath cast in unto you upon your labours or otherwise. Oh you will finde the change very sharpe and terrible, beyond what I am able to expresse, or your selves for the present, able to apprehend. Whereas on the contrary, if you shall hold out this one impression and onset which they are now making upon you, and make good the ground you stand on against them; you shall breake their cords in sunder, and cast their bands from you for ever; you shall make such an intaylement of this pretious inheritance we speake of, your libertie, to your children, and childrens children, that they shall never be able to cut off. If they be but now broken, they are not like ever to make themselves whole againe: if you will be perswaded to be men of wisedome once, you may be men of comfort and peace ever after.

3. For your wives and children, these (I make account) are another part of your pretious injoyments in this world: But as for these, neither are they like to finde any better quarter in their kind from these bags of blood and basenesse, then your liberties and estates in their kind. Nay as these are capable of the impressions of more of those vile affections which rage in these men, so are they like to suffer upon termes yet more grievous, even according to the utmost of their capacities in this kind: The rage of their lusts (I meane of many of them) is as barbarous and cruell, as the rage of their crueltie it selfe. And what measure you are to expect both in the one and in the other, in lust and crueltie towards these, your wives (I meane) and children; themselves have proclaimed in your eares aloud in those patternes and examples of this kinde, which in severall places of the land, they have set for themselves to follow in their future course. I presume you have heard of divers insolencies and outrages of abomination committed by them with an high hand, such as have made both your eares to tingle in the hearing. Therefore consider and weigh it well with your selves: put your hearts upon deepe and sad, and serious apprehensions of it, how grievous and heart-breaking and soule-cutting a sight it would be unto you to see the honour and chastitie of your wives, daughters plundred by the barbarous lusts of those brutish men, who are ready to poure out their abhominable filthinesse and uncleannesse where ever they be-come, and when they have done execution upon their honours, with the lusts of uncleannesse in the Front, to bring up the lusts of crueltie in the Reare, to doe tlie like execution upon their lives and blood. Assure your selves, that the divell hath the driving of them, and he will make them runne and keepe his pace, as far as ever the strength of any vilenesse and wickednesse in them will hold out. And so for your little ones that are not for their lusts: it is much to bee feared that in that respect, they will double their cruelties upon them, as you have heard (I presume) that their Brethren in Ireland, baptised into the same spirit of blood and abhomination with them, have done. Oh, illegible can you beare the thoughts of such a day likely to come upon you, wherein your young children shall be taken by the hand of an inhumane monster, and dashed in peeces against the stones, or torne one limbe from another, or tossed upon the point of the Pike or Speare. Assure your selves that the day of all these astonishing things, and perhaps of things more intollerable and astonishing then these, is like to illegible upon you, except you will bee perswaded to redeeme it, and buy it off, at the rate of your utmost endeavours, and of all you are able to doe to prevent it, if God will vouchsafe the grace and mercy to you, to let you have it at any rate.

4. That honorable Senate of both Houses of Parliament, consisting of most of the worthies of the Land: (I meane for men of their ranke and qualitie) to whose unwearied labours, and diligence, and faithfulnesse, and zeale, and expence, under God, you and your whole Nation owe your lives liberties, both spirituall and temporall, yea estates and all your sweet enjoyments hitherto; and in whose peace and preservation all you yet injoy, as farre as reason is able to discerne and judge, is bound up; (so that I may well reckon these amongst your temporall enjoyments) these are like to perish and to be cut off by the right hand of iniquitie, if that generation of men whose bloody cruelties you both have beene heretofore, and are now againe exhorted with all your might to oppose, shall ever get the upper hand. We know it is this assembly, that have stood by you and stucke close to your liberties, and the truth and purity of that Religion you professe; that are the bulwarke and defence against the furious impressions of those wicked ones, upon you, and all that is yours; And they know as much too, and looke upon them accordingly: they are they that have robed these beares of their whelpes, that have shaken the foundation of Popery, Prelacy, and prophannesse in the Land; and that are at worke upon it night and day, to make it a land of righteousnesse, which is an element that these kinde of Creatures know not how to live in. And in this regard, these are the men of their rage and hatred above others; these are the mountaines that stand in their way; and what will they not doe, what will they not suffer to remove them, or cast them downe, and make them into a plaine? doubtlesse they are sicke, and long for their blood, as much as ever David longed for the waters of the well of Bethleem. And if they shall ever be but able to dissolve the power and proceedings of this Parliament now sitting, the way will be open and ready for them, either to stave off all Parliaments for the future, or (which is of more dangerous consequence of the two) to make them themselves: and so the Sunne of the glory and peace of this Nation is like to set upon it for ever. Therefore now consider (I beseech you) of how lamentable and unsupportable a consequence it would be, if this Spring should be troubled (as Solomons comparison is) if these righteous shall fall before these wicked ones; and Cavaliers Swords drinke Senators blood: And how would it be a blot upon you, and make your memoriall an infamy and reproach throughout all generations, if it should be said, that you sate still and did nothing, but keepe up your mony, while these men perished at your side, who had beene a guard and safety to you and to all that you had: yea that laboured and travailed with the honours and safetie of the whole Land, and were ready to cry our, and to have beene delivered, but that in the very breaking forth of the children, your covetousnesse, and your unfaithfulnesse, and remissenesse betrayed them into the hands of their enemies, who cruelly destroyed both Parents and Children at once. Not to feede your enemie When hee hungers, or when he is thirsty, not to give him drinke, is by the Holy Ghost himselfe interpreted; to be a revenging your selves on him; and withall to be a matter of high displeasure and offence unto God. I beseech you, if not to save the life of an enemy when it is in danger, nay if not to supplie such necessities of his, which yet perhaps doe not touch his life, be a sin of that provocation in the sight of God; What sin will that be, or by what name shall it be called, or what shall the measure of the provocation of it in the eyes of God be, when men shall suffer the greatest and faithfullest freinds they have, that for a long time together have laboured for them in the very fire night and day, in the very midst of their sore conflicts and strivings with men, and that cheifely for their sakes, to perish by the hand of their enemies, when it was in their hand and power to relieve them? Surely men must create a New Name, and God will create a new punishment or hell for such a sin.

5. (And lastly for matter of this worlds concernment) what doe you thinke of your lives themselves; if those men of blood shall carry the day, and ever come to set up their banners amongst you? Will they not be sold as cheap as Sparrows were among the Jewes, five for two farthings? Nay, will they not be trodden down and trampled upon like clay and mire in the Streetes, by the foot of the pride, and rage, and insolency of these men? Would not your flesh be as a feast of fat things unto them, and your blood as new Wine? Or if they did spare your lives, would it not be only out of a desire and intent to adde unto your miseries, to gaine opportunity of inflicting many deaths upon you? Perhaps they have learned a deliberate cruelty, from that bloody Emperour Nero: who when any person that was accused, and under the stroke and dint of his power, desired of him that he might be dispatched, and put to death, was wont to make answer, Non ita tecum in gratiam redii: illegible He was not yet so far friends with him, as to give him leave to die: he meant to have more satisfaction out of them, then so. So if these men give you your lives for a time, you must not looke to have them given you upon such termes, as God sometimes in common destructions gives his servants their lives: viz. For a prey, or booty: No, they will be given you only as meanes or engines wherewith to torment you. It may be they will desire to reserve and keep you aliue, to make spectators of you, of all that bloody Tragedy they meane to act upon all that belongs to you, in setting your Houses, and Cities on fire, in taking away your goods, in offering villany to your wives, and your daughters, and then mangling and massacring them when they have done. And then when they have throughly scourged you with such scorpions as these, it is like they will deliver you into the hand of death. Certaine it is, that the spirit that works in these cursed children of disobedience which are now your adversaries, lusts not onely to your temporall ruine and destruction, but to your everlasting ruine and destruction also, as farre as it knowes how to bee active in it. Our Saviour himselfe seemes to imply as much, Matth. 10. 28. where he commands us not to feare those which kill the body: but are not able to kill the soule: as farre as they are able to goe in hatred and malice against the Saints, they doe goe, they doe kill the body (saith our Saviour) Hee doth not say, feare not those that can kill the body, but, which doe, actually, frequently and from time to time, kill the body, but are not able to kill the soule; doubtlesse intimating, that if they were able, they would kill body and soule, and all. And somewhat more plainely (I conceive) Joh. 10. and I give unto them eternall life, and they shall never perish, neither shall any man plucke ( or pull ) them out of mine hand; cleerely implying, that the divell and his instruments, wicked men, are ready to pull and tugge hard to get even his elect themselves out of his hands, out of that hand of election and grace, which hee hath layd upon them, and whereby he holds them fast. Thus the story of the martyrs report, that when the Popish Prelates, and Priests were ready to have execution done npon that faithfull servant of God John Husse, they used these words, Now wee commit thy soule unto the Divell: And when Hierom of Prague, through long and grievous imprisonment grew very sicke, and (as himselfe thought) neere unto death, desired that hee might have a confessor (being it seemes, consciencious this way) the story saith, that very hardly, and with great importunitie it could bee obteyned: which shewes, that it was griefe and torment to his enemies, that hee should have any thing, that in their opinion might bee a meanes to save his soule, after hee was dead; besides many other like streynes of the same spirit, which that story presents unto the diligent Reader. Now then, there being a spirit of this profound, deepe, and divellish enmitie against you, working in the Bowells and inward parts of these men, to desire not onely your temporall, but eternall death also, it is none other like, but if they suspect and doubt of the strength of their arme, for the sending of you by death into Hell (as I make little question but they doe, they have no great hope of hunting your soules into the bottomlesse pit, which is reserved for their owne) they will themselves create a Hell for you, as full of torment and cruell burnings as they can make it, and cast you into it themselves before you die, and so be gotten out of their reach. So that there is nothing to bee looked for from these men but death, or that which is worse then death, a life to contribute towards the increase of the paines and sorrowes of your death: and so indeed death howsoever. Therefore I beseech you consider the weight of this branch of the present motive also. Will you thinke of keeping or saving your estates, to the losse or imminent danger of your lives? Shall you not keepe your money to make a goodly purchase, if you bring all these great evills and miseries upon you thereby? Though in many other cases you might make much gaine and advantage by making the Divell a lier, yet it will bee your wisedome, to justifie him in that his saying; skinne for skinne, (or rather skinne after skinne, or, skinne upon skinne) and all that hee hath will a man give for his life, If you have so much of men in you, as Sathan your enemy supposeth (it seemes) that you have) to value your lives at any such rate above all your possessions whatsoever, shew it this day, and make a fortification and bulwarke of all that you have for their defence and safetie; Solomon (we know) made some hundreds of Targets, and Shields of Gold: it should not be grievous to any man to sacrifice his estate, his Gold and Silver upon the service of his life. There is a time to keepe (saith Solomon ) and a time to spend, or to cast away, Eccles. 3. 6. Certainely of all other, that is no time to keepe, when a mans life lies at the stake, and is in all likelihood not to bee redeemed but by casting away. Thus much for your temporall and outward injoyments, they are all involved and concerned to the utmost, in the present occasion and service, which you have beene exhorted, to promote and further with all your strength, and all your power.

But secondly, it were well (at least it were lesse to bee layd to heart, it were a matter of farre lighter moment and importance) if your outward concernments onely, though it were even to life it selfe, were imported in that great occasion; which is now on foot, and hath beene againe and againe recommended unto you; but behold greater things then these. Your spirituall concernments also, are like to suffer, and that in a very high degree, if Gog and Magog prevaile, if ever you come to bee at the allowance of Cavaliers, Papists, and Athiests, that have taken the sield against you, for the things of Heaven. You are like to have stones in stead of bread, and Scorpions in stead of Fish. Those golden Pipes, by which Heaven and Earth are (as it were) joyned together, and have lively communion each with other; I meane your pure ordinances of worship, which have both the wisedome, and grace, and goodnesse of God abundantly in their frame, will be cut off, and others of Lead laid in their stead; ordinances I meane of an humane constitution and frame, whose chiefe substance, or ingredients will bee the wisedome and will, i.e. the folly and corrupt affections of men, by which, not Heaven, but Hell, and the world will bee joyned together, and the trade and traffique betweene both places, much quickned and advanced, ordinances which will bee ready to bee cast as dung into your faces by God, when you have beene exercised in them. You must never looke to see the goings of God in the Sanctuary, as you have done, to see any more visions of life and immortalitie let downe from Heaven unto you, in these houses of vision: those excellent ravishments and raptures of spirit, those takings up into the third Heaven by seeing him that was greater then Solomon in all his glory; will cease from you. Those pure streames of the Gospell will bee all bemired and soyled, when they are given unto you to drinke: Yea happily and poysoned too, by the influence of the corrupt minds and judgements of those that shall give them unto you. You must looke to have the Gospell turned upside downe, and to be made to stand in perfect conjunction with Hell, with loosenesse, wickednesse, and prophanenesse, and in opposition to Heaven, Grace and Holinesse; to be made a Savour of death to those that shall bee saved; and a Savour of life to those that shall perish. It will bee made to frowne upon those that are godly, and to looke cheerefully and comfortably upon loose men. So that if your soule shall lust for these Sommer fruits, if you shall desire to have communion with God in communion and fellowship with his Saints, If you shall desire at any time to bee rained upon by a shower of life and peace from Heaven; you must repaire againe to the woods and mountaines, or to the covert of some close and secret place, where you must eate the bread of your soules in perill of your lives; as your forefathers did in Queene Maries dayes, on with danger of suffering whatever the malice and revengefull spirit of your enemies shall thinke good or can devise to inflict upon you.

Therefore now consider, you that have had the liberty of your Sanctuaries, and of your publike assemblies, that have beene fed with hony out of the Rocke, and with the finest wheate of Heaven, you that have had an open and free trade to Heaven, and have had glorious returnes from them day after day, to whom the Ministery of the Gospell, hath beene as the wings of the morning, as Chariots of fire to carry you up and downe as it were in spirituall state and triumph betweene Heaven and earth; Oh how will that day be as the shaddow of death unto you, wherein you must exchange your Quailes and Manna from Heaven, for the Garlike and Onyons of Egypt, when you shall heare the Pope and his Hierarchie preached up to the Heavens, and Jesus Christ with his Saints preached downe to the earth, and made to sit at their footstoole, when your soules and consciences shall bee compassed about with lies and errors and the Commandements of men, in the Ministery of the word, in stead of those spirituall and glorious truths, which were wont to bee as so many Angels sent from the presence of God to comfort you; doubtlesse if ever you saw the heavens opened over your heads by an effectuall and sound Ministery, and Jesus Christ standing at the right hand of God in glory, as Stephen did, if ever you smell the savor of life by Jesus Christ preached; the day wherein such a ministery shall bee taken from you, will bee like the day wherein the Sunne shall bee covered with Sack-cloath, and the Moone turned into blood, and the Starres in the Firmament of Heaven lose their light. The change will bee every whit as sad unto you, as that was unto David, when hee was driven from the Sanctuary and presence of God, and compelled to dwell in Mesech, and make his habitation in the Tents of Kedar. If this exchange made him cry out, woe is me: you must thinke it will bee a double woe unto you, when the Arke of God shall be taken from you, and Dagon set up in its stead, when the dispensations and administrations of Heaven, which were spirit and life, the light of Gods countenance it selfe unto you, shall bee exchanged for the statutes and ordinances of Rome, which are like tombes and sepulchers, having nothing in them but rottennesse and dead mens bones. If such a day were now upon you, what would you give to buy it off? and is not the purchase of the prevention of it worth as much?

It may be there are some amongst you whose soules and consciences were never yet engaged, eyther by the puritie or power of any of the ordinances of God; who never yet knew what it was to bee kindly touched from Heaven by any spirituall administration; to such as these it is like Dagon may bee as good as the Arke; the devices and inventions of men, as beautifull, as savory, in the house and worship of God, as those ordinances themselves which have the perfect image and superscription of God upon them: a ministery that is low, and cold, and set in consort with the Earth, and the things thereof; as that which is calculated for the Meridian of Heaven, and breathes life and immortalitie in the faces of mens soules continually. If such as these lend but a dull or deafe eare to the motion, cannot finde so much as two mites in their estates to cast into the treasury of God, it is not much to be marvelled at. But for you that know how little the chaffe is to the wheate; I beseech you to have this sence of the businesse recommended to you, that when you have done the utmost of what you are able to doe for the advancement of it, you would yet unfainedly desire to doe more.

Thirdly, To engage you yet further to give out your selves fully freely as you have bin exhorted, you may please to consider, that as all your pretious interests, whether in the things of this life, or of that which is to come, are deepely concerned in it, so are all the like interests of all your brethren, the godly persons in the land concerned likewise. And if the cause should suffer or miscarry, it would bee as a sword that would passe through all the righteous soules throughout the land; it would bring such a day of sorrow, lamentation, and woe upon the generation of the servants of God throughout the Kingdome, as scarce hath beene heard of in all ages: it will cause all their hands to hang downe, and their knees to wax feeble, and their hearts to wither as the grasse; it will fill all their eyes with teares, and their hearts with heavinesse: there will bee no end of those great evills and miseries which will come upon them in that day. The breach that will bee made upon them will bee like the great breaches of the Sea which cannot bee repaired. It was a night of much sadnesse to the land of Egypt, when God slew in every house one throughout the whole Land: the Text saith, There was a grievous cry throughout the whole land of Egypt upon it: But this cup was given to the Egyptians to drinke: And yet this stroke fell not so sore upon them neither, as the miscarriage of that great action wee speake of, would doe upon the Israell of God amongst us. That did but touch the Egyptians in the lives of one in every Family respectively: but the stroke which is now lifted up, and likely to be given in the land, whereever it light, should it fall upon the right hand, upon the people of God, it would wound them all, and that very sore, yea and that not in some, but in all their concernments and injoyments whatsoever, as well in those which relate to this world present, as in those, whose accommodations are more peculiarly for that world which is yet to come (as hath beene shewed already) If ever that mountaine of prophannesse, which now you are exhorted to put to your shoulders to remove, shall be established, doubtlesse it will magnifie it selfe against all that is called Holy in the Land; it will lie heavy and oppresse, if not overwhelme and bury under it, all that have the marke of the living God upon them. Therefore I beseech you consider what you doe: If this great evill shall come upon the Church and people of God amongst you, and you bee found dull and heavie, negligent and remisse in the preventing of it, and not improve your selves to the utmost that way, when as it hath beene so fully and feelingly, and frequently both represented and recommended unto you, shall you not bring the guilt of it all upon your heads? Shall you not bee looked upon both by God and men, as accessaries (if not principalls) in all those sore afflictions and calamities, which in this case shall fall upon them? will not God require their sorrowes, and their teares, and their troubles, and their afflictions, and all the extremitie they shall endure at your hsnds? When I shall say unto the wicked (saith the Lord to his Prophet Ezekiel ) Oh wicked man, thou shalt die the death, if thou dost not speake and admonish the wicked of his way, that wicked man shall die for his iniquitie, but his blood will I require at thine hand, Ezek. 33. If God will require the blood of a wicked man at the hand of his Prophet in case he did not seeke to prevent it by admonishing him: will he not much more require the sorrowes, sighings, troubles, teares, extremities, blood of a whole nation of Saints, at the hand of those by whose unfaithfulnesse, coldnesse, covetousnesse, negligence in any kind, they shall come upon them. The Sonne of man (saith our Saviour) goeth his way, as it is written of him: but Woe be to that man, by whom the Sonne of man is betrayed: it had beene good for that man, Matth. 26. 24. if he had never beene borne: In like manner the Church and people of God amongst us may yet suffer grievous things, but woe bee to those, whomsoever they bee, bee they fewer, be they more, bee they rich, be they poore, by whom their peace and safety shall bee betrayed.

Fourthly (and lastly) All our owne concernments and the concernments of all our deare brethren in the faith throughout the land, are bound up in the businesse, which hath bin so frequently and affectionately recommended unto you; so are the like concernments of others of our brethren also, partakers of like precious faith with you, in other lands and Kingdoms, bound up likewise herein; though not all (perhaps) in the same degree. There is a common report of a strange sympathie between Hippocrate’s twins, that they alwayes cried together, and laughed together. And doubtlesse there is some such simpathye betweene all the Reformed Churches (as we call them) in these parts of the world: amongst which likewise I comprehend those plantations of our Brethren of this Land, in America, and other Westerne parts, atleast betweene all that are truely faithfull and sound in that profession which they make in these Churches. I doe not speake here of that inward or spirituall simpathie, which in respect of reciprocall affections and mutuall tendernesse, intercedes betweene all the true and living members of the mysticall body of Christ, though never so remote asunder, but of that mutuall dependencie which the outward affaires and condition of every one hath, upon the condition of the other, so that the prosperitie and well established peace of any one, hath an influence into, and contributes more or lesse towards the like establishment of the other: As on the contrary, the shaking, trouble, ruine, or destruction of any one weakens the strength, and impaires more or lesse the securitie of all the other. So that they must needs all weepe together, and all laugh together. Now then, this is that which I say and hold forth to your Christian and godly considerations in this motive; that the action wherein the Church and people of God in the Land are now ingaged, and which is yet depending betweene them, and their adversaries, will in the issue, close, and fall of it, bee of very remarkable concernment to all the Saints of God in all those other Churches mentioned; if it falls on the right hand, it will bee the riches, strength, and increase of them; if on the left, it will be the diminishing, shaking, and impairing of them, therefore consider I beseech you, the great weight and importance of the opportunitie that is before you, if through your zeale, and forwardnesse, and faithfulnesse to advance it, and the blessing of God upon it, your present service shall prosper, your light will be like the lightning which (as our Saviour saith) shineth from the East even unto the West: the heate and warmth and living influence thereof, shall pierce through many kingdomes great and large, as France, Germany, illegible Hungaria, Polonia, Denmarke, Sweden, with many others, and finde out all the children of God, and all that are friends to the Kingdome of Heaven, and will bee a cheering and refreshing to them: Especially to your brethren in their severall plantations in sarre countries; and most of all to those in these united and neere kingdomes, Scotland and Ireland, it will be as a feast of fat things, and of wines well refined: and particularly to poore bleeding, dying Ireland, it will be as a resurrection from death unto life. Now then in-as-much as God hath set you this day, as the Sunne in the firmament of Heaven, from whence hee hath an opportunitie and advantage to send forth his beames, and to furnish and fill the world with his light and influence round about him; since you have the commodiousnesse of such a standing, that you may doe good to all that is Gods, I meane to all the Saints in all their dispertions and quarters throughout so many kingdomes, and such a considerable part of the world as hath beene mentioned, so that you may cause them to rise up before you and call you blessed; I beseech you doe not betray this first-borne opportunitie of Heaven: looke upon it as a great and solemne invitation from God himselfe unto you, to do greater things for the world, at least for the Christian world, then ever you did unto this day; or then ever you are like to doe the second time, yea then any particular Christian State ever did, or is like to doe while the world stands. God hath prepared and fitted a Table for you large enough, if you will but spread and furnish it with such provisions as are under your hand, that you may feast, and give royall entertainment, to the whole houshold of faith, almost throughout the whole world at once. And shall it now seeme any great thing in our ages, or bee in the least measure grievous unto any man or woman of you, even to lavish his gold out of bagges, to bestow his whole substance to devest himselfe of all he possesseth in the world, even to his shooe Latchet, to furnish and set out such an occasion as this is, like it selfe? Shall not the very conscience and comfortable remembrance of such a thing as this done with uprightnesse and simplicitie of heart by you, be a thousand times better then any superfluities of silver or of gold, or of meates, or of drinkes, or of houses, or of or of jewels, or apparell whatsoever? Nay if we shall bring povertie and nakednesse, and hunger and thirst upon our selves, to purchase and procure it, will it not bee better then an estate, then cloathing, then meates and drinkes unto us? will it not take out the burning, and allay the bitternesse of all these? Doubtlesse the honour and conscience of the fact, will beare all the charges, and answer all the expence of it to the full. The opportunitie and occasion is so rich and glorious, that it calls to remembrance (as sometimes the shadow doth the substance) the great opportunitie that was before the Lord Jesus Christ, for the salvation of the world: We know that he being rich, became poore, that the world thorough his poverty might be made rich. You have the patterne in the mount before you: See that according to your line and measure, you make all things like to it.

FINIS.

8.: [William Walwyn], Some Considerations Tending to the Undeceiving (10 November, 1642).

SOME

CONSIDERATIONS

Tending to the Undeceiving those, whose judgements are misinformed by Politique Protestations, Declarations, etc.

Being a necessary discourse for the present times, concerning the unseasonable difference between the Protestant and the PURITAN.

The end of the Parliaments consultations, and actions, is to free the Kingdome (the care whereof is to them by the Kingdome committed) from all those heavy tyrannies and oppressions which for many yeares, against expresse Lawes, and cautions to the contrary, have surrounded and overwhelmed the Kingdome, all which, if wee have not a desire to let them slip our memories, the Parliaments first Remonstrance will fully present unto us. Those men that do oppose the Parliament, are generally such as some way or other have thrived under those pressures, as being made instruments and actors in them, or else being addicted to vice and loosenesse, found that connivence and indulgence, then which, in times more reformed they cannot expect. Those men that doe now side with, and assist the Parliament, are such as in those corrupt times were trodden under foot, such as were vext and impoverisht by insulting Courts, and Court-officers, forc’t against conscience to perswade to the breach of the Sabbath, compelled to flie their Countrie, or separate from the Church, by inducing vaine and empty Ceremonies, which direct our mindes from consideration of Gods love to us in Christ, and are utterly inconsistent with the true, and spirituall worship of God; and indeed therefore pressed upon us, that thereby their friends might be knowne from their foes, the easie to be abused from the more difficult, that they might be imbraced, and have all encouragements both from the Minister, and men of high places; and these disgraced, prosecuted, and though of never so honest lives, yet if in all things not conformable, scandalled, and made odious: Ceremonies were therefore too pressed upon us, that by them the Church becomming more pompous, and outwardly specious, the Clergy (by whom the Statesmen were especially to doe their ill intended worke) might win greater esteeme, and grow more and more reverenced by the people, who seldome they know dive into the reasons of things, but are usually carryed away by outward shewes and appearances. The Parliaments other friends are such as have beene tormented with the permitted corruption of Lawyers, those devouring Locusts, no lesse ravening then the Ægyptian ones that overspread that Land; such likewise as had lost the liberty of Trade, for the gaining of which, they served a long and tedious apprenticeship, by unlawfull engrossements, and Patents; and all the multitude of good men, who are sensible either by their owne, or their nighbours sufferings, of the injuries of former times, or desirous to prevent and divert our oppression and slavery for the future: Now as it is a notable policy of evill men, though of quite different and opposite conditions to combine and associate together against all that oppose them, bearing with, and passing by any thing for the present, though at other times much distastfull. So how much more does it behove the honest men of this Kingdome, who are likely to taste equally the sweetes of liberty, or the bitter pills of slavery, how ever they may be perswaded otherwise for the present, to unite themselves heart and hand, to joyne together as one man, against all those whom they shall discerne either to oppose the Parliament, or endeavour to raise divisions and differences among themselves. The only way for our enemies to doe their worke, is not by strength, and force of Armies, for what ever their brags be, and how great soever their boasts by which they would seeme to have what they have not, that thereby they may encourage their party, and dishearten their adversaries, yet indeed their forces are but small, their provisions scanty, their meanes and mony only supplyed by rapine, which cannot be lasting, having neither Forts, nor Shipping, so that it cannot be that by strong hand they should have any hope to doe their worke: No certainly, and yet notwithstanding they still dare to hold up the Cudgels, seeme as confident as ever, beare up, as if the world were of their side; what should be the reasons hereof; reasons there are, we must perswade our selves, it is not to be supposed that they are foolehardy, or that the sense of their many mischiefes have made them desperate, because past hope of reconcilement (though they well may) their Councels are notable, and surely come not short of the most able the world affords, their subleties exceeds the Foxes, or the Serpents, Romes or Spaines; whose most damnable glory it is, that from meane beginnings they, by their wits especially, have raised themselves to the most extended tyrannies in the Christian world: and why should our politique enemies then despaire? Since their wits are as quick, their consciences as deeply pained and sencelesse, many of our people as easie to be deluded as ever men were, having the assistance of former contrivances in making men slaves, furnished with Machiavils, and Staffords instructions from Florence, with all the assistance Romes consistory, or Spaines can afford: and what force cannot doe, deceit may: a subtill deceitfull Declaration may doe much more mischief then an Army, the one kills men outright, and so leaves them unserviceable for both sides, but deceitfull words, when for want of consideration, unsettlednesse of judgement, and weake information, they captivate men, they make them not only dead to good mens assistance, and their Countries service, but promoters likewise of their deluders interest, to the insensible ruine and slavery of their brethren, and in conclusion, of themselves. Deceits and delusions are the principall weapons with which the evill Counsellors now fight; by which they subdue and captivate the understandings and affections of men; to scatter these, they hurry about from one County into another, and there at Assises, and other forc’t Assemblies practise, in one place they colour and glose over their owne evill actions, with seeming pretences of Law, Religion: in another, they scandalize and traduce the Parliament, for as they cannot want paint to make fowle and unsightly actions seeme faire and specious, so neither can they want dirt and mire to disfigure the best formed, and most honest enterprises in the world; words are never defective to make evill seeme good, and good evill: what villany was there ever committed, or what injustice, but words and pretences might be found to justifie it: Monopolies were once pleaded legall, and very wholesome for the people, we were once perswaded Ship-money was lawfull, and now Commission of Array; if unjust things were offered to us, as they are, without disguise and artificiall covering, they would appeare so odious, as that each man would cry out upon them, and therefore it is a high point of policy to make the worst things shew fairest, speake best, when they intend most mischiefe. In other Counties the people were thanked for their affections and assistance, when they found them wiser then to yeeld any, and when they were driven by necessity to a place, they would seeme to be invited by love, and certainty of compliance, when God knowes in many places they found it much otherwise, and would likewise elsewhere too, but that the people were necessitated to their assistance by force, rather then forward, out of any liking. Well, their policies and delusions are most numerous, and every day increasing, and therefore it behoves every wise man to stand upon his guard, to be wary and watchfull that he be not apprehended by their subtilties: in nothing there is required greater care, their invasions being insensible, and having once seised upon a man, he no longer dislikes, but approves of them, they force a man to love what erewhiles he hated, what he but now cryed downe, to plead for, and not to observe, because his intentions are honest, and he meanes no ill, that he is even against his knowledge his Countries enemy: Hee that can give any cautions how to resist their wyles, or shew wherein we are already seduced by our cunning adversaries, doth doe very good service to his Country, and deserves to be heard; this discourse was written principally for that end, namely, to discover to all good men how they have suffered themselves to be wrought upon by the adversary in a case very considerable, and thereby, though they observe it not, are become friends to their Countries chiefe foes, and foes to their principall friends. The worke of evill Counsellors, as it is to unite and joyne together their friends, so is it likewise to separate and divide their foes amongst themselves: all such are their foes as truly love their owne liberty, and desire to free themselves from their insulting tyranny: it must needs be very advantagious to them, if by any meanes they can divide these, for being disjoyned, they cannot possibly be so powerfull against them as otherwise they would be, did they continue at union: now amongst many other wayes that they have used to accomplish this end, there is not one hath been more effectuall then in raising, and cherishing differences concerning formes and circumstances about Religion, that so setting them together by the cares about shadowes, they may in the meane time steale away your substance: there is no difference they full well know is so permanent, as that which any way touches upon Religion, and therefore like cunning Pioners, have lighted upon what is likely to make the greatest breach, which by continuall plying the work, the difference dayly increasing, it is much to be feared that all the paines the Parliament takes, the assistance of good men, the hazards of our resolute souldiers, or whatever endeavours else are used for the accomplishing of good mens desires, will by this one difference, if continued, be utterly frustrate, and come to naught: for it is almost come to that passe, that the Puritan and Sectaries, as they are called, are more odious to the Protestant, then the Cavalier, Malignant, or Papist: all our discourses are diverted now by the cunning practise of the Polititian from our forepast calamities, plots, and conspiracies of lewd men, from thinking what will be the best wayes to speed and advantage our undertakings for our liberty, to raylings against the Puritan, to crosse and oppose the Puritan, to provoke him by many insolencies, and affronts to disorders, and then to inveigh with all bitternesse against his disorders: if at such times as these, when so great a worke is in hand, as the freeing of us from slavery, we can be so drowzily sottish as to neglect that, for the satisfying our giddy and domineering humour, what can be said of us, but that our fancy is dearer to us then our liberty, that we care not what goes to racke, though it be our substantiall Religion, Lawes, and Liberties, so we doe but please our selves in crying downe our Brethren, because they are either more zealous, or else more scrupulous then our selves: These things my friends, (for all good men are such) doe shew that you are not considerate, nor doe not sufficiently beare in mind what was told you in the Parliaments first Remonstrance, that it was (and still is) one of the principall workes of our common enemy, to sow division between the Protestant and Puritan, you have beene too easie, and quickly wrought upon by him for the accomplishing that worke: I would to God you would lay it to heart; the Puritan intends no mischiefe to any, you may assure your selves he does not: if you inquire you shall finde that they had no hand in our former oppressions, they were no maintainers of any unjust courses, or Courts, unlesse by those many fines which were extorted from them, for that they of all men had the courage to withstand their injuries: wee heare of daily plunderings, rapes, and murthers of the Cavaliers, women with child runne through, and many other butcheries, and yet wee passe by these, as if by no interest they concerned us, and let flie our speeches only against the Puritan for plucking a raile downe, or a paire of Organs, a Surplice, Crucifix, or painted window, which are indeed no way conducible to the substantiall worship of God, and yet retained by the ill disposed Clergy, as fuell to yeeld matter to that discord they would continue amongst you: See how much too blame we are, see how exceedingly the polititian has deluded us, that we should doe thus, and yet see not that we doe unwisely. If thy brother bee weake and thou strong, beare with his weakenesse, or if the Puritan esteeme thee weake, and himselfe strong, it will be a good lesson to him; if wee be strong we should beare with them that are weake; if we are weake we should not judge them that are strong, it will be no shame for any one to take the Apostles advice; let not slight and indifferent things divide our affections; let them not especially when substantiall things lie at the stake; it is all one as if our enemy being in the field with full purpose and speed to destroy us, wee should turne aside to exclaime against a man that flung dirt upon us or laught at us: and wholly neglect altogether to defend our selves: what a shame will it be unto us, when hereafter it is said that the English might have freed themselves from oppression and slavery, but that in the doing of it they neglected their common enemy, and fell at variance among themselves for trifles. Ceremonies and other things that occasion difference, are stickled for by the Protestant, not for that they thinke them necessary, for surely unlesse it be for some indirect end they cannot be urged to be so, but for that they are not yet taken downe by authoritie: The Puritan they would have them taken away for that they conceive them vaine, unwarrantable by Gods Word, reliques of the Romish Religion not throughly purged away, and therefore they desire they should be left off by us, which are the principall cause of their separation from us: In all differences to bee unwilling to reconcile, shewes not a spirit of love, which Christians should ever be possest withall, but of pride and contention, the Protestant hath not the engagements of conscience upon him, as the Puritan has, and therefore may the easier beare with the Puritans infirmities, if meat offend my weake brother I will eate no meat as long as I live, what an excellent thing were it if we could have that hold fast over our selves that the Apostle had to refraine from any thing, how pleasant and deare soever unto us, rather than give any offence, or occasion any difference betweene our selves and weake brethren: let every man thinke of the answering this question to himselfe: whether if lewd men doe get the better over the Parliament and honest men of the Kingdome, either Protestant or Puritan are likely to be any other but slaves: Certainly if any of them doe perswade themselves otherwise, they are like the stiffenecked and unweildy Hebrewes, that wisht they were slaves in Egypt againe, where the much loved Flesh pots were, for that it was troublesome and dangerous passing through the Wildernesse into Canaan, a land of plenty and lasting liberty. Be not deceived with deluding thoughts of former times, when plenty covered our oppressions, and because of peace wee could not see our slavery: it was a time when such as Buckingham, Stratford, domineering Bishops, corrupt and lawlesse Judges, grew rich and potent: when Courts Minions for no services but slavery and luxury were exalted, when offices were not conferred on foreseene vertue and honest desert, but were bought and sold; when honours that ought to be the rewards of vertue, were by gold purchased, and they onely deemed fit Subjects for both, that were easie to be corrupted, such as had stupid consciences, would suffer their masters to undertak any dishonest employment. He that wishes for former times wishes for such times wherein it had beene much better for a man to let goe his right or inheritance, though never so apparantly his, to any varlet that would have laid but any colorable claime to it, rather then have bin wurried by Court Mastives, eaten to the bare bones by griping Judges and avaritious Lawyers, wherein a murder in one man was not so much punished as a word in another, wherein a poore man was hanged for stealing food for his necessitie, and a luxurious Courtier of whom the world was never like to have any other fruits but oathes and stabbes, could be pardoned after the killing the second or third man: wherein in a word, knaves were set upon honest mens shoulders, all loosenesse was countenanced, and vertue and pietie quite out of fashion: In these times, who kept themselves so steddy as the Puritan, who opposed against those exorbitant courses, and by that meanes who smarted more then they: sure I thinke their sufferings are yet in each mans memory, who but they, or they especially withstood all Church innovations, and other taxes and impositions, for which both the Bishops and Clergy, as also the corrupt Statesman, and Projector were their protest and open enemies, and even then to make them odious, invented ridiculous names for them, and studied scurrilous tales and jests against them, and ever signed new devices concerning them, to direct our thoughts from our every dayes oppressions, to sport at the Puritan. The wayes of wicked men are like the way of a Ship in the Sea, so quick and speedily covered, that without much observancy we cannot trace them: So that we see these endeavors to make the Puritan odious is no new policy, nor yet the reasons why it is endeavored, and how great a blemish it is unto our judgement, that though this deceit hath beene so long in practise, and so apparently mischievous to good, and advantageous to bad men, we should not yet discover it, or being discovered and declared unto us, wee should not lay it to heart, and endeavor to avoid it. Sure I thinke there is no more evident marke of our disaffections to the Parliament, then our invectives against the Puritan, whom the Parliament and all good men ought in all reason to esteeme well of, for that they have beene so abundant in their contributions, so forward in their services, so neglective of their private, to advance that necessary and most allowable work, both by God and all reasonable men in the world, of freeing us and our posterity from loathsome Tyranny and oppression: whatsoever faults the Puritan hath, this is not a time to cast them in his dish, neither are we certaine that they are faults, we have but so digested them to our selves, what he can say for himself, in his own justification, is not yet heard, nor is there yet a time of hearing: we may assure our selves that the Parliament will endeavour all that possible they can to give all sorts of men that will not prove obstinate, and unsatisfiable, the best and largest satisfaction: If they should now goe about it, or if they should at any time heretofore have enterprised it, they might in the meane time have had their throats cut, it is and hath been the endeavour of the Kings evill advisers, to urge them alwayes to the settlement of the Church, a worke they know requires much time for the performance of it, and so must of necessity have diverted all considerations and provisions for their safety, when in the meane time those advisers would have been most active and vigilant, losing no jot of time, nor balking no opportunity or advantage to have fortified themselves, made a prey of the Parliament, and in their mines have buryed all thats neer deer unto us: We see, that though the Parliament have only intended one business, the defence and preservation of themselves, and the Kingdome, so great opposition hath yet been made, and so difficult a worke have they found it, that there is no man can say they are too forward: and therefore if we will not willfully make our selves a prey to our common enemy, let us resolve for the time to come firmly to unite our affections beyond the policy of evill-witted men to dissolve: let those whom the malignant and inconsiderate call Puritans, endeavour all that they can possibly, to give no offence to the Protestant, and let the Protestant be slow in taking any at the Puritan: the Puritan indeed is too blame in his not observing all hee can to win by love, gentle behaviour, such as differ from him in opinion, in not endeavouring all he can to bridle his passion, and not suffer his different opinion to coole his love and affection to other men: what? We have all need one of another, and till such time things are throughly canvassed, and examined, how ever each man concludes himselfe to be in the right (we know we are partiall to our selves) he may be mistaken, and upon better reasons which as yet he sees not may alter his judgement and be convinc’t; let us unite together as one man to the extirpation of certaine and discovered enemies both of our substantiall Religion, our lawes, and liberties, that so all being quiet, and wee assuredly freemen, all stratagems dissolved, arid the Sunne of peace againe appearing, the Church may be so purged and so religiously setled, that the Puritan may have no cause of seperation (which cannot be according to his desire but that to which by the instigation of his conscience he is necessitated too) and so may be no longer an eyesore and distastfull to the Protestant, but both may with mutuall joy and peace of conscience joyne together in praises and thanksgivings to that God, who by the free, and alone death of his Sonne attoned and reconciled us to himseife, and in giving us his Sonne hath together with him given us all things also. But to what purpose will this, or other discourses of this nature be, when there is a sort of people in this kingdome, who make it their study and bend all their endeavours for to encrease and enlarge this difference: and yet have full permission, and all opportunity that may be to doe their worke; neither could the polititian have ever made this breach or extended it to that businesse it is at, but for the certaine assistance of the Clergy, who for that end bound them his instruments, by the liberall distribution of honours and preferments, by enlargements of dignity livings, by giving them power in Courts, letting them tast the sweets of domination: by authorising them in their advance of tithes, multiplying their duties, favouring them in their abundant differences, and restlesse lawsuits; and in all likelihood they must bee their servants who pay them such large wages; insomuch that in all the time of this Kingdomes slavery and wicked mens oppressions of us, who were greater promoters of both then the Clergy; what was the politique subject of their Sermons then, and discourses, but the advance of prerogative, and unlimited sway; the gayning of estimation to themselves not by their doctrines or lives, for what could be more corrupt and scandalous, but by subtill delusions, and delusive sophismes; the fitting of our minds for slavery, the abasing of our courages against injuries in Church or State; by preaching for obedience to all commands good or bad, under deceitfull termes of active and passive, by which meanes injurious men were heartned in induring mischiefes, and good men moap’d and stupified to a patient sufferance of them, their very tongues tied up and no libertie given so much as to motion against apparent injuries, or to discover to the world the iniquitie of them: This use is made of those most admirable guifts we admire the Clergy for, to this good end serves their great learning and excellent parts; and as in former times by these and many other wayes they onely employed their studies to make us apt and easie to admit our slavery without grudging or gainsaying, so doe they still continue the Statesmens hirelings, to further that difference betweene the Protestant and Puritan, which makes so much for their advantage: And that they may be truely serviceable, to this end they are brought up in the Universities fitted for the purpose; no man there countenanced unlesse he is like to prove a champion against the Puritan, the greater their abilities are that way, their preferments are answerable, insomuch, that generally those Ministers are onely good, that trusting onely to themselves, and not taking the pleasing course, could expect no encouragement from the Bishop or others in high places, but very contentedly did betake themselves to such places their honest friends and deserts obtained for them, whereas men of that other straine were almost courted into benefices, where the former benefits did not more sway with to justifie injustice, and sow division, then the longing expectation after greater and greater preferments; and what though some have refused preferments, and yet are zealous in your worke; it is well knowne yet that they live in abundance, drinke the sweet, and eate the fat of the Land, are recompenced with large gifts, and abundant Legacies; who by a cunning refusall of what they need not, and perhaps they thinke would be too troublesome, have taken so deepe root in unwatchfull mens minds, that there are none so great promoters of this worke as they; who likewise being the most subtill of all the tribe, order the businesse so, that what by their abilities of speech, reverent estimation men have of their persons, of their functions, of their sinceritie, they even delude them as they list, and have so farre fomented this fire of dissention, that it is to bee feared it will very shortly breake out into a flame: they have even heightned this hatred to an insurrection, the people rise up one against another, grow into factions and acquaintances by wearing colours, and publike meetings, outfacing authority, and slighting the most soveraigne power, even of the Parliament it selfe; nor is this likely in short time to be entinguisht, though much care be used, and great paines taken for the doing it, so long as a cunning malicious sort of men are suffered without controule or just punishment to yeeld new matter to this destructive flame of contention; to curbe the licence, and punish the insolencies of those licentious Clergymen may very well be one of the principall workes of the Parliaments, whose earnest endeavours and noble undertakings doe find no greater opposition from any sort of men, no not from the Cavalier himseife, or the Kings evill Councellors, then from these men of malice and dissention; many of them are Delinquents, and so voted, others likewise would appeare to be so, did the people thinke it a fit time to make their complaints, many of them are of scandalous and debaucht lives, all of them indeed are bound by the respects they have to their owne safetie to destroy the Parliament, by whom they know, were they at leasure they should be sifted, and their crimes censured, and to bring in againe the former government, wherein they found so great connivance in all sorts of vices whatsoever: And now what more seasonable councell can there bee to all sorts of men, then to try and examine all that they heare, to entertaine nothing for the opinion we have of the man, for the judgement is never so likely to be deluded as when the person is too highly esteemed, to see likewise in how many respects the Clergyman is bound to make the Puritan odious to the Protestant, and how greatly disadvantagious that is to the worke, all honest men are bound in conscience to further, and likewise to conclude those Clergy men disaffected that shall hereafter endeavour it, and to let both them and others in authority know it, to be firme in their affections to the Puritan, past all their subtilties to disunite them, that so all honest men being heartily united, the greater may be their force, and the kingdomes enemies the speedier subdued.

The Ministers under pretence of railing against, [the Puritan, Sectary, Brownist, and Anabaptists] doe scandalize and defame all the honest men of the Kingdome, yea even of the Parliament themselves: so that if we be not the more cautious we may be so farre deluded, as to disesteeme even their actions, not for that to any reasonable discreet man they can appeare to be any other then as the actions of the most wise should bee, but because they are approved of by the honest Puritan: It is not safe they thinke to rave against the Parliament point blanke, they would then indeed appeare so palpably malicious and villanously disaffected, that men would have much adoe to tarry their tryall by Law without doing present execution on them: therefore like men full of subtlety, they wound the Parliament through the Puritans side, and therein take so vast a liberty, that almost provokes an honest hearted man beyond his patience; sometimes they speake in a doubtfull sense, so as that all who are misled by them can understand them, and yet they thinke that if they should be questioned, as out of guilt of conscience they cannot but expect if they shall bee able to give such an interpretation to their words, that thereby they can delude the holdfast of Law and the censure of justice: thus they provide an excuse before they act their villany, and proceed as farre as they imagine that will beare them out; what high time it is that these men should bee crushed, least in time they sow so many tares in the hearts of men, that no wisedome of man shall be able to plucke up, but that they choake even the seeds of good doctrine, and root out of our minds the very principles of reason: Another villanous worke they have in hand, is to take away our courages and dull our resolutions by commending peace unto us, when we are necessitated to take up our Swords; what fooles they imagine us to be, as if we did not know what were the sweets of peace, but then it must be accompanied with liberty, the bondman is at peace; there is peace, there is peace in a dungeon, yet I thinke no man can bee heartily in love with such kinde of peace, no certainly, if our liberty and our religion be much dearer to us then our lives, as I thinke they are to every wise man, then sure they must be dearer to us then our rest, our swords are drawne for them, and so long as they are violated, what peace? what peace? so long as the insolencies and conspiracies of unjust men, and their usurpations are so many? what peace? so long as those that would free us from former oppressions, and would provide for our future liberties, are in no safety but in continuall hazard of their lives? were wee not necessitated to it, it were madnesse to thinke wee could take pleasure in shedding of our owne bloods: what shallow men doe they imagine us to be, that thinke, that through their sweet words, and smooth faces, we doe not see their fowie and mischievous intentions: yes to their griefe of heart and the joy of all good men they behold that, notwithstanding they have in many other things deluded us, in this they have not; the Militia is setled in safe and trusty hands, the Forts and strong holds made good, the Navy secured and commanded by a faithfull and couragious lover of his country, that a strong and a welfurnished Army is a foote to the terrour of wicked men and we hope to the suppression; they are quite frustrate of their ends, all their cunning discourses and subtle motions for peace, though delivered with never so much pretended piety, and seeming love to our safeties, come short of their purpose, they have not thereby lulled us asleepe, and made us too secure, no, we have the courages of men, of valiant provoked men upon us, provokt by an insight into all our injuries, which are now fresh in our memories, provoked by discovery of their delusions, and animated by the amiable sight of liberty which we may now if we will our selves obtaine, of which for many yeares we have beene deprived: and therefore it is not good nor honest that they continue their invitations to peace, so long as the Parliament see it needefull to provide for warre. This it is when they will be overwise and passe the bounds of their office, nor are they more mistaken in this, then in other matters, especially when they plead the Kings cause, their engagements and flatteries here make them starke blind, and let them not see how under stickling for the Kings prerogative they comprehend under that such things, the obtayning whereof if duly considered would make his Maiesties office the most hazardous, and fraught with least content of any one in the Kingdome. A negative voyce they much stand for, a power of calling and likewise of dissolving Parliaments; these things because they carry power with them, and seeme to adde much greatnesse and high prerogative to the King, they stickling for them, and see not that if the King should have them, he would be thereby ever liable to the blame, and censures of the people; for if any thing should be consulted of by the Parliament, and by them concluded to be safe and necessary for the Kingdome, and that the King by that power they claime for him, should crosse it if the people should in the time to come by necessitie for the want of what the Parliament would have provided for them, and the King would not, whom have they then to blame but the King; and he likewise must of necessitie lie under their hard opinions, should the neglect of calling Parliaments bring oppressions upon the people: or the too soone dissolving them without consent of the House before their businesse were fully dispatcht. Both which in their booke of Canons and constitutions ecclesiasticall, where without once mentioning the Parliament, they take liberty to make the Kings Prerogatives what they please, there I say have they peremptorily concluded the power of calling and dissolving all assemblies to bee the Kings undoubted right, and would likewise have possest the people so by the quarterly reading of those decrees of theirs in Churches by their owne order: It is true indeed these commons are most justly damned by the Parliament, but by the remembrance hereof we may palpably observe, what a power they then usurpt to themselves, and how notoriously they abused that power to the prejudice of the King, his perpetuall hazard and disquiet: The King past all question saw all this when he so willingly assented to those two acts for the constant calling of Parliament, and not dissolution of this, both which the Clergy had no other meanes to disanull and make of no effect, then by infusing into his Maiesties eares, and insinuating to the people, that the King hath a negative voyce by which all that the Parliament shall doe comes to nothing, unlesse it pleases the King to assent, which is not like to be but when those that are so powerfull (his evill counsellors) over him shall give way to; by which meanes alone those evill men have a power of crossing and making voyd all the debates and conclusions of the Parliament, and though this bee in effect to make the safety and freedome of the people to depend upon one mans will understanding, an absurdity in government; a man would think these men could not have the impudence to plead for, much lesse that the people should be so unadvised as to admit it to enter their thoughts as a thing just and reasonable, yet indeed so impudent are those as to plead for it, and so ignorant are the people, as to admit it, which is the ground and occasion of all the evils and mischiefes which at this day threaten both his Maiesty and the whole people. So that wee see the King hath little to thank them for their too hasty forwardnesse in clayming what is so unsafe for him, and so likely to divide the affections of the people from him: But what care they, the King getting power, they get advancement, credit, honour, and what not? so little respect they what is safe for him or prejudiciall to the people, so their owne ends bee served; there comes no harme from good consideration, the advice then cannot be amisse, to wish every one to consider what they heare, to examine all not timorously, nor prejudicially, but impartially by that uncorrupt rules of reason, and to give no credit to what is spoken for the credit or estimation of the speaker, but because it is the truth, and nothing but the truth.

FINIS

9.: William prynne, The Soveraigne Power of Parliaments and Kingdomes (15 April, 1643).

THE SOVERAIGNE POWER OF PARLIAMENTS AND KINGDOMES OR Second Part of the Treachery and Disloyalty of Papists to their Soveraignes.

Wherein the Parliaments and Kingdomes Right and Interest in, and Power over the Militia, Ports, Forts, Navy, Ammunition of the Realme, to dispose of them unto Confiding Officers hands, in these times of danger. Their Right and Interest to nominate and Elect all needfull Commanders, to exercise the Militia for the Kingdomes safety, and defence: As likewise, to Recommend and make choise of the Lord Chancellor, Keeper, Treasurer, Privy Seale, Privie Counsellors, Judges, and Sheriffes of the Kingdome, When they see just Cause: Together with the Parliaments late Assertion; That the King hath no absolute Negative Voice in passing publicke Bills of Right and Justice, for the safety, peace, and common benefit of his People, when both Houses deeme them necessary and just: are fully vindicated and confirmed, by pregnant Reasons and

variety of Authorities, for the satisfaction

of all Malignants, Papists, Royalists, who

unjustly Censure the Parliament

proceedings, Claimes and

Declarations, in these

Particulars.

Judges 20. 1. 2. 8. 9. 10. 11.

Then all the children of Israel went out, and the Congregation was gathered together, as one man, from Dan to Bersheeba, etc. And all the People arose as one man, saying, We will not any of us goe to his Tent; neither will we any of us turne into his House; But now, this shall be the thing, that we will doe to Gibeah; We will goe up by lot against it. And we will take ten men of an hundred, throughout all the Tribes of Israel; and an hundred of a thousand, and a thousand out of ten thousand, to fetch victualls for the people, that they may doe to Gibeah, according to all the folly that they have wrought in Israel.

Judges 11. 5. 6. 11.

And it was so when the children of Ammon made warre against Israel, the Elders of Gilead said unto lepthah; Come, and be our Captaine, that we may fight with the children of Ammon, etc. Then Jepthah went with the Elders of Gilead, and THE PEOPLE MADE HIM HEAD AND CAPTAINE OVER THEM.

2 Sam. 18. 3. 4.

And the king said unto the people, WHAT SEEMETH YOU BEST, I WILL DOE.

Jer. 38. 4. 5.

Then Zedeckiah the Kind said unto the princes; Behold, he is in your hand; FOR THE KING IS NOT HE THAT CAN DOE ANY THING AGAINST YOU.

It is this 28th. day of March, 1643. ordered by the Committee of the House of Commons in Parliament concerning Printing, that this booke intituled, The Soveraigne Power of Parliaments and Kingdomes, be forthwith Printed by Michael Sparke, Senior. Iohn White.

Printed at London: by J.D. for Michael Sparke, Senior. 1643.

To The Reader.

COurteous Reader, our usuall Proverbe concerning Science; That it hath no enemies but Ignorants; is in a great measure now verified concerning the Proceedings of this present Parliament; that few or none malignantly clamor against them, but such who are in a great degree Ignorant of our Parliaments just Soveraigne Authority; though many of them in their own high-towring conceits deeme themselves almost Omniscients, and wiser than an hundred Parliaments compacted into one. Among these Anti-parliamentall Momusses, there are none more outragiously violent ( Papists onely excepted) in exorbitant Discourses, and violent Invectives, against this Parliaments Soveraigne power, Priviledges, Orders, Remonstrances, Resolutions; then a Company of seemingly Scient, though really * inscient, selfe-conceited Court-Doctors, Priests, and Lawyers; who have so long studied the Art of flattery, that they have quite forgot the very Rudiments of Divinity, Law, Policy, and found out such a Divine, Legall, unlimited absolute royall Prerogative in the King; and such a most despicable Impotencie, Inanity, yea Nullity in Parliaments, without his personall presence and concurrence with them; as was never heard of but in Utopia, if there; and may justly challenge a Speciall Scene in the next Edition of Ignoramus.

What God himselfe long since complained off; * My people are destroyed for lacke of knowledge; may now be as truly averred of the people of England, (seduced by these blinde Guides, or over-reached by Iesuitically Policies, ) they are destroyed for want of knowledge, even of the Kings just circumscribed Prerogative; of the Parliaments Supreame unlimited Authority, and Unquestionable Priviledges; of their owne Hæreditary Liberties, and Native Rights: of the Law of God, of Nature, of the Realme in the points now controverted betweene King and Parliament; of the Machivilian deepe Plots of Priests and Papists long since contrived, and their Confederacies with forraign States (now visibly appearing) by secret Practises, or open violence, to set up Popery and Tyranny, throughout our Realmes at once; and by false pretences, mixt with deceitfull Protestations, to make our selves the unhappie Instruments of our Kingdomes slavery, our Lawes and Religions utter ruine. The Ignorance, or Inadvertency of these particulars, coupled with a Popish blinde Obedience to all royall Commands though never so illegall; our of an implicit Faith, that what ever the King Commands (though against the expresse Lawes of God and the Realme and Resolutions of both Houses of Parliament) may and ought to be obeyed without contradiction or resistance; as some new Doctors teach: hath induced not onely many poore Ignorant English and Welsh silly soules, but likewise sundry Nobles and Gentlemen of quality, very unworthily to engage themselves in a most unnaturall destructive warre, against the High Court of Parliament, and their * Dearest Native Country, to their eternall infamies, and (which is almost a miracle to consider) to joyne with the Iesuiticall Popish Party now in Armes both in England and Ireland, and some say under the Popes owne Standard ) not onely to subvert their owne Lawes and Liberties, but the very Protestant Religion here established, which they professe they fight for. In this deplorable warre many thousands have beene already destroyed, and the whole Kingdome almost made a desolate wildernesse, or like to be so ere this Spring passe over; and all onely for want of knowledge, in the premises, which would have prevented all those Miseries and Distractions under which we now languish almost to desperation, and death it selfe.

To dissipate these blacke Clouds of Egyptian Darkenesse, spread over all the Land, distilling downe upon it in showres of Blood insteed of Aprill drops of raine, (and I pray God they make not all our May-flowers of a Sanguine dye, ) I have, (after a long sad Contemplation, of my deare Countries bloody Tragedies ) at the speciall Request of some Members of Parliament, (according to my weake Ability, and few Houres vacancy from other distracting Imployments) hastily compiled this undigested ensuing Fragment, with the preceding Branch thereof, and by their Authority, published that in dismembred Parts, which by reason of its difficultie to the Printers, urgencie of present publike affaires now in agitation, I was disabled to put forth (together with the remaining member ) in one intire Body, as I desired. Be pleased therefore kindly to accept that in Fractions, for the present, which time onely must, and (God-willing) speedily shall compleat; which by Gods blessing on it, may prove a likely meanes to comprimise our present Differences; and re-establish our much desired-Peace; together with our Religion, Lawes, Liberties in their Native purity and glory; (the very Crownes, and Garlands of our Peace; ) Peace accompained which Slavery and Popery (both which now menace Us,) being worse then the worst of Warres; and an honourable death in the field fighting against them, better by farre then a disconsolate sordid slavish life, or a wounded oppressed Conscience, (though in a royall Pallace ) under them. From such a disadvantageous, enslaving, ensnaring, unwelcome Peace, Good Lord Deliver Us.

All I shall adde, is but this request; A Charitable Construction, of this meane Service for my Countries Liberty, Tranquility, Felicity: and if thou, or the Republicke reap any benefit thereby, let God onely enjoy thy Prayses, the Author thy Prayers. And because I have walked in an untrodden path, in all the Parts of this Discourse.

— Si quid novisti rectius istis

Candidus imperti; si non, his uteremecum.

THE SOVERAIGNE POWER OF PARLIAMENTS AND KINGDOMES.

HAVING answered in the former part, Object. 2. the Grand Objection against the Parliaments Soveraigne Power, I shall in this proceed to the particular crimes now objected against it. The second grand complaint of his ( a ) Majesty and others, against the Parliament is, That both Houses by a meere Ordinance, not onely without, but against the Kings assent, have unjustly usurped the power of the Militia, a chiefe flower of the Crowne, and in pursuit thereof, not onely appointed Lieutenants, and other Officers, to muster the Trained Bands in each County; but likewise seised the Ports, Forts, Navy, and Ammunition of the King, together with his Revenues; to regaine all which, his Majesty hath beene necessitated to raise an Army, and proceed against them in a Martiall way.

This unhappy difference about the Militia, Answ. being (next to the Introduction of Popery) the spring from whence our uncivill warres have issued, and the full discussion thereof, the most probable meanes to put a speedy period to them: I shall with as much impartiality and perspicuity, as I may, like a faithfull Advocate to my Country, and cordiall indifferent well-wisher both to King and Parliament, truely state and debate this controversie, beginning with the occasions which first set it on foote.

In the late happily composed warres betweene England and Scotland, (occasioned by the Prelates) divers Counties of England were much oppressed by their Lieutenants with illegall Levies of Souldiers, Coat and Conduct money, taking away the Trained Bands Armes against their consents, and the like, for which many complaints were put up against them to this Parliament; many of them roted Delinquents, unfit for such a trust, and all their Commissions resolved to be against Law; so that the Militia of the Realme lay quiteunsetled. ( b ) Not long after, our Northerne Army against the Scots, the pacification being concluded; was by some ill instruments laboured to march up to London, to over awe or dissolve, the Parliament, and quash the Bill against the Bishops sitting in the House: Which plot being discovered, and the chiefe Actors in it flying over-sea ere it tooke effect, made the Parliament jealous and fearefull of great dangers, if the Command of the Forces of the kingdome then vacant, should be continued in ill-affected, or untrusty Officers hands; which distrustes and feares of theirs were much augmented by the suddaine generall Rebellion of the Papists in Ireland, who ( c ) pretended his Majesties and the Queens Commissions for their warrant; by his Majesties unexpected accusation of, and personall comming (with an extraordinary Guard) into the house of Commons to demand the five Members of it, whom he charged with high Treason; by his entertaining of divers Captaines, as a supernumerary Guard at White-hall; and denying a Guard to the House; by the Earle of New-castles attempt to seize upon Hull, and the Magazine there, by command; by the Lord Digbies advice to the King, to retire from the Parliament, to some place of strength; by the reports of foraine Forces prepared for England, through the solicitation of those fugitives, who had a finger in the former plots; and by the Queenes departure into the Netherlands, to raise a party there. Hereupon the Parliament for their owne and the, kingdomes better security (in the midst of so many feares and dangers threatned to them) importuned his Majesty to settle the then unsetled Militia of the kingdome, by a Bill, for a convenient time, and seeing the King himselfe could not personally execute this great trust but by under-officers, by the same Bill, to intrust such persons of quality and sincerity (nominated by both Houses, and approved by the King) as both his Majesty, Parliament, and Kingdome might securely confide in, to exercise the Militia, and keepe the Forts, Magazine, and Ammunition of the kingdome under him onely (as before) till these blacke clouds were dissipated. Which his Majesty refusing to grant in so ample manner as was thought meete for their security; by a Vote of both Houses (when they were full) the Militia was committed to divers Noble Lords and others; many of whom have since laid downe their Commissions, which they at first accepted from the Houses, and instead thereof, beene active instruments in executing the Commission of Array; (issued out by his Majesty, in direct opposition to the Militia ) which the Houses by two severall Declarations have since Voted and manifested, To be against the Law, and Liberty of the Subjects. And to prevent the arrivals of Foraine Forces, and a civill warre in the bowels of the kingdome, they first put the Tower of London, by the Kings consent, into a confiding hand, trusted by either party; then they secured Hull and the Magazine there; after this, when they were informed his Majesty had seised Newcastle, and was raising an Army, they possessed themselves of the Navy, Portsmouth, with other Ports and Forts; and sequestred his Revenues; (the Nerves with which he should support this unnaturall civill warre) which by degrees hath now overspread the whole kingdome, and threatens inevitable desolation to it, if not speedily determined, by an honourable safe accommodation.

This being the true State and progresse of the Militia, the sole question will be; Whether all the former circumstances of danger, and his Majesties refusall to settle the Militia, Ports, c. by an act; in such trusty hands, as both King and Parliament might confide in; the Parliament by an Ordinance of both Houses onely, without the King, refusing to joyne with them, and wilfully absenting himselfe from the Parliament, might not in this case of necessity and extremity, (for their owne, and the kingdomes safety) lawfully settle and seise the premises, for the present, as they have done? and whether this be a just ground for the King to beginne or continue a desperate civill warre against his Subjects? For my part, I shall not undertake to justifie all passages on either side, in the managing of this businesse; it may be there have beene errorsat least in both parties: which to reconcile, as neer as possible, I shall premise such propositions on either hand, as neither can in justice deny.

On the Kings part it is irrefragable:

First, That the Kings of England, (yea generally all Kings where ever) have usually enjoyed the chiefe Ministeriall Ordering of the Militia (in such sort as it hath beene setled by their Parliaments) for the defence of the kingdome by Land and Sea, against Foraine Enemies: A truth acknowledged, not onely by Judge Crooke, and Hutton, in their Arguments against Ship-money, but by the Parliament it selfe in their two Declarations against the Commission of Array; the ( d ) Scripture it selfe in sundry places, together with ( e ) Aristotle, ( f ) Polybius, ( g ) Cicero, ( h ) Jacobus Valdesius, the ( i ) Histories of all Kingdomes attesting, that the originall cause of erecting Kings was, and one principall part of their Royall Office is, to be their Kingdomes Generals in their Warres, and fight their Battailes for them; the Kings of Sparta, and others, yea, the ancient Roman Emperours, being ( k ) nothing but their Generalls to manage their Warres, and oft Elected Emperours by the Roman Legions, for their skill in Martiall affaires.

Secondly, That it is not onely ( l ) expedient, but in some respects necessary, that this chiefe ministeriall command of the Militia, Forts, and Navy, should constantly continue in the Crown; unlesse it be in some speciall cases; as when the King is an Infant, orunable, or unwilling to discharge this trust; or intends to imploy this power against his Subjects to infringe their Liberties, and erect a Tyranny instead of a Royalty over them: And that it is not meete nor honourable to deprive his Majesty of this part of his Soveraignty at this present, but onely to recommend unto him such persons of trust and quality to manage the Militia, Forts, and Navy under him, in these times of warre and danger, in whose fidelity the Parliament and whole kingdome may confide, and so be freed from their just jealousies, feares, and dangers. Thus farre the Houses have already condescended; and upon these indifferent termes (as they conceive them) have oft ( m ) profered to resigne up all the Ports, Forts, Ships, Magazines, and Ammunition they have seised on, into his Majesties hands, they never desiring, nor intending to devest him of this his Soveraigne power over them.

On the Parliaments part, it must necessarily be granted to them by the King:

First, That the whole power which either his Majesty hath or claimes, or his Predecessors enjoyed over the Militia, Forts, Navy, Ammunition, and Revenues of the Crowne; was originally derived and granted to his Ancestors, by the Parliaments and kingdomes free consents, * And that onely upon trust and confidence for their protection, benefit, security, as the premises abundantly evidence.

Secondly, That the King hath no other power over the Militia, to Array, Arme or Muster his Subjects in any case, then onely in such manner as the Parliament by speciall Acts hath prescribed, as Sir Edward Crooke in his Institutes on Magna Charta, f. 528, 529. this Parliament in the two Declarations against the Commission of Array; and Judge Crooke and Hutton in their Arguments against Ship-money, have largely proved.

Thirdly, That in ancient times, in and before Edward the Confessors dayes, and since, the Heretoches (or Lord Lieutenants of every Province and Country) who had the chiefe power of the Militia, and commanded them as their Generalls in the Warres, were elected by the Common Councell of the Kingdome (the Parliament) throughout all Previnces of the Realnic, and in every County ( by the Freeholders ) in a full Folkmote, or County illegible ; as appeares by the expresse words of King Edwards owne Lawes, Rocorded in ( n ) Mr. Lambard; Recited and affirmed by Sir Edward Cooke in his Institutes on Magna Charta, f. 174, 175.

Fourthly, That the Sheriffe of every County (who both * then had, and now hath full power to raise the Militia, and Forces of the County upon any occasion, to apprehend Delinquents, execute Proces of the Law, suppresse Riots, and preserve the peace of the County ) were not elected by the King, but by the Freeholders of each County, as the ( o ) Conservators of the Peace, and all great Officers of trust, then were, and the ( p ) Coroners, Foresters, and other Officers, then and yet are elected by the Free-holders, (as well as ( q ) Knights, Citizens, and Burgesses of Parliament ) even at this very day; This is evident by the expresse words of King Edward the Confessors Lawes, Cap. de Heretochiis (Recorded by Mr. Lambard, Archaion, p. 135. and Sir * Edward Cooke ) attesting; That the Sheriffes of every County were chosen by the Free-holders in the County Court: And by the Articles of deprivation against Richard the second, charging this upon him as an illegall encroachment, * That be put out divers Sheriffes lawfully ELECTED (to wit, by the Freeholders) and put in their illegible divers of his owne Minions, subverting the Law, contrary to his Oath and Honour. ( r ) In the yeare 1261. The Barons, by vertue of an Ordinance of Parliament made at Oxford, in the 45. yeare of Henry the third, admitted and made Slieriffes of divers Counties in England, and named them Guardians and Keepers of these Counties, and discharged them whom the King had before admitted. After which, great tumults and seditions arose throughout the Counties of England about the Sheriffes; for the * King making new Sheriffes in every County, and removing with regall indignation, those to whom the custody of the Counties was committed by the Barons and Commons of the Land; the inhabitants of the Counties animated with the assistance, and ayded with the Counsell of some great men of the Realme, by whom they were instructed; with great sagacity, Novos repulere viriliter Vicecomites, manfully repulsed the new Sheriffes; Neither would they answer, regard, or obey them in any thing. Where at the King being grievously troubled in minde, to gaine the peoples devotion and fidelity, directed his Letters to all the Inhabitants of the severall Counties of England, moving to piety and tending to regaine the Subjects Love. Whereupon, great discord increased botweene the King and his Barons; who comming to London with great Forces, the King finding himselfe too weake, ended the matter for the present with a fained Accommodation, which soone after was infringed by him; and so, Conquievit tandem per internuncios ipsa perturbatio, SUB SPE PACIS reformande, sine strepitu illegible , quorundum Procerum ad boc electorum considerationibus, illegible concorditer illegible . Sicque illegible omnis labor, atque omne studium illegible din, QUORUNDAM ( ut putabatur ) ASTUTIA INTERMIXTA eassature est ad illegible tempus, emarcuit; quiæ semper nocuit differre paratis; writes Matthew Westminster. Notwithstanding these contests, the people still enjoyed the right of electing Sheriffes, which is evident by the Statute of Articuli super illegible in the 28. yeare of King Edward the 1. ch. 8. The Kinggranteth to the people (not by way of grace but of Right) that they shall have election of their Sheriffe IN EVERY SHIRE ( where the Shrevalty is not of Fee. ) IF THEY LIST, And ch. 13. For as much as the King bath granted the election of Sheriffes to the COMMONS of the Shire, the King will, that THEY SHALL CHUSE such Sheriffes, that shall not charge them c. And Sir Edward Cooke in his Commentary on Magns Charts, f. 174, 175. 558. 559. 566. proves at large, the right of electing Sheriffes, to be antiently, of late, (and at this day in many places) in the Freeholders and people, as in London, Yorke, Bristoll, Glocester, Norrvich, in all great Cities which are Counties, in Middlesex. Seeing then the Parliament and Free-holders, in ancient times had a just right to elect their Generals, Captaines, Sheriffes, (who had the sole power of the Militia, and Counties in their hands next under the King himselfe,) and there is no negative Law in being (that I can find) to exclude them from this power; I humbly conceive, that their setling the Militia by an Ordinance of both Houses, and electing of Commanders, Lieutenanes, Captaines in each County to execute it, and defend the Counties from plundering and destruction, without his Majesties consent (especially after his refusall to settle it by an Act) can be no incroachment at all upon his Prerogative Royall, but onely a reviving and exercising of the old undoubted rightfull power enjoyed by their Predecessors, now necessary to be resumed by them (in these times of feare and danger) for the kingdomes safety.

Fifthly, The Mayors, Bayliffes, Sheriffes, chiefe Officers of Cities and Townes corporate throughout the Realme, (who under the King have the principall command of those Cities, Townes, Ports, and in many places of the Militia, and Trained Bands within them;) are alwayes chosen by the Corporations and Freemen, not the King, without any derogation to, or usurpation on his Prerogative. Why then may not those Corporations, (yea each County too by the like reason) and the Parliament, which represents them and the whole Kingdome, without any prejudice or dishonour to his Majesties Authority, by an Ordinance of both Houses of Parliament, without the King, dispose of the Militia, and these Military Officers, for the defence of those Corporations, and the Realme too, now, in times of such apparent danger?

Sixthly, all * Military Affaires of the kingdome heretofore, have usually, even of right, (for their originall determining, counselling, and disposing part) beene Ordered by the Parliament; the executive, or ministeriall part onely, by the King; and so hath beene the use in most other kingdomes: To instance in particulars.

First, the denouncing of warre against forraine enemies, hath been usually concluded and resolved on by the Parliament, before it was proclaimed by the King: as our Records of Parliament, and Histories of warres in the Holy-Land, France, Scotland, Ireland, abundantly evidence. ( f ) King Henry the fifth by the advise of his illegible Lords, Commons in Parliament, and at their encitement, illegible denounced and undertooke his victorious warre against France, to which Crowne he then laid claime, for which illegible they granted him Subsidies: King ( t ) Edward the 1. in the 21. yeare of his reigne; calling a Parliament at London, de Concilio illegible Procerum, c. by the advise of his Prelates, Lords and Parliament, denounced war against the King of France: to recover his right and lands there seised. Which to effect both the Clergy and Laity granted him large Subsidies. In the ( u ) fifth yeare of King Edward the third, the warre against Scotland was concluded and resolved on, in and by the Parliament; all the Nobles and Commons of England telling the King, they would gladly and willingly assist and goe with him in that expedition; which they vigorously prosecuted: Before this, Anno 1227. A peace ( as well as warre ) was concluded with the Scots in and by a Parliament at illegible . ( x ) Anno 1242. King Henry the third summoning a Parliament, and demanding ayd of his Subjects to assist him in his warre against the King of France to recover his rights there, they gave him a resolute answer, that they would grant him no ayde, and that he should make no warre with France till the truce were expired: which Matthew Paris thus further expresseth: The Nobles answered him with great bitternesse of heart; that bee had conceived this warre and voyage into France without their advise: Et talia effrons impudenter postularat, exagitans depauperans fideles suos tam frequenter, trabens exactiones in consequentiam quasi illegible servis ultimæ conditionis, tantam pecuniam toties extorsit inutiliter dispensandam. Contradixerunt illegible Regi in faciem, nolentes amplius sic pecunia sua frustratorie spoliari. The King hereupon put them off till the next day ( Romanorum usus versutis fallaciis ) and then they should heare his minde concerning this and other matters. The next day he calls them one by one into his Privie Chamber, now one, then another, like a Priest calling penitents illegible confession; and thus those whom hee could not altogether overcome, weakned by being every one apart, hee endeavoured more cunningly to enervate with his words; and demanding a pecuniary ayd of them he said; See what this Abbot bath granted me towards my ayd; behold what another bath subscribed, producing a fayned roll, that such and such an Abbot or Peere bad subscribed such a fumme, when in illegible not one of them had consented to it, neither came it into their thoughts. The King therefore with such false copies, and ensnaring words cunningly inveagled many: Notwithstanding most stood out, and would by no meanes recede from the illegible answer, which they had swarne not to recede from under paine of an Anathema. To whom the King answered in anger, Shall I be illegible I have sworne with an inviolable oath, that passing over Sea, I will with a stretched out arme demand my rights of the King of France, which I cannot doe without store of treasure, which must proceed from your liberality, else I can by no meanes doe it. Neither yet with these, or other words could he entrap any, albeit, he called every man single to conferre with. After this, he againe called others which were more familiar with him, and so talking to them said, What a pernitious example give you to others? you who are Earles, Barons, and valiant Souldiers, ought not to tremble as others, to wit, Prelates of the Church doe. You ought to be more illegible to demand the Kings rights, and valiantly to fight against those who wrong me, c. with what face then can you relinquish me poore and desolate now, being your Lord, in such a weighty businesse which concernes the Common-wealth, when I am bound by promises to passe the Seas, which I ratified with an oath? Which when it came to the knowledge of all, they answered:

We admire beyond all that can be spoken, into what bottomlesse pit the inmmerable summes of money are sunke, which thou Lord King hast illegible gained, by divers wardships of great men, by various escheates, frequent extortions, as well from Churches voyd of a Pastor, as from the lands of illegible free granted Donatives, engendring amazament in the hearts of the hearers, all which have never brought so much as the least increase to the kingdome. Moreover all the Nobles of England doe overmuch admire, QUOD SINE EOR VM CONSILIO ET CONSENSV, that without their counsell or consent you have undertaken so difficult and perilous a businesse, giving credit to those who want saith, and contemning the favour of thy naturall Subjects, exposest thy selfe to cases of so doubtfull fortune: thou dishonestly and impudently, not with unjust perill of thy soule, and wounding of thy same breakest the Articles of the truce betweene the King of France and thee, which thou hast sworne upon thy soule indissolubly and unviolably to keepe for three yeares space, c. The King hearing these things, was exceeding angry, sivearing by all the Saints, that he would be revoked by no terrour, nor perswaded by any circumstances of words, to retard his begun purpose, and taking ship on quindena Paschæ, would undauntedly try the fortune of warre in forraine parts. And so the Parliament dissolving in discontent and secret heart-burning on both sides, the Lords and Barons for a perpetuall memory of their heroicke answer returned to the King, set it downe in a notable Remonstrance (too large to transcribe) which you may reade in * Matthew Paris. After this in the yeare 1248. this * King summoned a generall Parliament at London, wherein hee demanded an ayde from his Lords and Commons to recover his right in France; who instead of granting it, informed him very roundly and fully of his unkingly and base oppressions both of his Subjects and strangers, to his owne and the kingdomes dishonour, and of his tyranny and rapines: At which the King being confounded and ashamed in himselfe, promised a serious and speedy reformation; which because they thought to be but feigned, he answered they should shortly see it; whereupon they replyed, they would patiently expect it till 15. dayes after Saint John Baptist, adjourning the House till then. But the King seduced, hardned and much exasperated by his bad Counsellers and Courtiers, giving then a very high displeasing answer to their demands; they all unanimously answered, that they would no more unprofitably impoverish themselves to enrich and strengthen the King and Kingdomes enemies; and that he had precipitately and indiscreetly, and WITHOVT THEIR CONSENT basined into Poictiers and Gascoygne, and engaged himselfe in that warre; whence he returned inglariously with losse of his honour and treasure, to his great reproach. And so this Parliament dissolving with discontent, the King grew very angry with his ill Counsellors, for putting him upon these courses which lost the hearts of his Nobles and people: who to pacifie his anger and supply his wants, advised him to sell all his Plate, Utensils and Jewels to the Londoners, and then to resume and seise them againe as belonging to the Crowne.

( y ) Anno 1256. The same King Henry summoned a Parliament to assist him in his warres in Apulia; but because he had taken upon him that warre WITHOVT HIS BARONS AND PARLIAMENTS CONSENT they and his own brother, Richard Earle of Cornewall, refused to grant or lend him any ayde. And * because all the Barons and Commons were not summoned to this Parliament, as they ought to be, according to the tenor of Magna Charta, they refused to doe any thing, or grant any ayd without the rest of the Peeres were present; and so returned home discontented. After this, ( z ) Anno 1258. this King summoning a Parliament at London, demaunded ayde of them towards his warres in Apulia; to which the Parliament gave this resolute answer, that they cou’d no wayes supply him in this case without their owne undoing: And if be had unadvisedly, and unseemingly gotten from the Pope the Kingdome of Apulia for the use of his sonne Edward, he should impute it to his owne simplicity, and that he had PRESVMED VNCIRCVMSPECTLY WITHOVT THE CONSENT OF HIS NOBLES TO UNDERTAKE THIS WARRE, as a contenmer of deliberation and prudence, which is wont to forecast the end of things; therefore he should bring illegible what issue he best could, and should take example from his brother Richard, who refused the Empire tendred to him, c. In the second yeare of ( a ) King Edward the second, illegible consented to this Act of Parliament, That he would begin no warre without common consent in Parliament, which be then confirmed with an oath. So ( b ) Anno 25. Edward 1. illegible Lords and Commons utterly refused to goe with the King to his warres in Flanders, though they were summoned to doe it; because this warre was proclaymed without their consents and good likings; and they were not bound by their Tenures to got unto it; illegible the King to desist from this warre; and at last caused the King in Parliament to release these services. And ( c ) Anno 1205. The Lords and Commons for this very reason, refused to goe with King John to his warres in France to recover his inheritance there. * In the sixt yeare of King Richard the second, in a Parliament holden at London, it was for many dayes together debated, whether the Bishop of Norwid ( Henry Spenser ) whom the Pope bad made Generall of his forces against the Schismaticks illegible Flanders, giving great indulgenoes to those who should assist him in person or with monies illegible this warre) should undertake that warre or no? and after much opposition of the Captaines illegible the kingdome, alleadging, that it was not safe to commit the people of the King and kingdome to illegible illegible Priest; it was at last resolved in Parliament ( through the constancy and valour illegible the Knights and Commons ) that he should undertake this warre, and goe Generall of the Army. Which office he valiantly managed with good successe; being a better Souldier then illegible And the same yeare in another * Parliament at London; it was decreed BY THE PARLIAMENT, that because the Scots bad broken their faith with the English, faith should be broken with them. ( Frangenti sidem, fides frangatur eidem: ) And illegible a select power should be sent into Scotland out of England, ( to wit, a thousand Lances, illegible 2000. Archers ) to curbe their attempts, under the conduct of the Lord Thomas of illegible which the Scots being informed of, were greatly afraid, and in the end of the Parliament sent humble supplicants to it, to treat with them about a peace or truce, which they desired. But the English having bad such frequent experience of their falshood, would neither treat nor compound with them; but reviling their messengers, commanded them to illegible home, wishing them to defend their beads and rights as well as they could. Who returning, the Northerns Lords undertooke the defence of their Country, untill Thomas of Woodstocke should be prepared to ayd them with greater Forces. Loe here both Generalls, Armies, Warres appointed by the Parliament, and Subsidies likewise granted to supply them; and the making of a peace or truce referred to them, it being agreed in a former Treaty that if any dammage or injury should bee done by eyther Nation one to another, some special Committees should be sent to the Parliament of hoth kingdomes every yeare, who should illegible relate the injuries susteyned, and receive amends according to the dammage suffered, by the judgement of the Lords.

In the Printed Statutes of illegible Ed. 3. Parliament 2. and in our ( d ) Historians too (and I find this preamble, recited almost verbatim, the next Parliament the same yeare, chap. 1.) It is to be remembred, that at the Parliament bolden at Westminster, the munday next after the illegible of the Holy Trinity, in the Reigne of our Soveraigne Lord the King illegible now is, of England the 18. and of France the 5. many things were illegible in full Parliament, which were attempted by the adversary party, against our Soveraigne Lord the King of France, against the Truce late taken in Britaine, betwixt our Soveraigne Lord the King, and him. And how that he enforceth himselfe as much as he may, to destroy our said Soveraign Lord the King, and his Allies, Subjects, Lands and places and the tongue of England. And that was prayed by our said Soveraigne Lord the King of the Prelates, great men and Commons, THAT THEY WOULD GIVE HIM SUCH COUNSELL and AIDE AS SHOULD BE EXPEDIENT IN SO GREAT NECESSITY. And the same Prelates, great men and Commons taking good deliberation and advice, and openly seeing the subversion of the Land of England, and Kings great businesse, which God defend, if hasty remedy be not provided, HAVE COUNSELLED JOYNTLY and SEVERALLY, and prayed with great instance our Soveraigne Lord the King, that he would make him as strong as he might to passe the Sea, in assurance of the ayde of God and his good quarrell, effectually at this time, TO MAKE AN END OF HIS WARRES BY WAY OF PEACE OR ELSE BY FORCE. And that for Letters, words, nor faire promises, he shall not let his passage, till he see the effect of his businesse. And for this cause the said great men do grant, to passe and adventure them with him. And the said Commons doe grant to him for the same cause in a certaine forme, two Quinzimes of the Commonalty, and two Dismes of the Cities and Burroughes, to be levyed in manner as the last Quinzime granted to him, and not in other manner, c. So that the money levyed of the same, be dispended in the businesse shewed to them this Parliament, BY ADVICE OF THE GREAT MEN THERETO ASSIGNED. And that the aydes beyond Trent, BE PUT IN DEFENCE OF THE NORTH. A pregnant Precedent of the Parliaments interest in concluding Warre and Peace, and disposing of the ayde contributed towards warres, to such persons and uses as they deeme meete to confide in. By these, with infinite other precedents, the Statute of 1 Jac. c. 2. and the Act of Pacification and oblivion betweene Scotland and England, made this very Parliament, enacting that no warre shall be levyed or made by any of either Nation against the other without consent of Parliament, under paine of High Treason; It is evident, that the principall right of concluding, denouncing Warre or peace, resides in the Parliament: and that the King without its previous advice and consent, ought not to proclaime any open warre, since the Subjects estates; and persons must support, wage it, and receive most disadvantage by it; a truth not onely implyed but resolved by his Majesties owne royall assent this very Parliament in the Act of Pacification betwixt England and Scotland, Neither is this thing unusuall but common in other Kingdomes, ( e ) Livy, ( f ) Polybius, ( g ) Grimston, ( h ) Plutarch, ( i ) John Bodin expresly affirme and confirme by sundry examples; That in the Roman State, both undertheir Kings and Emperours, the chiefe power of denouncing warre and concluding peace, was in the Senate and people: And if any of their Emperours, Consuls or Generals concluded peace without their consents, it did not binde, but was meerely voyd, unlesse the Senate and people ratified it by a new decree: neither might any warre be decreed, but in the great assembly of the Senate and people together, and by a publike Law. And because Cæsar had, without command of the people, made warre in France, Cato Uticensis delivered his opinion in the Senate, that the Army was to be called home, and Cæsar for his presumption delivered up to the Enemy. So in the States and Kingdomes of the (*) Athenians, Ætolians, Polonia, Sweden, Denmarke and Norway, no Warre was begunne, nor Peace concluded by their Kings but by the authority and preceding decree of their Senates, Parliaments and Diets, as ( k ) Bodin proves at large. The like ( l ) Buchman affirmes of the Kings of Scotland; and we have divine authority concurring with it, Josh. 22. 11, 12, c. Judg. 20. 1. to 48. compared with Prov. 20. 18. c. 24. 6. and Judg. 11.

Secondly, All preparations belonging to warre by illegible and or Sea, have in the grosse and generall, beene usually ordered, limited and setled by the Parliaments: as namely,

First, What proportions and summes of money should be raised for the managing of the warre; in what manner and time it should be levyed; to what hands it should be paid; and how disbursed: which appeares by all the Bills of Subsidies, Tenths, Taxes, Tonnage and Poundage in the Reignes of all our Kings.

( m ) Secondly, How every man should be Mustered, Arrayed, Armed, according to his estate, as is cleare by all our Statutes of Armour, illegible Captaines, Ships, Horses, Warres, reduced under heads by ( n ) Rastall; where you may peruse them: by Justice Crookes and Huttons Arguments against Ship-money; Sir Edward Cookes Institutes on Magna Charta, f. 528, 529. the Parliaments two late Declarations against the Commission of Array: and the Statute of Winchester, 13. E. 1. c. 6.

Thirdly, How farre every man shall March when he is Arrayed, ( o ) when he shall goe out of his owne County with his Armes, when not: who shall serve by Sea, who by Land; how long they shall continue in the Warres; when they shall be at their owne, when at the Kingdomes, when at the Kings costs or wages, and for how long time; as the Marginall Statutes, and next forecited Law Authorities manifest.

Fourthly, When, where, and by whom ( p ) Liveries, Hats, Coates, shall be given in Warres, when not, and what ( q ) Protections or Priviledges those who goe to Warres, or continue in them shall have allowed them.

Fifthly, What ( r ) shares or proportions of Prisoners, Prises, Booties, Captaines and Souldiers should be allowed in the Warres: And at what ( s ) Ports and rates they should be Shipped over Sea.

Sixthly, ( t ) How and by whom the Sea shall be guarded, and what Jurisdiction, Authority, and share of Prises the Admirals of England shall have; When the Sea shall be open; when shut to enemies and strangers; What punishments inflicted for Mariners abuses on the Sea; And what redresse for the Subjects there robbed by enemies or others.

Seventhly, What ( u ) Castles, Forts, Bulwarkes, shall be built or repaired for defence of the Realme, in what places, and by whose charges.

Eightly, What ( x ) punishment shall be inflicted upon Captaines, who abuse their trust, detaine the Souldiers wages, and on Souldiers, who sell their Armes, or desert their colours without speciall License.

Ninthly, What ( y ) provision there shall be made for, and maintenance allowed to Souldiers hurt or maimed in the Warres by Land, and for Mariners by Sea. Tenthly, That ( z ) no ayde, Armour, Horses, Victuals shall be conveyed to the enemies by way of Merchandise, or otherwise during the Warres; that all Scots, and other enemies should be banished the Kingdome and their goods seised whiles the warres continued betweene England and them.

Eleventhly, How ( a ) Frontier Castles and Townes toward illegible and other places of hostility should be well manned and guarded, and no Welchmen, Irish, Scots or alien Enemies should be permitted to stay in England to give intelligence, or suffered to dwell or purchase Houses or Lands within those Townes; and that they shall all be disarmed.

( c ) ( f ) Twelfthly, After what ( b ) manner Purveyances shall be made by the Captaines of Castles, and how they shall take up victuall. In one word, Warres have beene ended, Leagues, Truces made, confirmed, and punishments for breach of them, provisions for preservation of them enacted by the Parliament, as infinite Precedents in the Parliament Rols and * Printed Acts, demonstrate. So that our Parliaments in all * former ages, even in the Reignes of our most Martiall Kings, have had the Soveraigne power of ordering, setling, determining both the beginning, progresse, and conclusion of our Warres, and the chiefe ordering of * all things which concerned the managing of them by Sea and Land; being indeed the great Counsell of Warre, elected by the Kingdome, to direct our Kings; who were and are in truth but the kingdomes chiefe Lord Generalls, (as the ( d ) Roman Emperours, and all Kings of old were their Senates, States and Peoples Generals, to manage their Warres and fight their battailes) the Soveraigne power of making and directing Warre or Peace, being not in the Emperours or Kings themselves, but in their Senates, States and Parliaments, as ( e ) Bodin proves at large. And being but the kingdomes Generals, who must support and maintaine the Warres, there is as great reason that they should direct and over-rule Kings in the Ordering of their Warres and Militia when they see cause, as that they should direct and rule their Lord Generall now, or the King his Generals in both his Armies. During the ( g ) minorities of King Henry the sixth, and Edward the sixth, the Parliament made the Duke of Bedford Regent of France, and the Dukes of Glocester and Sommerset, Lord Protectors of England; committing the trust of the Militia; and Warres to them: And ( i ) 39. H. 6. the Parliament made ( h ) Richard Duke of Yorke, Lord Protector of the Realme, and gave him like power, when the King was of full illegible And in our present times: The King himselfe this very Parliament voluntarily committed the whole care and managing of the Warres in Ireland and the Militia there to this present Parliament; who appointed both the Commanders and alother Officers of the Forces sent hence into Ireland and that without any injury, illegible eclipse, to his Majesties Royall Prorogative. If then the Subjects and Parliament in ancient times, have had the election of their Generals, Captaines, Commanders, Sheriffes, Mayors, and other Officers, having the chiefe ordering of the Militia under the King; if they have constantly Ordered all parts and matters concerning the Warres in all former Kings Reignes; appointed Regents and Protectors, committing to them the Kings owne Royall power over the Militia, during their Minorities; and his Majesty himselfe hath permitted this Parliament to Order the Militia of Ireland, to which they have no such right or Title as to that of England, without any prejudice to his Prerogative; I can see no just exception, why his Majesty should at first, or now deny the Parliament such a power over the Militia, as they desired for a time; or why in point of Honour or Justice, their Bill for setling the Militia in safe under hands, in such persons as both sides may well confide in, should now be rejected, being for the Kings, Kingdomes, and Parliaments peace and security; much lesse, why a bloody intestine Warre should be raised or continued, upon such an unconsiderable point on his Majesties part: who seeing he cannot manage the Militia in proper person in all Counties, but onely by Substitutes; hath farre more cause to accept of such persons of Honour and quality as his Parliament shall nominate (in whom himselfe and his whole Kingdome in these times of Warre and danger may repose confidence) to execute this trust, then any whom his owne judgement alone, or some private Lords or Courtiers shall recommend, in whom the Kingdome and Parliament, in these jealous deceitfull times, dare not confide. The yeelding to the Parliament in this just request, will remove all feares and jealousies, restore our peace, re-gaine his Majesty the reall affections of his disconrented Subjects; the persisting in the contrary course will but adde fuell to our flames, feares, doubts, dangers, and frustrate all hopes, all endevours of Peace.

From the Militia it selfe, I descend to the consequencies of its denyall, the Parliaments seising upon Hull, with other Ports and Forts, the Royall Navy, Ammunition, Armes, Revenues, and detaining them still from his Majesty, the grand difference now pretended, whence the present warre hath emerged; which these ensuing considerations will in a great measure qualifie, if not altogether satisfie.

First, his Majesty and all Royalists must necessarily yeeld, that the Ports, Forts, Navy, Ammunition, Armes, and Revenues thus seised on by the Parliament, though his ( i ) Majesties in point of possession, yet are not his, but the Kingdomes in point of right and interest; they being first transferred to, and placed on his Predecessors and himselfe by the Parliament and Kingdome: not in right of propriety, but ( k ) conditionally upon trust, (his Majesty being but a publike Officer) for the defence and safety of the Realme; and though his Majesty came to them by descent, yet it was but in nature of the Heire of a Feoffee in trust, for the use and service of the kingdome; as a King in his politicke; not as a man or Proprietor in his naturall capacity; as our ( l ) Law Bookes, Terminis terminantibus resolve. Hence it hath been oft adjudged; ( m ) that the King can neither by his will in writing, nor by his Letters Patents, Devise or alien the Lands, Revenues, Jewels, Ships, Forts, or Ammunition of the Crowne (unlesse it be by vertue of some speciall ( n ) Act of Parliament enabling him to doe it by the kingdomes generall consent;) and if any such alienations be made, they are voyd in Law, and may be, yea have beene ( o ) oft resumed, reversed by the Parliament; because they are not the Kings, but kingdomes, in point of interest and propriety: the Kings, but in possession and trust for the kingdomes use and defence. Hence it is, that if the King dye, all his ( p ) Ships, Armes, Ammunition, Jewels, Plate, Debts to the Crowne, Moneyes, Arrerages of Rents or Subsidies, Wards, and Rights of presentments to voyd Churches, goe onely to his Successors, not to his Executors, (as in case of a common person,) because he enjoyes them not as a Proprietor (as other Subjects doe) but as a Trustee onely, for the ( g ) kingdomes benefit and defence; as a ( h ) Bishop, Abbot, Deane, Mayor, or such like Corporations, enjoy their Lands, not in their naturall but politicke capacities, for the use and in the right of their Churches, Houses, Corporations, not their owne. Upon this ground ( i ) King Harold pleaded his Oath and promise of the Crowne of England to William the Conquerour, and ( k ) King Philip, with all the Nobles of France, and our owne Parliament (40 E. 3. rot. Parl. illegible 8.) unanimously resolved, King John his resignation and grant of the Crowne and Kingdome of England, to the Pope, without the Nobles and Parliaments consents, to be a meere nullity, voyd in Law, binding neither King nor Subject; the Crowne and possessions of it, being not the Kings but kingdomes.

And before this, * Anno Dom. 1245. in the great Councell of Lyons, under Pope Innocent, to which King Henry the third, sent foure Earles and Barons, together with the English Prelates, and one Master William Powyke an Advocate, to complaine of the Popes exactions in the Councell, which they did; where they likewise openly protested against the annuall tribute extorted by the Pope, by grant from King John, (whose detestable Charter granting that annuall tribute, was reported to be burnt to ashes in the Popes closet, by a casuall fire during this Councell) as a meere nullity, and that in the behalfe of the whole kingdome of England; EO QUOD DE REGNI ASSENSU NON PROCESSERAT, because the kingdome consented not thereto; and because the King himselfe could make no such Charter to charge the kingdome. Which Matthew Paris thus expresseth. W. De Poweric Anglicanæ Universitatis Procurator assurgens, gravamina Regni Angliæ ex parte universitatis Angliæ, proponeus satis eleganter; conquestus est graviter, quod tempore Belli per curiam Romanam, extortum est tributum injuriose, in quod minquam patres Nobilium regni, velipst consenserunt, nec consentiunt, neque in futurum consentient, unde sibi petunt justitiam exhiberi cum remedie. Ad quod Papa, nec oculos elevans, nec vocem, verbum non respondit.

* Upon this reason( l ) Matthew Paris speaking of King Henry the third his morgaging his kingdome to the Pope, Anno 1251. for such monies as he should expend in the Warres: useth this expression. Rex secus quam deceret, aut expediret, Se, suumque Regnum, sub pæna illegible QUOD TAMEN FACERE NEC POTUIT NEC DEBUIT, Domino illegible obligavit. Hence King Edward the third, having the Title of the King and Crowne of France devolved to him, which made some of the English feare, that they should be put in subjection to the Realme of France, against the Law; the Parliament in the 14. yeare of his Reigne, Stat. 4. passed a speciall Act, declaring; That the Realme of England never was, nor ought to be in subjection, nor in the obeysance of the Kings of France, nor of the Realme of France: and enacting; that the King of England or his Heires, by colour of his or their Titles to the Crowne, Seale, Armes, and Title of the King of France should not in any time to come put the Realme of England, or people of the same, of what estate or condition soever they be, in subjection or obeysance, of him, nor his Heires nor his Successors, as Kings of France, nor be subject, nor obedient, but shall be free and quite of all manner subjection, and obeysance as they were wont to be in the time of his Progenitors, Kings of England for ever. By the Statute of 10 R. 2. c. 1. it is resolved, That the King could not alien the Land, Castles, Ships, Revenues, Jewels, and Goods of the Crowne; and a Commission is thereby granted to inquire of, and resume all such alienations as illegall. Hence the Commons in the Parliament of 16 R. 2. c. 5. of Præmunire, in their Petition to the King, and the whole Parliament in and by that Law, declared; That the Crowne and Kingdome of England, hath beene so free at all times, that it hath been in subjection to no Realm, but immediately subject to God, and to none other; which (by the prosecution of suites in the Court of Rome for Benefices, provided against by this Act) should in all things touching the Regality thereof, be submitted to the Bishop of Rome, and the Lawes and Statutes of the Realme be by him defeated and frustrated at his will, to the destruction of the King, his Soveraignty, Crowne and Regality, and of all his Realme; in defence whereof in all points, they would live and dye.

Hence the Kings of England have alwayes setled, entailed, and disposed of the succession and Revenues of the Crowne by speciall Acts of Parliament, and consent of the whole Realme, because the whole kingdome hath an interest therein, without whose concurring assent in Parliament, they had no power to dispose thereof: as the Statutes of 21 R. 2. c. 9. 7 H. 4. c. 2. 25 H. 8. c. 22. 26 H. 8. c. 13. 28 H. 8. c. 7. 35 H. 8. c. 1. 1. Mar. c. 1. and Parl. 2. c. illegible 1 Eliz. c. 3. 13 Eliz. c. 1. 1 Jac. c. 1. Hals Chron. f. 10. 15. 1 H. 4. Speeds Hist. p. 763. 928. to 932. Daniels hist. p. 122. 138, 139, abundantly manifest, and Cooke l. 8. the Princes case.

Hence in the Parliament Roll of 1 H. 6. Num. 18. The last Will and Testament of deceased Henry the fifth, and the Legacies therein bequeathed of 40000. Markes in Goods, Chattels, Jewels, Moneyes for payment of the Kings debts, are ratisied by the Lords, Commons, and Protectors concurring assents by an Act of Parliament, as being otherwise invalid to binde the King or Kingdome. And Num. 40. Queene Katherines Dower of 40000. Scutes per Annum, concluded on by Articles upon her Marriage, and by a Parliament held the second of May in the 9. yeare of King Henry the fifth, well approved, authorized and accepted, which Articles that King then swore unto, and the three Estates of the Realme of England, to wit, the Prelates, Nobles, and Commons of England, in that Parliament, and every one of them, for them, their Heires and Successors, promised well and truly to observe and fulfill for ever, as much as to them and every of them appertained: Was after her Husbands death, upon her petition, by a speciall Patent made by this Infant King her Son, WITH THE ASSENT OF THE LORDS SPIRITUALL AND TEMPORALL, AND COMMONS OF ENGLAND, IN THAT PRESENT PARLIAMENT ASSEMBLED, Assigned, setled, and confirmed, out of the Crowne Lands therein specified: else it had not beene binding to the Successor King or Realme: the Crowne Lands being the Kings but onely in the kingdomes right; whence all our Queenes Dowers and Joyntures have usually beene setled and confirmed in and by Parliaments, (whereas any other man may illegible or make his Wife a good Joynture, without the Parliaments assent or privity;) And in * 2 E. 3. the Queene Dowagers great Joynture (which tooke up three parts of the Kings Revenues) by common illegible in a Parliament, held at Nottingham, was all taken from her, (because not duely setled by Parliament, and too excessive, to the Kings and kingdomes prejudice) and she put to a pension of 1000. illegible per annum, during her life.

And by the Statute of 1 H. 6. c. 5. it is expressely resolved, That King Henry the fifth could not alien or pledge the ancient Jewels or Goods of the Crowne, to maintaine his Warres, without a speciall Act of Parliament; and if he did, those to whom he pawned or sold them, were still accomptable to the Crowne for them, and the alienation voyd; whence, the carrying of the Jewels, Treasure, and Plate of the kingdome over Sea into Ireland without assent of the Nobility and Parliament, was one of the ( m ) Articles objected against Richard the second in Parliament, when he was deposed; the Jewels and Crowne Lands being not the Kings in right of property and interest, but the kingdomes onely; and so all alienations of them without the Parliaments consent voyd, and usually ( n ) resumed by the Parliament; witnesse the notable Act of Resumption in 8 H. 6. and 31 H. 6. c. 7. of all the Kings grants of any Honours, Castles, Townes, Villages, Manors, Lands, Rents, Reversions, Annuities, c. from the first yeare of his Reigne till then, with divers other precedents in the Margin, in King Stevens, Richard the first, and Henry the 2 3. their Reignes.

These resolutions of our Common and Statute Law, are seconded by many forraigne Civilians, as Baldus in Proem. de Feud, n. 32. 33. Aretine in Rubric. Lucas de Penna. Cod. de omni agro deserte. l. Quicunque f. 184, 185. Albericus de Rosate: Quodcunque. præscrip. bene a Zenone. n. 4. f. 3. 1. 4. Boetius Epan. Hæroic. quest. qu. 3. n. 43. qu. 5. n. 19. 27. 34. Didacus Cavaruvius, Practic. qu. c. 4. n. 1. Martinus Laudensis, de Confæd, Tract. 1. qu. 13. illegible Andreas, in cap. dilect. de Maior. Obed. Franciscus Vargas de Author. Pontif. Axiom. 1. n. 2. Concilium Toletanum 8. Surius Concil. Tom. 2. p. 865, 866. with sundry others (many of whose words you may reade in Doctor Crakenthorps defence of Constantine, p. 169. to 175.) who affirme; That the Emperour or any other King cannot give away any Townes or Territories belonging to their Empire or Kingdomes, contrary to their Oathes and Trusts, they being the Kingdomes not theirs in right. Whence they conclude, Constantines pretended Donation of Rome, and Italy to the Pope, a meere Nullity. It is true, ( o ) our Law-books say; That the King cannot be seised of lands to any private Subjects use, by way of feofment, because it stands not with his honour to be any private man feoffee; because no Subpena lieth to force him to execute it, he is a Corporation: yet he may have the possession of lands in others right, and for their uses (as of ( p ) Wards, Ideots, Lunaticks, Bishops during the vacation, and the like) and if healien these Lands in see to their prejudice, the ( q ) grant is voyd in Law, and shall be repealed, as hath beene frequently judged; because he possesseth these lands not in his owne, but others rights. So the King hath his Crowne Lands, revenues, Forts, Ships, Ammunition, Wards, Escheates, not in his owne but the kingdomes right, ( r ) for its defence and benefit; and though he cannot stand seised to a private mans use, yet he may and doth stand seised of the premises to his whole kingdomes use, to whom he is but a publike servant, not onely in Law but Divinity too, 1 Sam. 8. 20. 2 Sam. 5. 12. Isa. 49. 23. Psal. 78. 72, 73, 74. Rom. 13. 4. 1 Pet. 2. 13. 14. 2 Chron. 9. 8.

Secondly, All the Ships, Ammunition, Armes the Parliament hath seised, were purchased not with the Kings, but Kingdomes monies, for the defence and service of the Kingdome, as the Subsidy Bils and ( s ) Acts for Tunnage and Poundage, the Kings owne ( t ) Declaration, and ( u ) Writs for Shipmony attest. If then the representative Body of the kingdome, to prevent the arrivall of forraine Forces, and that civill warre they then foresaw was like to ensue (and hath experimentally since fallen out even beyond their feares, and overspread the whole kingdome, to which it threatens ruine;) hath seised, sequestred the kingdomes Ports, Forts, Navy, Ammunition into trusty hands for the Kings and Kingdomes use, to no other end, but that they should not be imployed against the King and Parliament by his Majesties Malignant Counsellors, and outragious plundering Cavaliers, what indifferent illegible can justly tax them for it? ( x ) Queene Elizabeth ( and the ( y ) State of England heretofore ) during the Warres with Spaine, inhibited the Haunse townes and other for illegible Merchants (over whom she had no jurisdiction) to transport any materials for Warre through the narrow Seas to Spaine (though their usuall Merchandize to those parts, and the Sea, as they ( z ) alleadged, was free, for feare they should be turned against our Kingdome, and after notice given, made them prise ) for any of her Subjects to seise on. And it is the common policy this day, and anciently of all States whatsoever, to seise on all provisions of Warre, that are passing by way of Merchandize onely towards their enemies, though they have no right or propertie in them ( and to grant letters of Mart to seise them, as we have ( a ) usually done ) which they plead they may justly doe, by the Law of Nature, of Nations, to prevent their owne destruction. Much more then may the Houses of Parliament, after the illegible eruption of that horrid Popish rebellion in Ireland, and the feares of a like illegible warre from the Malignant Popish Prelaticall party in England, expecting Forces supplies of mony and ammunition from foraine parts, seise upon Hull, other Ports, the Navy and Ammunition (the Kingdomes proper goods, provided onely for its defence in such times as these) when his Majesty refused to put them into such hands as the kingdome and they might justly confide in, and the contrary Malignant faction plotted to get possession of them to ruine Lawes, Liberties, Religion, Parliament, Kingdome: And what mischiefe thinke you would these have long since done to Parliament and Subjects, had they first gotten them, who have already wrought so much mischiefe without them, by the Kings owne encouragement and command? Doubtlesse the Parliament being the supreame power, now specially met together and intrusted by the Subjects, to provide for the kingdomes safety, had forfeited not onely their discretion, but trust, and betrayed both themselves, their priviledges, the Subjects Liberties, Religion, Countrey, Kingdome; and not onely their friends, but enemies would have taxed them of infidelity, simplicity (that I say not desperate folly) had they not seised what they did, in the season when they did it? which though some at first, imputed onely to their over-much jealousie, yet time hath since sufficiently discovered, that it was onely upon substantiall reasons of true Christian Policy. Had the Cavaliers and Papists (now in armes) gotten first possession of them, in all probability wee had lost our Liberties, Lawes, Religion, Parliament long ere this: and those very persons (as wise men conceive) were designed to take possession of them at first (had they not beene prevented) without resistance, whom his Majesty now imployes to regaine them by open warres and violence. It is knowne to all, that his Majesty had no actuall personall possession of Hull, nor any extraordinary officer for him there, before Sir illegible Hotham seised it, but onely the Maior of the Towne, elected by the Townesmen, illegible nominated by the King; neither did Sir John enter it, by order from the Houses, till the King had first commanded the Major and Townesmen (whom he had constantly intrusted before) to deliver Hull up to the Earle of Newcastle, now Generally the Popish Northerne Army; The first breach then of trust, and cause of jealousie proceeding from the King himselfe in a very unhappy season; where the quarrell first began, and who is most blame-worthy, let all men judge. If I commit my sword in trust to anothers custody for my owne defence, and then feare or see that hee or some others will murther me with my owne weapon, it is neither injury nor disloyaltie in me for my owne preservation, to seise my owne Sword till the danger be past; it is madnesse or folly not to doe it, there being many ancient and late examples for to warrant it; I shall instance in some few. By the ( b ) Common Law of the Land, whiles Abbies and Priories remained, when we had any Warres with foraine Nations, it was lawfull and usuall to seise all the Lands, goods, possessions of Abbots, of Priors aliens of those Countries, during the warres ( though they possessed them onely in right of their Houses ) lest they should contribute any ayd, intelligence, assistance to our enemies. Yea it anciently hath beene, and now is the common custome of our owne and other kingdomes, as soone as any breaches and warres begin, after Proclamation made, to seise and confiscate all the Ships, goods, and estates of those countries and kingdomes with whom they begin warre, as are found within their dominions for the present, or shall arrive there afterwards, lest the enemies should be ayded by them in the Warres, (preventing Physicke being as lawfull, as usefull in politique as naturall bodies;) which act is warranted by ( c ) Magna Charta, with sundry other Statutes quoted in the Margin. And though these seisures were made by the King, in his name onely, yet it was by authority of Acts of Parliament, as the publike Minister of the Realme, for the kingdomes securitie, and benefit rather then his owne. But to come to more punctuall precedents warranted by the supreme Law of Salus Populi, the onely reason of the former.

* ( d ) Anno. Doni. 1214. upon the confirmation of the Great Charter and of the Forest by King Johs, it was agreed, granted and enacted in that Parliamentary assembly at Running-meade, that the 25. Barons then elected for the conservators of those Liberties and Charters, with the Commous of the Land, might distraine and enforce the King ( if be violated those Charters, and made no redresse thereof within 40. dayes space after notice ) by seising upon his CASTLES, lands, possessions, and other goods, till amends should be made according to their arbitration. And for more certainety, the foure Chatelaines (or chiefe Captaines) of the Castles of Northampton, Kenelworth, Nottingham, and Scarborough, should be sworne to obey the commandment of the 25. Barons, or the major part of them in WHATSOEVER THEY THOUGHT GOOD CONCERNING THESE CASTLES. Wherein NONE SHOULD BE PLACED BUT SUCH AS WOULD BE FAITHFULL and OBSERVE THEIR OATH. And upon this accord, Rochester Castle and others, whose custody, of antient right belonged to the Archbishop of Canterbury, with other Castles appertaining to the Barons, were restored to them by the King; who breaking all his vowes Charters immediatly after, (through the Barons and peoples supine negligence, overmuch confiding to the Kings Oath and confirmations, and fond conceite of holding that by peace which they had recovered by violence from a perfidious King,) in halfe a yeares space recovers all the Castles againe even to the Borders of Scotland by meanes of foraine Forces, and a malignant, despicable, domemesticke party, (hee having scarce seven Knights faithfull to him, being generally forsaken of all) and made himselfe absolute Master of all England, except the Citie of London, the Suburbs whereof hee burned and sacked, and so tyrannised over his Subjects with fire, and Sword, pillaging them every where. * Vastando omnes domos, ædificia Baromem divisis agminibus succendebat, spolia cum animalibus rapiebat; illegible derapina iniquitatis ministros quos habebat nequissimos saginabat, c. sufficiebat ad causam mortis simplicibus incolis, si aliquid habere credebantur, qui nibil habebant, fateri habere cogebantur; qui non habebat, habere ut persolveret, pænis exquisitis disiringebatur. Discurrebant ficarii cæde humana cruentati, uoctivagi, incendiarii, filii Belial sirictis ensibus, ut delerent a facie terræ, ab homine usque ad pecus, omnia bumanis usibus necessaria, eductisque cultellis villas, domos, cæmiteria, ecclesios perlustrabant, omnes spoliabant, ita quidem us nec muliebri sexui, nec parvulorum vel decrepitorum parcerent ætati. Et quod consumere non valebant, illegible tradebant, vel dispergentes inutile bumanis usibus reddebant. Et quos nulla nota premebant, INIMICOS REGIS VOCANTES ( si inimici sui appellandi sunt, qui cum ad mansuetudinem justitiam mansuetam introducere voluerunt ) ubicunque reperiebantur, raptim illegible in carcerem pæuasem, vinculis mancipati, tandem ad gravissimam coacti redẽmptionem, c. (A true Character of our times, and plundering barbarous Cavaliers:) which so farre exasperated the Barons and people, that they elected another King. But the end for which I cite this precedent is, to manifest, that the Lords and Commons in that age, did not thinke the Kings owne Charter, Promise, Protestations, Oathes, Proclamations, the Bishops and Popes solemne excommunications, and those 25. new Conservators, a sufficient securitie to preserve their Lawes and Liberties against the invasions of an, unconstant, wilfull fœdifragous King, unlesse they had the Power and Command of his chiefe Castles and the Militia added to them; which wee see through overmuch securitie, and want of vigilancy, were all too little to preserve their Liberties against an unconstant oppressing Prince, whose oaths and protestations were but like ( e ) Sampsons cords, broken all to peeces like a thread in a moment, by those who had Sampsons strength. King Henry the third was no whit inferiour to his father John, in unconstancy, and perfidiousnesse to his Subjects, with whom when he had oft broken his faith and solemne oathes, the ( f ) Lords and Barons (having no other meanes of securitie, left to preserve their Lawes, Liberties, kingdome from vassallage and destruction, or to enforce the King to keepe those ordinances which hee had made and sworne to observe in a Parliament at Oxford but few yeares before; all which he laboured to rescinde, having procured a dispensation of his Oath from the Pope to colour his perjury;) in the yeare 1260. appointed new Sheriffes and Gardians of Shires, discharging such as the King had before admitted, and raysing a strong power in the Marches of Wales, sent a Letter to the King under the Seale of Sir Roger Clifford, beseeching him to have in remembrance the Oath and promises hee had made, for the observing of the Statutes enacted at Oxford, with other Ordinances made to the honour of God, for faith and allegiance to his person, and for the illegible and profit of his Realme; willing him further to withstand and defie all such persons, as will be against the suid acts, saving the Queene and her children. After which letter sent, and no answer to it received; the Barons with banners displayed, went against such Malignants as they knew held against those Acts. And firstat Hereford, they tooke the Bishop and all his Chanons who were aliens borne, taking away their money and cattle, and plundering their houses and manors. And marching towards London, much people fiocking to them, in their passage, ever as they found any that they knew to be against the maintenance of the said Acts, they imprisoned them and spoyled their houses, were they spirituall or temporall men: furnished the especiall Fortresses of the kingdome with Gardians of their owne, and in DIVERS OF THE KINGS CASTLES THEY SET IN SUCH MEN AS THEY LIKED, and PUT OUT SUCH AS THE KING HAD PLACED THERE BEFORE; and gave them an Oath, that they would be true and faithfull to the King, and keepe those Castles TO HIS USE, and TO THE WEALE OF THE REALME. And when William de Valens denied with oathes to render up any Castle which was given him, by the King (his brother) to keepe; the Earle of Leycester and the rest of the Barons answered; they would either have his Castles or his head: which so terrified the Poictovines, that they left Oxford and their Castles to the Barons, and fled into France. Which ( g ) Castles when the King and Lords were accorded, together with the Castles of Dover ( Nec Regi ablatum nec vetitum sed tanquam clavis totius Regni, custodis esset diligentiori a Baronibus deputatum ) and the Castle of Rochester and others were readily delivered up by the Barons to the King, qui ubique liberum invenit introitum, exitum juxta vota; tunc primo Rex sensit se falsis deceptionibus circumventum, Baronum suorum fidelitate, ubique licet ignoranter suffultum; and then the King first found he was circumvented with false reports of the Barons disloyalty, who so willingly restored his Castles to him, when those stormes were blowne over; though he made but ill use of it, took occasion thence openly to recede from his Oath; whereupon they rescised these Castles for their safety. About Midsommer the Barons drawing neare to London, sent a Letter to the Mayor and Aldermen requiring to know of them, Whether they would observe and maintaine the Statutes made at Oxford; or not? or aide and assist such persons as intended the breach of the same? and sent unto them a Copy of the said Acts; with a proviso, that if there were any of them, that should seeme to be hurtfull to the Realme or Commonweale of the same, that they then by discreet persons of the land should be altered and amended: Which Copy the Mayor bare unto the King then at the Tower of London with the Queene and other great persons. Then the King intending to know the minde of the City, asked the Mayor, What be thought of those Acts? who illegible with that question, besought the King, That he might commune with his Brethren the Aldermen, and then he would declare unto him both his and their opinions. But the King said, He would heare his advice without more Counsell. Then the Mayor boldly said, That before times, he with his Brethren and commonalty of the City, by his commandement were sworne to maintaine all Acts made to the honour of God, to the faith of the King, and profit of the Realme; which Oath by his license and most gracious favour they intended to observe and keepe. And moreover, to avoid all occasions that might grow of grudge and variance betweene his Grace and the Barons in the City, they would avoyd all aliens and strangers out of it (as they soone after did) if his Grace were so contented. With which Answer the King seemed to bee pleased, so that the Mayor with his favour departed, and he and the Citizens sent answer to the Barons, that they condescended to those acts, binding themselves thereunto under the publike Seale of London, their Liberties alwayes upholded and saved. Then the Barons entred the City, and shortly after the King with his Queene and other of his Counsaile, returned to Westminster.

* illegible 1264. (the 48. of Henry the third) the King made his peace with the Barons then in Armes, upon these termes: That ALL THE CASTLES OF THE KING, throughout England, should be delivered TO THE KEEPING OF THE BARONS: the Provisions of Oxford be inviolably observed; and all Strangers by a certaine time avoyded the kingdome, except such as by a generall consent, should be held faithfull and profitable for the same: Whereupon the Barons tooke possession of most of the Castles by agreement, or violence where they found resistance, as they did in many places. And by the CONSENT of THE KING and BARONS, Sir Hugh le Spenser was made Chiese Justice and keeper of the Tower. This done at London; the Barons departed to Windsor to see the guiding of that Castle, where they put out those aliens, whom Sir Edward the Kings Sonne had before put in, and put other Officers in their places; spoyling them of such goods as they had. Who complaining thereof to the King, he put them off for that season. After which they re-seised Dover Castle, and made Richard de Gray, a valiant and faithfull man, Constable of it; who searching all passengers that came thither, very strictly, found great store of Treasure, which was to be secretly conveyed to the Poictovines, which he seised, and it was imployed by the Barons appointment, upon the profitable uses of the Realme. The yeare following, the Commons of London chose Thomas Fitz-Thomas for their Mayor, and without consent of the Aldermen, sware him at the Guild-hall, without presenting him the next day to the King or Barons of the Exchequer. For which the King was grievously discontented; and being advertised that the Citizens tooke part with the Barons, caused his Sonne Edward to take the Castle of Winsor by a traine; to which the King and Lords of his party repaired. And the other Lords and Knights with great Forces drew towards London; but by mediation of friends, there was a peace concluded, and the differences were referred to the French King to end. Who giving expresse sentence that all the Acts of Oxenford, should from thenceforth be utterly forborne and annulled:

The Barons discontented with this partiall sentence, departed into the Marches of Wales; where raising Forces, they seised on many Townes and Castles of the Kings, and Prince Edward going against them, was sore distressed and almost taken. Hereupon to end these differences, a new Parliament was appointed at Oxford; which tooke no effect, Because when the King had yeelded the Statutes of Oxford should stand, the Queene was utterly against it; illegible whose opposition in this point being knowne to the Londoners, the baser sort of people were so enraged, that she being to shoot the Bridge from the Tower, towards Winsor, they with darts, stones, and villanous words, forced her to returne. After which, the Lords sending a Letter to the King, to beseech him not to beleeve the ill reports of some evill Counsellors about him, touching their loyalty and honest intentions; were answered with two Letters of defiance. Upon which ensued the bloody battle of Lewis in Sussex, in which the King and his Sonne, with 25. Barons and Baronets, were taken prisoners, twenty thousand of the Commons slaine. Richard King of Romans, the Kings Brother was likewise taken prisoner in this Battle, ( h ) who a little before comming over into England with some Forces to ayde his Brother, the Barons hearing thereof caused all the Ships and Gallies of the Cinqueports and other places to meet together armed to resist him by Sea, and sent horse and foot to withstand him by Land if he arrived: Which Richard having intelligence of, disbanded: his Forces; and sent word to the Barons, that he would take an Oath to observe the Articles and Statutes made at Oxenford: whereupon he was permitted to land at Dover with a small Traine, whither King Henry went to meet him. But the Barons would not suffer this King, nor any of his Traine to enter into Dover Castle, because he had not taken his Oath to observe the foresaid Statutes; nor yet the King of England to goe into it (for feare of surprisall) because it was the principall Bulwarke of England; (the Barons then having both it and all the Cinqueports in their Custody to secure the kingdome from danger) Neither would they permit King Richard to goe on towards London, till he had taken the Oath * forementioned. After this battle all the prisoners were sent to severall prisons, except the two Kings and Prince Edward, whom the Barons brought with them to London; where a new Grant was made by the King, that the said Statutes should stand in strength: and if any were thought unreasonable, they to be amended by foure Noblemen of the Realme: and if they could not agree, then the Earle of Angiou, and Duke of Burgoin to be Judges of the matter: And this to be firmely holden and obeyed by both the Kings; who granted that both their Sonnes and Heires should remaine as Prisoners, and Hostages with the Barons, till all things were finished according to this agreement. Upon which a Peace was proclaimed in London betweene the King and his Barons. Then it was agreed by the King, that for his more surety and the weale of the Land, the Earle of Leycester should be resient in his Court; Upon which agreement, many of the Prisoners were set at large. In the meane while, before the battaile of Lewis, the Queene and King of Romans, had sent over-sea for Souldiers, to ayde the King against the Barons, which now were come in great number unto Dover, and there hovered on the Sea to have landed. Whereof the Barons hearing, they sent the King of Romans as Prisoner to Barkhamsted, untill the said Almaines were returned, and caused King Henry with a great power to ride to Dover, and force the said Host of strangers to returne unto their Countries. After which by the counsell of the Lords, a Parliament was agreed and held at Westminster, wherein a generall Pardon was granted to all the Lords and their adherents, for any matter of displeasure done to the King or his Sonne. Prince Edward before that day; which to uphold, the King and he tooke a solemne Oath before the Lords; and it was further agreed, That the Prince should reside in the Kings Court, and not depart thence without license of the King and of certaine Barons. Then were many instruments and bonds made by the King and Prince, for the performance of sundry Covenants betweene the King and Barons; which shortly after tooke small effect, and begat new warres; this Kings fresh breaches of Oathes, and promises, procuring him alwayes new insurrections and forced Parliaments, which the Barons constrained him to call and hold, against his will. How the Lords and Parliament oft seised upon the Castles, Forts, Ammunition in King Edward the second, and Richard the seconds Reignes, when differences grew betweene them, I have already in part remembred, and you may read the residue in the Histories of their lives. In ( i ) the 33. yeare of King Henry the sixth his Reigne, the valiant Earle of Warwicke, was made Captaine of Calice by the Parliament; a place of great honour and trust in those dayes; by vertue whereof, all the warlike affaires and businesse, rested principally in the Earle of Warwicke: After which the Queene (an ambitious stirring woman) to breake the peace newly made and ratified by oath, betweene the King, Lords, and Duke of Yorke, (created Lord Protector by the Parliament) caused a fray to be made on the Earles men, which produced a warre and bloody battle, wherein the Earle gained the field.

Whereupon the King displeased with the Earle, by his Letters Patents, granted the Captainship of Caleyes to John Duke of Summerset; who going over to Caleyes, in the 38. yeare of King Henry, to take possession of his place; shewed his Patent to the Earle, who refused to resigne his place, answering, that he was put into it by the Parliament, and so could not be outed of it but by Parliament; and kept the Duke forth of the Towne; who being thus expelled from his office, after some skirmishes with the Earles Garrison, (wherein the Duke had the worst) hee sent over to the King and Queene for ayde, in defence of this quarrell; whereupon they provided 400. warlike persons to passe the Seas for his ayde, and ships to transport them: who lying at Sandwich for a winde; the Earle of Warwicke being therewith acquainted, sent John Dingham a valiant Esquire, with a small number of men, but a multitude of couragious hearts to Sandwich; who suddainly entred the same, tooke the Lord Rivers and his Sonne (who commanded those Souldiers) in their beds, pillaged some houses and ships, and besides this, tooke the principall ships of the Kings Navy then lying at the Port well furnished with ordnance and artillery (through the favour of the Mariners, who favoured the Earle most) and brought the royall ships loaden with booty and prisoners to Caleyes; With these ships the Earle after passed to the Duke of Yorke into Ireland, and afterwards into England, where the Duke of Yorke in full Parliament laid claime to the Crowne, which his Sonne after obtained, deposing King Henry, as having no lawfull Title thereunto. I recite not this Story to justifie all particulars of it, but onely to prove, That the Parliament in those times, had the conferring of Captaines places of greatest trust, who had the command of the Militia; and that, as this Earle in policy onely, for his owne safety, seised on the Kings royall ships, and Ammunition, in which he had no right; so by the same reason, the Parliament may dispose of such places of Military trust in these times of danger, and of the Navy and Ammunition of the kingdome, in which they have a reall interest, for the kingdomes safety and their owne. ( k ) A Sheriffe, Justice, Constable, and other Officers, by the Common and Statute Law of the Land, may and ought to disarme and seise any mans weapons whatsoever, and imprison his person for a time, when by act, or apparent intention onely, he shall but disturbe the peace, or make any Fray, Rout, or Riot, to the annoyance of the people, till the tumult and danger be past, and the peace secured. Much more then may the highest Soveraigne Court of Parliament, seise the Forts, Armes, Navy, Ammunition of the Realme, (in which they have reall interest) and secure them for a season, to preserve the whole kingdomes Peace, and prevent a civill Warre, without any injury to his Majesty, till all feares of warre and danger be removed. Not to trouble you long with forraine histories of this Nature; in the Roman state the ( l ) chiefe power of making warre or peace, of ordering of the Militia and disposing of the custody of Castles, Forts, Ammunition was in the Senate and people, not the King or Emperour; as it is in Germany, and most forraine States and kingdomes, at this day; without any diminution to those Kings and Princes just prerogatives. It is the determination of the prime Politician ( m ) Aristotle (seconded by ( n ) John Mariana and others) that in lawfull kingdoms the chiefe strength power of the Militia ought to reside in the kingdomes bands; not Kings, who ought to have onely such a moderate power and guard of men, as may suffice to suppresse riots, and maintaine the Authority of the Lawes; but not so great a force as may master all his kingdome, * lest he become a tyrant, and his Subjects slaves.

In the kingdome of Arragon in Spaine (as I read in * Hieronymus Blanca ) this is a fundamentall antient Law, (made about the yeare of Christ 842. by their illegible Forum, how commonly stiled, Justitia Arrogoniæ during the Interregnum; to preserve their Countries Liberties, to keepe their Kings power within due bounds of royaltie, prevent a tyranny, with divers others of this nature, which their Kings solemnly sweare to observe, before they are crowned) the words of which law are these, The King shall take heed that he neither undertake warre, nor conclude peace, nor make truce, nor handle anything of great moment, but by the advise and consent of the Elders: to wit, the Iustitia Arragoniæ, the standing Parliament of that kingdome, which hath power over and above the King. And at this day (as the same * Author writes) their Rici-bomines, (or selected Peeres appointed by that kingdome, not the King) have all the charges and offices both of warre and peace lying on their neckes, and the command of the Militia of the kingdome; which they have power by their Lawes to raise, even against their King himselfe, in case be invade their Lawes or Liberties; as he there manifests at large. So in * Hungary, the great Palatine of Hungary, the greatest officer of that kingdome, and the Kings Lieutenant Generall, who commands the Militia of that Realme, is chosen by the Parliament and Estates of that country, not the King. It was provided by the Lawes of the * Ætolians, that nothing should be entreated of CONCERNING PEACE OR WARRE, but in their Panætolid, or great generall Councell of state: in which all Ambassadors were heard and answered; as they were likewise in the Roman Senate. And * Charles the fifth of France, having a purpose to drive all the Englishmen out of France and Aquitain, assembled a generall assembly of the estates in a Parliament at Paris, by their advise and wisedome to amend what by himselfe had not beene wisely done or considered of, and so undertooke that warre with the counsell and good liking of the Nobilitie and people whose helpe he was to use therein: which warre being in and by that Councell decreed, prospered in his band; and tooke good successe as Bodin notes; because nothing giveth greater credit and authority to any publike undertakings of a Prince and people in any State or Commonweale, then to have them passe and ratified by publike advise and consent.

Yea the great Constable of France, who hath the government of the Kings Sword, the Army, and Militia of France, was anciently * chosen by the great Councell of the three Estates Parliament if that kingdome; as is manifest by their election of Arthur Duke of Britaine to that office, Anno 1324. before which, Anno 1253. they elected the * Earle of Leycester a valiant Souldier and experienced wise man, to be the grand Seneschall of France, ad consulendum regno desolato, multum desperato, quia Strenuus suit fidelis; which office he refused, lest he should seeme a Traytour to Henry the third of England, under whom he had beene governour of Gascoigne, which place he gave over for want of pay. In briefe, the late examples of the ( o ) Protestant Princes in Germany, France, Bohemia, the Low countries, and of our brethren in Scotland within foure yeares last; who seised all the Kings Forts, Ports, Armes, Ammunition, Revenues in Scotland, and some Townes in England to preserve their Lawes, Liberties, Religion, Estates, and Country from destruction, by common consent, (without any Ordinance of both Houses in their Parliament) will both excuse, and justifie all the Acts of this nature, done by expresse Ordinances of this Parliament; which being the Soveraigne highest power in the Realme, intrusted with the kingdomes safety; may put the Ports, Forts, Navy, Ammunition (which the King himselfe cannot manage in person, but by substitutes) into such under illegible hands, as shall both preserve and rightly imploy them for the King and kingdomes safety, and elect the Commanders of the Militia according to the expresse letter of King Edward the Confessors Laws (which our King at their Coronations were still sworne to maintaine) wherewith I shall in a manner conclude, the Legall part of the Subjects right to elect the Commanders of the Militia, both by Sea and Land. * Erant aliæ potestates dignitates per provincias patrias universas per singulos Comitatus totius regni constitutæ, qui Heretochii apud Anglo: vocabantur; Scilicet, Barones, Nobiles, insignes, sapientes sideles, animosi; Latin vero dicebantur Ductores exercitus; apud Gallos, Capitales Constabularii, vel Maraschalli Exercitus. Illi vero ordinabant acies densissimas in præliis, illegible constituebant, illegible prout iis melius visum fuit, ad Honorem Coronæ, ET AD UTILITATEM REGNI. Isti vero viri ELIGEBANTUR PER COMMUNE CONCILIUM PRO COMMUNI UTILITATE REGNI, PER PROVINCIAS ET PATRIAS UNIVERSAS, ET PER SINGULOS COMITATUS (so as the King had the choyce of them in no Province or Countrey, but the Parliament and people onely) in pleno Folcmote. SICUT ET VICECOMITES PROVINCIARUM ET COMITATUUM ELEGI DEBENT. Itaquod in quolibet Comitatu sit unus Heretoeh PER ELECTIO NEM ELECTUS ad conducendum exercitum Comitatus jui, juxta præceptum Domini Regis, ad honorent Coronæ, UTILITATEM REGNI prædicti, semper cum opus adsuerit in Regno. Item qui fugiet a Domino vd socio suo pro timiditate Belli vel Mortis in conductione Heretochii sui IN EXPEDITIONE NAVALI, VEL TERRESTRI (by which it is evident these popular Heretochs commanded the Militia of the Realme both by Sea and Land, and might execute Martiall Law in times of warre) perdat omne quod suum est, sitam ipsius vitam, manus mittat Dominus ad terram quam ei antea dederat. Et qui in bello ante Dominum suum ceciderit, sit hoc in terra, sit alibi, sint ei relevationes condonatæ; habeant Hæreder ejus pecuniam terramejus sine aliqua diminutione, recte dividant interse. An unanswerable evidence to satisfie all men.

To which I shall onely adde that observation of the learned Antiquary Sir Henry Spelman in his * Glossarium; Title Dux, and Heretochius; (where he cites this Law of King Edward ) That the Heretoch was Magister Militiæ, Constabularius, Mariscallus, DUCTOR EXERCITVS, SIVE NAVALIS, SIVE TERRESTRIS; called in Saxon * Heretoga: ab Here, Exercitus, Togen, Ducere. Eligebantur in pleno Folcmote, hoc est, non in illo sub initio calendarum Maii, at in alio sub illegible Calendarum Octobris. Aderant tune ipsi Heretochii, QUÆ VOLUERE, IMPERABANT EXEQUENDA; consvlto tamen PROCERUM COE TU, ET JUDICIO TOTIUS FOLCMOTI APPROBANTE. Then he subjoynes POPULARIS IS TA HERETOCHIORUM SEU DUCUM ELECTIO, nostris Saxonibus cum Germanis aliis COMMUNIS FUIT. Vt in Boiorum ll. videas, Tit. 2. cap. 1. S. 1. Siquis contra Ducem suum, quem Rex ordinavit, in Provincia illa AUT POPULUS SIBI ELEGER I T DUCEM, de morte Ducis consiliatus suerit, in Ducis sit potestate, c. Hue videtur pertinere quod illegible Greg. Turon. legas l. 8. Sect. 18. Wintro Dux à Pagensibus suis depulsus Ducatu caruit, c. sed posteà pacato papulo Ducatum recepit: Eligebantur enim interdum Provinciarum illegible AB IPSO POPULO. In the * Roman State, the Senate, and some times the people alone, without their advise, bad power to appoint Lieutenants and Governours of Provinces whence the * Senate commanded those Governours of Provinces whom the Emperour illegible had made to be displaced, and others to be substituted in their roomes, which was accordingly executed: yea * the Senate had power to dispose of the common Treasure, and publike revenue, one of the greatest points of Soveraingty. And so we read in Scripture, Judges 11. 5. to 12. That when the children of Ammon made warre against Israel, the Elders of Gilead went to setch Jephthah out of the land of Tob. And they said unto Jephthah, Come and be our Captaine, that we may fight with the Children of Ammon, c. Then Jephthah went with the Elders of Gilead, and THE PEOPLE MADE HIM HEAD and CAPTAINE OVER THEM: the Princes and people, even under Kings themselves, having the chiefe disposing power of the Militia and denouncing war, as is evident by Josh. 22. 11. to 32. Judges 20. and 21. throughout 1 Sam. 14. 38. to 46. c. 29. 1. to 11. 2 Sam. 18. 2, 3, 4. c. 19. 1. to 9. Prov. 20. 18. c. 24. 6. compared together.

And for a close of all, lest any should object, that no late direct precedent can bee produced to prove the office of the Lord Admirall, and custody of the Seas disposed by Parliament, I shall conclude with one punctuall precedent of many. In 24. H. 6. prima Pars Pat. m a . 16. The King grants to John Duke of Exter, the OFFICE OF ADMIRALL OF ENGLAND, IRELAND and AQUITAIN, with this subscription, Per breve de privato sigillo, AVCTORITATE PARLIAMENTI, the former Patent of this office made joyntly to him and his sonne by the King alone, in the 14. yeare of his reigne, being surrendred in the Parliament of 24. and a new one granted them by its direction and authority. Yea most of the Admiralls Patents (which anciently were not universall for all England, but severall for such and such parts onely, and commonly but annuall or triennuall at most) as Sir Henry Spelman observes in his Glossary, in the word Admirallus, where you have an exact Kalender of all the Admiralls names, with the dates of their severall Patents and Commissions, are DE AVISAMENTO ET ASSENSU CONSILII; which is almost as usually taken for the Kings * great Counsell, the Parliament, as for his privy Counsell. And if our Kings have constantly disposed of this Office by the advise or assent of their privy Counsell, there is more reason and equitie they should doe it by the advise of their great Counsell, of which his privy Counsell are but a part, and by whom they have frequently beene elected, as I shall plentifully manifest in the next objection.

Now, whereas some pretend, that the Parliaments seising and detaining of the Kings Castles, Ports, Ships, Armes and Ammunition is High Treason, within the Statute of 25 Ed. 3. c. 3. and a levying of warre against the King. Object.

I answer, first; that the Parliament was never within the meaning, nor letter of Answ. that, or any other Act concerning Treasons, as I have formerly proved; the rather because the King is a member of it, and so should commit Treason against himselfe, which were absurd.

Secondly, because both Houses are of greater authority then the King, (a member of them as they make one Court) so cannot commit Treason against the lesse.

Thirdly, the Parliament is a meere ( p ) Corporation and Court of justice, and so not capable of the guilt of Treason: A Judge, Maior, or particular persons of a Corporation may be culpable of high Treason, as private men, but not a Court of justice, or Corporation.

* Fourthly, by the very Statntes of 25 E. 3. and of 11 R. 2. c. 3 21 R. 2. c. 12. 1 H. 4. c. 10. 21. R. 2. c. 3. the Parliament is the sole Judge of all new Treasons, not within the very letter of that act; and if any other case supposed Treason, not there specified, happens before any Justices, the Justice shall tarry without any going to judgement of the Treason, till the cause bee shewen and declared before the King and his Parliament, whether it ought to be judged Treason. And if the Parliament be the sole Judge of all Treasons, it cannot be guilty of Treason, for then it should be both Judge and Delinquent; and if so, no doubt it would ever acquit it selfe of such a crime as High Treason, and never give judgement against it selfe. And no Judge or person else can arraigne or judge it, or the members of it, because it is the highest soveraigne Court, over which no other person or Court whatsoever hath any the least jurisdiction: So that if it were capable of the guilt of Treason, yet it could not be arraigned or judged for it, having no superiour or adequate Tribunall to arraigne it.

Fiftly, admit it might be guilty of High Treason in other cases, yet it cannot be so in this. For having a joynt interest with the King in the premises in the Kingdomes right, (the sole propriator of them) it cannot doubtles be guilty of treachery, much lesse of High Treason for taking the custody and possession onely of that which is their owne; especially when they both seise and detaine it for its owne proper use, the Kingdomes security and defence; without any malicious or traytorous intention against King or kingdome.

Secondly, I answer, that the seising or detaining of these from the King are no Treason, or levying of Warre within this Law, as is most evident by the Statutes of 6. Ed. 6. c. 11. which expresly distinguisheth, the seising and detaining of the Kings Forts, Ammunition, Ships, from the levying warre against the King in his Realme, and by an expresse new clause, enacts this seising and detayning to be High Treason from that time, because it was no Treason within 25. Ed. 3. before, which if it had beene in truth, this new clause had beene superfluous; which law of King Edward being repealed by primo Mariæ, Rastal Treason, 20. this offence then ceased to be Treason: whereupon by a speciall act of Parliament in 14 Eliz. c. 1. it was made High Treason againe, (which had beene needlesse, if it had beene a levying of warre, or Treason within 25. Ed. 3. before.) And that with this proviso, this Act to endure during the Queenes Majesties life that now is, ONLY; and so by this Parliaments resolution, it is no Treason since her death, within 25 Ed. 3. for then this proviso had beene idle and repugnant too. And therefore being now no High Treason in any person, cannot without much calumny and injury be reputed Treason in both the Houses of Parliament, uncapable of High Treason, as the premises demonstrate.

In briefe, he that seised and detained the Forts and Ships of the kingdome, when it was Treason, was not a bare Traytor against the Kings person or Crowne onely, but against the King and his Realme too, like those Traytors, mentioned in the severall statutes of 11 R. 2. c. 4. and 21 R. 2. c. 2. 4. He shall be judged and have execution as a TRAITOR and ENEMY OF THE KING and TO THE REALME: and in 28 H. 8. c. 7. HIGH TRAITORS TO THE REALME, As the Gunpouder Traytors were to the Parliament and Realme in them, being the representative Body of the Realme: the Parliament then being the Realme representatively and authoritatively too, and so the party against whom this Treason is principally to bee committed, cannot bee a Traytor to it selfe, by the words or intendment of any expired Act which made such a seisure or detainer Treason. And therefore those Lawyers, who pronounce this Parliaments seising and detaining of the Ports, illegible Navy, Armes, or Ammunition of the Realme to keepe them out of worser hands, for the Kings and kingdomes right use and safetie, to be High Treason declare themselves Greater Malignants then Artists in their owne profession.

But some body (say Malignants and Royalists) must be trusted with the Militia, Object. Ports, Navy, Armes, Ammunition; and who so fit to be confided in as the King himself, and those whom he shall appoint? Especially since hee and his owne substitutes, have formerly beene intrusted with them by the kingdome; and wee have now so many deepe * Protestations, yea publike printed Asseverations and Promises from his Majestie, to maintaine the Protestant Religion, our Lawes, Liberties, Properties, Parliaments, with their just Priviledges; and shall we not beleeve and trust his Majesty after so many royall assurances, seconded with many Acts of grace for the publike safetie already passed by him in this Parliament? especially the Acts against Shipmoney, and all other unlawfull Taxes; with the Bils for the continuance of this, and calling of a Trienniall Parliament, when this shall be determined? Shall we yet be diffident of his Majesties sinceritie after so many Protestations, Promises, Imprecations; so many Pledges of his gracious affection to his people, and some publike acknowledgements of his former misgovernment and invasions on his Subjects Liberties? If all these Warrants will not content the Parliament, and perswade them to resigne up all the premises they have seised into his Majesties hand, to purchase the kingdomes much desired necessary Peace, and put a period to our destructive warre (in which there is nought but certaine ruine) what other security can his Majesty give or they expect?

To answer this plausible allegation, I shall, without prejudice to other mens Answ. judgements, crave liberty to discharge my owne and others thoughts in this particular, in which if I chance to erre (out of overmuch zeale to my countries safety) I shall upon the first discovery professe a recantation; though for the present,

* Maluerim ver is offendere, quam placere adulando.

I shall reduce the summe of the answer to these two heads;

First, that as the state of things now stands, it will be (as many wise men conceive) not onely inconvenient, but dangerous, to resigne up the Militia, Forts, Ports, Navy, Ammunition of the kingdome into his Majesties sole disposing power, and those hands which himselfe alone shall appoint and confide in, till things bee throughly reformed and setled both here and in Ireland, and the Popish prevailing party in both kingdomes (now strongly up in armes) totally suppressed and secured.

Secondly, That till this be effected, it is more reasonable and safe, both for King and kingdome, that these should remaine in the Parliaments hands, then in the Kings alone.

For the first, there are these three generall reasons, generally alledged by many understanding men, equally affected to either party, and by most who are cordially inclined to the Parliament, why they deeme it not onely inconvenient, but perillous, to intrust the premises wholly with the King, and those of his appointment, as our condition now stands.

First, a more then probable long-since resolved designe in his Majesties evill Counsellors, to make him an absolute Soveraigne Monarch, and his Subjects as meere vassals, as those of France; which designe hath beene carryed on with an high hand from the beginning of his Reigne till this presert, as the Parliament in * sundry Declarations prove, yea divers * Lords and Members of both Houses, though now with his Majesty, in their Parliamentary Speeches, have openly professed; which they thus demonstrate.

First, by his Majesties severall attempts against the Priviledges, Power, and very being of Parliaments; manifested by the proccedings against Sir John Eliot, Mr. Hollice, Mr. Strode, Mr. Long, and others, after the Parliament in 3. Caroli; and the Lord Say, Mr. Crew, with others after the last Parliament before this: By his Majesties sad ominous breaking off in discontent, all Parliaments in his Reigne (unparalleld in any age or kingdome) till this present; which though perpetuated by a speciall Act, as long as Both Heuses please, hath yet long since been attempted to be dissolved like the former, by his Majesties accusation, and personall comming into the Commons House with an extraordinary Guard of armed men attending him, to demand five principall members of it, to be delivered up to his hands as Traytors, in an unpatterned manner. By his wilfull departure from, and refusall to returne unto the Parliament, though oft petitioned and sollicited to returne; which is so much the more observed and complained of, because his Majesty (if not his Royall Consort and the Prince too) was constantly present in person every day this Parliament (for sundry weekes together) at the arraignment of the Earle of Strafford for high Treason, in a private manner, when by Law he ought not to be personally present in a publicke, to countenance and encourage a capitall Oppressor, and Trayterous Delinquent against all his three kingdomes, contrary to both Houses approbation; And yet now peremptorily denyeth to be present with or neare his Parliament, to countenance and assist it for the preservation of his kingdomes against such Traytors, Rebels, conspirators, who have contrived and attempted their utter desolation, in pursuance of his foreplotted designes; By his commanding divers Lords and Commons to desert the Houses, and attend his Person without the Houses consent, detaining them still * when the Houses have sent for them: and protecting those who refused to returne, against the common justice of the Parliament: by casting divers grosse aspersions on it, and naming it, A saction of Malignant, ambitions, spirits, no Parliament at all, c. By raising an Army of Delinquents, Malignants, Papists, Forainers, to conquer and suppresse the Parliament, and deprive it of its Liberties; By proclaiming divers active Members of it, (specially imployed by Both Houses, for the defence of their severall Counties) Traytors, onely for executing the Houses commands, without any Indictment, Evidence, Conviction, against all Law, Justice, and the Priviledges of Parliament: By commanding, detaining the Lord Keeper of the Great Seale, (the Speaker of the Lords House) and some Judges from the House and City: By plundering divers Parliament mens houses, imprisoning their persons without Bayle, Maineprise, or Redemption, and laying intolerable taxations on their estates: By Declaring both Houses Traytors, if not in positive, yet at least in equivalent words, and by necessary consequence: By divers unparalleld violations of the Parliaments Priviledges by extrajudiciall Declarations out of Parliament, penned by Malignants in his Majesties name, and avowed by him, published of purpose to oppose, annull, reverse the solemne legall Resolutions, Declarations, and Votes of both Houses in sundry cases, and by name that against the Commission of Array: And finally by the manifold invectives in severall his Majesties Declarations, and Proclamations against the Parliaments Votes, Proceedings, Members; seconded with expresse commands, and invitations to the People, to * Contemne its authority, and disobey all its Orders made without his personall consent; which is indeed nought else, but to nullifie Parliaments, to make them altogether contemptible, ridiculous, and trample them under feete; and hath wrought a strong malignity, disobedience, if not disaffection, in many people to Parliaments, to the end they may never desire or enjoy them hereafter, notwithstanding the Act for trienniall Parliaments, when this is once dissolved. All these unparalleld, apparent high attempts against the very honour, essence, of this, and all other future Parliaments, (transcending both for quantity and quality all the violations of Parliaments Priviledges, in all his Majesties Predecessors Reignes, since England was a kingdome, summed up in one;) together with the late Oxford Propositions for an Accommodation; wherein the Houses finall Resolutions, Declaring what is Law, are called illegall, and required to be reversed; the power of imprisoning and fining men denyed, and prostituted to the censures, Writs, and Examinations of inferiour Courts, by way of Habeas Corpus; al high Violations and denials of the knowne priviledges of Parliament, contrary to his Majesties many former, and late Printed Protestations, and those Acts newly passed concerning Parliaments, (which will never recover their pristine dignity, honour, power, priviledges, if this should miscarry;) induce the most intelligent to opine, that his Majesty, long since weary of the yoke of all Parliaments, (the only Remora to his absolute intended Monarchy) and repenting of the Act for continuing this, since he hath gained his ends for which it was summoned, (more out of absolute necessity then love to Parliaments) to wit, peace with the Scots, for the present, by an Accommodation, wrought by this Parliament, purchased with his Subjects mony, when as he saw no hopes of repelling them hence by force; the paying of his then raised Army against them by the Parliaments free supply: is now resolved (in prosecution of his pristine Counsels) by force or policy to dissolve this Parliament in discontent, as he hath done all former, and that with such advantages of a generall ill opinion of Parliaments in the ignorant mis-informed vulgar on the one hand, and of a prevailing conquering power on his part on the other hand, as shall either utterly extinguish the hopes and Bill of summoning any future trienniall Parliamentary Assemblies, or at least so emasculate the vigour, and eclipse the power of them, if called; that they shall neither have courage, nor might, nor meanes to resist his foresaid grand designe, if he can now either by force or policy resume the Militia, Forts, Navy, Ammunition into his absolute dispose; the onely present obstacle (now his forces are so great) to gaine a compleate long-expected conquest over his peoples Liberties, Lawes, Estates, and all Parliaments Priviledges, if not beings too. And if our Parliaments (the onely Bulwarkes to protect our Lawes, Liberties, Estates, Lives, Religion, Peace, Kingdome, against the devastations of oppressing, lawlesse Princes, and Officers) be once conquered, or weakned in the least degree, we can expect no other issue, but that Tyranny, slavery, popery, shall be ere long entailed upon us and our Heires Soules and bodies for ever.

Secondly, By his Majesties frequent imposing of many unlawfull Taxes and Impositions on his Subjects, contrary to his Coronation Oath, the ancient Lawes of the Realme, yea his owne late Statutes, Declarations, Vowes, Promises; which designe hath beene carryed on with a strong hand all his Reigne till now; and at this present, with a farre higher hand then ever: which they exemplifie by the Loanes with other Taxes, Impositions, Grievances, complained of in the Petition of Right, in the third yeare of his Reigne; which Act when first passed, with this his Majesties solemne Oration and Protestation Printed with it; I dee here declare, That these things which have beene done, whereby men had some cause to suspect the Liberty of the Subject to be trenched upon, shall nothereafter be drawne into example for your prejudice: And in time illegible come (IN THE WORD OF A KING) you shall not have the like cause to complaine: (backed with his Royall Declaration to all his Subjects at the breach of that Parliament to like purpose) made most men thinke, they should never be grieved with illegall Taxes more; though the very annexing and Printing of his Majesties two Answers, this Speech when he passed the Petition, at the end thereof (with the Scope and matter of this Speech and other then concurring circumstances) made the wisest men suspect, it was onely a baite to catch the * Temporalties and Clergies (five a peece) extraordinary great Subsidies, then aymed at, (a greater ayd then was ever before granted at once to any of his Majesties Predecessors) and a policy then seemingly to content, but subsequently to delude the over-credulous impoliticke Vulgar; the verity whereof was at that instant much confirmed, by his Majesties clayming (even in his very speech when he passed the Petition of Right) Tunnage and Poundage as a meere right, and his taking it as a just duty without grant by Parliament, from his comming to the Crowne till then and since; by his extraordinary strange commission granted under the great Seale to divers Lords and others for the laying of an intolerable illegall excise, on all the Subjects throughout England and Ireland, seconded with the Commission to Dalbere and others, for the raysing and importing of German Horse, and the billeting of Irish foot in sundry places of England to joyne with those horse, to set on this excise, even at that very instant, when this Petition of Right was debated and passed; the breaking up of that Parliament as soone as these Subsidies were granted, and the unpatterned inundation of all kinde of unjust Taxes as soone as ever that Parliament was dissolved; as fines for Knighthood, New-buildings; Inclosures, exacted Fees, (not to redresse, but authorize them by compositions to get money) Shipmony, Monopolies of Tobacco, Sope, Brickes, Pins, and a world of other particulars upon which annuall rents were reserved: Forrest-bounds, and offences prosecuted with all Rigour; Impositions upon Coale, Beare, Salt, Wines, Tobacco, and all kinde of Merchandise; Lieutenants rates, and wages, illegible and Conduct money, excessive high Fines in Starchamber, High Commission and other Courts, with sundry other Particulars complained off with open mouth in this and the preceding Parliament by most of the members of both Houses, and divers now present with his Majesty; who notwithstanding the many publike complaints against these oppressions, the Acts this very Session passed against them, and sundry duplicated deepe Asseverations to maintaine the Subjects Property, Liberty, and governe onely according to Law; hath, and still daily doth in a farre higher degree then ever (through the ill advise of Malignant Counsellors) proceed to afflict and ruine his people in this very particular of Property and Taxes, by weekely or monethly assessements and contributions imposed on sundry Townes and Counties where his Forces now lie, exceeding many mens racked incomes; his seising of their Ammunition, Armes, Horses, Carts, Goods, Provisions, Houses, Lands, (yea husbandmeus illegible and Horses of their Ploughes, * priviledged from distresses by Law, by most Nations though enemies, in times of warre from spoyle to plunder,) so as they cannot till their ground, which must needs breed a famine: and stripping many thousands of his people in Brainford, Marleborough, Cicester, and other places (utterly sacked and ruined by his Cavaliers) of all their lively hoods, and estates, to their very naked skins; and carrying away those poore Subjects in triumph like Enemies and Traytors, who dare offer to defend their goods, houses, estates, or make any the least resistance, ( though the Lawes, * Common and Statute, allow them in such cases, not onely to resist, but kill all those who shall assault their houses, or persons to spoyle them of their goods ) or protect them or their Liberties, Lives, Properties, against his Army of theevish murthering Cavaliers. And which aggravates all the rest, his Majesty hath sent out such a Commission of Array to bee executed in every County, as pulls up libertie and propertie by the rootes; which, though both Houses by a speciall printed Declaration, have * proved to bee illegall, contrary to the fundamentall Lawes of the Realme, the Petition of Right, and some expresse Acts passed this present Session; yet his Majestie hath caused such an Answer to be published in his name to the first Declaration as good Law, which * frustrates all Acts whatsoever made in this a former Parliaments for the Subjects Libertie, Propertie; and layes downe such grounds, which will not onely justifie, but revive all former pressures and grievances whatsoever, a warranted by Law. All which considered, together with the frequent endeavours formerly and of late to raise and keepe an Army on foote among us to enslave us, and raise what taxes shall bee arbitrarily imposed without a Parliament on the Realme by force of Armes, according to the late use of France, begun by Strafford in Ireland, and now set on foote in divers countries of England, makes wise moderate men feare, that if the Militia, Forts and Navy be yeelded up unto the King before the Subjects Propertie, and these violations of it in the highest degree (so that none at this day can truely say that any thing hee enjoyes, no not his Lands or Life are his illegible ) bee better setled, all propertie will bee for ever lost, and Turkish Subjects as free as English, in common probabilitie.

Thirdly, the constant designe against the Libertie of the Subjects person (the better to invade the property of his goods) prosecuted all his Majesties time, and more then ever since the Petition of Right and this Parliament. The which is evidenced, by infinite illegall commitments of men for not paying the Lone, Knight-mony, Ship-mony, with sundry other unlawfull Taxes, without baile or mainprise; of sundry members of both Houses during this, and after former Parliaments ended, for things done in and triable onely by Parliament; by the exorbitant censures in the Star-Chamber and High Commission, and judging free men against Law, to close imprisonments; And that (which now grieves the very Soules of all English Spirits, who have any remainders of common humanity, in them, and would rend an heart of adamant) not onely by the strict close hard imprisonments of divers persons at Yorke and elsewhere, for executing the Militia, refusing the Array, or contribution Taxes, but by the more then barbarous, * yea beastly crueltie of his Majesties Cavaliers in chayning together in Ropes sundry Prisoners taken at Brainford, Marleborough and Cicester, (as the true printed Relations of these places sacking testifie) like a company of Turkis Gally-slaves, (though some of them were Gentlemen of worth and quality, others Ministers, others aged, sickly, and many who never bore armes in these present warres) and leading them chained (almost naked, and barefoot) through illegible filthy wayes in the cold winter season to Oxford in triumph (to his * Majestres great dishonour, and his Subjects griese,) denying them, not onely meat and drinke, but even water it selfe ( the commonest Element ) to quench thier thirst, and keeping off, yea beating any such at Cicester, and Oxford, who offered to bring them any sustenance, though but a drop of water to coole their tongues: (O more then Turkish Barbarousnesse, that one man, one Christian, one English Subject even in, or neare the presence of his Soveraigne, should thus ill intreate another, without any punishment or checke, much more with approbation!) After which they have beene * shut up in prisons and dungeons lying on the cold ground, stones or boards without beds, straw, fire or any the least refreshment; allowed onely a poore pittance of Adams Ale, and scarce a penny bread a day to support their lives, though their friends would provide it for them; in which sad condition many of them are still detained close prisoners without bayle, mainprise, exchange, redemption, divers of them being dead of Famine and ill unaccustomed usage: Others have beene murthered without mercy, and their * Careasses lest unburied for the fowles to prey on; others maimed and left weltring in their blood without any reliefe; others forced to live exiles from their habitations; and all for this new point of High Treason; that they stood upon their guard, to defend the propertie of their persons, goods, houses, possessions, from the robbery and plunder of theeving Cavaliers ( * borne onely for the publike mischiefe of the Reame) who now live by the Countries spoyle and robbery, and must not be resisted. If this proceeding be the so ost protested preservation, the vowed defence of the Subjects Liberties, Properties, Lives, the preserving of them in perfect and intire peace and safetie according to his Majesties Coronation oath, the governing of them according to the Law, even whiles the Parliament sits, and hath such Forces in the field, the possession of the Ports, Navy, and other premises in their hands (which if the King should die without heire devolve wholly into the kingdomes hands and possession, not to his Executors, as to the true proprietors of them, a strong unanswerable argument, they are not now the Kings but kingdomes in point of right and interest;) wee cannot (say many men) but suspect the like and worse usages when these are all surrendred into his Majesties power, and that he with his ill Counsellors (who had lately such a bloody treacherous designe against Bristoll during the Treaty of Peace, and now plainly professe, * that they never intended the Premises should be put into such persons hand as the Parliament and kingdome might confide in, but themselves alone;) will then illegible much over-awe the present and all future Parliaments, as they doe now the country people where they quarter; and handle many active worthy members of both Houses (particularly proclaimed rebels by the King without conviction, who hath not so violently proceeded against any of the Irish Rebels in this kinde, as he hath done against the houses of Parliament, and the chiese well deserving members of it) as rigorously, if not far worse, as any now imprisoned by them; notwithstanding that true rule of * Seneca: Remissius imperanti melius paretur. Et non minus Principi turpia sunt multa supplicia, quam illegible multa illegible .

Their second generall reason is, an * ancient fore illegible confedenacie between the Popish and Prelaticall Party in the Kingdome to change Religion, and re-establish illegible Which designe hath been vigorously prosecuted long before his Majesties illegible but more effectually since his marriage with one of that Religion; who in regard of her necrenesse to, and continuall presence with him heretofore and activitie to assist him now against his Parliament, hath such a merit rious interest in his affections, if not powerfull influence upon his will and Councells, as may induce his Majestie (as well as * King Salomon) to grant, at least a speedy publike long-expected tolleration and free use of the Romish Religion (if not a suppression of the Protestant faith) throughout the Realme, if all the premises be put into his Majesties unlimited power. And that which backes this more then conjecturall feare, is: First, the large visible progresse made in this designe before this Parliament, as not onely the Houses joynt Declarations, but divers Malignant Members declanatory Orations, (now with the King) testifie, together with our Prelates manifold Popish Innovations in Doctrines, Ceremonies, Ecclesiasticall proceedings; the Popes Nuncioes Residence neere, and free accesse to Court; our Agents residence at Rome; the Cell of Capuchins, Chapples erected for Masse, the infinite swarmes of Seminary Priests and Jesuites every where, with freedome and impunity, the suspention of the Lawes against them and Popish Recusants; the late persecutions and suppressions of all godly Preaching Ministers and most zealous Protestants, with other particulars clearely demonstrate. Secondly, the present generall Rebellion and bloody proceedings of the Papists in Jreland, to extirpate the Protestant Religion there; and the many prevayling Plots of the Irish Rebels party here, to delay, seize, or frustrate all ayde and opposition against them from hence: with his Majesties late Commissions to Papists and Protestants, and some who have beene in actuall Rebellion to treate and conclude a peace with these Rebells, contrary to the very Act he passed this Parliament for Irelands releefe. Thirdly, his Majesties late letter to the Councell in Ireland to exclude the Parliaments agents and members there from all their Councells and meetings; and if reports be credible, his Majesties Commissions lately issued to most notorious convicted Papists in * Wales, Lancashire, the North and other parts, to arme themselves and raise forces under their Commands (who are now in severall bodies in the field) and his intertaining of divers Papists and Irish Rebells in his Army to sight against the Parliament, contrary to the expresse Lawes of the Realme; his owne frequent Proclamations and Protestations, to entertaine no Papists neare him and to defend the Protestant Religion: Which added to the intercepting of the Parliaments provisions for the releefe of the Protestants in Ireland, the entertaining of some of the Commanders sent to Ireland by the Parliament against the Rebells, if not sending for some of them out of Ireland from that Service to warre against the Parliament; with the passes under his Majesties hand for the transporting of some Popish Commanders (since joyned with the Jrish Rebells) into Jreland; make many jealous heads suspect, the common vaunt, of the Irish Rebells, * that they have expresse Commissions both from the King and Queene to warrant their proceedings there, and that they fight but for them against the Parliament, Puritanes, and Parliament-Dogs (the Language of the Cavaleeres too, learned from them) are not onely possible, but probable; and that there is a generall designe on foote (towards which the Papists in forraigne parts, through the Priests and Queenes Negotiations, have made large contributions) by the Popish Armies now raised in both Kingdomes, to set up Popery in its perfection every where, and extirpate the Protestant Religion in all our Kingdomes, which nothing but an absolute conquest of these blood-thirsty Papists can in probability prevent, they being already growne so insolent, as to say Masse openly in all the Northerne parts and Army, and in Reading, in affront of God and our Religion: If therefore the premises should now be wholy surrendred to his Majestie, it is much to be feared, that the Popish party (now most powerfull) would in recompence of their meritorious service and assistance in these warres, at leastwise challenge, if not gaine, the chiefe command of the Ports, Navie, Ammunition; the rather, be cause the Lord illegible (a most notorious Papist) both before and since this Parliament, enjoyed the sole charge and custodie of all the Military Engines and Ammunition royall at Foxes Hall, designed for the Kings chiefest Magazine; and then farewell Religion, Lawes, Liberties; our Soules and bodies must become either Slaves or Martyr’s.

Their third generall ground, is the constant practise of most of our Kings (as John Henry the 3 d . Edward, and Richard the 2 d , with others) who after warres and differences with their Parliaments, Lords, Commons, upon accommodations made betweene them, as soone as ever they got possession of their Castles, Ships, Ammunition, seised by their Subjects, brake all vowes, oathes, covenants made unto them, oppressing them more then ever; enlarging their owne prerogatives, and diminishing the Subjects Liberties, (yea taking away many of their lives against Law, Oathes, Promises, Pardons,) on purpose to enthrall them; which still occasioned new Commotions, as the premised Histories and others plentifully informe us. And that the King (considering all his fore-mentioned proceedings, and pertinacious adhearing to his former evill Councellours and their Councells) should degenerate from his predecessors Policies, in case the premises be yeelded wholy to him, before our Liberties and Religion be better setled, and the just causes of our feares experimentally removed, is hardly credible.

Object. But against these 3. Generall reasons, his Majesties many late solemne Protestations, and those Acts which he hath pasted this Parliament, are objected, as sufficient security against all future feares: To which they answer.

Answ. First, that if his Majesties Coronation Oath, to preserve his Peoples Liberties and Lawes of the Land in violable, have beene no sufficient security to his Subjects hitherto, against all the fore-mentioned grievances and illegall pressures: his verball Protestations and Promises are like to prove worse assurance: If solemne Oathes be most apparently violated, what trust can there be to unswore words?

Secondly, our Kings in former times (as I have plentifully proved and infinite examples more declare) seldome or never kept either Oathes or Promises made to their Subjects; but have broken oath after oath, agreement upon agreement, with all verball legall ties; reputing them onely lawfull policies to over reach their people, and effect their owne designes with greater advantage to themselves, and prejudice to their Subjects. And shall we dreame of a new world, onely in this dissembling age; when Kingcraft is improved to the utmost?

Thirdly, we had his Majesties * solemne Protestation, in the Word of a King, in the 3 d , yeare of his Raigne, backed with * Two Printed Declarations then, to all his Loving Subjects, to maintaine the Petition of Right, their Lawes, Liberties, Properties, Religion in purity and perfection without the illegible violation, or any connivance at, or back-sliding illegible Popery: And what good warrants or securities these since proved to the Subjects to preserve them from severall inundations of oppressions, Taxes, grievances, Innovations and relapses to Popery (which have flowed in upon them ever since as if these had beene no bankes to keepe themout, but illegible onely to let them in the faster) the premises manifest, and we all experimentally feele this day. And are the new Promises and Protestations (thinke you) better then the old? or those made this Parliament more obligatory to the King, or his evill Councellors, then those made the two last Parliaments, infringed in an high degree (even to the imprisoning, the searching of Peeres, of Commons Pockets, and studies against the Priviledges of Parliament) within few houres after they were published in Print? Are not the Subjects dayly taxed, imprisoned, plundered, murthered; the Priviledges of Parliament dayly infringed, many wayes? Protestants dis-armed, Papists armed, forraigne forces introduced, Irish Rebels privately countenanced, the greatest acts of hostility and cruelty exercised whiles treaties of peace are pretended? the best Iustices removed in all Counties, ill affected persons set up in their places; illegall Commissions of Array executed, justified, the best Protestant Ministers, people most robbed, pillaged, murthered, banished every where; Sheriffes illegally made, Subjects (even at Oxford where the king resides) more inhumanely handled under his Majesties view, than Gally-slaves in illegible and scarce one Declaration or Promise observed so much as the very day they are published? notwithstanding so many multiplications of them in Print; that people may the better take notice how they are broken, if they be observant? And shall the Parliament then take, these so notoriously oft violated, never yet observed Protestations, for our Kingdomes onely substantiall security, to put all into his Majesties hands forthwith, before they see some reall performances and change of Councells? Certainely if they be so much over-seene, they are like to be so farre from mending our present condition, that they shall but make it worse, yea and betray themselves, with all that trust them, both for the present and posteritie.

But we have very good Lawes assented to by his Majestie this Parliament; The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. for our security too. True! but are they not spiders Webbs, and already undermined in action or intention? Doe they secure us in any kinde for the present, and will they doe it for the future? will time (thinke you) make them binding to the King, if they oblige him not, as soon as made? Did the Petition of Right 3 ° Caroll, (a most inviolable security as most then dreamed) secure the Subjects in the least degree against any illegible wrong, so long as for one moneths space? Was it not turned into a kinde of illegible as soon as made, and ever since? Nay, were there not only sundry actions don, but Iudgments too in the very greatest Courts of Iustice, given against it, yea against the very letter and unquestionable meaning of Magna Charta, and other fundamentall Laws, by corrupted, or over awed timorous Iudges? yea, are not most good Acts made this Session for the Subjects benefit, and all the Subjects Liberties at one stroke quite hewen downe and undermined by a pretence of Law it selfe, in his Majesties Answer to both the Houses Declaration, concerning the Commission of Array? Quid verba illegible facta illegible videam? The meanest Latine Scholler knowes, that verba dare, signifies properly to deceive; and Subjects have beene oft deceived, even with Acts of Parliament. Now that all may see how invalid assurances Lawes are to secure the Subjects Liberties, though ratified with never so many confirmations, oathes, seales; I shall give you 2. or 3. ancient presidents. The first is that of * King John, who Anne 1214. confirmed Magna Charta, the Charter of the Forrest, and other Liberties with his hand, seale, oath, proclamations, the Popes Bull, solomne excommunications against the infringers of it, denounced by all the Bishops in his presence; by appointing 25. Barons, who by oath were to see and force him, and all others to observe it; by seising on his Castles, Lands, goods; and by resigning the cust odie of his 4. chiefe Castles to the dispose of 25. Lords; whom all other Lords and Commons were bound to assist; yet in lesse than on halle yeare, space, illegible strongest obligations are all cancelled, these Gordians cut in sunder with the sword of warre, and the Subjects reduced to greater Vassellage than ever, as the premises evidence. So King Henry the 3 d by oath sundry times successively ratified these Charters the Subjects illegible in Parliament, which they oft dearely purchased with great Subsides And * An. 1237. this King to gain a Subsidie of his Subjects, in a Parliament then assembled at London; illegible that illegible illegible to revoke illegible great Charter, and other Liberties, or illegible illegible the Pope to illegible it, with which the illegible truely charged him; and that if any such thing illegible beene casually suggested to him, he did utter illegible and revoke it: and because he seemed not altogether free from the sentence of excommunication, which Ste en the Arch-bishop, with all the other Bishops of England had denounced against all the infringers of the great Charter, which he through ill Councell had in part infringed; he commanded them all in publike, to renew the said sentence against all contradictors of the sayd Charter, so that if he himselfe, through any conceived rancor, had not peradventure observed it, he might more grievously relapse into the said denounced sentence. By which meanes, and speech, he wonderfully reconciled to him the hearts of all that heard of these things, and suddenly causeth the Earles Warren, and Ferrers, and John illegible by the Parliaments appointment, to illegible sworne his Councellors; giving them this Oath; That by no illegible neither for rewards, nor any other cause, they should swarve from the way of truth, but should give good and wholesome Councell both to the King and Kingdome. Whereupon they freely gave the King the 30 th part of all their movable goods, except their gold, silver, horses and armes, to be spent on the good of the Republicke, with this condition often annexed; that the King should leave the Councell! of Aliens, and onely use the advise of his naturall Subjects: Which Subsidie was ordered, to be collected by 4. knights, and one clerke in every County, and there layd up in some religious house or Castle, that if the King should receede from his promise and condition, every one might faithfully receive backe his owne againe. But no sooner vasthe Parliament ended, but the King breakes all his promises; shewes more savour to, and is more ruled by strangers then ever before; levies the subsidie in a stricter and farre other manner then was prescribed, and bestowes most of it on strangers to be transported; marrieth his sister Eleanor to Simon Monfort, (a new come French Exile, of meane fortunes) illegible que naturalium hominum consiliis factus est illegible suis illegible Regnaque illegible illegible illegible factus est illegible ita quod per eorum consilium parum aut nihil de illegible Regni tractaret illegible operaretur, Which courses, with other, so incensed the Nobility, and generally all the subjects, as put them into a new commotion; which made him enter into new Articles and promises ratified with seales and Oathes, yet still infringed as soone as made. After this in the 37. yeare of his Raigne he ratified them in the most folemne and religious manner as Religion and State could ever devise to doe. * The King with all the great Nobility of England, all the Bishops and chiefe Prelates in their Pontificalibus, with burning: Tapers in their hands assemble to heare the terrible sentence of Excommunication, and at the lighting of those candles, the King having one of them in his hand, gives it to a Prelate there by, saying: illegible becomes not me being no Priest, to hold this Candle, but my heare shall be a greater testimony; and with all layd his hand spread upon his breast, the whole time the sentence was read, in this forme. We illegible Archibishop of illegible c. by the Authority of God illegible and of the illegible and of the Holy Ghost, and of all Apostle, illegible illegible Virgins, and all the Saints of God (many of them there speciall illegible ) illegible illegible illegible illegible illegible illegible illegible God, all those who from henceforth, illegible and willingly shall deprive or illegible the Church of her right: likewise, ll those, who by any art or cunning shall rashly violate, illegible or illegible privily or openly or by illegible or councell, shall rashly come against also any of the ancient Liberties illegible illegible customes of the Realme, and especially the Liberties and free Customes which are conteined in the Charters of the Common Liberties of England, and of the illegible granted by our Lord the King of England, to the Arch Bishops, Bishops Prelates, Earles, Barors, illegible and Free Tenants of England; likewise all them who illegible make, or observe when made, any statutes, or introduce or keepe when introduced, any customes against them or any of them, together with the writers, Councellors, and executioners of such illegible and those who shall presume to judge according to them. In illegible memory whereof, we have thought meete to set our illegible . And then throwing downe all their Candles, which lay smoking on the ground, every one cryed out; So let every one who incurres this sentence be extinction hell. Then the illegible ringing cut, the King himself solemnely swore and protested with a lowd voyce, with his hand upon his brest: As God me helpe, I will faithfully and inviolably keep these things, as I am a Man, a Christian, a Knight, a KING CROWNED ANOINTED. Which done, Robert Bishop of Lincolne fore-thinking, that the King would violate the foresaid Charters, presently caused the like excommunication to be made in all his innumerable Parish Churches; which sentence would make mens cares to tingle, and their hearts not a little to tremble. * Never were Lawes amongst men (except those holy Commandments from the Mount) established with more majestie of Ceremony, to make them reverend and respected then were these: they wanted but thunder and lightning from heaven, (which if prayers would have procured, they would likewise have had) to make the sentence ghastly, and hideous to the infringers thereof. The greatest security that could be given, was an oath, and that solemnely taken; the onely chain on earth, besides love, to tie the conscience of man and humane Society together; which should it not hold us, all the frame and government must needes fall quite asunder. Who would have once imagined, that a man, a Christian, a Knight, a King, after such a publicke oath and excommunication, would ever have violated his faith, especially to his loyall Subjects? yot loe almost a miracle (though over-common among our Kings,) the very next words in my * Historian after this Oath and Excommunication, are these; The Parliament being thus dissolved, the King PRESENTLY using ill Counsell, studied how to infringe all the premises; these whisperers of Satan telling him; that he neede not care though he incurred this sentence, for the illegible for one or two hundred pounds will absolve him, who out of the fulnesse of his power can illegible and binde whatsoever he pleaseth, c. which the Pope soone after did; and the King returned to his former oppressive courses, more violently than before. Well then might the royall Prophet give us this divine caution, * O put illegible your trust in Princess Surely, men of high degree are a lye; to be layd in the ballance they are altogether lighter illegible vainty, both in their oathes and promises. Hence * Isable Countesse of Arundle, illegible well spoken Lady, receiving a repulse from this Kings hands about a Ward, whereto illegible conceived she had right, the King giving her a illegible answere, and turning from illegible sayd thus to his face: O my Lord King, why turne you away your face from justice, that we can obtaine no right in your Court! You are constituted in the midst illegible God and us, but you neither governe your selfe nor us discrectely, as you illegible You shamefully illegible both the Church and Nobles of the Kingdome by all wayes illegible may, which they have not only illegible in present but often heretofore. The King fired illegible What, my Lady Countesse, have the Lords of England, because you have illegible will, made you a Charter, and hired you to be their Orator and Advocate? illegible to she replyed: Not so my Lord, they have not made any Charter to me; but the Charter which your Father made, and which your selfe have ost confirmed, swearing to keepe the same inviolably and constantly, and often extorting money, upon promise, that the liberties therein conteined should be faithfully observed, you have illegible kept, but without regard to honour or conscience broken; Therefore are you illegible to be a manifest violater of your faith and Oath. Where are the liberties of England so often fairely ingrossed? so often granted? so often bought? I, though a woman and with me all the naturall and loyall people of the land, appeale you to the Tribunall of that high Iudge above, and heaven and earth shall be our witnesse, that you have most unjustly dealt with us, and the Lord God of revenge, avenge and right us. The King disturbed at these words asked her; If she expected not to obtaine illegible suite upon favour, seeing she was his kinswoman? Whereunto she answered. How shall I hope for grace, when you deny me right? Therefore I appeale before the illegible of Christ against those Councellours also of yours, who gaping onely after their own gaine, have be witched and infatuated you. I wish none had cause at this very illegible to make the like appeales. As boldly, though in fewer words, is he reproved by the * Master of the Hospitall of Hierusalem, in Clarken well, who comming to complain of an injury committed against their Charter, the King told him; The Prelates, illegible especially the Templers and Hospitalers, had so many Liberties and Charters, illegible their riches made them proud, and their pride mad; and that those things which illegible unadvisedly granted, were with much discretion to be revoked; alleaging, that the Pope had often recalled his owne grants, with the clause, Non obstante; and why should illegible he cashiere those Charters inconsiderately granted by him, and his Predecessors? illegible say your Sir? (sayd the Prior) God forbid so ill a word should proceed out of your mouth: so long as you observe justice you may be a King, as soone as you violate the same, you shall cease to be a King. To which the King inconsiderately replied. O illegible meanes this! you Englishmen, will you cast me downe from the Kingdome as you did my Father, and kill me being præcipitated? I could instance in diverse like violations of illegible Charta and other good Lawes immediately after their making illegible ratification with solemnest Oathes and * excommunications, both in King Edward the 1. and 2. and Richard the seconds raignes, which because elsewhere lightly touched shall pretermit; concluding onely with one president more, in one of our best and just est Princes raignes, King * Edward the third, in whose reigne even then illegible speciall Acts, there was not onely a trieniall Parliament but an annuall to be held; illegible sometimes 4. or 5. Parliaments held every yeare, and Magna Charta usually first confirmed by anew Law in every one of them, yet we shall finde not onely illegible complaints of the breaches of it, but * many new Lawes one after another, enacted to prevent and punish the violations of it; and yet all to little purpose, as those Act declare, and our late, yea present times attest: and which is very observable; when King Edward the 3 d in the first Parliament, in then 5. yeare of his Raigne, had illegible and established divers good Statutes, which he willed and granted FOR illegible HIS HEIRES that they should be FIRMELY KEPT HOLDEN FOREVER, for the ratification of Magna Charta, and better observing other good illegible and enacted, That the Chauncellour, Treasurer, Barons of the Exchequor, Iudges, illegible all other great Officers of the Kingdome should, then for the present in Parliament and illegible illegible after take illegible illegible Oath before their admission to their Offices, to illegible and maintaine the points of the great Charter, and the Charter of the Forrest, and all other Statutes, without breaking any one point; No sooner was that Parliament dissolved, but the very same yeare, he publikely * revoked those Statutes: pretending, That they were illegible to the Lawes and Customes of the Realme, and to his Prerogatives and Rights Royall, all which he by his Oath was bound to illegible ne; Wherefore willing providently to revoke such things, which he so improvidently had done. Because (saith he, marke the dissimulation of Princes even in Parliaments) We never really consented to the making of such Statutes, but as then it beloved Vs, WEE DISSEMBLED IN THE PREMISES: by Protestations of revocations, if indeed they should proceed to secure the Dangers, which By the Denying of the same we feared to come, for as much as the said Parliament otherwise had beene without any illegible in illegible dissolved, and so our earnest businesse had likely illegible which God prohibit illegible And the said pretensed Statute, we promised then to be sealed; But illegible the Statute did not of our owne free will proceed, it seemed to the illegible Barons, and other wise men, with whom wee have treated thereupon, The saze should be voide, and ought not to have the Name nor Strength of a Statute: And therefore by their Counsell and illegible We have Decreed the said Statute to be void, and the same in as much as it proceeded of deed, we have brought to be anulled. And the same we doe onely to the conservation and redintegration of the Rights of our Crowne, as we be bound, and not that we should in any wise aggravate or oppresse our Subjects whom wee desire to rule by lenity and gentlenesse. And thus his Stablishing of these Lawes, for Him and his Heires, firmely to be holden and kept for illegible was turned into an estate at will, determined as soone as granted. By which pretence of Dissimulation, of a consent to Acts, yet not free, but sained onely to accomplish his owne ends, and of preserving and redintegrating the Rights of the Crowne; how easily may any King, (and how oft have many Kings, actually, though not Legally) invallid and illegible all Acts they have passed for the Subjects benefit, as soone as they are made by Parliaments? What weake assurances then are Lawes alone, to binde Princes hands, or secure Subjects Liberties, let all wise men judge.

If then the ignorant vulgar will be deceived with these specious fruitlesse Protestations, and the bare grant only of some good Laws (already highly violated) without any apparent intention to observe them; yet most presume the great Counsell of the Kingdome (which in so many printed Declarations hath informed the Subjects of the premises, to make them cautious, and vigilant against all such circumventions) wil not be so easily over-reached, and find better assurances before they trust too far.

Fourthly, admit (say some) His Majesties Protestations and Promises upon the hoped accommodation should he reall, (w ch the sending abroad of his Forces, West, South, North, at this very instant of Treating makes most doubt,) yet the sway of ill Counsellors about him, more prevalent with, more trusted by him, at this present then his grandest Counsell, the Parliament: the Potencie of the Queene; the great merits of her Grace Papists (who will not be more modest with the King, then they are with God himselfe, in challenging rewards ex debito, for service done unto him) the deserts of divers Malignants about the King, who will challenge all places of trust from his Majestie, as a just reward for their faithfull service; as they did in Henry the illegible his raigne, when * Mathew Paris complained, and the whole Kingdome with him, in this manner, Judicia committuntur injustis; leges exlegibus, illegible discordantibus, justitia injuriosis, c. Who when they have all power and offices shared among them, will be illegible to meditate and act revenge on the primest of their Parliamentary Opposites, to oppresse and fleece the Subjects to repaire their illegible their expences in this warre, or their poore decayed fortunes. All these with other such like probable subsequent considerations, may instly plead the inconvenience, and great danger to Parliament and Kingdome, to make an absolute present surrender illegible the Militia, Forts, Navie, ammunition into such untrusty hands, as are likely to turne them all against them, and to procve mischeivous, if not pernicious, unto both for the premised reasons; * Pestifera vis est valere ad nocendum; especially if it illegible in Malignant hands. A nd here, to avoyd all misinterpretations of this impartiall discourse, I seriously protest; that as I heartily desire and constantly endeavour a illegible safe, cordiall vnion between King, Parliament, People; so have I most unwillingly been necessitated to repeat the premised objections, much feared designes, and experimentall contradictions betweene many late Protestations and actions, ( illegible in Parliamentary Declarations, new printed Pamphlets, and most mens mouthes; not out of any disloyall seditious intention (as some will maliciously mis-conster it) to staine his Maiesties Reputation with his people, and make the breach between them incurable, that they may never trust one another more; but onely faithfully illegible demonstrate to his Highnesse and all about him, the great disservice and impoliticle pernicious advise of those ill Counsellors, who have most unhappily engaged illegible in such pernicious proiects and frequent repugnances of workes and words, illegible have given both Parliament and people, a more then colourable, if not iust occasion to distrust his Maiesties gracious words and promises for the present, till illegible shall visibly discerne them, more punctually observed, and reallized for the future; and made them so unhappy on the one hand, that now they dare not trust his Majesty so farre forth as they desire, out of a provident care of their owne future security, and His Highnesse so unfortunate on the other hand, as to grow jealous of their Loyalties, because they will not confide in his Royall Faith and Protestations, so illegible as he expects, out of a care to preserue his owne Kingly Honour. In this unhappy diffidence (occasioned onely by His Majesties evill Counsell) betweene King and Kingdome, a reall future renouncing of all forenamed suspected designes, illegible actuall performance of all Regall promises, will be the onely meanes to cure all illegible banish all feares, remove all diffidences; and beget an assured trust, illegible peace, and lasting unity between King and Subjects, to their mutuall unexpressible felicity; which I shall dayly imprecate the God of Peace, speedily to accomplish, illegible to returne to the matter in hand.

Secondly, It is conceived by many indifferent men, to be farre more reasonable and safe both for King and Kingdome (as things now stand) that the Militia, Ports, c. till our feares and jealousies be quite removed, should remaine in the Parliaments hands, then in the Kings alone: which they thus demonstrate.

First, Because all these * are the Kingdomes is right, properly, use; not the Kings; Who being but the Kingdomes Royall publicke Servant, may with Honour and better reason deliver up the Custody of them to the representative Body of the Kingdome for a season, then detaine them from them, when they require it. Secondly, Because the Parliament is the Superiour Soveraigne power, the King but the Ministeriall; and it is more rationall and just, that the inferiour should condiscend to the greater Power, the Ministeriall to those hee serves, then they to him. Thirdly, Many men of Honour and fidelity are more to be trusted and credited, then any one man whatsoever, because not so mutable, so subject to seduction, corruption, errour, or selfe-ends as one, or very few. This is the true reason, there are many Iudges in all Courts of Iustice; most select Members in the highest Court of all, the Parliament, (as there * was in the Roman Senate, in Foraigne Parliaments, in Nationall and Generall Councels; because Courts of greatest trust and power) many being more trusty and Juditious then one, or a few; Whence Solemon doubles this resolution, * In the multude of Counsellors there is safety; yea, * illegible (saith illegible ) are letter then one, in point of trust; whence wise men of great estates make many I illegible , or Executors, and seldome doe cofide in one alone, The Parliament therfore being many, and the King but one, are most to be confided in by the Kingdome, Fourthly, Kings have frequently broke their Faith and Trust with their Parliaments and Kingdomes; Parliaments seldome or never violated their trust to King or Kingdome; therefore its more just, lesse dangerous for King and Kingdome to trust the Parliament, then the King.

Fiftly, The Parliament is elective, consisting for the most part of the principall men in every County, City, Burrough, in whom the people who elected them, most conside; The King successive, not Elective. Therefore not so much consided in by the Kingdome, as the Parliament. Sixtly, The Parliament being the great Counsell both of King and Kingdome, consisting of the ablest men of all Counties; is better able to judge and make choyce of fit persons to manage and keep the premises for the publike safety, then the King alone, without their advise. Seventhly, The Parliament heretofore hath elected the greatest Officers of the Kingdome, (yea the King himselfe, when the Title to the Crowne hath been doubtfull, the inheritance and discent whereof hath in all or most Princes raignes, * beene constantly guided and setled by the Parliament, as I have formerly proved) because it most concernes the weal or woe; the peace safety of the Realme to have trusty Officers; Therefore by the selfe-same reason they should for the present appoint all Officers for the custody and ordering of the Premises. Eightly, The Kings trusting the Parliament with these things for a convenient time, wil be the only meanes to remove the peoples feares, prevent their dangers, quiet their mindes, beget a perfect vnity and amity between King, Parliament, Subject, and prevent all future differences: whereas the present resigning of them to his Majesties trust and power, will but augment their jealousies, feares, dangers, discontents; and neither pacific former differences, nor prevent future, but rather perpetuate and beget them; especially if any notorious Papists, Malignants (the likeliest men to be imployed vnder his Maiesty) be trusted with any of the premises, which will endanger both Liberties and Religion; of which there will be no feare at all, if the Parliament and such as they shall nominate be the onely Trustees. In fine, If neither King nor Parliament dare trust one the other alone with the premises, and it is neither Royall, nor Honourable as many beleev for the King to trust the Parliament now alone, with these, who in their * Declarations never desired, but professed the contrary, that the chiefest command of the Militia when indifferent Officers were appointed, should still reside in his Majesty, in as ample manner as before; there is no other equall, honourable, just, impartiall, probable way left to secure or accord both parties in this particular, but onely to commit the premises for a convenient time, to the custody of such trusty persons, nominated by the Parliament to the King, or by the King to the Parliament, as both sides ioyntly shall allow of, and by a speciall Bill to prescribe them such an Oath, as shall oblige them, to keep and imploy them onely for the ioynt use of King, Kingdome, and Parliament, by the joynt direction of King and Parliament, and not by the single warrant or command of either of them, whiles this Parliament continues; Vnder paine of High Treason, both against the King and Kingdome.

I shall close up this obiection with the words of Seneca, * Securitas securitate mutua paciscenda est: Errat enim si quis existimet tutum esse Regem, vbi nihil a rege tutum est. Vnum est inexpugnabile munimentum, Amor Ciuium; which the King shall then be sure of, when he takes up this resolution; Non rempublicam, suam esse, sed se Reipublicæ: and shall really trust the Kingdome and Parliament as much, as farre forth, as he expects or desires they should trust him.

The Parliaments Right to Elect Privie Counsellors, Great Officers, and Judges.

THe third grand Complaint of the King and Royalists, against this Parliament is: a That they take upon them a power to recommend and nominate to the King his Privie Councellors, Judges, with other great Officers of State; demanding, that none of them may hereafter (especially during Parliaments, be ordained by his Majestie, but by their Nomination or advice. A great affront, an intollerable encroachment on the Prerogative Royall, as is pretended.

This lowd clamor against the Parliament, if seriously examined, will speedily vanish into nothing. For; first, it is b already cleared, ( c and Fortiscue so resolves) That Kings themselves (the highest Officers and illegible in their kingdomes) were both created and elected at first, by the free generall votes of their people; from whom alone they received all their Royall Authoritie, having still no other, for greater lawfull power then they conferred on them, (onely for the defence of their Lawes, persons, Liberties, Estates, and the Republiques welfare:) which they may regulate, augment, or diminish, for the Common good as they see just cause. Therefore doubtlesse the people who thus created and elected their Kings at first, did likewise constitute, and elect all publike Councellors, Officers, Iudges, Ministers of the State, giving both being and bounds to their severall Offices and Iurisdictions by publicke Lawes; which is most apparent not onely in the d Roman, e Lacedæmonian and other Kingdomes, but our owne to, by infinite Acts of Parliament creating, regulating and limiting the power and proceedings not onely of our Kings, but of their Counsellours, Chauncellors, Treasurers, Keepers of the Great Scale and privie Seale, high Stewards, Admiralls, Marshalls, Masters of the Horse, Presidents of the Marches, and of York, Masters and other Officers of the Court of Wards, Iudges, and Iustices of all Courts, all kinds; Sherifs, Coroners, Customers, Searchers, Escheators, and all other Temporall or Ecclesiasticall publicke Officers: the right of whose elections remaining originally in the kingdome, and Parliament representing it, was never yet irrevocably or totally transferred by them to the King, by any publicke acts that I have seene: and therefore when they see just cause, they may make use of this their primitive inherent right of Election, without any recall incroachment on the Kings Prerogative.

Secondly, I have already proved, that the f Heretochs, Leiutenants Generall, and Sherifs (as likewise the Conservators of the Peace) in every County through the Realme, were antiently elected onely by the Parliament and People, not the King, (though they had the custody, power, Command of the whole County,) without any impeachment to the Prerogative Royall; why then may not these other publicke Officers of the estate be thus nominated and chosen by the Parliament likewise, without any just exception or illegible

Thirdly, All g Coroners, Majors, Sherifs, Baylifs, Aldermen, Recorders of London Yorke, Bristoll, and generally of all Cities, Townes, and Burroughs throughout the Kingdome (which have the chiefe Government of these Corporations) Verderers of the Forrest, Constables and other officers, have ever anciently, and are still at this day elected onely by the People, not the King; Yea all Arch-bishops, Bishops, Abbots, Priors, with other Ecclesiasticall Officers, who were formerly Peers and members of the Parliament, and Rulers in the Church, were anciently chosen, not by the King himselfe, but onely by the Clergie and people, as sundry h Presidents and i Statutes manifest, and the illegible illegible at this day for the Election or new Bishops, more then intimate: and all this without the least violation of the Kings Prerogative: why then may not the Parliament nominate all those publike Officers to the King by Parallell Reason, without Ecclipsing his Prerogative?

j l Fourthly, The Knights, Citizens, and illegible of the Kings and Kingdomes greatest Court and Councell, the Parliament, (the k supreamest Counsellors and Iudges of all others, to whom all other Courts, Counsellors, Officers, Iudges, are responsible for their actions, Iudgements, advice;) have alwayes of right beene, and yet are elected onely by the Free, holders and Commons of the Realme: yea all the members of the Lords house, though sommoned thither by the Kings Writ, and not elected; sit there of right (not of grace, or the Kings free choyse) by the fundamentall Lawes and Constitutions of the Realme; neither can the King by his absolute Prerogative, elect any member of the Commons House, or exclude any member of it, or Peere of the Upper House (who by vertue of his Peerage ought to sit there) without the Houses consents: for then, if he might elect, illegible exclude one, he might like wise chuse and illegible more, yea most of them, by like reason, at his pleasure; and so subvert the subjects Priviledges, and by a Packed Parliament impose what Lawes or Taxes he would on his people, to their slavery and ruine. Which freedome of the subjects Election, and all Lords Summons is so essentiall and necessary to Parliaments, that the Parliaments of illegible 1. R. illegible at Westminster, and of 38. H. 6. at Coventry, were by the Parliaments of 1. H. 4. c. 3. 4. No. 21. 22. and 39. H. 6. c. 1. adjudged and declared to be voyd and no Parliaments as all, but unlawfull, yea devillish Assemblies, and Ordinances, for this very Reason; because in the first of them, the Knights were not duly elected by the Commons according to Law and illegible but by the Kings pleasure; and the Lords onely of the Kings illegible (contrary to right and reason) illegible to it: (by meanes illegible Will, illegible ruled for reason, men alive were condemned without examination; men dead and put in execution by privie murther, were adjudged openly to dye, others illegible without answer, an Earle arraigned, not suffered to plead his pardon, c.) and because the latter of them by m divers sedi illegible evilled sposed persons about the King was unduly sommoned, onely to destroy some of the great Nobles, faithfull and Lawfull Lords, and other faithfull leige people of the Realme out of hatred and malice, which the illegible persons of long time had against them: and a great part of the Knights for divers Counties of the Realme, and many illegible and Citizens for divers Burroughs and Cities appearing in the same, were illegible returned and accepted, sorse of them without illegible and free Election, some of them without any Election by meanes and labour of the sayd seditious persons, against the course of the Lawes, and Liberties of the Commons of the Realize; whereby many great Ieopardies, Enormities, and Inconveniences, wel-nigh to the ruine, decay, and subversion of the Realme, ensued, If then the grand Councellors and Iudges of this highest Courrare and ought to be elected onely by the Commons, not the King, because they are to consult, and make Lawes for the Kingdomes welfare, safety, government, in which the Realme is more concerned then the King; and Bishops, Abbott and Priors likewise, whiles members of the Lords House of Parliament were chosen by the Clergie, People, Commons not the King: by semblable, or better reason, the whole State in Parliament when they see just cause, may claime the nomination of all publike Officers of the Kingdome, (being as much or more the Kingdomes Officers as the Kings, and as n responsible to the Parliament as to the King, for their misdemeanors in their places) without any diminution of the Kings Prerogative.

Fiftly, the Parliament consisting of the most o Honorable, Wise, Grave, and discreetest persons of all parts of the Kingdome, are best able clearely and impartially to Iudge, who are the fittest, ablest, faithfullest, most deserving men to manage all these publike Offices for the Kings, the Kingdomes honour and advantage, better then either the King himselfe, his Cabinet-Counsell, or any unconsiderable Privadoes, Courtiers, Favorites; (who now usually recommend men to these places more for their owne private ends and interests, then the Kings or Kingdomes benefit;) therefore it is but just and equitable that they should have the principall nomination and recommendation of them to the King, rather than any others whomsoever; and that the King should rather confide hereinto their unbiassed Indgements, then to his most powerfull trustiest Minions; who would out the Parliament of this just priviledge, that they might unjustly engrosse it to themselves; and none might mount to any places of publike trust, but by their deare-purchased private Recommendations; the cause of so many unworthy, untrusty, corrupt publicke Officers and Iudges of late times, who have (as p much as in them lay) endeavoured to enslave both us and our posterities by publike illegall Resolutions against their oathes and Consciences.

Sixthly, Though our Kings have usually enjoyed the choyce of Iudges and State Officers, especially out of Parliament time; yet this hath beene rather by the Parliaments and Peoples permissions, then concessions, and perchance by usurpation, as appeares by Sherifes and Lieutenants of Counties Elections, now claimed by the King, though anciently the Subjects right, as I have proved. And if so, a Title gained onely by Connivance, or Vsurpation, can be no good pleain Barre against the Parliaments Interest, when there is cause to claime it: however; the Kings best Title to elect these publike Officers, is onely by an ancient trust reposed in his Predecessors and him, by the Parliament and kingdome, with this tacit condition in Law (which * Listleton himselfe resolves is annexed to all Officers of trust whatsoever) that he shall well and lawfully discharge this trust, in electing such Counsellors, Officers, and Iudges as shall be faithfull to the Republicke and promote the subjects good and safety. If then the King at any time shall breake or pervert this trust, by electing such great Counsellors, Officers, and Iudges as shall willingly betray his Subjects Liberties, Properties, subvert all Lawes, foment and prosecute many desperate oppressing Projects to ruine or inthrall the Kingdome, undermine Religion, and the like (as many such have beene advanced of late yeares;) no doubt the Parliament in such cases as these; may justly regulate, or resume that trust so farre into their owne hands, as to recommend able, faithfull persons to these publike places, for the future, without any injury to the Kings Authority. It was a strange opinion of Hugh Spencers (great favorites to King Edward the second) which they put into a Bill in writing. q That homage and the Oath of Allegiance is more by reason of the Crowne, then by reason of the person of the King, and is more bound to the Crowne then to the person; which appeares, because that before the descent of the Crowne, no Allegiance is due to the person. Therefore put case the King will not discharge his trust well, according to reason in right of his Crowne; his Subjects are bound by the Oath made to the Crowne, to reforme the King and state of the Crowne, because else they could not performe their Oath. Now it may (say they) be demanded, how the King ought to be reformed? By suite of Law, or by asperity? By suite at Law, a man can have no redresse at all, for a man can have no Iudge, but those who are of the Kings party: In which case, if the will of the King be not according to reason, he shall have nothing but errour maintained and illegible , Therefore it behoveth for saving the Oath, when the King will not redresse a thing, and remove what is evill for the Common people, and prejudicall to the Crowne, that the thing ought to be reformed by force, because the King is bound by his oath to governe his Lieges and people, and his Leiges are bound to governe in ayde of him, and in default of him. Whereupon, these Spencers, of their owne private Authority, tooke upon them by Usu pation the sole government both of King and Kingdome, uffering none of the Peeres of the Realme, or the Kings good Counsellors, appointed by the Stage, to come neere him to give him good counsell, not permitting the King so much as to speake to them but in their presence. But let this their opinion and private unlawfull practise, be what it will; yet no doubt it is lawfull for the whole State in Parliament, to take course, that this part of the Kings Royall trust (the chusing of good publike Counsellors, Officers, Iudges, which much concernes the Republike) be faithfully discharged, by recommending such persons of quality, integrity, and ability to all publike places of trust and judicature, as both King and Kingdome may confide in; which will be so farre from depressing, that it will infinitely advance both the Kings Honour, Iustice, profit, and the Kingdomes to.

Seventhly, It is undeniable, that the Counsellors, Iudges, Officers of the Kingdome, are as well the Kingdomes, Counsellors, Officers, and Iudges as the Kings, yea more the Kingdomes than the Kings, because the Kings but for the Kingdomes service and benefit. This is evident by the Statute of 14. E. 3. c. 5. which enacts; that as well the Chauncellor, Treasurer, Keeper of the Privie Seale, the Justices of the one Bench and of the other, the Chauncellour and Barons of the Eschequer, as Justices assigned, and all they that doe meddle in the sail places under them shall make an Oath, well and lawfully to SERVE the King and HIS PEOPLE, in THEIR OFFICES: which Oath was afterward enlarged by 15. E. 3. c. 3. 18. E. 3. Stat illegible 20. E. 3. c. 1. 2. 3. 1. R. 2. c. 2. swearing and injoyning them: To doe even Law, and ex cution of right to all the Subjects rich and poore, without having respect to any person, c. And if any of them doe, or come against any point of the great Charter, or other Statutes or the Lawes of the Land, by the Statute of 15. E. 3. c. 3. he shall answer to the Parliament, as well at the Kings suite, as at the suite of the party. Seeing then they are as well the Kingdomes Counsellors, Officers, Iudges, as the Kings, and accountable responsible for their misdemeanors in their places, as well to the Parliament and Kingdome as to the King, great reason is there, that the Parliament, Kingdome (especially when they see just cause) should have a voyce in their elections, as well as the King. The rather, because when our Kings have beene negligent in punishing evill Councellours, Officers, Iudges, our Parliaments out of their care of the publike good, have in most Kings raignes, both justly questioned, arraigned, displaced, and sometimes adjudged to death the Kings greatest Councellors, Officers, and Iudges for their misdemeanors: witnesse the displacing banishing of William ( r ) Longcham Bishop of Ely, Lord Chauncellour, chiefe Justice, and Regent of the Realme in Richard the 1. his Reigne; Of s Sir Thomas Wayland chiefe Justice of the illegible , attainted of illegible and banished for bribery by the Parliament, 18. Ed. 1. the severall illegible of Piers. Gaveston and the 2. Spensers (the Kings greatest favorites, Officers, Counsellors) for seducing miscounselling King c Edward the second, oppressing the Subjects, and wasting the Kings revenues, the removall and condemnation of f Sir William Thorpe, chiefe Iustice of the Kings Bench, for Bribery, 25. E. 3. the fineing and displacing of g Michael de la Pole Lord illegible Alexander Nesell, and divers other great Officers, and Privia Counsellors, with the condemning, executing, and banishing of Tresilian, Belknap, and other Iudges, in 10. 11. Rich. 2. by Parliament, for ill Counsell, and giving their opinions at Nottingham against Law. Of h Empson, Dudley, and that grand Cardinall Wolsy, Lord Chancellor, and the Kings chiefest Favorite and Counsellour, in Henry the eight his Ragne: Of the Duke of Sommerset Lord Protector, and his Brother, Lord Admitall, for supposed Treasons in Edward the 6 th . his Raigne; Of Sir Francis Bacon Lord Keeper, and Cranfield Lord Treasurer, in King illegible his latter dayes; with insinite other presidents of former and latter ages; and one more remarkable then all the rest: i In the Yeare 1371. (the 45. of King Edward the 3 d . his Raigne) and somewhat before, the Prelates and Clergy-men had ingrossed most of the Temporall Offices into their hands; Simon Langham Archbishop of Canterbury, being Lord Chancellour of England, Iohn Bishop of Bath, Lord Treasurer, William illegible Archdeacon of Lincolne, Keeper of the Privie illegible , David Wolley Master of the Rolles, Iohn Troy Treasurer of Ireland, Robert Caldwell Clerke of the Kings Houshold, William Bugbrig generall Receiver of the Dutchy of Lancaster, William Ashbey Chancellor of the Exchequer, Iohn Newneham and William de Mulso Chamberlaines of the Exchequer, and keepers of the Kings Treasury and Iewe’s; Iohn illegible by Clerke and Comptroller of the Kings works and Buildings, Roger Barnburgh, and 7. Priests more, Clerkes of the Kings Chancery, Richard Chesterfield the Kings under-Treasurer, Thomas Brantingham Treasurer of illegible , Merke, and Gelis; All these Clergiemen (who abounded with plutalities of rich Spirituall Livings, though they Monopolized all these temporall Offices) in the Parliament of 45. Edward the 3 d . by a Potition and Complaint of the Lords, were dispaced at once from these effices (no waies sutable with their functions) and Laymen substituted in their places: And a like k president I find about 3. Henr. 3 d . where the Clergy Lord Chancellor, Treasurer, with other Officers were removed, illegible a Petition against them, and their Offices committed to Temporall men, whom they better beseemed. If then the Parliament in all Ages hath thus displaced and censured the greatest Counsellours, State-Officers, Iudges for their misdemeanours, ill Counsell, insufficiency, and unfitnesse for these places, (contrary to that twice condemned false opinion, of the over-awed Iudges at Nottingham in 11. R 2. * That the Lords and Commons might not with illegible the Kings will impeach the Kings Officers and Justices upon their illegible in Parliament, and he that did contrary was to be punished as a Traitor; ) and that upon this very ground, that they are the Kingdomes Counsellors, Officers and Iustices, as well as the Kings, and so responsible to the Parliament and Kingdome for their faults. I see no cause why they may not by like reason and authority, nominate and place better Officers, Counsellours, Iudges in their steeds, or recommend such to the King, when and where they see just cause.

Eightly, l John Bodin a grand Polititian, truely determines and prooves at large, That it is not the right of eléction of great Officers, which declareth the right of Soveraignty, because this oft is, and may be in the Subjects, but the Princes approbation; and confirmation of them when they are chosen, without which they have no power at all. It can then be no usurpation at all in the Parliament upon the Kings Prerogative, to nominate or elect his Counsellors, great Officers, and Iudges, or recommend meet persons to him (which is all they require) so long as they leave him a Power to approve and ratifie them by Writs or speciall Patents, in case hee cannot justly except against them; Of which power they never attempted to divest his Majestie, though hee be illegible absoloute, but onely a politike King, m as Fortescue demonstrates,

Ninthly, It hath beene, and yet is usuall in most Forraigne Kingdomes, for the Senate and people to elect their publike Officers and Magistrates, without any diminution to their Kings Prerogative. In n the Roman State, that people and Senate not onely constantly elected their Kings and Empereurs, but all their other grand publike Officers and Magistrates, ( as illegible Tribunes, Dictators, illegible illegible illegible the like ) were elected by the people; who prescribed them Lawes, Oathes, and had illegible to question, to punish, illegible and censure them when they offended. o Solon and Aristotle, with other great Politicians, debating this Question; Whether the illegible of electing and illegible the Magistrates, and chief. Officers ought to reside in the people! Conclude affirmatively, That it is most necessary and convenience this power should illegible in the people; because else the people shall become both the servants and enemies of then Princes, if they have not this power; and because all the people together are more considerable, and better able to judge of the goodnesse and fitnesse of Magistrates for them then any few select particular men, which are more apt to be seduced with by ends, illegible a maltitude. Whence, among the Lacedemonians, and in most Kingdomes and Republicks in Greece, the people had both the election, yea and correction of their Magistrates and chiefe State officers, as they manifest. In the Kingdome of p Aragon, illegible Spaine, their ancient Suparbiense illegible , their illegible Aragoniæ, and illegible illegible (who are their principall Magistrates, Great Counsell of State, and illegible Counsellours to their King both in illegible and Peace; having power over their Kings themselves, to examine and censure all their illegible and remove them if there because; ) with all their Members, Knights, and Burgesses, of their Parliaments; (held formerly once a yeare, but now once every second yeare, by fixed Lawes;) anciently were and illegible this day are elected by the People, and not the King. In q the Germane Empire, the Electorship, illegible and all great Offices of State, are hereditary and illegible not chosen by the Emperor: and the greatest part of inferiour Magistrates, are illegible in most Provinces and Cities by the people. In r Hungary, the great Palatine, the chiefest Officer of that Kingdome, next to the King himselfe, who at home determineth and judgeth all differences betweene the King and Subjects, according to the Lawes of that Realme ( illegible ) and during the interregnum, hath right to lummon Parliaments, and generall assemblies of the Estates; yea, the chiefe hand and power in electing a new King; and the Soveraigne command in the Warres, illegible (as illegible illegible writes) is elected by the States and Parliament of Hungary, not the King. * And in this manner Bethrius was elected Palatine in a full assembly of the States, Senatus, illegible consensu, Anno Dom 1517. and the illegible : put by. In * Venice, the Senare and people chuse all the great publike Officers, not the Duke. In * Poland (where the King is elective) by the Law of Sigismond Augustus, all the Magistrates of every Country were to be chosen, by the particular States of every Government, * and so they are now. In Denmarke, and Sweden, and illegible the Kings themselves are Elective by the States and people, and most of their publike Officers too. When t Rome and Italy were under the illegible Kings, they still elected their publike Officers, as is evident by King illegible Letter of approbation of their Election, in these Words, Out consent, illegible end Fathers, doth illegible your judgement. In u Scotland, Anno 1295. the Scots in King Iohn Bayliols Raigne, considering his simplicitie and illegible elected them 12, Peeres, after the manner of France: (to wit) 4. Bishops, 4. Earles, and 4. Lords, by whose counsell the King ought to Governe the Realme, and by whose ordination all the affaires of the Kingdome should be directed; which was principally done in affront of King Edward the first, by whom this Iohn was made King of Scotland, in some sort against the Scots good liking; some of them secretly murmuring against it. In France it selfe, where the King (as x some thinke, and write, is as absolute Monarch, ) the greatest publicke Officers anciently, have sometimes beene Elected by the Three Estates of Parliament. y Anno 1253. The States of France, Elected the Earle of Leycester their Grand Senesch all, and chiefe Counsellour of State to advise them, and their desolate estate, what to doe. z In the Yeare 1324. Arthur Duke of Britaine was chosen Constable of France, by the voice of all the Peeres, of the Great Counsell, and Parliament; and thereupon was admitted to that Grand Office. a In the Yeare 1357. the 7 th . of King Iohn of France, the Archbishop of Roan, Chancellour of France, Sir Simon de Bury, chiefe Counsellour of the King and of the Parliament, Sir Robert de Lorize, Chamberlaine to the King, Sir Nicholas Brake, master of the Kings Pallace, Eguerrain, Burges of Paris, and Vnder-Treasurer of France, John Priest, Soveraigne-Master of the Money, and Master of the Accounts of the King, and Iohn illegible Treasurer of the Kings Warres, were all complained of by the Three Estates of France, assembledin Parliament, for misguiding the King and Realme, their goods consiscated to the King, themselves removed from these Offices, and others elected in their places by the States. In b the Yeare 1408 by a Law made in the Parliament at Paris, it was Decreed, That the Officers of the High Court of Parliament should be made by the Parliaments Election, and those then illegible were so; which Law was againe revived by King Lewis the 11 th . in the Yeare 1465. And after him in the time of Charles the 8 th . not onely the Presidents, the Kings Counsellors and Advocates were made by election, but even the Kings Atturney Generall (the onely man of all the body of the Court, that oweth not Oath but to King onely) was chosen by the illegible of the Court, in the Yeare 1496. though their Letters of Provision and confirmation of their Election then were, and yet are illegible granted by the King. About the c Yeare 1380, the Earle of Flanders exacting illegible Customes and Taxes from his Subjects, contrary to their Liberties, they illegible expelled him, with all his Family and Counsellors out of their Countrey, And refused upon any termes to submit to his Government, unlesse illegible would remove all his illegible Counsellours from him, and deliver them into their hands to bee punished, illegible recipere SOLVM VELIT CONSILIARIOS EX COMMUNIS VULGI DECRETO, and would receive such Counsellours onely illegible his people illegible common decree should assigne him; which he was constrained, sore against illegible will, to condescend too, ere they would restore him Since then the election of the Counsellours, Magistrates, Iudges, and Prime Officers of State in most other Kingdomes, have beene thus elected by the people and Parliaments without any enchroachments upon their Kings just Regalities; Why our Parliament now may not claime and enjoy the like Priviledge, without any impeachment of the Kings just Prerogative? Transcends my understanding to conceive.

Finally, our owne Parliaments in most Kings Raignes, have both claimed and enloyed this power of Electing Privie Counsellours, Chancellors, Treasurers, Iudges, illegible other great Officers of State, and created some new Officers of farre higher illegible and power (to governe both King and Kingdome) then any the Parliament desires, illegible are in truth fitting for them to create unlesse in cases of absolute necessitie, to illegible the Kingdomes utter ruine. To give you some few principall instances of many. In the d Yeare 1214. the 16. Yeare of King Iohns raigne, in a Parliament held illegible Ruaning-Meade, neare Windsor, for the setling and securing of Magna Charta, at other the Subjects Lawes and Liberties formerly granted by Henry the 1. it was a greed by King Iohn, and Enacted, That there should be 25. Barons chosen, such a the Lords would, who should to their uttermost power cause the same to be held and illegible served. And that if either the King or his Justiciar should trangresse in any Articles the Lawes, and the offences shewed, 4. Barons of the 25. should come to the King, or his absence out of the Kingdome, to the chiefe Iusticiar, and declare the excesse, requiring without delay, redresse for the same; which if not made within 40. daies after illegible declaration, those 4. Barons should reforre the cause to the rest of the 25. who with illegible Commons of the Land, might distraine and inforce the King by all meanes they could ( illegible seising upon his Castles, Lands, and Possessions, or other goods; his Person excepted and that of his Queene and Children, ) till amends be made according to their Arbitration. And that whosoever would should take their Oath for the execution hereof, and obey to Commandement of the 25. Barans herein without prohibition. And if any of them disented, or could not asserable; the Major part, to have the same power of proceedings. Hereupon there are 25. Barons chosen to be Conservators of Magna Charta, illegible the Subjects Priviledges (whose names you may read in Mathew Paris ) who by the Kings Consent, tooke an Oath upon their soules; that they would keepe these illegible with all diligence, and Compell the King, if he should chance to repent (as he illegible soone after) to observe them: Which done, all the rest of the Lords, then likewise tooke another Oath, to assist and obey the Commands of those five and twenty illegible In the Yeare 1221. e Hugh de Burgh, was made the Protector, or Guardian of the Realme, illegible Parliament, held at Oxford. In the Yeare 1222. I reade in f Methew Paris, and others, that Ralph Nevill Bishop of Chichester, was illegible Keeper of the Great Seale, and Chancellour of England, g by assent of the illegible Kingdome ( in Parliament. ) to wit, in such sort, illegible non deponeretur ab ejusdem illegible custodia, NISI TOTIVS REGNI ORDINANTE CONSENSV CONSILIO, That he should not be deposed from the illegible of the said Seale, but BY THE ORDINANCE, CONSENT illegible COVNSELL OF THE WHOLE REALME. Loe here the greate Officer of the Realme, not onely elected, but confirmed by Parliament, so as illegible to be displaced but by the consent of the whole Realme, whose publicke Office he was. Hereupon King Henry afterward, taking some distaste against Ralfe (because the Monkes of Winchester elected him Bishop of that Sea against his good liking tooke away the Seale from him, and delivered it to Geffrey of the Temple, in the illegible Yeare of his Raigne; but yet he held: his Chancellors place still, and tooke the profits illegible during ali his life; though he refused to take the Seale againe, when the King offered: restore it him, the 23. of his Reigne, Quod per Consilium prædicto Cancellario illegible fuit TOTIUS REGNI. h After which he being restored to the illegible by the Parliament An 1236. this King removed Ralph the Steward of his Houshold with certaine other his Counsellors, and great Officers of his House, from his Counsell, and their Offices; and he likewise most instantly required his Seale from the Bishop of Chichester his Chancellour, who executed his Office unblameably, being pillar of truth in the Court But the Chancellor refused to deliver it, seeing the illegible of the King to exceed the bounds of Modestie; and said, That he could by illegible doe it, Cum illud COMMUNI CONSILIO REGNI SUSCEPISSET, since he had received it by the common Counsell of the Kingdome; wherefore he could not resigne it to any one WITHOVT THE COMMON COVNSEL OF THE REALME; to wit, the Parliament. In the x Yeare 1244. the 28. of Henry the 3 d . his Raigne (the Bishop of Chiehester, that faithfull Stout Chancellour made by Parliament, illegible and the place continuing void for a space) in a Parliament at London, the Lords and Commons complained, That for defect of a Chancellor, divers Writs were granted against Iustice, and they illegible that by THEIR ELECTION a illegible and Chancellour might bee made, by whom the State of the Kingdome might be setled, AS IT WAS ACCOVSTOMED. The King promised to reforme all things himselfe, lest hee might seeme thereto compelled by them: which they gave him a convenient time to effect, and so adjourned; promising to give him an ayde at their next meeting, if in the meane time, he redressed things amisse, according to promise: Which he failing to doe. At their next meeting, They demanded Magna Charta to be confirmed, which they had divers times dearely purchased, and a new Charter to bee made for that purpose, That all the infringers thereof should bee solemnly Excommunicated by the Bishops. And because the King had not hitherto observed the great Charter, notwithstanding his Oa hes and promises, and Saint Edmonds Excommunication against him for infringing it, lest the like danger should happen in after times, and so the last errour be worse then the first, By Common ASSENT they Elected 4. of the most Politicke and discreetest men of all the Realme, Who Should Be Of The Kings Counsell, and sueare, that they would faithfully mannage the affaires of the King and Kingdome, and would administer Iustice to all men, without respect of persons: That these should alwayes follow the King; and if not all, yet two at the least, should be present with him, to heare every mans complaint, and speedily releeve such as suffered wrong. That the Kings Treasury should bee issued by their view and testimonie, and that the money specially granted by all, should be expended for the benefit of the King and Kingdome, in such sort, as should seeme best, and most prositable. And that these shall be Conservators of their Liberties. And that as they Are Chosen by the assent of all, so likewise not any of them should be removed, or deprived of his Office, without Common assent. That one of them being taken away, by the election and assent of the three, another should bee illegible within two moneths. Neither without them, but when there shall be necessitie, and at their Election, may all meet again. That the Writs impetrated against the Law and Customs of the Realme, should be utterly revoked and canceded. That Sentence should be given against the Contradictors. That they should oblige one another to execute all this by a mutuall Oath. That the lusticiar and Chancellor should be chosen by the generall Voices of all the States assembled: and because they ought to be illegible with the King, may be of the number of the Conservators. And if the King by illegible intervement occasion shall take away his Seale from the Chancellor, whatsoever illegible be sealed in the illegible shal be reputed void and frustrate, till illegible of it be made to the Chancellour. That None be substituted Chancellor, or Iusticiar, but by the Vniversall assembly and free assent of all. That Two Iustices may be chosen of the Bench; Two illegible of the Exchequer ordained: And at least One Iustic of the lewes illegible That at this turne All the said Officers should be Made and Constituted by the Common Vniversall and Free Election of All, That like as they were to handle the Businesses of All, illegible in illegible Electunem illegible illegible illegible So likewise For their Election the illegible of all should Concut. And illegible when there shall be need to illegible another in any of the foresaid illegible illegible Substitution shall be made by the Provision and Authority of the illegible illegible aforesaid. That those illegible suspected, and lesse necessary should beremoved illegible king’s side. But whiles these businesses, ever profitable to the Common-wealth, had beene diligently handled by the Lords for three weekes space; the enemic of mankinde, the disturber of peace, the raiser of sedition the devill (as Matthew Paris writes) unhappily hindred all these things by the Popes avarice, through the comming of illegible a new Legate, with a larger power then any ever had before to exact upon the state; the interposition of which businesse in Parliament, where it received a peremptory repulse, tooke up so much time, that the former could not be fully concluded during that Parliament. Whereupon after this, in the yeare 1248. h king Henry calling a generall Parliament at London, to take an effectuall course for the setling of the distractions and grievances of the Realme; therein demanding an ayde; he was grievously reprehended for this, That he was not ashamed then to demand such an ayd, especially because when he last before demanded such an exaction (to which the Nobles in England would hardly assent) he granted by his Charter, that he would no more doe such an injury and grievance to his Nobles; they likewise blamed him for his profuse liberality to forraigners, on whom he wasted his Treasure; for marrying the Nobles of the land against their wills to strangers of base birth; for his base extortions on all sorts of people, his detaining the Lands of Bishops and Abbots long in his hands during vacancies, contrary to his coronation oath, c. But the king was especially grievously blamed by all and every one; who complained not a little, for that Title, as his magnificent Predecessors Kings have had, illegible nec Cancellarium habet, nec illegible per commune consilium Regni provt deceret expediret, he had neither a chiefe Iustice, nor Chancellor, nor Treasurer made, by the Common Councell of the kingdome as it was fitting and expedient; but such who followed his pleasure whatsoever it was, so it were gainefull to him, and such as sought not the promotion of the Common-wealth, but their owne, by collecting money, and procuring Wardships, and Rents, illegible of all to themselves; (A cleare evidence, that these Officers of the kingdome were usually of right created by the Parliament, in this kings and his Ancestors times:) When the king heard this he blushed, being confounded in himselfe, knowing all these things to be most true: he promised therefore most truely and certainely, that he would gladly reforme illegible these things, hoping by such a humiliation, though sained, more readily to incline the hearts of all to his request; To whom, taking councell together, and having beene oft ensnared by such promises; they all gave this answer: This will be seene, and in a short time it will manifestly appeare to all men; therefore we will yet patiently expect; and as the king will carry himselfe towards us, so we will obey him in all things: Whereupon all things were put off and adjourned till 15, dayes after Saint John Baptists feast; But the king in the meane time, obdurated either by his owne spirit, or by his Courtiers, who would not have his power weakned; and being more exasperated against his people, regarded not to make the least reformation in the foresayd excesses, according as he had promised to his leige people, but insteed thereof, when all the Nobles and Parliament met againe at the day prefixed, firmely beleeving that the king, according to promise, would reforme his errors, and follow wholesome councells, gave them this displeasing answer, by his ill Councellours: (from whom his Majesties evill advisers lately borrowed it.) You would, all Ye Primates of England, very uncivilly bind your Lord the king, to your will, and impose on him an over-servile condition, whiles you would impadently deny to him, that which is lawfull to every one of your selves. Verily it is lawfull to every one, to use whose and what councell he listeth. * Moreover it is lawfull to every housholder to preferre to, put by, or depose from this or that office any of his houshold, which yet you rashly presume to deny to, our Lord the king; especially when the servants ought not at all to judge their Lord, nor the vassalls their Prince; nor to restraine him with their conditions; Yea verily, who ever are reputed * inseriours, ought rather to be directed by the pleasure of their Lord, and to be regulated by his will; for the servant is not above his Lord, nor yet the Disciple above his Master. Therefore he should not be as your king, but as your servant, if he should be thus inclined to your will. Wherefore he will neither remove Chancellour, nor justice, nor Treasurer, as you have propounded to him to doe; neither will he substitute others in their places: He likewise gave a cavilling answer to the other Articles though wholsome enough to the king, demanded an ayd to recover his right in forraigne parts. When the Barrons heard this answer, it appeared more cleere then the light, that these things sprung from those ill Councellours, whose weakened power would be utterly blowne up, if the Councell of all the Baronage should be harkened to; Wherefore they all gave this unanimous peremptory answer; That they would grant no ayde at all to impoverish themselves, and strengthen the enemies of the king and kingdome: and so the Parliament being dissolved with indignation, illegible spe illegible à Parliamento frustra diu expectato, illegible illegible sannas cum frivolis, amissis laboribus cum expensis, ut solent illegible , reportarunt. Which when the king had seene he was put into a vehement anger, and said to his Councellours; Behold by you the hearts of my Nobles are turned from me; Behold I am like to lose Gascoigne, illegible is spoyled; and I am destitute of Treasure; What shall I do. Where upon to satisfie him they caused his Plate and Iewels to besold, invented sundry new projects toraise monies. The very * next yeare 1249. the Lords assembling againe at London at the end of Easter pressed the king with his promise made unto them, That the chiefe Iusticiar, Chauncellour, and Treasurer might BE CONSTITVTED BY THE GENERALL CONSENT OF THE KINGDOME; which they most certainely beleeved they should obtaine: but by reason of the absence of Richard Earle of Cornewal, which was thought to be of purpose, they returned frustrate of their desire for that time. * Anno 1254. in another Parliament summoned at London, in Easter Tearme, the Lords and Commons require and claime againe their former Rights in electing the Iusticiar, Chauncellor, and Treasurer, but after much debate the Parliament is proroged, and nothing concluded. But the Lords and Commons would not be thus deluded of their right, which to regaine, they strained their Iurisdiction to an higher Note than ever they had done before. For in the 1 yeare 1258. the Barons seeing the Realme almost destroyed with Taxes, and exactions and Poictouines, to domineere, and rule all things in England, effectually to redresle these grievances, and reforme the State of the Realme, in a Parliament at Oxford, (to which they came very well armed) by advise of some Bishops; among other Articles, they demanded of the king, That such a one should be chiefe Iusticiar who would judge according to Right, c. A nd that 24. (others write 12.) persons (whom Fabian stiles the illegible peeres) should there be chosen, to have the whole administration of the king and state (by reason of the kings former misgovernment) and the yearely appointing of all great illegible ; reserving onely to the king the highest place at meetings, and salutations of honour in publike places. To which A rticles the king, and his sonne Prince Edward, out of feare, not onely assented and subscribed, but likewise tooke a solemne oath to performe them; all the Lords and Bishops taking then the like oath, to hold and maintaine these Articles inviolably; and further they made all that would abide in the kingdome, to sweare also to them; the A rchbishops and Bishops solemnely accursing all such as should Rebell against them Which A rticles the king and his son labouring by force of A rmes to annull, they were not with landing enforced to confirme in three or foure subsequent Parliaments. By vertue of these A rticles enacted thus in P arliament, those Lords not onely removed old shiri fes of Counties appointed by the king, and put in new of their owne chusing; but likewise displaced Philip Lovell the kings Treasurer, with divers Officers of the Exchequer, and sundry of the kings illegible servants, setting others whom the, liked in their places; and made Hugh Bygod, Lord Chiefe Justice, who executed that Office valiantly and justly, illegible illegible illegible jus Regni illegible ; creating likewise a new Chauncellour and removing the old.

After this in a Parliament at London, Anno 1160, they consulted about the electing of new Iustices, and of the Chancellour and Treasurer of England for the following yeare, (these places being made annuall by the former Parliament:) in pursuance illegible , Hugh Bigod his yeare expiring, Hugh Spenser was by the Lords and Paliament appointed to be his successor, and made Lord Chiefe Justice: and likewise Keeper of the Tower of London, by the consent of the King and Barons; and by authority of this Parliament the Abbot of Burgh, succeeded John de Crakedale in the Treasurer illegible , and the Great Scale of England was by them committed to the custody of * Richard the Bishop of Ely. The very next yeare 1261. the Barons, with the consent of the selected Peeres, discharged Hugh Stenser of his chiefe Iusticeship, when his yeare was expired, and substituted Sir Philip Basset in his roome; In which yeere the King appointed Iustices of Eyre through England, without the Lords, contrary to the Provisions of the Parliament at Oxford: they comming to Hereford to keepe a Sessions there, and sommoning the County to appeare before them on Hockeday, divers chiefe men of those parts, who sided with the Barrons assembled together, and strictly commanded those Iudges not to presume to sit, against the Ordinances of Oxford; neither would any other of the people answere them in any thing: whereupon acquainting the King with this opposition, they departed thence without doing ought: and the King making this yeare new Shiriefs in every County, displacing those the Baronshad made; the inhabitants of each County hereupon manfully repulsed them, and would not obey, nor regard, nor answere them in any thing; whereat the King was much vexed in minde: and upon a seeming shew of reconciliation to the Barons, going to Dover, and illegible Castles (committed to the Barons custody for the Kingdomes safety) they permitted him to enter peaceably into them without any resistance: Vpon which, minding to breake his former oathes for the keeping of the Oxford Articles, he first illegible upon these and other Castles, and then comming to Winchester Castle where he had free entrance permitted him by the Barors (who suspected no ill dealing) he tooke it into his owne custody; whether he called to him the Chiefe Justice illegible Chauncellor, not long before made that yeare, by the Barons; commanding them to deliver up the Seale and Iustices Roles unto him; who answered, that they could by no meanes doe it, without the Barons consent and pleasure concurring with the Kings: with which answere the King being moved, presently without consalting with the illegible , made Walter Merton Chauncellour, and the Lord Philip Basset Chiefe Iustice to him and the Kingdome; removing those the Birons had appointed from those and other places. Which the Barons hearing of, considering that this was contrary to illegible and their illegible , and fearing least if the King should thus illegible , he would illegible subvort the statutes of Oxford; thereupon they posted to the King, illegible with armes and ower, and charged him with the breach of his illegible ; forcing him at last to come to an agreement with them; which the King soone violating; the Barrons and he raised great Forces, met and fought a bloody battle at Lewes in Sussex; where after the losse of 20000 men, the King and his sonne Prince Edward, with sundry Lords of his party were taken and brought Prisoners to London: where all the Prelates, Earles, and Barons, meeting in Parliament ( Anno 1265 as Matthew Westminster computes it) made new Ordinances for the Government of the Realme; appointing among other things, that 2 Earles, and one Bishop elected by the Commons should chuse 9 other persors, of which 3 should still assist the King, and by the Councell of those three and the other nine, all things should be ordered, as well in the Kings House as in the Kingdome, and that the King should have no power at all to doe any thing without their Councell and assent, or at least without the advise of 3. of them. To which Articles the King ( by reason of menaces to him, to elect another King ) and Prince Edward ( for illegible of perpetuall Imprisonment if they consented not ) were enforced to assent; all the Bishops, Earles, and Barrons consenting to them, and setting their seales to the instrument wherein these Articles were conteined. After which the Earle of Leicester and his two sonnes, being 3. of the 12. divided all the Kings Castles and strong holds betweene them, and bestowed all the chiefe Offices in the Kings house, upon his Capitall enemies; which illegible disloyall carriage of theirs, much offended not onely the King and Prince, but the Earle of Glocester and other of the Barons; so that they fell off from the Earle to the King and Prince, and in a battle at Enshame slew the Earle, and most of his Partifans; after which victory the King calling a Parliament at Winchester, utterly repealed and vacated those former Ordinances: which had they onely demaunded the Nomination of great Officers, Counsellours, and ludges to the King, and not entrenched so farre upon his Prerogative, as to wrest all his Royall power out of his hands, not onely over his Kingdome, but household to; I doubt not but they had been willingly condescended to by the King and Prince as reasonable, and not have occasioned such bloody warres, to repeale them by force.

In King Edward the second his Reigne, the Lords and Commons by on Ordinance of Parliament, having banished out of Court and Kingdome Pierce Gaveston, his vicious illegible and pernicious grand Councellour) in a ( c ) Parliament held at Warnicke; nominated and constituted High Spenser the sonne, to be the Kings Chamberlaine, and in that Parliament further enacted; that certaine Prelates and other Grandees of the Realme should remaine neere the King by turnes, at set seasons of the yeare, to illegible the King better, without whom, no great businesse ought to be done: challenging ( writes Speed ) by sundry Ordinances made by them in Parliament, not onely a power illegible illegible the Kings house and Councell, and TO PLACE AND DISPLACE ALL CREAT OFFICERS AT THEIR PLEASVRE, but even a joynt interest in the Regiment of the Kingdome. After which the Spensers engrossing the sole illegible of the King and Kingdome to themselves, and excluding those Lords from the King, appointed by the Parliament to a illegible him, nor suffering the King so much as to illegible with them but in their presence; they were for this and other offences banished illegible Land by Act of Parliament. This King towards the end of his raigne, after the Queenes arrivall with her Armie, obscuring himselfe: and not appearing; by ( f ) alvise in illegible of the Lords, the Duke of Aquitaine was made High Keeper of England, illegible they as to the Custors of the same did sweare him illegible and by them Robert illegible Lord Chancelloar was removed, the Bishop of Norwich made Chauncellour of illegible Realme, and the Bishop of Winchesten Lord Treasurer, without the Kings assent.

In the 15. yeare of King Edward the 3. chap. 3. 4. there was this excellent Law enacted. Because the points of the great Charter be blemished in divers manners, and illegible well holden then they ought to be, to the great perill and staunder of the King, and dammage of the People; especially in as much as Clerkes, Peeres of the Land, and other freemen be arrested and imprisoned, and outed of their goods and Cattels, which were not illegible nor indighted, nor suite of the party against them, affirmed; It is accorded and assented, that henceforth such things shall not be done. And if any Minister of the Kings, or other person of what condition he be, do or come against any part of the great illegible or other statutes, * or the illegible is of the Land, he shall answere to the Parliament, as well as the suite of the King, as at the suite of the party, where no remedy nor punishment was ordained before this time, as farre forth WHERE IT WAS DONE illegible COMMISSION OF THE KING, as of his owne Authority, notwithstanding the Ordinance made before this time at Northampton, which by assent of the King, the illegible Earles, and Barrons, and the Commonalty of the Land, in this present Parliament illegible repealed, and utterly disanulled. And that the Chauncellour, Treasurer, Barons illegible Chauncellor of the Eschequer, the Justices of the one Bench and of the other, Justices illegible in the County, Steward and Chamberlaine of the Kings house. Keeper of the illegible Seale, Treasurer of the Wardrobe, Controulers, and they that be chiefe illegible to illegible the Kings Sonne Duke of Cornewall, shall be now sworne in this Parliament, and so from henceforth at all times that they shall be put in Office, to keepe and illegible the Priviledges and Franchises of holy Church, and the points of the great Charter and the Charter of the Forrest and all other Statutes, without breaking any point. illegible is assented, that if ANY THE OFFICERS AFORES AID, or chiefe Clerke to the Common Bench, or the Kings Bench, by death or other cause be out of his Offices that our Soveraigne Lord the King BY THE ACCORD OF HIS GREAT MEN which shall be found most nighest in the County, which he shall take towards him, and by good Councell which he shall have about him, shall put another convenient into the sayd Office, which shall be sworne after the forme aforesayd. And that in every Parliament at the third day of the same Parliament, the King shall take to his hands the Offices of all the Ministers aforesayd; and so shall they abide 4 or 5. dayes, except the Offices of Iustices of the one place and the other, Iustices assigned, Barons illegible the Eschequer; so alwayes that they and all other Ministers be put to answer to every complaint. And if default be found in any of the sayd Ministers by complaint or other manner, and of that be attained in the Parliament, he shall be punished by judgement of his Peeres out of his Office, and other convenient set in his place. And upon the same, our sayd Soveraigne Lord the King shall doe to be pronounced to make illegible without delay, according to the Judgement of the sayd Peeres in the Parliament. illegible here an expresse Act of Parliament g ordained and established by King Edward the third, by assent of the Prelates, Earles, Barons, and other great men, and of all the Commonalty of the Realm, which this king did give and grant for him and his heires, firmely to be kept and holden for ever; that all great Officers, Barons, Iudges and illegible of the kingdome, and chiefe attendants about the king and Prince, should illegible onely take the fore-mentioned Oath, but be elected alwayes by the accord of illegible great men, and good Councell neare and about the king, out of Parliament, and by the Peeres in Parliament, and the king bound to make execution according to their Iudgement. This Law (as I conceive) was never legally repealed by Parliament, but onely by this kings h Proclamation, by the ill advice and forced consents of some few Lords and Councellours about him; upon pretence, that he never freely assented to it, but by dissimulation onely to obtaine his owne ends, that Parliament, which illegible would have miscarried and broken up in discontent had not this Law beene granted in manner aforesaid. Which consideration makes me confident, that the Parliament being so eager to obtaine this Law, would never so soone yeeld wholly to repeale it; and so for ought I know it stands yet in force, to justifie the present Parliaments claime in this particular. In 2. E. 3. c. 8. 14. E. 3. c. 5. 18. E. 3. Stat. 3. 20. E. 3. c. 1. 2. 3; divers notable Oathes are prescribed to Iudges, Iustices and other Officers, and that they shall not delay nor for beare to doe right for the kings great or little Seale, or any letters from him or any other, but goe forth to doe the Law, notwithstanding them: In the yeare 1375. the 50. of Edward the 3. his raigne, n a Parliament, (commonly called the good Parliament by our Historians) being assembled, the king required a Subsidie by reason of his warres; to which the Commons answered; that they could no longer beare such charges, considering the manifold most grievous burdens they illegible from time to time borne before: and that they knew full well, that the king was rich enough to defend him and his land, if his Land and the Treasure were well guided and governed; but it had beene long evill ruled by evill Officers, so that the Land could not be plenteous neither with Merchandize, chaffer, nor riches. By reason whereof, and of their importunate charges the Commonalty was generally impoverished. Moreover, the Commons complained upon divers Officers that were the causers of this mis-order, whereof the Lord Latimer, then Lord Chamberlaine was principall, and Dame Alice Piers the kings concubine, (who would usually in most impudent manner come in person into all Courts of Iustice, and sitting by the Iudges and Doctors, perswade or disswade them to judge against the Law for her owne advantage, on that side for which she was engaged; to the great scandall and dishonour of the king, both in his own and other Realmes:) and Sir Richard Scurry Knight, by whose Councells and sinister meanes the king was mis-guided, and the government of the Land disordered. Wherefore they prayed by the mouth of their Speaker, Sir Piers de la Mare, that the said persons with others, might be removed from the king, and others to be set in authority about his person, as should serve for his honour and for the weale of his Realme. Which request of the Commons by meanes of the Noble Prince Edward was accepted; so that the said persons, with the Duke of Lancaster and others, were removed from the king; and other Lords by advise of the sayd Prince, and other wise Lords of the Realme; per Parliamentum prædictum, writes Walsingham, were put in their places, such as the Prince and Peers thought fittest. Moreover in this Parliament, at the Perition of the Commons it was Ordained, that certaine Bishops, Earles, and other Lords should from thence sorth governe both the king and kingdome (the king being then in his dotage unable to governe himselfe or the kingdome) because the king was growne old and wanted such governours. This passage is thus expressed in the Parliament Roll of 50. E. 3. numb. 10. Also the Commons considering the mischiefes of the Land shewed to King and Lords of the Parliament; that it shall be for the honour of the King and profit of all the Realme, which is now grieved in divers manners by illegible adversities, as well by the warres of France, Spaine, Ireland, illegible Beretaigne, and elsewhere, as likewise by the Officers who have beene accustomed to be about the King, who are not sufficient at all without other assistance for so great a government; wherefore they pray that the Councell of our Lord the King, be enforced (or made up) of the Lords of the Land, Prelates and others, to the number of 10. or 12. ( which the King shall please ) to remaine continually which the King in such manner, that no great businesse shall illegible or be there decreed without all their assents and advise; and that other lesser businesses shall be ordered by the assent of 6. or 4. of them at least, according as the case shall require; so that at least 6. or 4. of such Counsellors shall be continually illegible to councell the King And our Lord the King, considering the said request to be honourable and very profitable to him, a illegible to all his Realme, hath thereto assente illegible provided alwayes that the illegible Treasurer, or illegible of the illegible seale, and all other illegible of the King, may execute, and dispatch the businesses belonging to their Offices, illegible the presence of the illegible Councellours, the which the King hath assigned, c. But this Ordinance lasted scarce three moneths, for after the Commons had granted a illegible of 4 pence the pole of all above 14 yeares old except beggers, Prince Edward dying, illegible the Parliament determining, these removed-ill-officers got into the Court, and their offices againe; and by the instance and power of Alice illegible the Speaker, D la illegible was adjudged to perpetuall prison in Notingham Castle, (an act without example illegible former times, and which did no good in this) where here mained prisoner two illegible space, though his friends very ost petitioned for his libertie: and (o) John a Gaun: illegible of Lancaster (made Regent of the Realme because of the Kings irrecoverable illegible su illegible a Parliament the yeare following, repealed the Statutes made in illegible good Parliament, to the Subjects great discontent, who were earnest suiters to the Duke for D la Mar: his inlargement and legall triall, which being denyed, the Londoners upon this and other discontents tooke armes, assaulted the Duke, spoyled his house at the Savoy, and hung up his armes reversed, in signe of Treason in all the chiefe streetes of London. But in the first yeare of Richard the second, in a p Parliament at London, Peter De la Mare and almost all the Knights (which playd their parts illegible well in the good Parliament for the increase of their Countrey and benefit of the Realm:) resuming their Petitions, caused Alice Piers (who contemning the Act illegible Parliament, and the oathes where with she had bound her selfe, presumed to enter illegible Kings Court, to perswade and impetrate from him whatsoever she pleased) to be illegible and all her movables and immovables to be confiscated to the King, notwithstanding she had corrupted with money, divers of the Lords and Lawyers of England, to speake not onely privately, but publickely in her behalfe.

* illegible Dom 1237. King Henry the 3 d . sommoning a Parliament at London, because it seemed somewhat hard to sequester all his present Counsell from him sodenly, as reprobate, it was concluded, that the Earle Warran, William de illegible and illegible Fitz-Geofrey should be added to his Privie Counsell; whom the King caused to sweare, That by no meanes neither through gifts, nor any other manner they should deviate from the way of truth, but should give good and wholesome councell both to the king himself and the Kingdome. Whereupon they granted him a Subsidie of the thirtieth part of their goods, upon condition; that from thence forth, and ever after for laking the Councell of strangers and all unnaturall ones ( qui semper sui non Regni illegible illegible illegible strahere, non aduna e ) he should adhere to the counsell of his faithfull and naturall subjects. Et sic soluto illegible non sine interiori illegible illegible illegible illegible illegible eo quod cum illegible tanta Regis illegible ad illegible consilium contorquerent; consiliis eo um, a quibus omnem hono em illegible illegible obsecundarent, ad propria illegible illegible illegible But this perfideous King, Regni del illegible as the illegible and Historians stile him, contrary to his solemne oath and illegible would not be weaned from his evill Councellors but retained them still, till by force of Armes they were removed and banished.

q In the 1. yeare of Richard the 2 d , William Courtney Bishop of London, illegible Mortymer Earle of March, and many others of whom the Common people had the illegible opinion, being good wise, and famous men, were by publicke consent appointed Councellours and Regents to the King, being but young: and this yeare Henry Piercie Earle of Northumberland resigning his Marshalls rod, Iohn de Arandel, was made Marshall in his place. In the r third yeare of Richard the second in a Parliament at London the Commons petitioned, that one of the Barons, who knew how to answer Forraigners wisely, and might be mature in manners, potent in workes, tractable and discreete, to be the kings protector, Electus est Ergo, COMMVNI SENTENTIA, c. Hereupon Thomas Beauchamp Earle of Warwicke, WAS ELECTED BY COMMON CONSENT IN PARLIAMENT, Lord Protector, that he might illegible abide with the King, and receive an honorable anuall stipend out of the Kings illegible for illegible and those Bishops, Earles, Barons, and Iudges assigned to be the Kings Counsell and Gardians the yeare before, were upon the Commons petition this Parliament removed, because they spent much of the Kings Treasure, illegible illegible medicum fructum protulerunt. In this Parliament Sir Richard crope, resigned his Office of Lord Chauncellour, and Simon de Sudbury, Archbishop of Canterbury (contrary to his degree and dignity, as many then cryed out) was substituted in his place. In a Parliament at London in the fifth yeare of King Richard the second, Sir Richard Scrope was againe made ( s ) Chauncellour, PETENTIEVS illegible MAGNATIBVS ET COMMINIBVS, t at the REQVEST OF THE LORDS AND COMMONS, as being a man who for his eminent knowledge and inflexible justice, had not his peere in England; and Hugh Segrave Knight, was then likewise made Lord Treasurer. Sed quid illegible illegible Parliamentorum c. (writes Walsingham of the Acts of this Parliament, and u Speed out of him.) But to what purpose are Acts of Parliament, when after they are past, they take no manner of effect, for the king with his Privie Counsell was wont to change and abolish all things, which by the Commons and Nobility had beene agreed upon in former Parliaments? For the very next * yeare the king deposed Scrope from his Chauncellourship, and tooke the Seale into his owne hands, sealing divers Grants, and Writings with it as he pleased, and at last delivered the Seale to Richard Braybrooke, which Walsingham thus relates. x Lord Richard Scrope Knight, qui PER REGNI COMMVNITATEM, ET ASSENSVM DOMINORVM ELECTVM IN REGNI CANCELLARIVM, was in those dayes put from his Office of Chancellor, which he had laudably, and prudently administred. The cause of his removall was, his peremptory resistance of the Kings Will, who desired to impoverish himselfe, to exaltstrangers. For certaine Knights and Esquires of inferiour ranke, being the kings servants, begged of the king certaine lands, and the demeasnes of such as dyed, during such time as by the custome of the Kingdome, they ought to remaine in the Kings hands. The King being a child, without delay granted their requests, and sending them to the Chancellor, commanded him to grant them such Charters under the great Seale, as they desired: But the Chauncellor, who ardently desired the benefit of the Realme, and the Kings profit, plainely denyed their requests; alleaging that the King was much endebted, and that he had neede retaine such casualties to himselfe to helpe discharge his debts. That those who knew in what debts the king was obliged, were not faithfull to the King, whiles they minded more their owne avarice than the kings profit, preferring their private gaine before the publicke necessities. Wherefore they should desist from such requests, and be content with the Kings former gifts, which were sufficient for them. And that they should know for certaine, that he would neither make nor seale any such Charters of confirmation to them, of such donations of the king, who was not yet of full age, least hee should hereafter receive ill thankes from him. Whereupon these Petitioners returning from the Chancellour, inform the king; that the Chauncellors minde was obstinate, and that he would doe nothing at his Command, but rather contemne his Royall mandate; that the King ought with due severity, speedily to curbe such an unbrideled disobedience, or else it would quickly come to passe, that the kings honour would grow contemptible among his Subjects, and his command be of no value. The King therefore who understood as a childe, more regarding the false machinations of illegible , then the faithfull allegations of his Chauncellour, in a spirit of furie sends some to demand his seale of him, and to bring it to himselfe. And when the king had sent againe and againe by solemne messengers, that he should send the seale to him; the Chauncellour answered thus; I am ready to resigne the Seale, not to you, but to him who gave it me to keepe, neither shall there be a middle bearer betweene me and him, but I will restore it to his hands, who committed it to mine owne hands not to others. And so going to the king; He redelivered the seale, promising that he would (as he had hitherto) be faithfull to the king; yet denyed that he would hereafter be an Officer under him. And then the king receiving the Seale did for many dayes what he listed, untill Master Robert Braibrooke Bishop of London had undertaken the Office of Chancellour. When not onely the Nobility of the kingdome, but the Commonalty likewise heard, that the king contrary to the Custome of the Kingdome had captiously deposed the Chauncellour, whom All the Nobilitie of the Kingdome with the suffrage of all the Commons had chosen, they were exceedingly moved with indignation. Yet no man durst speake openly of the matter, by reason of the malice of those about the king, and the irrationall youth of the king himselfe: and so the benefits of the king and kingdome were trodden under foote by the countenance of the kings indiscretion, and the malice of those inhabiting with him. In the ninth y yeare of king Richard the second Michael illegible Pole Earle of Suffolke for grosse abuses, bribery, and Treason, was put from his Chauncellourship, fined 20000. markes to the king and condemned to dye: Hæc autem omnia quanquam summè regi placuisse de buerant meximè displicebant, adeò illegible infideli, adeocoluit nebulonem. Insomuch that the King and his familiars plotted to murther the Knights of the Parliament who most opposed the subsidie he demaunded, and the said Michael, together with the Duke of Glocester at a supper in London to which they should be invited; thinking by this meanes to obtaine their wills: But the Duke and they having timely notice thereof, and Richard Exton then Major of London, freely telling the king when he was called to assent to this villany, that he would never give his consent to the death of such innocents (though Sir Nicholas Bramber Major the yeare before had thereto assented) this wickednesse was prevented: and being made publicke to all the inhabitants in the City and parts adjoyning; from thenceforth the hatred of such counsellors, and love of the Duke and foresayd knights encreased among all men. And the Duke and Knights with greater constancie and courage opposed De la Pole; and z after many delayes, the king full sore against his will, WAS COMPELLED to give a commission of Oyer terminer to the Duke of illegible and Richard Earle of Arundell, to heare and determine the businesses and complaints against De la Pol., and all others which the Knights of the Parliament had accused, who gave judgement of death against them; and Thomas Arundell Bishop of illegible was made Chauncellour by the Parliament, in De la Poles place, and the Bishop of Durham removed from his Lord Treasurership, with which he was much enamored, (taking much paines and being at great cost to procure it) and I illegible Gilbert Bishop of Hereford ( qui illegible gua quam side vigebat ) was surrogated in illegible steed, But this Parliament ending, the king immediately received De la Pole, (whom * Walsingham stiles, Perfidiæ promptuarium, sentira avaritiæ, auriga proditionis, archa malitiæ, odii seminator, mendacii illegible susurro illegible dolo illegible artificiosus detractor, illegible illegible consiliarius nequam, merito illegible enomens spiritum in terra peregrina) together with the Duke of Ireland, and Alexander Nevell Archbishop of Yorke, into his Court and favour, who laboured night and day to incense the King against the Lords, and to annull the Acts of this Parliament; by which meanes the Kings hatred towards his Nobles and naturall faithfull people increased every day more and more; these ill Councellors whispering unto him, that he should not be a king in effect, but onely, in shadow, and that he should enjoy nothing of his owne, if the Lords should keepe their received power. The King therefore beleeving them, from thenceforth suspected all the Nobles, and suffered these ill Councellors and their confederates to wast his revenues and oppresse his people. Whereupon the a next yeare following, a Parliament being summoned, the Lords and Commons by reason of great and horrible mischeifes, and perils which had hapned to the King and the Realme aforetime, by reason of evill Councellors and governance about the Kings person by the foresaid Archbishop of Yorke, Robert de Vere Duke of Ireland, De la Pole, Robert Trisilian Lord Chiefe Iustice of England, Sir Nicholas Brambre and other their adherents, who wasted demished and destroyed the goods, treasure and substance of the Crowne, oppressed the people dayly with importable charges, neglecting the execution of the good Lawes and Customes of the Realme, so that no full right nor justice was done, c. whereby the king and all his Realme were very nigh to have beene wholy undone and destroyed; for these causes, and the eschewing of such like perills and mischeiefes to the King and Realme for time to come, displaced and removed these ill Councellors; and at their request, a new Chauncellor, Treasurer, and Privie seale were ordained in Parliament, even such as were held good, sufficient and lawfull to the honour and profit of the King and his Realme. And by advise and assent of the Lords and Commons in Parliament in ayde of good governance of the Realme, for the due executions of good Lawes, and the illegible of the Kings and his peoples illegible in time to come, a speciall Commission under the great illegible of England (confirmed by the Statute of 10. R. 2 c. 1.) was granted to both Archbishops, the Dukes of Yorke and Glocester (the Kings Uncles) the Bishops of Worcester and Exetor, the Abbot of Waltham, the Earle of Arundle, the Lord Cobham, and others, to be of the Kings GREAT CONTINVALL COVNSELL for one yeare then illegible following; to survey and examine with his sayd Chauncellor, Treasurer, and Keeper illegible the Privie seale, as well the estate and government of his house, as illegible all his Courts and places, as of all his Realme, and of all illegible Officers and Ministers of whatsoever estate as well within the house as without to inquire and take information of all rents, revenues, profits due to him in any illegible within the illegible illegible without, and of all manner of gifts, grants alierations or confirmations made by him of any Land, Tenements, Rents, illegible Profits, Revenues, Wards, Marriages, (and infinite other particulars specified in the b Act ) and of all kinde of oppressions, illegible and illegible whatsoever illegible illegible illegible King or his people; and them finally to heare and determine. And that no man should councell the king to repeale this Commission (though it tooke no effect) under paine of forfaiting all his goods and imprisonment during the kings pleasure.

No sooner was this Parliament dissolved, but this unhappie seduced King, by the instigation and advise of his former ill Councellors; endeavours to nullifie this Commission as derogatory to his royall power, and sending for his Iudges and Councell at Law to illegible Castle, caused them to subscribe to sundry Articles tending to the Totall subversion of Parliaments; causing the Duke of Glocester and other Lords who procured this Commission to be indighted of high Treason, to which illegible the Iudges being over-awed with feare, set their hands and seales; for which illegall proceedings destructive to Parliaments, by 11. R. 2. c. 1, to 7. these ill pernicious Councellours and Iudges were attainted and condemned of High Treason, put from their Offices, their Lands confiscated, many of them executed, the residue banished, and above 20. other Knights, Gentlemen, and Clergie men who mis-councelled the King, imprisoned, condemned and banished the Court, as the Statutes at large in 11. 21. R. 2. and our Historian in those yeares more copiously manifest.

d In 12. R. 2. c. 2. There was this notable Law enacted (which * Sir Edward Cooke affirmes, is worthy to be writ in Letters of gold, and worthier to be put in due execution, For the Universall wealth of all the Realme, it is enacted; that the Chauncellor, Treasurer, Keeper of the Privie Seale, Steward of the Kings house, the Kings Chamberlaine, Clarke of the Rolls, the Iustices of the one Bench and other, Barons of the Exchequor, and all other that shall be called to ordaine, name, or make Iustices of peace (which whether the Lord Keeper alone can make or unmake without consent of all these, or put out of Commission without just cause and conviction, now commonly practised; is a considerable Question upon this and other statutes:) Sheriffes, Escheators, Customers, Controllers, OR ANY OTHER OFFICER or Minister of the King, shall be firmely sworne, that they shall not ordaine, name or make Iustices of peace, Sheriffe, Escheator, Customer, Controller or other Officer or Minister of the King, for any gift or brocage, favour or affection; nor that none which illegible by him, or by other privily or apertly to be in any manner Office, shall be put in the same Office, or in any other. But that they make ALL SVCH OFFICERS and Ministers OF THE BEST MOST LAWFVLL MEN SVFFICIENT to their estimation and knowledge. Which most excellent Law (with e others of like nature) still in force, were it duly executed, there would not be so many corrupt Officers of all these sorts in the kingdome, as now swarme in every place. From which Act I shall onely make these 2. Inferences. First, that if so great a care ought to be had in the choyce of these under-Officers; then certainely farre more of the grand Officers and Iudges of the kingdome. Secondly, that if it be no disparagement to the Kings honour, or prerogative for these great Officers of the Realm to ordain name, and make Iustices of peace, Sheriffes, and other under Officers of the King, without the kings privitie, as oft times they doe; then by the same or greater reason, it can be no dimination of his honour or prerogative Royall, for the Parliament, (which is best able to judge of mens abilities and honesties) to have power onely to nominate or recommend to the King, such as they know to be the best, most lawfull and sufficient men, for the highest state Offices and places of Iudicature, when they become voyd.

Not to trouble you with any more Presidents in this Kings Raigne, recorded in Story; I shall close them up with one more upon record. In the Parliament of 3. R. 2. * The Chancellor having declared the causes of illegible and among others, the great straights the King was in for want of money; so that he had at that time nothing in his Treasury, but was greatly endebted c. He prayed the Parliament to advise, how, and after what manner illegible might be relieved, not onely for his owne safety, but for the safetie of them illegible and of the Realme. To which the Commons after they were advised of their said Charge returned this Answer to the King in Parliament by their Speaker, in name of the whole Commons. That the said Commons are of opinion, that if their Liege illegible had beene well and reasonably governed in his Expences, spent within the Realme, and elsewhere, he now had had no neede of their illegible by charging the said Comons, whom they imagined to be now more poore and indigent, then ever they were before. Wherefore they pray, That the Prelates, and other Lords of the Kings continuall Councell, who have a long time travelled in the said affaires, BE VTTERLY DISCHARGED, to their great ease, and in discharge of the King from their custodies; and that No such Counsellors should be retained about the King, in regard that our Lord the King is now of good discretion, and of a goodly Stature, having respect to his Age, which is now neare the age of his noble Grandfather, at the time of his Coronation; who had no other Counsellors at the beginning of his raigne, but ONELY the Five accustomed Principall Officers of HIS REALME. They further pray, that In this Parliament these Five Principall Officers may bee Elected and Chosen out of the most Sufficient Men within the Realme, who may be tractable, and who may best know, and execute their Offices; that is to say, The Chancellor, Treasurer, Keeper of the Privie Seale, Chiefe Chamberlaine, and Steward of the Kings House; and that these so chosen, ( of whose Names and persons the Commons will be ascertained this Parliament ) for their greater comfort and aide to execute the businesse of the King, shall have it therein declared, that they Shall not be Removed before the next Parliament, unlesse it be by reason of Death, Sicknesse, or other necessary cause. And they likewise pray for remedy of default of the said Government, if there be any on that party, that a sufficient and generall Commission may be made, the best that may be devised, to certaine Prelates, Lords, and others, of the most sufficient; lawfull, and wise men of the Realme, of England, diligent illegible Survey and examine in all the Courts and places of the King, as well within his owne house as elsewhere, the estate of the said House, and all expences and receits whatsoever made by any of the Ministers, or any Officers of the Realme, and of other his Seignories and Lands, as well on this side, as beyond the Seas, from the Kings Coronation till this present; so that if there be any default bee found by the said Examination in any manner, by negligence of Officers, or otherwise; the said Commissioners shall certifie them to our Lord the King, to have them amended and corrected, to the ende that our Lord the King may be honourably governed within his Realm, as belongeth to a King to be governed, and may be able with his owner venenes to support the charge of his Expences, and to defend the Realme on every part, and defray the other charges above named. Which Petition and Commission the King accordingly granted.

In the Parliament Rolls. of 1. H. 4. num. 106. The Commons Petitioned the King, that for the safety of himselfe, as likewise for the safety of all his Realme, and of his Lieges, BY ADVISE OF HIS SAGE COVNSELL, hee would ordaine SURE (or trusty) and SVFFICIENT CAPTAINES and GARDIANS OF HIS CASTLES and FORTRESSES as well in England as in Wales, to prevent all perills. (The very Petition in effect that this Parliament tendered to his Majestie touching the Militia, ) To which the King readily gave this answer, Le Royle vort. The King wills it.

In the same Rol. Num. 97. The Commons likewise petitioned; That the Lords Spirituall and Temporall shall not be received in time to come, for to excuse them; to say; That they durst not to doe, nor speake the Law, nor what they thought for DOVBT of death, or that they are not free of themselves, because they are more bound under PAINE OF TREASON to keepe their Oath, then to feare death or any forfeiture. To which the King gave this answer. The King holds all his Lords and Iustices for good, sufficient and loyall; and that they will not give him other Counsell or Advise, but such as shall be Honest, Just, and Profitable for him, and the Realme, And if any will complaine of them in speciall, for the time to come, of the contrary; the King will reforme and amendit. Whereupon we finde they did afterwards complaine accordingly, and got new Privie Counsellors, chosen and approved in Parliament, in the 11 th Yeare of this Kings Raigne, as we shall see anone.

And in the same Parliament, Num. 108. I finde this memorable Record to prove the King inferiour to, and not above his Laws to alter or infringe them. Item, Whereas at the request of Richard, late King of England, in a Parliament held at Winchester, the Commons of the said Parliament granted to him, that he should be in as good libertie, as his Progenitors before him were; by which grant the said King would say; that he might turne (or change) the Lawes at his pleasure, and caused them to be changed AGAINST HIS OATH; as is openly known in divers cases: And now in this present Parliament, the Commons thereof of their good assert and free will, confiding in the Nobility, high discretion, and gracious government of the King our Lord, have granted to him, That they will He should be in as great Royall Liberty as his noble Progenitors were before him; Whereupon our said Lord, of his Royall grace, AND TENDER CONSCIENCE, hath granted in full Parliament; That it is not at all his intent nor will, to change the Lawes, Statutes, nor good usages, nor to to take other advantage by the said graunt; but for to keepe the Ancient Lawes and Statutes ordained and used in the time of his Noble Progenitors, illegible Nota. AND TO DOE RIGHT TO ALL PEOPLE IN MERCY AND TRVTH, ACCORDING TO HIS OATH: which he thus ratified with his Royall assent. Le Roy le voet. By which Record it is evidents First, that the Kings Royall Authority, and Prerogative is derived to him, and may be enlarged or abridged by the Commons, and Houses of P arliament, as they see just cause. Secondly, that King Richard the second, and Henry the fourth, tooke and received the free use and Libertie of their Prerogatives, from the grant of the Commons in Parliament; and that they were very subject to abuse this free grant of their Subjects to their oppression and prejudice. Thirdly, That the King by his Prerogative when it is most free by his Subjects grant in Parliament; hath yet no right nor power by vertue thereof to change or alter any Law or Statute; or to doe any thing at all against Law, or the Subjects Rights and Priviledges, enjoyed in the Raignes of ancient Kings: Therefore no power at all to deprive the Parliament it selfe, of this their ancient undubirable oft-enjoyed Right and Priviledge, to elect Lord Chancellors, Treasurers, Privie Seales, Chiefe Iustices, Privie Counsellors, Lord Lieutenants of Counties, Captaines of Castles and Fortresses, Sheriffes, and other publike Officers, when they see just cause to make use of this their right and interest for their owne and the Kingdomes safety, as now they doe; and have as much reason to doe, as any their Predecessors had in any age, When they behold so many Papists, Malignants up in A rmes, both in England and Jreland, to ruine Parliaments, Religion, Lawes, Liberties, and make both them and their Posterities meere slaves and vassalls to Forraigne and Domesticke Enemies.

In the 11. yeare of King Henry the 4 th Rot. Parl. num o . 14. Artic. 1. The Commons in Parliament petitioned this King: First, That it would please the King to ordaine and assigne in this Parliament, the most valiant, sage, and discretest Lords Spirituall and Temporall, of His Realme, TO BE OF HIS COVNSELL, in aide and supportation of the Good and substantiall Government, and for the weale of the King, and of the Realme; and the said Lords of the Counsell, and the Iustices of the King should be openly sworne in that present Parliament, to acquit themselves well and loyally in their counsels and actions, for the weale of the King, and of the Realme in all points, without doing favour to any maner of person for affection or affinity. And that it would please our Lord the King in presence of all the Estates in Parliament, to command the said Lords and Iustices upon the Faith and Allegiance they owe unto him, to doe full Iustice and equall right to every one without delay, as well as they may, without ( or notwithstanding ) any command, or charge of any person to the contrary. To which the King gave this answer, Le Roy le Voet h . After which the second day of May, the Commons came before the King and Lords in Parliament, and there prayed, to have connusance of the names of the Lords which shall be of the Kings continuall Counsell, to execute the good Constitutions and Ordinances made that Parliament. To which the King answered, that some of the Lords he had chosen and nominated to be of his said Counsell had excused themselves, for divers reasonable causes, for which he held them well excused; and as to the other Lords, whom hee had ordained to be of his said Counsell; Their Names were these: Mounsier the Frince, the Bishop of Winchester, the Bishop of Duresme, the Bishop of Bath, the Earle of illegible the Earle of Westmerland, and the Lord Burnell. And hereupon the Prince in his owne name, and of the other forementioned Lords, prayed to be excused, in case they could not finde sufficient to support their necessary charges; And that notwithstanstanding any charge by them accepted in this Parliament, that they may be discharged in the end of the Parliament, in case nothing shall be granted to support their foresaid charges. And because the said Prince should not be sworne, by reason of the highnesse and excellency of his Honourable Person, the other Lords and Officers were sworne, and sworeupon the condition aforesaid, to governe and acquit themselves in their counsell well and faithfully, according to the tenour of the first Article delivered among others by the said Commons; and likewise the Iustices of the one Bench and other, were sworne, and tooke an Oath to keepe the Lawes, and doe Iustice and equall right, according to the purport of the said first Article. i And on the 9. of May, being the last day of the Parliament; The Commons came before the King and the Lords, and then the Speaker, in the name of the said commons, prayed the King, to have full conusance of the names of the Lords of his Counsell; and because the Lords who were named before to be of the said Counsell had taken their Oathes upon certaine conditions as aforesaid, that the same Lords of the Counsell should now be newly charged and sworne without condition. And hereupon the Prince prayed the King, as well for himself, as for the other Lords of the Counsell; that forasmuch as the Bishop of Durham, and Earle of Westmorland, who are ordained to be of the same Counsell, cannot continually attent therein, as well for divers causes as are very likely to happen in the Marches of Scotland, as for the enforcement of the said Marches, that it would please the King to designe other Lords to bee of the same Counsell, with the Lords before assigned. And hereupon the King IN FULL PARLIAMENT assigned the Bishop of Saint Davids, and the Earle of Warwicke to be of his said Counsell, with the other forenamed Lords, and that they should bee charged in like manner as the other Lords without any condition.

A notable President; where all the Kings Privy Counsell are nominated and elected by him in full Parliament; and their names particularly declared to the Commons before they are sworne, to the end that they might except against them, if there were just cause; who in their Petition and Articles to the King, expresse in generall, what persons the King should make choise of for his Counsellors, and Iudges, and what Oathes they should take in Parliament before they were admitted to their places. Which was as much or more, as this Parliament illegible desired, and the King may now with as much Honour and Iustice grant, without any diminution of his Prerogative, as this Magnanimous, Victorious King Henry did then, without the least deniall or delay. In the fift k Yeare of King Henry the fift, This King undertaking a warre with France, by Advise and illegible of his Parliament; as honourable to the King, and profitable to the Kingdome; illegible Which war they liberally contributed: Iohn Duke of Bedford was in and by that Parliament made GOVERNOVR AND REGENT OF THE REALME, AND HEAD OF THE COMMON WEALTH; Which Office he should enjoy as long as the King was making Warre on the French Nation; the Summons of which Parliament issued out by this Duke in the Kings Name. See H. 1. c. 1.

In the Parliament of 13. R. 2. An. 1389. * John Duke of Lancaster, By ASSENT of all the Estates of Parliament, was created Duke of Aquitaine, for his life, by King Richard his Nephew; the words of whose Patent (Printed at large in Master Seldens Titles of Honour) runne thus. De ASSENSU Prælatorum, illegible illegible , aliorum Procerum, Communitatis Regni nostri Angliæ, in instant Parliamento nostro apud Westmonasterium convocato illegible to illegible Patrium nostrumin DVCEM AQVITANIÆ, cum Titulo, illegible illegible honore eidem debitis præfis mus, ac inde præsentiali er per illegible illegible tuo capiti, actraditionem Virgæ aureæ illegible c. illegible illegible illegible illegible c. Giving him power thereby, To Coine what Gold and Silver Money he pleased Nobili andi etiam personas ignobiles, Senescallos, Iudicer, illegible , Consules, Tibelliones publicos, Procuratores, Receptores, quoscunque Officiarios, alios illegible illegible ponendi, in singulis locis Ducatus prædicti, illegible illegible erit, illegible positos Officiarios antedictos amovendi, loco illegible alios subrogandi, c. illegible we see both the Title, honour of a Duke, and Dukedome in France, given by the King of England, as King of France, by assent and authority of a Parliament in England; with power for the Duke thus created in Parliament to make Iudges, Captaines, and all other Officers, within that Dukedome.

In the Parliament Rolls of 24. Hen. 6. illegible pars mem. 16. The King grants to John Duke of Exceter, the Office of Admirall of England, Ireland, and illegible , which Grant is thus subscribed, illegible de privato Sigillo; AUCTO RITATE PARLIAMENTI; So that hee enjoyed that illegible by apointment and Authority of the Parliament; which was no set standing Office nor place of great Honour in former ages, when there were many Admiralls illegible England, designed to severall Quarters, and those for the most part annuall, illegible but of short continuance, not for life, as Sir Henry Spelman, shewes at large in his Glossarie: Title Admirallus, to whom I referre the Reader, and Title illegible ; which Heretochs (elected by the people) had the command of the Militia of the Realme, by Sea and Land; and this word Heretoch in Saxon, signifying properly a Generall, Captaine, or Leader; as you may see there, and in Master Selden, Titles of Honour, Pag. 605. 606. And sometimes, though more rarely, an Earle, Count, or Noble man, Earlederman, or Prince. Hengist and Horsa being called illegible , in a Saxon Annall.

In ( l ) the 1. yeare of King Henry the 6. (being but 9. months old when the Crowne descended) the Parliament summoned by his Father Henry the 5. (as Walsingham writes) was continued; in which By ASSENT OF ALL THE STATES, Humfry Duke of Gloucester, WAS ELECTED AND ORDAINED DEFENDER AND PROTECTOR OF ENGLAND in the absence of his elder Brother the Duke of Bedford; and all the Offices and Benefices of the Realm were committed to his disposall. In this Parliament (a strangesight never before seen in England ) this Infant King, sitting in his Queen mothers lap, passed in Majestick manner to Westminster, and there took state among all his Lords, before he could tell what English meant, to exercise the place of Soveraign direction in open Parliament then assembled, to establish the Crowne upon him. In the Parliament Rolls of the 1. yeare of this King, I find many notable Passages pertinent to the present Theme, of which (for their rarity) I shall give you the larger account. Numb. 1. There is a Commission in this Infant Kings name directed to his Uncle Humfrey Duke of Gloucester, to summon and hold this Parliament in the Kings Name and steed, and commanding all the Members of it, to attend the said Duke therein: Which Commission being first read; the Arch-bishop of Canterbury taking this Theame; The Princes of the People are assembled with God; declares, 4. Causes for which the Parliament was principally summoned. 1. For the good governance of the person of the most excellent Prince the King. 2. For the good conservation of the peace, and the due execution and accomplishment of the Lawes of the Lend. 3. For the good and safe defence of the Realme Against Enemies. 4. To provide honourable and discreet persons of every Estate, for the good governance of the Realme, according to Iethro his Counsell given to Moses, c. Which Speech ended, Numb. 7, 8, 9, 10, 11. The receivers of all sorts of Petitions to the Parliament are designed, and the Speaker of the House of Commons presented, and accepted. Numb. 12. The Lords and Commons authorize, consent to, and confirme the Commission made to the Duke in the Infant Kings Name, to summon and hold this Parliament, (so that they authorize and confirme that very power by which they sate:) With other Commissions made under the Great Seale to Iustices, Sheriffes, Escheators, and other Officers, for the necessary execution of Iustice. Numb. 13. and 14. The Bishop of Durham, late Chancellour of England to Henry the 5 deceased; and the Bishop of London Chancellour of the Dutchy of Normandy, severally shew, that upon King Henry the 5. his decease they delivered up their severall Seales, after their homage and fealty first made, to King Henry the 6. in the presence of divers honourable persons ( whom they name particularly ) desiring the Lords to attest their surrender of the said Seales at the time and place specified, which they did; and thereupon they pray, that a speciall act and entry thereof may be made in the Parliament Rolls for their indemnity; which is granted and illegible accordingly.

Numb. 15. It was enacted and provided by the said Lord Commissioner, Lords and Commons; that in as much as the Inheritance of the Kingdomes and Crowns of France, England, and Ireland, were now lawfully descended to the King, which title was not expressed in the Inscriptions of the Kings Seales, whereby great perill might accrue to the King, if the said inscriptions were not reformed according to his Title of Inheritance, that therfore in all the Kings Seals, as well in England as in Ireland, Guyen, and Wales, this new stile should be engraven, Henricus Dei Gratia, Rex Franciæ Angliæ, Dominus Hiberniæ, according to the effect of his inheritances; blotting out of them whatever was before in them superfluous or contrary to the said stile; and that command should be given to all the keepers of the said Seales of the King to reforme them without delay, according to the forme and effect of the new Seale aforesaid.

Numb. 16. Duke Humfrey the Kings Commissary, and the other spirituall and temporall Lords being sate in Parliament, certaine Knights sent by the Speaker and whole House of Commons came before them, and in the name and behalfe of the said Commonalty requested the said Duke, that by the advise of the said Spirituall and Temporall Lords, for the good government of the Realme of England, he would be pleased to certifie the said Commons, to their greater consolation, what persons it would please the King to cause to be ordained for the Offices of Chancellor and Treasurer of England, and Keeper of his Privie Seale: Upon which request so made, due consideration being had, and full advise taken; and the sufficiencie of those persons considered, which deceased King Henry the Kings Father now, had in his discretion assigned to those Offices as fitting enough: the King following his Fathers example and advise, by the assent of the Lord Duke his Commissary, and of all and every one of the Lords spirituall and temporall, hath nominated and ordained a new, the Reverend Father, Thomas Bishop of Durham to the Office of his Chancellour of England, William Kinwolmarsh Clerk to the Office of Treasurer of England, and Mr. Iohn Stafford to the Office of the Keeper of the Privy Seale. And hereupon the King our Lord willeth By THE ASSENT AND ADVISE aforesaid, that as well to the said Chancellor of England, as to the said Treasurer of England, and to the said Keeper of his Privy Seale for the exercise of the said Offices, severall letters patents should be made in this forme: Hinricus illegible Rex Angliæ Franciæ Dominus Hiberniæ, omnibus ad quos præsenies literæ illegible salutem. illegible quod De AVISAMENTO ET ASSENSV illegible CONSILII NOSTRI IN PRÆSENTI PARLIAMENTO NOSTRO EXISTENTES, constituimus venerabilem patrem Thomam Episcopum Dunelmensem, CANCELLARIVM nostrum illegible ; dantes concedentes DE AVISAMENTO ET ASSENSV PRÆDICTIS, eidem Cancellario nostro, omnes omnimodas auctoritatem potestatem adomnia ea singula quæ ad officium Cancellarii Angliæ, de iure siue consuetudine pertinent, seu quovis tempore pertinere consueverunt, c. The like Patents verbatim, are in the same role ( mutat is mutandis ) made to the said Tresurer of England and keeper of the privy seale. After which, the said Duke, by advice and assent of the Lords spirituall and temporall sent the Arch-bishop of Cauterbury, the Bishops of Winchester and Worcester, the Duke of Excester, the Earle of Warwicke, the Lords of Ferrers and illegible , to the Commons, then being in the Commons House, and notified to the Commonalty by the said Lords, these Officers to be nominated and ordained to the foresaid Offices in form aforesaid. Upon which notice so given THE SAID COMMONS WERE WELL CONTENTED with the nomination and ordination of the foresaid Officers so made, rendring many thanks for this cause to our Lord the King, and all the said Lords, as was reported by the said Lords in the behalfe of the Commons in the said Parliament.

Numb. 17. The Liberties; Annuities and Offices granted by King Henry the 5. and his Ancestors to Souldiers in forraigne parts, are confirmed by Parliament, and their grants ordered to be Sealed with the Kings new Seales without paying any Fine.

Numb. 18. Henry the 5. his last Will and the Legacies therein given, are confirmed by the Kings Letters Patents, with the assent of the Lords and Commons in Parliament.

Numb. 19. A subsidy is granted to be imployed for the defence of the Realme of England, to which end the Lord Protectour promiseth it shall be deligently imployed.

Numb. 22. and 23. The King by assent of all the Lords spirituall and temporall, illegible and grants, that his deare Uncle the Duke of Gloucester shall have and enjoy the Office of the Chamberlaine of England, and of the Constableship of the Castle of Gloucester from the death of the Kings father, so long as it shall please the King, with all the fees, profits and wages thereunto belonging, in the same manner as they were granted to him by his Father.

Numb. 24. The 27. day of this Parliament, the tender age of the King being considered, that he could not personally attend in these dayes the defence and protection of his Kingdome of England, and the English Church; the same King fully confident of the circumspection and industry of his most deare Uncles, Iohn Duke of Bedford, and illegible Duke of Gloucester, By ASSENT AND ADVISE OF THE LORDS as well Spirituall as Temporall, and LIKEWISE OF THE COMMONS in this present Parliament, hath ordained and constituted his said uncle Duke of Bedford now being in forraigne parts, PROTECTOR and DEFENDER OF HIS KINGDOM, and of the Church of England, and PRINCIPALL COVNSELLOR of our Lord the King; and that he shall both be and called Protector and defendor of the Kingdom, and the Principal Councellor of the King himselfe after he shall come into England, and repaire into the Kings presence; from thenceforth, as longe as he shall stay in the Kingdom; and it shall please the King. And further our Lord the King BY THE FORESAID ASSENT and ADVICE, hath ordained and appointed in the absence of his said Uncle the D. of Bedford, his foresaid uncle the Duke of Glocester now being in the Realm of England, PROTECTOR of his said Realme and the Church of England, and PRINCIPAL COVNCELLOR of our said Lord the King; and that the said Duke shall be, and be called PROTECTOR and DEFENDOR OF THE SAID REALM AND CHVRCH OF ENGLAND; and that letters pattents of the Lord the King shall be made in this form following: Henricus illegible c. illegible quod adeo tenera ætate constituti sumus, quod circa Protectionem illegible Regninostri Angliæ Ecclesiæ personaliter attendere non possumus in presenti- Nos de circumspectione industria charissimi avunculi nostri illegible Ducis Bedfordiæ, plenam fiduciam reportantes, DE ASSENSV ET AVISAMENTO TAM DOMINORVM, QVAM DE ASSENSV COMMVNITATIS DICTI REGNI ANGLIÆ IN INSTANTI PARLIAMENTO existentium, ordinavimus illegible ipsum avunculum nostrum, dicti Regni nostri Angliæ Ecclesiæ Anglicanæ PROTECTOREM ET DEFENSOREM, ACCONSILIARIVM NOSTRVM PRINCIPALEM; quod ipse dicti Regni nostri Angliæ Ecclesiæ Anglicanæ Protector Defensor, ac principalis consiliarius noster sit, nominetur, in illegible vim formam effectum cujusdam illegible IN DICTO PARLIAMENTO die datus præsentium habiti ET CONCORDATI: Proviso semper, quod præfatus Avunculus noster, nullum habeat aut gerat vigore præsentium illegible nec illegible præfatur illegible nisi pro tempore quo præsens hic inregno nostro Angliæ fuerit, PROVT IN PRÆDICTO ACTO CONTINETVR. Quodque carissimus Avunculus noster Dux illegible nobis in agendis dicti Regni negotiis post ipsum Avunculum nostrum Ducem Bedfordiæ PRINCIPALIS CONSILIARIVS EXISTAT ET NOMINETVR, quociens quando præfatum Avunculum nostrum Ducem Bedfordiæ infra Regnum nostrum Angliæ morari contingat. Confidentes insuper ad plenum de circumspectione industria prædicti Avunculi nostri Ducis Glocestriæ DE ASSENSU ET AVISAMENTO PRÆDICTIS, ordinavimus constituimus ipsum Avunculum nostrum Ducem Glocestriæ, dicto Regno nostro Angliæjam præsentem, dicti Regni noctri Angliæ Ecclesiæ illegible PROTECTOREM ET DEFENSOREM, necnon CONSILIARIUM NOSTRVM PRICIPALEM, quociens quando dictum avunculum nostrum illegible Bedfordiæ, extra Regnum nostrum Angliæ morari abesse contingat. Et quod ipse avunculus noster Dux Glocestriæ Protector Defensor Regni nostri Angliæ, Ecclesiæ Anglicanæ, Principalis Consiliarius noster SIT ET NOMINETVR, IVXT A VIM FORMAM EFFECTVM ARTICVLI PRA. DICTI. Proviso semper, quod præfatus avunculus Dux Glocest nullum gerat aut habeat vigore præsentium potestatem, vel ut illegible nominetur, nisi pro tempore quo præsens hic in Regno nostro Angliæ fuerit in absentia dicti avunculi nostri Ducis Bedford. prout in prædicto articulo continetur. Damus autem universis singulis Archiepiscopis, Episcopis, Abbatibus, illegible Ducibus, Comitibus, Baronibus, Militibus, omnibus illegible illegible nostris dicti Regni nostri Angliæ quorum interest, tenore præsentium illegible in illegible quod tam præfato avunculo nostro Duci Bedford. quociens quando protectionem defensionem hujusmodi sic illegible occupaverit, quam præfato avunculo illegible Duci Glocestriæ, quociens quando ipse consimiles Protectionem Defensionem illegible occupaverit in præmissis faciendis, pareant obediant intendant prout decet. In cujus reitestimonium c. which Act and Commission thus made, and the tenour of them being recited before the said Duke of Gloster, and spirituall and temporall Lords; the said Duke having deliberated thereupon, undertook, at the request of the said Lords, the burthen and exercise of his occupation, to the honour of God, and profit of the King and Kingdome. Protesting notwithstanding, that this his assumption or consent in this part should not any wayes prejudice his foresaid Brother, but that his said Brother at his pleasure might assume his illegible of this kinde, and deliberate and advise himselfe.

Numb. 25. It is ordered by this Parliament, what under Offices and Benifices the Lords Protectors should conferre, and in what manner. Numb. 26. After the Lords and Commons in Parliament had set led and ordained the Protectors in forme aforesaid, AT THE REQUEST OF THE SAID COMMONS, there were, BY ADVISE AND ASSENT OF ALL THE LORDS certaine persons of estate, as well spirituall as temporall, NAMED AND ELECTED TO COUNSELL AND ASSIST THE GOVERNANCE; whose names written in a small scedule, and read openly, were these; the Duke of Glocester, the Archbishop of Canterbury, the Bishops of London, Winchester, illegible Worcester; the Duke of Excester, the Earles of March, Warwick, Marshall, Northumberland, Westmerland; the Lord Fitz hugh, Mr Hugh Crumbwell, Mr Walter Hungerford, Mr Iohn Tiptoft, Mr Walter Beauchamp. Numb. 25 These persons thus NAMED and CHOSEN COVNSELLORS and ASSISTANTS, after this nomination and election, condiscended to take such assistance to the government in manner and forme contained in a paper scedule written in English, with their names thereto, containing five speciall articles, delivered in Parliament by the said persons chosen Counsellors assistants, of which scedule this is the tenure.

The Lords abovesaid, been condiscended to take it upon hem, in manner and forme that illegible First, for as much as execution of Law and keeping of peace start much in Iustice of peace, Sheriffs and Escheators, the profits of the King, and revenues of the Realme been yearly encreased, and augmented by Customers, Controllers, prisers, Seachers, and all such other Offices; therefore the same Lords woll and desireth, that such Officers, and all other be made, by advise and denomination of the said Lords, saved alwayes and reserved to my Lords of Bedford, and of Glocester, all that longeth unto them, by a speciall Act made in Parliament; and to the Bishop of Winchester that he hath granted him by our Soveraigne Lord that last was, and by authority of Parliament confirmed.

Numb. 29. Item, that all manner Wards, Mariages, Farmes, and other casualties that longeth to the Crowne, when they fall, be letten, sold, and disposed by the said Lords of the Counsell; and that indifferently at dearest, without favour, or any manner illegible or fraud.

Numb. 30. Item, that if anything should be enact done by Counsell, that six or foure at the least, without Officers, of the said Counsell be present; and in all great matters that shall pæsse by Counsell, that all be present, or else the more party. And if it be such matter as the King hath be accustomed to be counselled of, that then the said Lords proceed not therein without the advise of my Lord of Bedford, or of Glocester.

Numb. 31. Item, for as much as the two Chamberlaines of the Exchequer be ordained of old time to controule the receipts and payments in any manner wise maed; the Lordys desireth, that the Treasurer of England being for the time, and either of the Chamberlaines have a key of that that should come into the receipt, and that they be sworne to fore my Lord of Glocester, and all the Lords of the Counsell; that for illegible friendship they shall make no man privy, but the Lords of the Counsell, what the King hath in his Treasorie.

Numb. 32. Item, that the Clerk of the Counsell be charged and sworne to truly enact and write daily the names of all the Lords that shall be present from time to time, to see what, how, and by whom any thing passeth.

Numb. 33. And after that all the Lords aforesaid had read before them the said Articles in Parliament, and had well considered of them, and fully assented and accorded to them; the scedule of paper, by certaine of the Honourable Lords of Parliament on behalfe of the King and all the Lords in Parliament, was sent and delivered to the Commons to be ascertained of their intent: whereupon after the said Commons had advised, the said Lords repeated in the said Parliament, that the Commons thanked all the Lords, and that THEY WERE WELL CONTENTED with all there contained in the said scedule, WITH THIS, that to the first of the said Articles there should be added one clause of parveiu, which the said lords lords repeated on the behalfe of the said Commons, who delivered it to them in Parliament in one parchment scedule written in French, the tenour whereof ensueth.

Provided alwayes that the Lords, and other persons, and Officers, which have estate, and authority, some of inheritance, some for terme of life, and otherwise, to make and institute, by vertue of their offices, deputy Officers, and Ministers, which appertaine to them to make of right; and as annexed to them, and to their offices of ancient time accustomed and used; shall not be restrained nor prejudiced, of that which appertaines to them by colour of this Ordinance or appointment. To which parchment scedule, and the contents thereof, read before the Lords in Parliament, the said Lords well agreed, and fully consented.

Numb. 44. The Queen Mothers dower formerly agreed, appointed, and sworne to by all the three estates in Parliament in 9. H. 5. was now againe, upon her Petition, confirmed and setled by the Parliament, after her husbands decease. And Numb. 41. Pet. 2. The Commons illegible that it might then be enacted, that no man nor woman should thenceforth be compelled, nor bound to answer before the Counsell or Chancery of the King, nor elsewhere, at the suit or complaint of any person for any matter; for which remedy by way of Action was provided by the Common law; and that no privy Seale, nor subpœna should issue thence, before a Bill were first there exhibited, and also fully allowed by two Iudges of the one Bench and other, that the complainant for matters and grievances in the said Bill could have no action, nor remedy at all by the common law, c. A good Law to prevent the Arbitrary proceedings of these Courts which are now too frequent, in subvertion of the Common law. Lo here in this Parliament, we have a Lord Protector, Chancellor, Tresurer, Keeper of the privy Seale, Chamberlaine, Privy Counsellors, Constables of Castles, and most other Officers of the King elected by Parliament; yea, a Commission for calling and holding this Parliament, confirmed by this Parliament when met; the Kings owne publike seales altered and new made; a new stile conferred on the King, a Kings last will, and a Queens Dower, when fallen, confirmed by the Parliament, and the privy Councell, Court of Request, and Chancery limited by it, without any diminution of the Kings prerogative royall: what injury or disparagement then can it be to his Majesties royalties, to have his great Officers, Counsellers, and Judges, thus nominated and regulated in and by Parliament at this present? surely none at all.

In the Parliament Rolls of 4. H. 6. num. 8. I finde a Commission granted to Iohn Earle of Bedford, under the great seale ( which was read in Parliament ) to supply the Kings place, and power in this Parliament, and to doe all that the King himselfe, either might or ought to doe therein; because the King (by reason of his minority) could not there personally attend to doe it. Numb. 10. The Commons, by a Petition, lamentably complained of the great discords and divisions betweene certaine great Lords, and privy Counsellors of the Kingdome; and more especially, betweene the Duke of Glocester Lord Protector, and the Bishop of Winchester Lord Chancellor, by which divers inconveniences might happen to the Realme, if not speedily accommodated: desiring the Duke of Bedford, and other Lords to accord them; Vpon which the Lords tooke a solemne Oath to reconcile them, and made an accord betweene them; which you may read at large in ( m ) Hall, ( n ) Holinshed, and ( o ) other our Historians, and in the Parliament Rolls, Numb. 12. 13. On the 13. day of March, Numb. 14. The Bishop of Winchester, Lord Chancellor of England, for certaine causes declared before the Lords in Parliament, instantly desired to be discharged of his Office, which conses they considering of and allowing, he was by the Lords discharged from his said Office: and the same day in like manner the Bishop of Bathe, Treasurer of England, requested to be freed from his Office, which was that day done accordingly. Numb. 14. On the eighteenth day of March, Iohn Bishop of Bathe and Wells, late Treasurer of England, by vertue of a privy seale directed to him, brought the Kings great golden seale, sealed up in a leather Bagge, into the Parliament, and really delivered it to the Earle of Bedford, the Kings Commissary; who receiving it of the said Bishop, caused it to be taken out of the Bagge, and to be seene of all, and then to be put into the Bagge againe; who sealing the Bagge with his signet, he delivered it to be kept, to the Bishop of London, then CHANCELLOR OF ENGLAND, BY ADVISE and ASSENT of the Lords spirituall and temporall, in that Parliament. Numb. 18. The King by the advise of the Lords spirituall and temporall, and by the assent of the Commons in Parliament, makes an exchange of Lewes de Burbon, Earle of Vandosme taken prisoner at the battell of Agencourt, for the Earle of Huntingdon, taken prisoner by the French; releasing the said Earle Vandosme of his Ransome, and Oath. Numb. 19. The Duke of Bedford, Constable of the Castle of Berwick, petitioned, that the King, BY AVTHORITY OF PARLIAMENT ( in regard of his absence from that charge, by reason of his continuall employments in the Kings service in France, and elsewhere ) might license him, to make a Lievtenant under him to guard that Castle safely: Upon which Petition, the Lords spirituall and temporall granted him power to make a sufficient Lievtenant, such as the Kings Counsell should allow of; so as the said Lievtenant should finde such reasonable sureties for the safe keeping of the said Castle, as the Kings Counsell should approve, And in this Parliament, ( p ) BY ASSENT OF THE THREE ESTATES OF ENGLAND, Richard Beauchamp Earle of Warwick was ordained to be Governour of the young King, in like manner as the Noble Duke of Exceter was before appointed and designed; to execute which charge he was sent for out of France the yeare following. In the three and thirtieth yeare of this Kings reign * Richard Duke of York was made Protector of the Realme, the Earle of Salisbury was appointed to be Chancellor, and had the great seale delivered to him; and the Earle of Warwick was elected to the Captainship of Calice, and the territories of the same, in and BY THE PARLIAMENT: by which the rule and Regiment of the whole Realme consisted only in the heads, and orders of the Duke, and Chancellor; and all the warlike affaires and businesserested principally in the Earle of Warwick. From which Offices the Duke and Earle of Salisbury being after displaced, by emulation, envy and jealousie of the Dukes of Somerset, Buckingham, and the Queene, a bloody civill warre thereupon ensued: after which ( q ) Anno 39. H. 6. this Duke, by a solemne award made in Parliament betweene Henry the sixth and him, was againe made PROTECTOR AND REGENT OF THE KINGDOM. By the Statutes of 25 H. 8. c. 22. 28. H. 3. c. 7. and 35. H. 8. c. 1. it is evident, that the power and Right of nominating a Protector and Regent, during the Kings minority, belongs to the Parliament and Kingdome; which by these Acts authorized Henry the eighth, by his last Will in writing, or Commission under his seale, to nominate a Lord Protector, in case he died, during the minority of his hetre to the Crowne; and the ( r ) Duke of Somerset was made Lord Protector of the King and Realme, during King Edward the sixth his nonage, BY PARLIAMENT; And not to trouble you with any more examples of this kinde, Mr Lambard in his Archaion, p. 135. Cowell in his Interpreter, title Parliament, Sr Henry Spelman in his Glossarium, tit. Cancellarius (out of Matthew Westminster, An. 1260. 1265.) Francis Thin, and Holinshed, vol. 3. col. 1073. to 1080. 1275. to 1286. and Sir Edward Cooke in his Institutes on Magna Charta, f. 174. 175. 558. 559. 566. acknowledge and manifest, That the Lord Chancellor, Treasurer, Privy Seale, Lord chiefe Iustice, * Privy Counsellors, Heretochs, Sheriffs, with other Officers of the Kingdome of England, and Constables of Castles, were usually elected by the Parliament, to whom OF ANCIENT RIGHT THEIR ELECTION BELONGED: who being commonly stiled, L ord Chancellor, Treasurer, and chiefe Iustice, c. OF ENGLAND, not of the King, were of right elected by the representative Body of the Realme of England, to whom they were accomptable for their misdemeanors. Seeing then it is most apparent by the premises, that the Parliaments of England have so frequently challenged and enjoyed this right and power of electing, nominating, recommending, or approving all publike Officers of the Kingdome in most former ages, when they saw just cause; and never denuded themselves wholly of this their interest by any negative Act of P arliament that can be produced: I humbly conceive, it can be no offence at all in them (considering our present dangers, and the manifold mischiefes the Kingdome hath of late yeares sustained by evill Counsellors, Chancellors, Treasurers, Iudges, Sheriffs, with other corrupt publike Officers) to make but a modest claime (by way of petition) of this their undoubted ancient right, nor any dishonour for his Majesty, nor disparagement to his royall prerogative, to condiscend to their request herein, it being both an honour, and benefit to the King to be furnished with such faithfull Counsellors, Officers, Iudges, who shall cordially promote the publike good, maintaine the Lawes, and subiects Liberties, and doe equall iustice unto all his people, according to their oathes and duties; unfaithfull and corrupt officers being dangerous, and dishonourable, as well to the King as Kingdom, as all now see and feele by wofull experience. In few words; If the ( s ) Chancellors, Iudges, and other Officers power to nominate three persons to be Sheriffe in every County annually ( of which his Majesty by law is bound to pricke one, else the election is void, as all the (*) Iudges of England long since resolved ) and their authority to appoint ( t ) Iustices of the Peace, Escheators, with other under Officers in each shire, be no impeachment at all of the Kings prerogative, as none ever reputed it; or if both Houses ancient priviledge, to ( u ) make publike Bills for the publike weale, without the Kings appointment, and when they have voted them for lawes, to tender them to the King for his royall assent, be no diminution to his Soveraignty: then by the selfesame reason, the P arliaments nomination, or recommendation of Counsellors, State-officers, and Iudges, to his Maiesty, with a liberty to disallow of them if there be iust cause assigned, can be no encroachment nor iniury at all to his Maiesties royalties; it being all one in effect, to recommend new lawes to the King for his royall assent, when there is need, as to nominate meet Officers, Counsellors, Iudges, to him, to see these Lawes put in due execution. So that upon the whole matter, the finall result will be; That the P arliaments claime of this their ancient right, is no just ground at all on his Maiesties part, to sever himselfe from his P arliament, or to be offended with them, much lesse to raise or continue a bloody warre against them.

That the King hath no absolute Negative voyce in the passing of Bills of Common Right and Iustice, for the publike good.

THe fourth great Objection or Complaint of the ( x ) King, Malignants, Royallists against the Parliament is; That they deny the King a negative Voyce in Parliament; affirming in ( y ) some Declarations; That the King by his Coronation Oath and duty, is bound to give his illegible assent to such publike Bills of Right and Iustice, as both illegible have voted necessary for the common wealth, or safety of the Realme, and ought not to reject them: Which is (say they) an absolute deniall of his royall Prerogative, not ever questioned or doubted of in former ages.

To this I answer first in generall. That in most proceedings and transactions of Parliament the King hath no casting, nor absolute negative voyce at all; as namely in ( z ) reversing erronious Iudgments given in inferiour Courts; damning illegall Pattents, Monopolies, Impositions, Exactions, redressing, removing all publike grievances or particular wrongs complained of; censuring or judging Delinquents of all sorts; punishing the Members of either house for offences against the Houses; declaring what is Law in cases of difficulty referred to the Parliament (of which there are ( a ) sundry presidents. ) In these, and such like particulars, the King hath no swaying negative voice at all, but the houses may proceed and give Iudgement, not only without the Kings personall presence or illegible ) as the highest Court of Iustice, but even against his personall Negative vote or dissassent, in case he be present, as infinite examples of present and former times experimentally manifest beyond all contradiction. Nay, not only the Parliament, but Kings Bench, Common Pleas, Chancery, and every inferior Court of Iustice whatsoever, hath such a Priviledge by the Common law and ( b ) statutes of the Realm, that the King himself hath no negative voice at all so much as to stay, or delay for the smalest moment by his great or privy seale any legall proceedings in it, much lesse to counter illegible controle, or reverse by word of mouth or proclamation, any resolution or judgement of the Iudges given in it: If then the King hath no absolute Negative overruling voice in any of his inferiour Courts; doubtlesse he hath none in the illegible greatest Court of all the Parliament; which otherwise should be of lesse authority, and in farre worse condition then every petty sessions, or Court Baron in the Kingdome.

The sole question then in debate must be; Whether the King hath any absolute Negative over-ruling voice in the passing of publike or private Bills?

For resolving which doubt, we must thus distinguish: That publike or private Bills are of two sorts. First, Bills only of meere grace and favour; not of common right: such are all generall pardons, Bills of naturalization, iudenization, confirmation, or concession of new Franchises, and Priviledges to Corporations, or private persons, and the like; in all which the King, no doubt, hath an absolute negative voice to passe or not to passe them; because they are acts of meere grace ( which delights to be ever free and arbitrary, ) because the king by his oath and duty, is no way obliged to assent thereto; neither can any subjects of justice or right require them at his hands, it being in the Kings free power, to dispence his favours freely when and where he pleaseth, and ( c ) illegible to the very nature of free grace, to be either merited or cõstrained. Secõdly Bills of common right and justice, which the King by duty and oath is bound to administer to his whole Kingdome in generall, and every subject whatsoever in particular without denyall or delay: Such are all Bills for the preservation of the publike peace and safety of the Kingdome; the Liberties, Properties, and Priviledges of the Subject; the prevention, removeall, or punishment of all publike or private grievances mischiefes, wrongs, offences, frauds in persons or callings; the redresse of the defects or inconveniences of the Common Law; the advancing or regulating of all sorts of Trades; the speedy or better execution of Justice, the Reformation of Religion, and Ecclesiasticall abuses, with sundry other Lawes, enacted in every Parliament as occasion and necessity require. In all such Bills as these, which the whole state in Parliament shall hold expedient or necessary to be passed, I conceive it very cleare, that the King hath no absolute negative voyce at all, but is bound in point of Office, duty, Oath, Law, Justice, conscience, to give his royall assent unto them when they have passed both houses, unlesse he can render such substantiall reasons against the passing of them, as shall satisfie both Houses. This being the onely point in controversie, my reasons against the Kings absolute over-swaying negative Voyce to such kinde of Bills as these, are;

First, because being Bils of comon right and Justice to the Subjects, the denyal of the Royal assent unto them is directly contrary to the Law of God, which ( d ) commandeth Kings to be just, to doe judgement and justice to all their Subjects, especially to the oppressed, and not to deny them any just request for their reliefe, protection or wellfare.

Secondly, because it is point-blanke against the very letter of Magna Charta (the ancient fundamentall Law of the Realme, confirmed in at least 60. Parliaments) ch. 29. WE SHALL DENY, WE SHALL illegible (both in the future tense) TO NO MAN (much lesse to the whole Parliament and Kingdome, in denying or deferring to passe such necessary publike Bills) JUSTICE OR RIGHT. A Law which in terminis takes cleane away, the Kings illegible absolute negative Voyce to these Bills we now dispute of.

Thirdly, Because such a illegible Voyce to Bills of this nature, is inconsistent with the very ( e ) office duty of the King, and the end for which he was instituted: to wit, the equall and speedy administration of common right, justice, and illegible to all good Lawes for protection, safety, ease, and benefit of his Subjects.

Fourthly, Because it is repugnant to the very Letter and meaning of the Kings Coronation Oath solemnly made to all his Subjects; TO GRANT, FULFILL, and Defend ALL RIGHTFULL LAWES which THE COMMONS OF THE REALME SHALL CHUSE, AND TO STRENGTHEN AND MAINTAINE THEM after his power. Which Clause of the Oath (as I formerly manifested at large, and the Lords and Commons in their Remonstrances of May 26. and ( f ) Nov. 2. prove most fully) extends only, or most principally to the Kings Royall assent to such new rightfull and necessary Lawes as the Lords and Commons in Parliament, (not the King himselfe) shall make choise of. This is infallibly evident, not onely by the practise of most of our Kings in all former Parliaments, (especially in King Edward the 1, 2, 3, 4, Rich. 2. Hen. 4, 5. and 6. reignes) whereof the first Act commonly in every Parliament was, the confirmation of Magna Charta, the Charter of the Forest, and all other former unrepealed Lawes; and then follow sundry new Acts which the Lords and Commons made choise of as there was occasion, and our Kings assented to, (confessing they were bound to doe it by their Coronation oath and duty, as I shall manifest presently:) but likewise by the words of the Coronation Oaths of our ancienter Kings, already cited in the first part of this Discourse; and of our Kings Oaths of latter times: The ( g ) Coronation Oaths of King Edward the 2. and 3. remaining of Record in French, are in the future tense. Sire, grantes vous a tenir et garder LES LEYS et les Constumes DROITURELES les quiels LA COMMVNANTE de vostre Royaume AUR ESLU, les defenderer et afforcerer al honeur de Dieu a vostre poare?

Respons. Je le FERAY, in the future, too.

The close Roll of An. 1. R. 2. M. 44. recites this clause of the Oath which King ( h ) Richard took in these words; Et etiam de tuendo custodiendo JUST AS LEGES consnetudines ecclesiæ, ac de saciendo per ipsum Dominum Regem, eas esse protegendas, ad honorem Dei CORROBORAND AS quas VVLGVS JUSTE ET RATIONABILITER ELEGERIT juxta vires ejusdem Domini Regis, in the future tense. And Rot: Parliament, 1 H. 4. n. 17. expresseth the clause in King Henry his Oath, thus: Concedis JUST AS LEGES consuetudines essetenendas, promittisperte eas esse illegible ad honorem Dei CORROBORAND AS QU AS VULGUS ELEGER IT secundum vires tuas. Respondebit; Concedo Promitto.

In the Booke of Claroncieux Hanley, who lived in King Henry the 8. his reigne, this clause of the Oath (which this King is said to take at his Coronation) is thus rendred in English: Will you GRANT, FULFILL, defend ALL RIGHTFULL LAWES and Customes, the which THE COMMONS OF TOUR REALME SHALL CHUSE (in the future, and where but in the Parliament House when and where they meet together to make good Lawe?) and shall strengthen and maintaine to the worship of God, after your power? The King shall answer, I grant and behete. But that which puts this past all doubt, is the Coronation Oath of King Edward the 6. thus altered by the Lord Protectour and Kings Counsell in illegible but not sence. Doe you grant to make NO NEW LAWES, but such as SHALL BE to the honour and glory of God, and to the good of the Common wealth, and that the same SHALL BE MADE BY CONSENT OF YOVR PEOPLE, AS HATH BEEN ACCVSTOMED? Where this clause of the Oath, referres wholly and onely to future new LAWES, to be chosen and made by the Peoples consent, not to Lawes formerly enacted. And certainly it must do so, else there would be much Tautology in this short solemne Oath, unsutable to the grave wisdome and judgement of an whole Kingdom to prescribe and continue for so many ages, and for our Kings in discretion to take: For the first clause of the Oath both in the Latin, French, and English Copies of ancient and present times, is this Sir will you grant and keep, and by your Oath confirme to the people of England; THE LAWES AND CVSTOMES GRANTED TO THEM BY ANCIENT KINGS OF ENGLAND, rightfull men, and devout to God; and namely the Lawes and Customes, and Franchises granted to the Clergy and to the people by the glorious King Edward, to your power? Which Clause relating to all Lawes and Customes granted by former Kings to the people; if this latter clause should be in the pretertence too, HATH CHOSEN (as the King and his mistaken Counsel object) it would be a meer Surplusage, or Battology, yea the same in substance with the first part of the Oath, and our Kings should be onely bound by their oathes to observe their Ancestors Lawer, not their owne as they now argue, (the reason perchance why the Petition of Right, and our other new Lawes are so ill observed) which is ridiculous to imagine. And whereas they obiect, that the word CVSTOMS joyned to lawes in the last clause, cannot be meant of such Customes as the people shall chuse after the Oath made, because all Customes are, and must be time out of illegible The Answer is very easie; For Customes hereare not taken strictly for ancient usages time out of minde; but for Statutes, Franchises, just Liberties, or Taxes for the Kingdoms defence, chosen freely, granted by the Commons or people, and to be confirmed by the King in Parliament; as appears by the first clause of the oath, the laws customs granted to them by the ancient Kings of England. And by ( i ) Bracton himself, who expounds this clause of the oath to relate to future Laws, newly made by our Kings after their Coronations, in this observable passage. Hujusmodi vero leges Anglicanæ CONSVETVDINES, regum authoritate jubent quandoque, illegible vetant, quandoque vindicant, puniunt transgressores; quas quidem cum FVERINT APPROBATÆ CONSENSV VTENTIVM ET SACRAMEN. TO REGVM CONFIRMATÆ, mutari non poterunt nec destrui, SINE COMMVNI CONSENSV EORVM OMNIVM, quorum CONSILIO ET CONSENSV FVERVNT PROMVLGATÆ. Now no Customes properly so called, can commence by way of grant, especially of the King alone; but only by the people and common usage for a good space of time ( as the Customes of Gavelkinde, Burrough English, and such like, never granted nor commenced by Charter or Act of P arliament, did;) and if the King by Charter or Act of Parliament, should grant a new Custome, before it were a Custome in this sense, it would be utterly void in law, because there was no such custome then in being, and no grant or act can make or create a custome or prescription that had no former being. Therefore Custome in this oath, coupled with just and reasonable, must needs be meant only of such iust and reasonable statutes, liberties, privilidges, immunities, aides, taxes, or servises for the subjects case and benefit, and the publike service, as they upon emergent occasions shall make choice of in P arliament; of whose illegible and reasonablenesse not the King alone, but the grand Councell of the Kingdom (assembled in the P arliament, to this very end, to iudge of, make, and assent to iust and profitable Laws) are and ought to be the proper Iudges, as I have elswhere manifested; and the very words of the oath, QU AS VULGUS ELIGERIT; to which just as leges consuetudines relates, resolve beyond contradiction. And King David and Achish both were of this opinion, 1 Chron. 13. 1. to 6. 2 Sam. 18. 2, 3, 4. 1 Sam. 29. 2. to 11: and K ing Hezekiah too 2 Chron. 30. 1. to 7. 23. yea God himselfe, and illegible too: 1 Sam. 8. 4. to the end.

( k ) ( l ) Fifthly, Because it is directly contrary to the preambles and recitals of sundry Acts of Parliament in most of our Kings reignes comprising the two last reasons. To instance in some few of many: the ancient statutes of * Marlbridge begin thus. The yeare of grace 1267. for the better estate of the Realme of England, and for the more speedy ministration of Iustice, AS BELONGETH TO THE OFFICE OF A KING, the more discreet men of the Realme being called together, as well of the higher as of the lower estate: It was provided, agreed, and ordained, that where as the Realme of late had beene disquieted with manifold troubles and distractions, for reformation whereof statutes and lawes BE RIGHT NECESSARY, whereby the peace and illegible of the people may be conserved, wherein the King intending to devise convenient remedy, hath made these Acts underwritten. The statutes of 3 Edw. 1. * have this Prologue. These be the Acts of King Edward, c. at his first Parliament generall after his Coronation. Because our Soveraigne Lord the King hath great zeal in desire to redresse the state of the Realm in such things AS REQVIRED AMENDMENT for the common profit of the holy Church, and of the Realme c. the King hath ordained and established these Acts underwritten, which he intendeth TO BE NECESSARY AND PROFITABLE unto the whole Realme. And cap. 17. in the Marches of Wales, and elsewhere, where the Kings Writs be not currant, the King which is chiefe and soveraigne Lord there, SHALL DOE RIGHT THERE unto such as will complaine. And cap. 48. * The King hath ordained these things unto the honour of God, and holy Church, and for the commonwealth and for the remedy of such as be grieved; and for as much as it is great charity (which is oft times put for Iustice, as here) TO DOE RIGHT VNTO ALL MEN AT ALL TIMES WHEN NEED SHALL BE, by assent of all c. it was provided. The statute of Glocester in the 6. year of King Edw. 1. is thus prefaced. For the great mischiefs and disinherisons that the people of the Realme of England have heretofore suffered, throught default of the law that failed in divers cases within the said Realm; our soveraign Lord the King for the amendment of the land; for the reliefe of his people, and to eschew much mischiefs, dammages and dis-inherisons, hath provided established these Acts underwritten, willing and commanding that from henceforth they be firmely kept within this Realme. The Statutes of Westminster, 2. in his 13. year begin thus: Whereas of late our soveraigne Lord the King. c. calling his Counsell at Glocester, and considering that divers of this Realm were disherited, by reason that in many cases, where remedy should have been had, there was none provided by him nor his Predecessors, ordained certaine statutes, right necessary and profitable for his Realm, whereby the people of England and Ireland have obtained mere speedy Iustice in their oppressions then they had before, and certaine cases ( wherein the law failed ) did remaine undetermined, and some remained to be enacted that were for there formation of the oppressions of the people; our soveraigne Lord the King in his Parliament holden c. the 13 year of his reign at Westm. caused many oppressions of the people, and defaults of the lawes, for the accomplishment of the said statutes of Glocest to be rehearsed, and thereupon did provide certaine Acts here following. The statute of Quo Warranto, An. 1278. (the 6. year of this King, made at Glocest.) hath this exordium. The King himself providing for the wealth of his Realm, and the more full administration of Iustice, AS TO THE OFFICE OF A KING BELONGETH; the more discreet men of the Realm, as well of high as of low degree being called thither, it was provided c. The stat. of York 12 E. 2 hath this Prologue. Forasmuch as people of the Realm of England and Ireland have heretofore suffered many times great mischiefs, damage and disherison by reason that in divers cases where the law failed, no remedy was purveyed c. our soveraign Lord the King desiring THAT RIGHT BE DONE TO HIS PEOPLE at his Parl. holden at York c. hath made these Acts statutes here following, the which he willeth to be straitly observed in his said Realm. In 9. Ed. 3. in a Parliament held at York. * the Commons desired the King in the said Parliament by their Petition, that for the profit and commodity of his Prelates, Earls, Barons, and Commons of his Realm, it may please him, WITHOVT FVRTHER DELAY, upon the said grievances and out rages to provide remedy: our soveraign L. the K. desiring the profit of his people by the assent of his Prelates c. upon the said things disclosed to him, found true, to the great hurt of the said Prelates c. and oppression of his Commons, hath ordained and established c. In 10. E. 3. stat. 1. there is this introduction. Because our Soveraigne Lord the King Edw. 3. WHICH SOVERAIGNLY DESIRETH the maintenance of his peace, and safeguard of his people, hath perceived at the complaint of the Prelates, Earls, Barons, and also at the shewing of the Knights of the shires, and the Commons in their Petition put in his Parliament c. divers oppressions and grievances done to his people c. COVETING to obvent the malice of such felons, and to see a covenable remedy, hath ordained c. for the quietnesse peace of his people that the articles underneath written be kept and maintained in all points 14. E. 3. stat. 1. To the honour of God c. the King for peace and quietnesse of his people, as well great as small, doth grant and establish the things underwritten. The like we have in 15. E. 3. Stat 1. and in this Kings Proclamation for revoking it, there is this passage; Wee considering, how BY THE BOND OF OUR OATH WE BE BOUND TO THE OBSERV illegible AND DEFENCE OF THE LAWES AND CUSTOMES OF THE REALME, c So in 20. E. 3. Because that by divers complaints made to us, we perceived that the Law of the land which WE BY OVR OATH BE BOVND TO MAINTAINE is the lesse well kept, and the execution of the same disturbed many times, c. WE GREATLY MOVED OF CONSCIENCE IN THIS MATTER, and for this cause illegible as much for the pleasure of God and ease and quietnesse of our Subjects AS TO SAVE OUR CONSCIENCE AND TO KEEP OUR SAID OATH, by the assent of the great men and other wise men of our Counsell, we have ordained these things following. 23. E. 3. c. 8. That in no wise ye omit the same, as ye illegible us and the Common wealth of this Realme. 25. E. 3. stat. 2. Because that Statutes made and ordained before this time have not been holden and kept as they ought to be, the King willing to provide quietnesse and common profit of his people, by the assent, c. hath ordained and established these things underwritten. The passage in the Statute of Provisors, 25. E. 3. Patham. 6. is notable, Whereupon the said Commons have prayed our Soveraigne Lord the King, that illegible THE RIGHT OF THE illegible OF ENGLAND, AND THE LAW OF THE SAID REALME IS SUCH, that upon the mischiefes and dammages which hapneth to his Realme, HE OUGHT AND IS BOUNDEN OF THE ACCORD OF HIS SAID PEOPLE IN PARLIAMENT THEREOF TO MAKE REMEDY, AND THE LAW OF VOIDING THE MISCHIEFS and dammages which thereof commeth, that it may please him thereupon to ordaine remedy. Our Soveraigne Lord the King seeing the mischiefs and dammages before named, and having regard to the Statute, made in the time of his Grand father, and to the cause contained in the same which statute alwayes holdeth his force, and was never defeated, not annulled in any point; and by so much AS HE IS BOUNDEN BY HIS OATH TO DOE THE SAME TO BE KEPT AS THE LAW OF THIS REALME though that by sufferance and negligence it hath been attempted to the contrary; also having regard to the grievous complaints made to him by his people in divers his Parliaments holden heretofore, willing to ordaine remedy for the great dammage and mischiefes which have hapned and daily doe happen to the Church of England by the said cause; By assent of the great men and Commonalty of the said Realme, to the honour of God and profit of the said Church of England, and of all his Realme, hath ordered and established, c. 28. E. 3. The King for the common profit of him and his people, c. hath ordained. 36. E. 3. To the honour and pleasure of God, and the amendment of the outragious grievances and oppressions done to the people, and in reliefe of their estate, King Edward, c. granted for him and his Heires for ever these Articles underwritten. 1. R. 2. To the honour of God and reverence of holy Church, for to nourish peace, unity, and concord, in all the parts within our Realme of England, which we dot much desire; wee have ordained, c. 2. R. 2. For the honour of God, and of holy Church, and for the common profit of the Realme of England, our Soveraigne Lord the King hath ordained, c. for the quietnesse of his said people, the Statutes and Ordinances following, c. cap. 2. (with 2. H. 4 c. 1.) Our soveraigne Lord the King greatly desiring the tranquility and quietnesse of is people, willeth and straitly commandeth, that the peace within his Realme of England be surely observed and kept, so that all his lawfull subiects may from henceforth safely and peaceably goe, come, and dwell after the Law and usage of the Realme, and that Iustice and right be indifferently ministred to every of his said subiects, as well to the poore as to the rich in his Courts. 1. H. 4. Henry by the Grace of God, c. to the honour of God and reverence of holy Church, for to nourish peace, unity, and concord of all parties within the Realm of England, and for the reliefe and recovery of the said Realme, which now late hath bein mischievously put to great ruine, mischiefe and disolation, of the assent, c hath made and established, c. 6 H. 4. c. 1. For the grievous complaints made to our soveraigne Lord the King by his Commons of the Parliament of the horrible mischiefs and damnable custome which is introduced of new, c. Our soveraign Lord the King to the Honour of God, as well to eschew the dammage of this Realme, as the perils of their soules which are to be advanced to any Archbishoprickes or Bishopricks, c. hath ordained. Divers such illegible are frequent in most of our statutes in all Kings raignes, viz. 37. E. 3. c. 2, 3, 4, 5. 3. R. 2. c. 3. 5. R. 2. Stat. 1. 2. 6. R. 2. Stat. 1. 7. R. 2. 8. R. 2. ( For the common profit of the said Realme and especially for the good and illegible government and illegible execution of the common Law, it is ordained, c. ) 10. R. 2. Prologue c. 1. 11. R. 2. c. 1. 12 R. illegible 13. R. 2. Prologue c. 3. 5, 6. 14. R. 2. 21. R. 2. 1. H. 4. 5. c. 7. 1. H. 6. 8. H. 6. Prologue c. 25. 10 H. 6. c. 3. 12 H. 6, c. 12. 30. H. 6. Prologue 1. R. 3. c. 2. 6. 8. 3. H 7. c. 5 11. H. 7. c. 18. But I shall conclude with some more illegible 38 E. illegible c. 1. 2. To nourish love, peace, and concord between holy Church and the Realme and to appease and cease the great hurt and perils and importable losses and grievances that have been done and happened in times past, and shall happen hereafter, if the thing from henceforth be suffered to passe c. for which causes, and dispensing whereof, the ancient lawes, usages, customes, and franchises of the Realme, have beene and be greatly appaired, illegible and confounded, the Crown of the King minished, and his person falsly defrauded, the treasure and riches of his Realme carried away, the inhabitants and subjects of the Realme impoverished, troubled c the King at his Parliament, c. having regard to the quietnesse of his people, which he chiefly desireth to sustaine in tranquility and peace, to governe according to the Lawes, Usages, and Franchises of this Land, as HE IS BOUND BY HIS OATH MADE AT HIS CORONATION; following the wayes of his illegible which for their time made certaine good Ordinances and previsions against the said grievances c. by the assent c. hath approved, accepted, and confirmed c. 2 R 2. c. 7 Because the King hath perceived, as well by many complaints made to him, as by the perfect knowledge of the thing c. the King desiring soveraignly, the peace and quietnesse of his Realme, and his good Lawes and Customes of the same, and the Rights of his Crowne to be maintained and kept in all points; and the offenders duly illegible illegible chastised and punished, AS HE IS SWORNE AT HIS CORONATION, by the assent of all the Lords c. hath defended c. And moreover it is ordained and established c. 3 R. 2. Rot. Parl. Num. 38. 40. The Commons desiring a grant of new power to Iustices of Peace, to enquire into extortions; the Bishops conceiving it might extend to them, made their protestation against this new grant; yet protested, that if it were restrained only to what was law already, they would condiscend to it, but not if it gave any new or further power. The King answers, that notwithstanding their protestation, or any words conteined therein, he would not forbeare to passe illegible new grant, and that BY HIS OATH AT HIS CORONATION HE WAS OBLIGED TO DO IT. And 6 H. 6. c. 5. We, for as much as by reason of our Regality, WE BE BOVNDEN TO THE SAFEGVARD OF OVR REALM round about, willing in this behalfe conventent hasty remedy to be illegible have assigned, c. By these, with infinite such like recitalls in our ancient and late statutes in the Kings owne Proclamations, Commissions, yea and in writs of law (wherein wee find these expressions; ( a ) Nos qui singulis de regno nostro in EXHIBITIONE IVSTITIÆ SVMVS DEBITORES; plænam celerem justitiam exhiberifacias. ( b ) Nos volentes quoscunque legios nostros in curiis nostris c. justitiam illegible c. unllateness differri. Ad justitiam inde reddendam cum omni celeritate procedatis ( c ) Nos oppressiones, duritias, damna excessus, gravamina prædicta nolentesrelinquere impunita; volentesque SALVATIONI QVIETI POPVLI NOSTRI hac parte PROSPICERE VT TENEMVR; eidemceleris justitiæ complementum, debitum festinum iustitiæ complementum fierifacies, ( d ) Nos huiusmodi præindicio precavere volentes, prout ASTRINGIMVR IVRAMENTI VINCVLO. Quia iudicia in curia nostra cit or eddita insuisroboribus manuteneri volumus defendi illegible AD HOC IVRAMENTI VINCVLO ASTRINGIMVR TENEMVR. c, It is most apparent, that the Kings of England both by their oath, duty, and common right, even in point of justice and conscience, are bound to assent to all publike Acts as are really illegible for the peace, safety, case, weale, benefit, prevention of mischiefs and redresse of greivances of all, or any of their subjects, without any tergiversation, or unnecessary delayes, when they are passed and tendered to them by both Houses, and that in such acts as these they have no absolute Negative voice at all, but ought to give their speedy, free, and full consents thereto, unlesse they can give satisfactory reasons to the contrary.

Sixthly, All our ancient K ings of England, (as the premises, with all publike usefull statutes enacted in their reignes evidence) have alwayes usually given their free and full consents in Parliament to such publike acts as these, without deniall or protraction, conceiving they were bound by oath and duty so to doe; and if they ever denyed their royall assents to any Petitions or Bills of the Lords and Commons of this nature, they alwayes gave such good reasons for it as satisfied both Howses: illegible their answers to infinite Petitions yet extant among the Parliament records. Therefore the King now is as much obliged there to as they.

Seventhly, If the King in point of law, should have an absolute negative voice in denying his assent to publike Bills of meere right, and justice; then he should have power by law to deny justice and right, and to doe wrong and iniustice to his people; a prerogative which neither God himselfe, nor any lawfull Monarch ever yet chalenged; but renounced with greatest detestation. I read in * Plutarch that when a illegible said to king Antigonus, that all things were honest and illegible to Kings, he answered: only indeed to Kings of Barbarians but to us honest things are to be accounted for honest, only illegible things for illegible And that * Acroiatus gave the like answer to his illegible when they illegible him to doe an uniust thing: Quoniam illegible me optima agere, optimum autem est cum privato, tum multo illegible Principi id quod est justum, agam que illegible quæ viro dicitis detrectabo. Yea our law expresly denies the King any such uniust prerogative, by these unquestionable maximes: ( f ) the King neither can, nor eught by law to doe any wrong seeing he is Gods Vicar, and the fountaine of Iustice. Et hoc solum Rexnon potest facere, quod non potest injuste agere: which our ( g ) law-books make no defect of power, but one of the highest branches of the Kings Prerogative: For confirmation whereof, I shall only cite one notable Record, 7. H. 4. Rot. P arl. Numb. 59. The Commons complained, that by the favour of Ordinaries, divers incumbents were outed of their benefices by superinstitutions upon presentations of the King, contrary to the statute in that case provided; and were denied a Scire facias, without a speciall license or command of the King first obtained, to the great offence of God, and against reason and law * BECAUSE SUCH AN ACT CANNOT BE ANY PREROGATIVE AT AL IN OUR LORD THE KING, WHICH IS DEROGATIVE TO THE EXECUTION OF RIGHT AND IVSTICE. Wherefore they petitioned the King, that he would be pleased to grant and command the Chancellor, to deliver a Writ of scire facias to every of his Lieges who are outed of their benefices or possessions by the foresaid title of the King, and that thenceforth the Chancellors shall bee bound to deliver by authority of their Offices this Writ of scire facias at the sute of the parties; and further, to doe right to the parties, without suing to the King, and without other warrant from him. To which the King gives this answer. The King wills, that the said statute be firmly held and kept; and farther willeth and granteth, that if he presents to any benefice which shall bee full of any Incumbent, that the Presentee of the King shall not bee received by the Ordinary to such a benefice, untill the King hath recovered his presentment by processe of Law in his owne Court: and if any Presentee of the King bee otherwise received, and the Incumbent outed without due Processe, as aforesaid, the said Incumbent may commence his sute within one yeare after the Induction of the Kings Presentee, or later. And further, the King wills, that no ratification granted for the Incumbent, after that the King hath presented and taken his sute, shall bee allowed pending the plea, nor after the judgement given for the King; but that such judgement shall bee fully executed, as reason demands. Loe here the Commons and Parliament affirme, and the King himselfe subscribes thereto: That the King neither hath, nor yet can have any Prerogative at all, which is derogative, or any impediment at all in the execution of Right and Justice; and disclaime a negative voyce, or power, in him, in granting a scire facias to particular Incumbents, unduly outed of their Liring by a pretended prerogative power, against Reason and Law. Therefore a illegible the King, by his prerogative, neither hath, nor can have any absolute Negative voice at all to hinder the passing of publike Bills presented to him by both Houses, for the due execution of right and iustice, and the weale, peace, or safety of the whole K ingdome. That speech of ( h ) K ing Zedekiah to his Princes (though in a bad case) is an undoubted verity here: Behold hee is in your hands; FOR THE KING IS NOT HE THAT CAN DOE ANY THING AGAINST YOU: and likewise of King David to his people: 2 Sam. 18. 3. 4. WHAT SEEMETH TO YOU BEST I WILL DO. In one word, as it no impotency in God, but a part of his owne divine prerogative; ( i ) that he cannot possibly illegible that he cannot deny himself, ( l ) that he is immutable and changeth not, that he ( m ) cannot do injustice: And as it was the Apostles highest priviledge, 2 illegible 13. 8. We can do nothing against the truth, but for the truth. So it no note of impotency but of highest Soveraignty in our Kings, that in all Bills of publike Right and Common Iustice, they have no Negative voice or power at all to withstand or deny their passing; for then they should have a prerogative to deny common Right and Iustice, and so to doe publike injustice, which God himselfe (whose visegerents they are) is uncapable of, and never derived to them. I will close this reason with that memorable speech of that great heathen Emperour Jalius Casar, which he somtimes used at Rome in the Councell-house; * Touching all other affaires that are to be taken in hand for your sake, I am both your Consul, and your Dictator; but as touching any wrong to be done to any man, I am as a private man without office.

( k ) Eightly, Our Kings have ever claimed this as an absolute duty from their subjects in Parliament, to grant them such speedy, free, and competent ayds, subsidies, customes for the necessary defence of themselves, and the Kingdome, and support of their royall estates, as the illegible of their publike warres, and affaires required; and the subjects (though they have sometimes denied subsidies to their Princes upon reasonable causes, and excuses all eadged by them, expressed in our ( n ) Historians ) yet have always held it their ( o ) BOUNDEN DUTY to grant such ayds in Parliament, when (and sometimes before) they have been required, and have really done it without refusall, when they saw just cause to grant them; as all the old and new Acts for the grant of Customes, Subsidies, Dismes, Quindismes, Tonnage and Poundage, Polemoney, with other such aides in all our Kings Reignes, abundantly evident. Therefore the King (who is as much obliged by oath and duty to aid his subjects, and provide for their common protection, weale, peace, ease, as they are to provide for His, and the Kingdomes safety) is by like reason as much obliged in duty not to deny them such publike Acts; as they are not to deny him publike aides.

Ninthly, Kingdomes and Commonweales were existent before Kings, for there must be a Kingdome, and society of men to governe (as ( p ) Aristotle, ( q ) Cicero, ( r ) Polsbius, ( s ) Augustine, ( t ) Fortescue, and all other Polititians accord) before there could be a King elected by them for to governe them: And those Kingdomes and societies of men had (for the most part) some common lawes of their owne free choice by which they were governed, before they had Kings; which lawes they ( u ) swore their Kings to observe before they would crowne or admit them to the government; and likewise gave them a further oath, to passe and confirme all such subsequent lawes as they should make choice of for their publike benefit and protection; as is evident by the Coronation oaths of all our illegible (yea of other Christian, and most illegible Kings ) continuing to this very day; and these words in the Kings oath QUAS VULGUS illegible (which intimates the choice of Lawes to be wholly and fully in the peoples free elections) prove beyond Contradiction: Yea those ancient law-givers ( x ) illegible illegible illegible Numa, with others, who illegible paines to compile Lawes for illegible all Kingdomes and Republikes, did only recommend them to the people, whose voluntary illegible illegible them made them illegible Which lawes they either altered or repealed as they saw cause. Besides, during Interrognums in forraigne elective Kingdomes, the Estates in Parliament have power to make new binding Lawes, repeale and after old, as they did in ( y ) Aragon after illegible his decease) before they dected a new King (whom they swore to observe the Lawes then made, before they would admit him) without any Kings assent at all who yet give their royall assent to Lawes made in their reignes: And in our owne and other successive Kingdomes during the Kings infancy, dorage, abseence, the Kingdomes and Parliaments have an absolute power (as I have already manifested) to create Regems or Lord-Protectors; to execute royall authority and give royall assents to publike acts in the Kings name and steads, without their actuall personall assents; which lawes being necessary for the Subject, shall be as firme and obligatory to King and Kingdome, as those to which they actually assent: Yea, if Kings chance to die without any heire, the Kingdome in such a case may assemble of themselves, and make binding necessary lawes without a King, and alter the very frame of government, by publike consent. Therefore the royall assent to just, necessary, publike Bills, is in truth but a formall Ceremony or complement ( much like a Kings Coronation ) ( z ) without which he may be, and is a lan full King, ) bestowed by the people upon Kings for their greater honour, with this limitation, that they must not deny it when they of right require it; not simply to make, but declare and confirme a law already made and passed by both houses (much like a Tenants ( a ) attornment to the grant of a Reversion ) And therefore Kings may neither in law, nor conscience deny it when it is necessarily demanded to any just publike Bills, unlesse they can shew good verson to the contrary, so farre as to satisfie the people why such lawes should not passe.

Tenthly, Our very lawes in many cases deny the King an absolute negative voice or power, even in matters of Prerogative, because they are contrary to his oath, and mischeivous to the Republike. This appeares most clearly in matters of Pardons, the Statute of 2 E. 3. c. 2. 14 E. 3. c. 15. 13 R. 2. c. 1. 16 R. 2. c. 6. enact. That Charters of pardon shall not be granted for manslaughters, Roberies, Fellonies, and other Trespasse, but ONLY WHERE THE KING MAY DOE IT BY HIS OATH; that is to say, where a man slayeth another in his owne defence, or by misadventure, ) or in case, where he may doe it KEEPING AND SAVING THE OATH OF HIS CROWNE. Soe the King ( b ) cannot pardon nor release the repairing of a Bridge or Highway, or any such like publike charges, or any publike Nusances or offences against pænall Lawes pro bono publico, because it is contrary to the trust and confidence reposed in him for the publike good, because the republike hath an interest herein: and the pardoning of them would be mischeivous for the common good: In like manner the King ( c ) cannot deny, delay, nor deferre Iustice, nor stay the Judges from doing present right and justice to any of his Subjects by his Letters under his greator or privy seale, because it is contrary to his oath and duty: Neither ( d ) can he by his absolute Prerogative, impose any the least taxe or imposition on his subjects without their common consent in Parliament; nor ( e ) yet authorize any other to kill, beat, wound, imprison any mans person, or take away his goods, without due processe of law; Yea the very lawes and custome of the Realme deny the King any absolute negative voice even in the Parliament House in reversing erronious Iudgments, Charters, Patents, declaring what is law in difficult cases, or in proceedings and sentences against Delinquents, or in any one particular whatsoever which concernes the administration of right or common Iustice. Therefore by the selfesame reason, the very law denies him any such negative voice in refusing his royall assent to Pills of common right and Iustice; And as both Houses doe allwayes over-rule the King, not He both Houses in the one; so, by parity and congruity of reason, they ought to oversway him in the other; there being the same reason in both cases, and the one no greater an entrenchment upon his Prerogative then the other.

Eleventhly, This is infallibly proved by the usuall forme of our Kings answers to such Bills as they assent not to, ( b ) Le Roy soit a visera; The King will be advised, or take further consideration: which is no absolute denyall, but a craving of longer time to advise upon them, and thereupon to assent to them if he can see no iust cause to the contrary, or else to give satisfactory reasons why he cannot assent: Which answer were not proper, nor formall, had the King an absolute negative voyce to reject Bills, without rendring a sufficient reason of his refusall of them.

Twelfthly, Publike Bills for the Subjects common good, are formed for the most part, by the Lords and Commons themselves, who in truth (as I have elsewhere proved) are the chiefe Law makers, who (as ( c ) Aristotle defines) know illegible what is good and necessary for their owne benefit, then the King, their publike Minister for their good; Itaque maiorum rerum potest as illegible populo tribuitur, is Aristotles resolution. Therefore in passing such Bills, there is greater reason, that both Houses should over-rule the King, then the King them. It is usuall in all inferiour Counsels of State, Law, Warre, of the Kings owne choise, for the Counsell to over rule the King in matters of State, Law, Warre, unlesse the King can give better reasons against, then they doe for their conclusive advise; and Kings in such cases doe usually submit to their Counsels determinations, without contradiction; of which we have sundry Presidents, not onely in profane, but ( d ) Sacred Story. Physicians in points of Physicke, Lawyers of Law, Divines of Divinity, Souldiers of Warre, Pilots of Navigation; and so all Artists in their severall Arts, not only instruct, but over-sway their Princes, without finall contradiction: This being a knowne received Maxime in Law; Vnicuique in sua arte perito est credendum: And shall not then the Grand Counsell of the Realme in all publike State-affaires, Bills of Consequence, much more over-rule the King, then his Privie-Counsell? Especially since in the Statutes of 1 H. 4. c. 6. 4. H, 4, c, 1, it is enacted to the end that the King may not be deceived in his Grants and Gifts, annuall or in fee, or in any offices by him to be made, given, or granted, HE WILL by the assent of the Lords Spirituall and temporall, and at the request of the Commons BE COUNSELLED BY THE WISE MEN OF HIS COUNSELL IN THINGS TOUCHING THE ESTATE OF HIM AND HIS REALME; and that he will make no such gifts nor grants, saving to such persons as the same deserveth, and as best shall seem to the King AND HIS COUNSELL. And sith it is THE DESIRE OF ALL THE ESTATES OF THE REALME, that nothing should be so demanded of the King; he wills that all those that make any such demand contrary to this Statute shall be punished by advise of him and his Counsell, and that he that maketh such demand, shall never have the thing so demanded. A law now meet to be put in execution.

Thirteenthly, If the King should have on absolute Negative: oyce, in refusing such publike Bills as are necessary and expedient for the common good and safety of his people, it would rest in the meere power and pleasure of a wilfull or misadvised King, seduced by evill Counsellours, to deprive the Kingdome of the principall use, benefit, and priviledges of Parliaments, (*) the making of good and wholsome lawes, for the good government of the Realme, the removall or prevention of emergent grievances or dangers, and execution of publike Justice on Delinquents; to the great perill, prejudice, if not ruine of the Realme. And our ( f ) Annuall or Trienniall Parliaments should serve then to no other purpose, but to supply the King with Subsedies, or keep the Wool sacks and Benches from growing mouldy, whilst the Lords and Commons sate upon the rather like so many Cyphers without a figure, then a Court of Parliament; if the Lawes of the Realme were in the Kings hand or breast alone, as Richard the 2. sometimes said they were (at ( g ) Article obiected against him at his deposing,) contrary to that approved resolution of ( h ) Aristotle whatsoever seemes good to the maior part of the Governours of the Common-wealth that is established for a Law; which holds good in the Kingdome of ( i ) Aragon at this day; where the King in making publike Lawes hath no absolute negative Force, nor yet in summoning of Parliaments, which are constantly held at their illegible times every yeare or two at furthest, whether the King will or not.

Fourtenthly, God himselfe ( the illegible King of Kings, and Lord of Lords ) held this a principall part of his soveraigne divine Prerogative; to give his people from heaven (when they needed and required it) right Judgments, and Lawes of truth, good Statutes and Commandements for their good and wellfare: Neh. c. 14. Exod. c. 19. and 20 and 21. Deut. 4. 8. to 41. and chap. 5 throughout: Neither illegible doth, will or can he deny any just or necessary suite, prayer or petition that his poor servants and creatures ( though but dust and ashes ) joyntly, or severally put up unto him; but most willingly grants without the least deniall, or unnecessary delay, what ever good and needfull things they require at his hands. And can or dare Kings then claime a greater, an higher Prerogatiue illegible their Kingdomes, and subjects, then God himselfe, the King of Kings, doth over his creatures? or arrogate to themselves an absolute Negative voice, where God himselfe (whose servants and vice gerents only Kings are ) neither hath nor will have any, but utterly disclaimes it? God forbid, that any such arrogant thought should ever enter into the hearts of any christian Kings, who being in truth but servants to, not absolute Lords over their Kingdomes, in whom the soveraigne legislative power and authority resides, must, and ought by the Lawes of God and man, rather condescend to their Parliaments and Kingdomes just requests, in assenting to necessary wholsome illegible Lawes, then their Parliaments and Kingdomes quietly submit to their unjust illegible unto them to the publike prejudice, as is clear by 2 Sam. 8. 4. to the end.

Finally, our Ancestours have been so farre from beleeving, that our Kings have an illegible negative voyce in such Bills as these, that they have not onely constrained our Kings by threats, yea force of Armes, to summon and continue Parliaments, but likewise compelled them to give their Royall Assents to Magna Charta, Charta de Foresta, illegible Chartarum, Articuli super Chartas; with sundry other publike Statutes of Right and Justice for the common good and Subjects safety, and to ratifie them with their hands, Seales, Oathes, Proclamations, the Bishops solemne illegible communications, yea and the Popes leaden Bulls, against their will and liking, as I have plentifully manifested in the former part: Which forced assents have been held good in Law, to binde these Kings and their successours, with this distinction; where the Lawes to which this assent was forced are convenient, necessary, or essentiall for the Kingdoms welfare, the Subjects just Liberty, and such as the King by duty and oath is bound to assent to; there, if they compell the King to give his assent in case of wilful denyall the assent is binding, and shall not be avoided by Duresse, because the King doth no more then he is obliged by Law, Oath, and Duty to condiscend to: Upon which ground, a ( l ) Tenant inforced to attorne to a grant of a reversion by imprisonment, upon a Quid juris clamat, shall never avoid this attornment by Duresse; nor an ( k ) Obligation made by one taken in execution for payment of a just debt; nor the just judgment of a Judge given by menaces shall not be avoyded: ) This is cleere by Magna Charta, and other Lawes gotten at first by ( m ) Duresse and Menaces from our Kings, and yet firme and binding when even thus assented to, because just and necessary; as King Henry the 3. Anno illegible confessed; ( n ) Who when the Barons demanded of him the confirmation of the great Charter, and their Liberties according to his Oath upon the conclusion of the peace with Lewis; illegible Brewer, one of the Kings Counsell answering, that the Liberties they demanded must not be observed because they were violently extorted, and words hereupon growing between the Barons and him, and the Arch-bishop of Canterbury kindling at it; the young King prudently closed up the whole strife with this speech; All of us have sworne to these Liberties, and that which we have sworne ALL OF US ARE BOUND TO OBSERVE. But where the Acts to which the assent is gained, are unjust or illegall, such to which the King was not bound by Oath or duty to consent, but meerely out of necessity to avoid imminent danger of death, or other mischiefe, and where the whole Parliament was enforced as well as the King; there the acts may be avoided by Duresse, as is evident by the Statutes of 11. and 21. of R. 2. c. 12. by the Statute of 31 H. 6. c. 1, (which makes voyd all the Petitions granted by this King in a former Parliament the 29. of his Reigne, and all indictments made by Duresse, through the Rebellion, Tyranny, and Menaces of Iack Cade and his rebellious rout of Traytors ) and by 39. H. 6. c. 1. 15. E. 3. stat. 2. and 17. E. 4. c. 7. Yet these enforced unjust Bills, being publike Acts, done in a legall forme, are not meerly void, but good in Law till they be repealed, and nullified by a subsequent Parliament; (as is evident by the next forecited Statutes;) even as a ( o ) Marriage, Bond, or deed made by illegible or Menace, are good in Law, and not meerly void, but voidable only upon a Plea and Tryall. And if subsequent Parliaments refuse to repeal these forced Laws, and to declare the Royall assent thereto by coertion, void or illegall, the King cannot avoid them by Duresse (because his Royall assent is a judiciall Act in open Parliament, which his oath and duty obliged him to give, and the Lawes are rather the Parliaments Act which was not forced, then his owne,) but they remaine in full vigour as if he had freely assented to them; which is most evident by the Statutes made in 10. and 11. R. 2. which though extorted from the King by Duresse, against the will and liberty of the King, and right of his Crowne, as is pretended and declared in the Statute of 21. R. 2. c. 12. yet they continued in full strength for ten yeares space or more, (during which time there were no lesse then 8. Parliaments held under this King) because these Parliaments refused to reverse them upon this pretext of Duresse.

From all which illegible I humbly conceive, I may infallibly conclude, That the King in passing the for illegible kinde of Bills, of Common Right and Iustice for the Kingdomes, and the Subjects weale and safety, hath no absolute negative voyce, but must and ought of common right and Justice, by vertue of his Royall oath and duty, to give his ready and free assent unto them without any tergiversation. And so the Parliament in their Declarations to this purpose, hath no wayes invaded nor injured his Majesties just Prerogative royall in this particular.

Nor those members in it eclipsed his Royall grace, who have upon occasion given affirmed, the Petition of Right, the Bills for Trieniall Parliaments (which before by Law were to be annuall at least;) the continuance of this Parliament without adjournment, for the Kingdomes necessary preservation; the acts against Shipmoney, Forest-Bounds c. (illegall new illegible grievances, and oppressions not heard of in former Kings Reigns) and the Statutes for the suppression of the Star-Chamber, High Commission, Knighthood, and Bishops votes, (lately growen intollerable grivances and mischeifes to the Realme; Especially since his Majesties Reigne;) to bee no acts of * most transcendent Grace, such as never any Prince before vouchsafed to his people, as they are daily cried up in Presse and Pulpet; but Bills of meere Common Right and Iustice, which the King by his Royall Office, Oath, Duty, in Law and Conscience ought to assent unto, and could not without apparent injustice deny to passe, when both Houses urged him thereunto; the unhappy fractions of all Parliaments, and Grievances of these Natures under his Majesties owne Reigne and Government, occasioned by his evill Councellers, being the sole grounds and just occasions of enacting these necessary Laws for the Subjects future security; if the sword now drawen to suppresse the Parliament, and cut these Gordians (or rather Cobwebs, as Diogenes once termed Laws), sunder, deprive them not of their benefit, before they scarce enjoy it.

I should now here proceed, to manifest the Parliaments taking up of defensive Armes against his Majesties Malignant Army of Prosessed Papists, Delinquents, and pillaging mutthering illegible (whose grand designe is onely to set up Popery and an absolute illegible Government over our consciences, bodies, estates) in defense of their own persons, priviledges, the Subjects Laws, Liberties, Properties, and our Protestant established Religion (devoted by Papiststo eternall ruine, as we have cause to illegible ) to be just, lawfull, and notreason not rebellion at all against the King, neither in point of Law nor conscience; And that the Parliaments assessing of men towards the maintenance of this necessary defensive warre, by an Ordinance of both Houses onely without the Kings assent, (now wilfully absent from, and in armes against his Parliament and People) with their distraining and imprisoning of such as refuse to pay it; and their confinement and securing of dangerous Malignants, to be justifiable by Law and ancient presidents. But this part being already growne some what large, and having lingred much longer at the Presse then I expected; I have thought it more convenient, to reserve the remainder for a future Treatise by it selfe, then to hinder the state illegible the present benefit, which it may receive by this, through Gods blessing, ere the other can illegible compleated; which I hope will fully un-blindfold the hood winkt world, and either satisfie the consciences, or stop the mouthes of all who are not wilfully malicious against the Truth and Parliaments proceedings; and the Soveraigne Power of Parliaments and Kingdoms, over their Kings themselves.

FINIS partis illegible

Errata

Page, 5, l, 6. for unjust, r, out just. p. 15, l. 29. mans. p. 50. l. 2. ever over. l. 20. title, like. p. 52. l. 46. provisious. p. 48. l. 16. in the margin, Iames, illegible illegible other presse errors are in some few copies: but corected in the most.

10.: [William Walwyne], The Power of Love (19 September, 1643).

THE POWER OF LOVE

LONDON, Printed by R.C. for John Sweeting, at the signe of the Angell in Popes-head Alley.

1643.

To every Reader.

For there is no respect of persons with God: and whosoever is possest with love, judgeth no longer as a man, but god like, as a true Christian. What’s here towards? (sayes one) sure one of the Family of love: very well! pray stand still and consider: what family are you of I pray? are you of Gods family? no doubt you are: why, God is love, and if you bee one of Gods children be not ashamed of your Father, nor his family: and bee assured that in his family, he regards neither fine clothes, nor gold rings, nor stately houses, nor abundance of wealth, nor dignities, and titles of honour, nor any mans birth or calling, indeed he regards nothing among his children but love. Consider our Saviour saith. He that hath this worlds goods, and seeth his brother lack, how dwelleth the love of God in him? Judge then by this rule who are of Gods family; Looke about and you will finde in these woefull dayes thousands of miserable, distressed, starved, imprisoned Christians: see how pale and wan they looke: how coldly, raggedly, unwholsomely they are cloathed; live one weeke with them in their poore houses, lodge as they lodge, eate as they eate, and no oftner, and bee at the same passe to get that wretched food for a sickly wife, and hunger-starved children; (if you dare doe this for feare of death or diseases) then walke abroad, and observe the generall plenty of all necessaries, observe the gallant bravery of multitudes of men and women abounding in all things that can be imagined: observe likewise the innumerable numbers of those that have more then sufficeth. Neither will I limit you to observe the inconsiderate people of the world, but the whole body of religious people themselves, and in the very Churches and upon solemne dayes: view them well, and see whether they have not this worlds goods; their silkes, their beavers, their rings, and other divises will testifie they have; I, and the wants and distresses of the poore will testifie that the love of God they have not. What is here aimed at? (sayes another) would you have all things common? for love seeketh not her owne good, but the good of others. You say very true, it is the Apostles doctrine: and you may remember the multitude of beleevers had all things common: that was another of their opinions, which many good people are afraid of. But (sayes another) what would you have? would you have no distinction of men, nor no government? feare it not: nor flye the truth because it suites not with your corrupt opinions or courses; on Gods name distinguish of men and women too, as you see the love of God abound in them towards their brethren, but no otherwise; And for that great mountaine (in your understanding) government, ’tis but a molehill if you would handle it familiarly, and bee bold with it: It is common agreement to bee so governed: and by common agreement men chuse for governours, such as their vertue and wisedome make fit to governe: what a huge thing this matter of trust is made of? and what cause is there that men that are chosen should keepe at such distance, or those that have chosen them bee so sheepish in their presence? Come, you are mightily afraid of opinions, is there no other that you feare? not the Anabaptists, Brownists, or Antinomians? Why doe you start man? have a little patience, would you truly understand what kinde of people these are, and what opinions they hold? If you would; bee advised by some learned man, and with him consult what hath learnedly beene written of the most weake and vitious amongst any of them that could bee found, and make your conclusion (according to custome) that they are all such: but if you would free your selves from common mistakes concerning those your brethren, then acquaint your selves with them, observe their wayes, and enquire into their doctrines your selfe, and so make your conclusion, or judge not of them; visit them, heare them out, stand cleare from all prejudging: and then see what dangerous people they are that are generally so called: particulars being absurd rules of judging; for so the Turke is misled in his judgment of Christianity: and no marvaile since hee judgeth thereof by the doctrine and life of the most superstitious, Idolatrous, and vitious amongst them. Well, what next are you afraid of? for some men take delight to be under the spirit of bondage, and doe not think themselves in good estate except they be in feare: but come, feare nothing, you are advised by the Apostle to try all things, and to hold fast that which is good: to prove the Spirits whether they bee of God or not: ’tis your selfe must doe it, you are not to trust to the authority of any man, or to any mans relation: you will finde upon tryall that scarcely any opinion hath beene reported truly to you: and though in every one of them you may finde some things that you cannot agree unto, you will yet be a gainer, by discovering many excellent things that you as yet may be unsatisfied in, and by due consideration of them all perfect your owne judgement. Reade the ensuing discourse impartially, and you will finde the minde of him that hateth no man for his opinion; nor would have any man troubled for any opinion, except such, as make the bloud of Christ ineffectuall, or such as would destroy all that will not submit to their opinions; hee seemes to bee of the Apostles minde, that considered all other things in love: (and that in matters of moment too, even where some observed a day unto the Lord, others not observed) He bids you walke in love, as Christ hath loved you, and gave himselfe for you, an offering and a Sacrifice; you that love your brother so poorely, as that you cannot allow him the peaceable enjoyment of his mind and judgment would hardly lay downe your life for him; let brotherly love continue, and let every one freely speake his minde without molestation: and so there may be hope that truth may come to light, that otherwise may be obscured for particular ends: plaine truth will prove all, sufficient for vanquishing of the most artificiall, sophisticall errour that ever was in the world; give her but due and patient audience, and her perswasions are ten thousand times more powerfull to worke upon the most dull refractory minde, then all the adulterate allurements and deceivings of art. What is here publisht is out of fervent love to the Communion of Christians: that they might tast and see how good the Lord is. In whose presence there is fulnesse of joy, and at whose right hand there are pleasures for evermore. Wherefore rejoyce in the Lord alwayes, and againe I say rejoyce: and let your song bee alwayes. Glory be to God on high, in earth peace, good will towards men. Let truth have her free and perfect working, and the issue will bee increase of beleevers: let faith have her perfect working, and the issue will bee increase of love: and let love have her perfect working, and the whole world will be so refined, that God will be all in all; for hee that dwelleth in love, dwelleth in God, in whom, ever fare you well, and bee cheerefull.

Tit. 2. ii, 12. The grace (or love) of God that bringeth salvation unto all men hath appeared, teaching us to deny ungodlinesse and worldly lusts, and to live soberly, righteously, godly in this present world.

It is evident (though it be little regarded or considered, the more is the pity) that in naturall things all things whatsoever that are necessary for the use of mankinde, the use of them is to be understood easily with out study or difficulty: every Capacity is capable thereof; and not only so, but they are all likewise ready at hand, or easily to be had: a blessing that God hath afforded to every man, insomuch, that there is no part of the habitable world, but yeeldes sufficient of usefull things for a comfortable and pleasant sustentation of the inhabitants; as experience testifieth in all places; and Saint Paul witnessed that God left himselfe not without witnesse, in that he did good, gave them raine from heaven, and fruitfull seasons, feeding their hearts with foode and gladnesse: by all which it plainely appeares that God ever intendeth unto man a pleasant and comfortable life: you know it is said, that God made man righteous, but he sought out many inventions: that is, he made him naturally a rationall creature, judging rightly of all things, and desiring only what was necessary, and so being exempt from all labour, and care of obtaining things superfluous, he passed his dayes with aboundance of delight and contentment: until he sought out unto himselfe many inventions: inventions of superfluous subtilities and artificiall things, which have beene multiplied with the ages of the world, every age still producing new: so now in these latter times we see nothing but mens inventions in esteeme, and the newer the more precious; if I should instance in particulars, I should or might be endlesse, as in diet, your selves know to your costs, (for it costs you not only your monyes, but your healths, and length of dayes) that this fruitfull nation sufficeth not to furnish scarce the meanest meale you make, but something must be had to please the luxurious palate from forraine and farre countryes: and ever the farther the better, and the dearer the more acceptable; you know likewise the excessive provision that is made for entertainments and set meetings, where all grosse meates (you know my meaning) must be banished, and nothing admitted but what is rare and fine, and full of invention, in the dresses, sauces, and manner of service: where all the senses must be pleased to the heighth of all possible conceipt. If I should reckon up your new inventions for buildings, and furniture for your houses, and the common costlinesse of your apparell, and should set before you the manifold vexations, perplexities, distractions, cares, and inconveniences that accrew unto you by these your vaine and ridiculous follies, I might be endlesse therein also, and lose my labour; for there is no hope that I should prevaile for a reformation of these things, when your daily experience scourges you continually therunto, in one kind or other, and all in vaine; yet I shall take leave to tell you that in these things, you walke not as becommeth the gospell of Christ, but are carnall and walke as men, as vaine, fantasticall, inconsiderate men; such as very heathen and meere naturall men would be ashamed of: their experience (that a life according to nature, to be content with little, with what was ever ready, and easy to be had, was the most pleasant life and exempt from all vexations) was instruction sufficient unto many of them, to frame themselves thereunto, and to abandon all kindes of superfluities, without retaining the least; thereby obtained a freedome to apply themselves to the consideration and practise of wisedome and vertue.

It is a wonderfull thing to my understanding, that men should call themselves Christians, and professe to be religious, and to be diligent readers of Scripture, and hearers of Sermons, and yet content themselves to bee indeed in many things carnall, and to walke as did the most indiscreete and inconsiderate Gentiles. Doth the Scripture teach no more then nature teacheth? though it doe infinitely, yet your practise compared with wise considerate naturall men declares it doth not; how extreamely then (thinke you) doe you cause the name of God to be blasphemed? Doe you thinke it is sufficient that you are not drunkards, nor adulterers, nor usurers, nor contentious persons, nor covetous? beloved, if you will truely deserve the name of Christians, it is not sufficient: but you are to abandon all superfluities, all poring after vaine superfluous things, and thereby to exempt your selves from all unnecessary cares that choake the Word, and bee at liberty to consider, and to apply your selves freely to the continuall contemplation of the infinite love of God, evidently and plainely set forth unto you in his blessed word: as in the words that I have read un[to] you: for as it is in naturall things, so holds it in spirituall: God hath dealt abundantly well with us; there being nothing that is necessary either for the enlightning of our understandings, or the peace of our mindes, but what hee hath plainely declared and manifestly set forth in his Word: so plainely, that the meanest capacity is fully capable of a right understanding thereof, and need not to doubt but that he is so. I will not say that God is not more good unto us, then we are hurtfull to our selves, (for his goodnesse is more availeable to our welfare, then our evill can be to our misery) but wee are as evill to our selves in all things as we can be possible: and that not onely in naturall things, but likewise in spirituall and divine things too, for therein also we have our inventions; the plaine and evident places of Scripture and manifestly declaring our peace and reconciliation with God, is become nauseous to us: they make salvation too easie to be understood, and tender it upon too easie tearmes, and too generall: this Manna that comes to us without our labour, industry, study, and watching, is two fulsome, something that hath bones in it must bee found out, and will become more acceptable: every child or babe in Christs Schoole can understand these: We are full growne men in Christ, wee have spent our time in long and painefull studies, and have full knowledge in all Arts and sciences: there is no place of Scripture too hard for us: shew us the mysteries we cannot reveale: the Parables that wee cannot clearely open: the Prophesies that wee cannot interpret: a word or Syllable that wee cannot fitly apply, or the most palpable seeming contradiction that we cannot reconcile; nay it is to be doubted (wee have scene the vaine humour of man puft so high, and the world so filld and pestered with works and labours of this vaine nature) lest there are some such daring undertakers, that like as Alexander the great is said to have wept that there were no more worlds to conquer, so these Champions are grieved that there are no harder places for their braines to worke upon: or (which is more to bee lamented) one would feare they are much troubled that the most necessary truths are so easie to be understood: for that when they treate upon some very plaine place of Scripture, even so plaine as this which I have read unto you, yet in handling thereof they make it difficult, and darken the cleare meaning thereof with their forced and artificiall glosses: but as I wish there were no such dealers in divine things, so have I in my selfe resolved to avoid these extreame evills: for as in naturall things I am fully assured there is nothing of necessary use but what is easily understood and even ready at hand, so also doth my experience tell me, that we have no bettering of our understandings, or quieting of our mindes (the end for which God hath vouchsafed his word) from any places of Scripture that hath any obscurity in them, but from such as are clearely exempt from all difficulty. You know God frequently complaines by his Prophets, saying, My people will not consider, they will not understand: and when I consider that your owne experience schooles you not sufficiently against your dotage upon the vaine superfluities of this world, wherein you know your selves to be carnall, and to walke as men, heaping unto your selves vexation upon vexation; I doe wonder that it doth not stagger the Ministers of God in their publishing of things divine to a people so qualified, so extreamely inconsiderate: indeed it would make one to suspect that the doctrine that you continually heare, that it were not powerfull nor from heaven, but weake and fitted to your corrupt humours, and customes, since after so long time, it hath not subdued your worldly mindednesse. Sure I am, and I must have leave to tell you, that there is utterly a fault amongst you, nay those expressions are too soft, you have almost nothing but faults amongst you, and you will not consider, which you must doe, and seriously too, or you will never reduce your selves into such a condition, as will be really sutable to the blessed name of Christians. Beloved I have seriously considered it, and it is not your case alone, but it is the universall disease. I know not any that is not infected therewith, nor to whom it may not be said, Physitian heale they selfe; the milke we have suckt, and the common ayre hath beene totally corrupted: our first instructions, and all after discourses have beene indulgent flatterers to our darling superfluities: and therefore he that undertakes the cure, must bee sure to bee provided of a fit and powerfull medicine, and to be diligent and faithfull in his undertaking; it is a taske that I have proposed unto my selfe, and though I should meete with the greatest discouragements, (as, the world is like enough to furnish his utmost forces to preserve his Kingdome) yet considering whose service I have undertaken, and whose works it is, I shall not despaire of successe. I am not ignorant that this worke hath often-times beene attempted, and persisted in: but with little fruit; through the universall mistake, that men are sooner perswaded from their vanities, through pressures of the law, and affrighting terrors of wrath and hell, then by the cordes of love: which yet I abundantly preferre, as you may perceive by this text which I have chosen: for when all is done. It is the love of God bringing salvation, that teacheth us to deny all ungodlinesse and worldly lusts, and to live soberly, righteously, and godly in this present world. I must entreate your most earnest attention, as being full of hope that I shall doe you much more good then you conceive: for I must tell you, I cannot cure you of your earthly mindednesse, of your dotage upon superfluities, till I have first showne you your peace and reconciliation with God, and have wrought in you (through the power of Gods word) peace of conscience and joy in the holy Ghost. You are then seriously to consider what is said, and understanding will succeed. The love of God I know is often spoken of: a theame that hath begotten abundance of bookes and discourses: yet none in no comparison like the Scriptures: most (if not all) discourses, that ever I have read or heard, doe in some sense or other, or in some measure injure and wrong those blessed discourses therof.

The love and favour of God (saith David) is better then life it selfe; What man in the whole world doth not gladly heare the joyfull tydings of the love of God? But it is good that every man rightly understand, and mistake not himselfe in this so blessed and delightfull Subject. I shall lay downe therfore some infallible principles which concerne the same. And I shall tell you nothing but what your selves know: and that is, that God doth most vehemently hate all manner of sinnes, and that it is impossible for him to doe otherwise, as being directly opposite to his most righteous nature: and to that righteous nature wherein at first man was created, for in the likenesse of God created he him; and whilst you consider this, I shall advise you not to flatter your selves as the Pharisee did, saying. Lord I thanke thee I am not as other men, extortioners, unjust, adulterers, drunkards, covetous, proude, or licentious; can you say you have noe sinne? if you should, the word of God would contradict you, which testifieth that he that saith he hath no sinne is a liar, and the truth is not in him; and if sinne be in every one, necessarily it followes where sinne is, there is Gods hatred; nor doeth it any whit excuse or exempt those from the hatred of God, that can say their sinnes are fewe in number, and of very meane condition compared to others: whosoever you are that are thus indulgent to yourselves, you doe but deceive your selves, for Gods hatred, his wrath and anger, is so exact against all and every sinne, and so odious it is in his sight, that he denounceth, saying, Cursed is every one that continueth not to doe all that is written in the booke of the law: So as every mouth must be stopped, and all the world stand guilty before God; and though the sense and deepe apprehension of this woefull condition, doe worke in you the deepest of sorrow, though you should spend your dayes in weeping, and your nights in woefull lamentation, though you should repent your selves in dust and ashes, and cover your selves with sackcloathes: though you should fast your selves into palenesse, and hang downe your heads alwayes: though you should give all your goods to the poore; nay, though you should offer up the fruit of your bodies, for the sinne of your soules; all this and more could be no satisfaction for the least sinne, nor bring any peace to your mindes: but you must of force cry out at last, as Saint Paul did, (stating this sad condition of all mankind under the law) Oh wretched man that I am, who shall deliver me from this body of death! Justly is it called a body of death; for man is of a fraile and weake condition at the best: a considerate man hath death alwayes before him: What joy or comfort then can hee take all his life long; being in the hatred of God, a vessell of wrath, and liable to eternall death in hell fire for ever? What can he looke upon that can give him content? Present a man that walkes in the sense of his sinfull condition, with all the pleasures the world afford, and his sad heart turnes all into death; his conscience continually afflicts him; terrours, and feares, and eternall torments are ever in his thoughts: and such a wounded Spirit, who can beare? My beloved, I would not be mistaken in what I have said of this woefull condition, as though I presented it to your thoughts, as a meanes to terrific you from any your sinfull courses: I know full well it is not the way, it is not Gods way: nor doe I wish this sad condition to be any of yours: though happily it may be thus with many of you: many of you may through sense of sinne, and of wrath due for sinne, waike in a very disconsolate condition: feares and terrours may abound in you: to whom (I doubt not) though great heavinesse may indure for a night, yet greater joy shall come in the morning: which as much as in mee lyes, I shall indeavour to produce in every one of you.

I have presented this woefull condition of all mankind under the law, thus sadly and truly, because I finde generally men doe not seriously consider the bottomlesse depth of the misery from the which they are redeemed: I am not a preacher of the law, but of the gospell; nor are you under the law, but under grace: the law was given by Moses, whose minister I am not: but grace and truth came by Jesus Christ, whose minister I am: whose exceeding love, hath appeared: and because I would have you fully to see and consider his love, therefore did I shew the woefull condition, from which only by his love you are delivered.

Another principle I shall pray you to consider, is that God loves nothing but what is pure and holy, without spot or blemish: so as it is a vaine and delusive doctrin, to say that God passes by our daily infirmities, accepting our wills for our performances: our desire to be obedient to his Commandements, for obedience: for where there is the least defect, God hates for that very defect, and loves not but where there is perfect holinesse and righteousnesse: which makes this truth appeare, that by the deeds of the law shall no flesh be justified in his sight: for by the law is the knowledge of sinne. It is a sad favour that the law ever did unto mankinde, to make his sinne appeare out of measure sinfull, stopping every mans mouth, admitting no plea or excuse on mans behalfe; And yet it is so naturall to thinke that he is still bound to doe something for obtaining the love and favour of God, that you will finde it is the hardest thing in the world to free your selves from it, though it be the grossest Antichristian errour that ever was, for if righteousnesse come by the law, then Christ died in vaine; It is such an errour that untill it be removed out of your mindes, it will be but labour lost to endeavour to worke any truth upon your mindes; and I have much cause, to feare your mindes are tainted therewith, because our publicke catechismes, bookes, and Sermons are for the most part corrupted therewith, so as we sucke this errour in even with our very milke, and it becomes one substance with many of us even to our old age; It was so in the Apostles times, as may be seene in Acts the 15, from the 5. verse to the end of the chapter, where you shall find that some that beleeved affirmed that it was necessary to circumcise, and to keepe the law: but you will finde by the story it was their errour; Also in the second to the Corinthians, the third to the end, where you shall find the law stiled the ministration of death, written in tables of stone (which was the 10 Commandements) and verse the 11. to be done away, and a more glorious ministration to take place and remaine: and yet the breeding of the Jewes being under the law, (though they did beleeve the comming of Christ) yet still (even to that day the Apostle wrote) their minds were blinded, and the vaile remained at the reading of the old Testament, which vayle is done away in Christ. These things (beloved) you are to consider seriously, for that untill you doe undoubtedly see your selves not to be under the law, no not in the least respect, you cannot see your selves to be under grace: that is, in the favour and love of God, untill when you cannot with sound judgment affirme, that which my text affirmeth, that is, that the love of God hath appeared: for he that in any measure conceiveth himselfe to be under the law, doth not clearely discerne the love of god: for that vayle is before his eyes; you all give credit to the word of God: let S. Paul then be your guide to leade you out of this sad Ægyptian bondage who knew all things that concerned the law, yet cryes out, I account all things as losse and dung, that I may be found in Christ, not having my owne (or mans) righteousnesse, which is of the law, but the righteousnesse which is of God in him: make it your own cases by sound consideration, for yee are all justified freely by his grace through the redemption that is in Jesus Christ: your feares, nor sinnes, nor doublings, cannot alter that condition which Christ hath purchased for you, for though the sting of death be sinne, the strength of sin be the law, yet thankes be unto God, for he hath given us the victory through our Lord Jesus Christ: so as you may all boldly say, Oh death where is thy sting, O grave where is thy victory? And that none of you may doubt of his exceeding love, and your perfect reconciliation with God, I wil reade unto you certaine passages (in the 5 chapter, to the Romans,) which if well weighed, will leave you without all scruple, (verse, 6) When we were yet without strength in due time Christ died for the ungodly: you see there that ungodlinesse did not hinder, but that Christ died for thee that art ungodly: dost thou stand amazed, and canst not throwly beleeve? the Apostle grants that to mans judgment it is incredible; for amongst men, scarcely for a righteous man will one dye, yet peradventure for a good man one would even dare to dye: but to confirme thy timorous heart (verse 8.) God commendeth his love towards us, in that whilst we were yet sinners Christ died for us, (v. 9.) much more being then justified by his bloud we shall be saved from wrath through him, (v. 10.) for if when we were enemies, we were reconciled by the death of his Sonne, much more being reconciled, we shall be saved by his life: so as now thou hast cause to joy in God through our Lord Jesus Christ, by whom thou hast received the atonement: and to take from thee all staggering (in the 18. v.) he confirmes thee, saying. As by the offence of one, judgement came upon all men to condemnation: even so by the righteousnesse of one, the free gift came upon all men to justification of life: and (in the 20. vers.) because he knew thy pronenesse to make questions still about the Law, he tels thee the Law entred that sinne might abound, but withall assures thee, that where sinne abounded, grace (or love) did much more abound: that as sinne had reigned unto death, even so grace (or love) might reign through righteousnesse unto eternall life through Christ our Lord.

(Beloved) God by the power of his Word hath begotten so ful assurance of these things in me, as that thereby he hath made me an able Minister of the New Testament: not of the Letter, (or the Law) but of the Spirit: for the Letter killeth, but the Spirit (that is the Gospel) giveth life. Nor doe I see any cause why any of you here present should so much as doubt your salvation; I am a Minister of reconciliation, and am thereby bound to tell you (for woe is unto me if I preach not the Gospel, as in the 2 Cor. 5. 19.) that God was in Christ reconciling the world unto himselfe, not imputing their trespasses unto them: and hath committed unto us the Word of reconciliation; Now then we are Ambassadours for Christ, as though God did beseech you by us, we pray you to be reconciled unto God; for he hath made him to be sinne for us, that knew no sinne, that we might be made the righteousnesse of God in him; so as (however we may vainely conceive to our owne prejudice) God considers us not as we see our selves full of sinne, full of iniquity, but as we should consider our selves, agreeable to all these passages of his blessed Word, fully and perfectly washed from all our sinnes by the bloud of his Son (which every one of us doe beleeve, though we doe not consider) and then with unspeakable joy we shall see that we are reconciled to God by the death of his Sonne: that we are justified freely by his grace: that for our lost righteousnesse of the Law, we are made the righteousnesse of God in him: having peace of conscience and joy in the holy Ghost, by whose word these blessed truths are declared unto us. Are these things so indeed, doth God accept me a poore miserable sinner, as righteous in his sight, and freed from sinne, from all sinne? Heare still the Word of God, he hath borne our sinnes in his body on the tree, and it is the bloud of Christ that cleanseth thee from all sinne: he by his one oblation once offered, hath made a full, perfect, and sufficient satisfaction, and sacrifice for the sinnes of the whole world; and if we sinne, we have an Advocate with the Father, Jesus Christ the righteous: and he is the propitiation for our sinnes; and not for ours onely, but for the sinnes of the whole world. This worke of your redemption and reconciliation with God was perfected when Christ died: and nothing shall be able to separate you from his love then purchased: neither infidelity, nor impenitencie, nor unthankfulnesse, nor sinne, nor any thing whatsoever can make void his purchase: no, though with the Jewes you should deny the Lord that bought you: so powerful was his bloudshedding, and of so full value for discharging of all our debts, past, present, and to come; so infinite is his goodnesse, so free is his love, and so abundantly happy is our condition, though many of us have beene too too ignorant thereof: and for want of this knowledge many of us have walked very uncomfortably, spending our time in fasting, weeping, and mourning; in praying, reading, and hearing, and in performance of other duties, as you call them, and all to get Christ: our feare distracts our judgements, that wee consider not what the Scripture sets forth unto us: if we did, wee should see aparently that it sets forth salvation wrought and perfected for ever: to whom doth it manifest the same? to sinners, to the ungodly, to all the world: a worke perfected, depending on no condition, no performance at all. What would people have to give peace to their mindes? you doe wrong your selves through nice distinctions: the word of God is given to declare these truths, and that he is our peace: the word of God you doe beleeve, and so cannot but be comforted, the onely end for which it is preserved unto you: that you might reade, and know, and understand your blessed condition: for faith comes by hearing, and hearing by the word of God: and you are to looke for no other testimony: nor are you to doubt your selves: for though your present comfort depends upon your beleeving this word, yet the worke of Christ depends not on your beleeving: and though you should not beleeve, yet hee is faithfull and cannot deny himseife to be your redeemer, your peace-maker, your Saviour. Men are not pleased except salvation be proved to be very difficult to bee obtained, it must still depend either on our beleeving, or doing, or repenting, or selfe-deniall, or Sabbathkeeping, or something or other, or else man is not pleased: too easie? good God! that free love should be suspected; that because it is easie to be had, we should put it farre from us; why, God knew full well thou wert dead, he considered that thou wert but dust; suppose he had required any thing of thee, without which thou shouldst have no part in Christ, what a sad case hadst thou beene in? goe thy wayes, and with chearefulnesse possesse his infinite love, and declare unto thy brethren what the Lord hath done for al our souls; tel them that the love of God bringing salvation hath appeared, teaching us to deny all ungodlinesse, and worldly lusts, and to live soberly, righteously, and godly in this present world. And I shall desire to know of all that heare me this day, whereof some may happily be addicted to the corruptions of this world: for our times though we call them times of light, yet do abound with gluttony, drunkennesse, and whoredome, usury, pride, oppression, and all kinde of wickednesse, such as is not to be named amongst Christians, (what shall I say to these things? it will be in vaine for me to reprove you for them: for men never reforme their vices, till first their judgements be well informed, and then they kindly reforme themselves) I shall onely demand whether the love of God doth more appeare unto you now, then it hath done formerly? surely it is impossible but you must be sensible of his love, it is so full and absolute, so free and unexpecting love. How is it possible you should heare and not consider? had it not beene for this unexpressible and unexampled love, you had beene eternally wretched and miserable, companions of Devils, and damned spirits in Hell for ever, where the Worme never dieth, and the fire never goeth out; me thinkes you should embrace this love with open armes, and meditate thereupon day and night: it deserveth to be entertained with the greatest respect, and to be esteemed above ten thousand lives: for (beloved) though it comes freely to you, and costs you nothing, no not so much as a sigh or teare, yet if you read over the story of our Saviours passion, and sufferings, you will finde it was purchased at an excessive price, excessive paines, and excessive torments: nay it is even past wonder that he that thought it no robbery to be equall to God, should be in the forme of a servant, and become obedient to death, even the most bitter death of the Crosse for our sinnes: that he should be made sinne for us that knew no sinne, that we might be made the righteousnesse of God in him; me thinkes these and the like considerations should be powerfull in your minds, that your spirits should even burne within you, untill you found out some way to expresse your thankfulnesse for so great, so infinite love. I cannot suspect the most vitious man in the world, but that hearing these things his heart will make strict enquiry, what he shall render unto the Lord for all his benefits? and his heart once moving in thoughts of thankfulnesse will instantly be inflamed with love, which in an instant refines the whole man. God is love, and love makes man God-like; and henceforth let me pray you to marke the workings of love in your owne soules, and you shall finde that when your long accustomed corruptions (by which you have wounded your owne consciences, and brought dishonour to God, and reproach to the holy name of Christians) doe tempt to the like abominable actions, your love to God that so freely hath loved you, will be so prevalent with you, that you will resolve rather to lose your lives then to show your selves so basely ungratefull: the vanities you have delighted in will become odious unto you: all your labour will be that your conversation be as becommeth the Gospel of Christ, nay you will shunne the very appearance of evill: and if your brother offend you in any kinde whatsoever, you will finde no difficulty to forgive; if you doe, doe but thinke of the love wherewith Christ hath loved you, and nothing can be imagined so abominably injurious but you will gladly forgive. And if you have this worlds goods, and that brother lacke, you will rejoyce that you have an occasion and means to make known unto the world how powerfully the love of God dwelleth in you: you will be able to doe all things through love that strengthens you. Love will be as a new light in your understandings by which you will judge quite otherwise of all things, then formerly you have don; the vanities and superfluities which in the beginning of my discourse I reckoned up unto you, will seeme odious unto you, and you will no longer fashion your selves like unto this world, but will walk as becommeth the Gospel of Christ: you will no longer minde high things, but make your selves equall to men of low degree: you will no longer value men and women according to their wealth, or outward shewes, but according to their vertue, as the love of God appeareth in them: nay if you be studious in this worke of love, nothing will be more deare unto you then the glory of God (who hath so infinitely loved you) so as you will be most zealously opposite to whatsoever is opposite unto God, you will finde it nothing to hazzard your lives for God, in defence of his truth from errour; in defence of your brother or neighbour from oppression or tyranny: love makes you no longer your owne but Gods servants, and prompts you to doe his will in the punishment of all kinde of exorbitances, whether it be breach of oathes, breach of trust, or any kinde of injustice in whomsoever, and to be no respecter of persons; nor will any ones greatnesse over-sway or daunt your resolutions, but you will be bold as Lions, not fearing the faces of men: you will when neede requires, that is, when tyrants and oppressors endeavour by might and force to pervert all Lawes, and compacts amongst men, and to pervert the truth of God into a lie, interpreting his sacred word as patron of their unjust power, as if any unjust power were of God, and were not to be resisted: I say, such insolencies as these will inflame your zeale, and set you all on fire manfully to fight the Lords battell, and to bring into subjection those abominable imaginations and ungodly courses of men: your judgements will be so well informed, as you will know these things are by God referred unto you, and you will not resigne them up to him, but willingly sacrifice your lives and fortunes, and all that is neare and deare unto you, rather then suffer his name to be so blasphemed, or your innocent brethren, or your wives and children to become a prey to wicked and bloud-thirsty men. The politicians of this world would have religious men to be fooles, not to resist, no by no meanes, lest you receive damnation: urging Gods holy Word, whilst they proceed in their damnable courses; but (beloved) they will finde that true Christians are of all men the most valiant defenders of the just liberties of their Countrey, and the most zealous preservers of true Religion: vindicating the truths of God with their lives, against all ungodlinesse and unrighteousnesse of men: making thereby the whole world to know that true Christianity hates and abhorres tyranny, oppression, perjury, cruelty, deceipt, and all kinde of filthinesse; and true Christians to be the most impartiall, and most severe punishers thereof, and of all kinde of wickednesse, of any men whatsoever.

Great is the power of love, for love makes men to bee of one mind: and what can bee too strong for men united in love? and therefore I shall warne you to marke and consider those that make divisions amongst you. I pray mistake me not, I doubt you are too apt in this case to make a wrong application: I doe not meane that you should marke those, that are different from you in judgement, with any ridiculous or reproachfull names: but my advice is that you marke those that make divisions amongst you, and those are they that have invented a name of reproach for every particular difference in judgement: and in their publike Sermons and private discourses, endeavour might and maine to keep at the widest distance, and by odious tales and false imputations make you irreconciliable: nay make you even ready to cut one anothers throates; or by this division prepare you for your common adversaries to cut both yours and theirs too; difference in judgement there will be, untill love have a more powerfull working in our hearts: wee should therefore like wise men at least beare with one anothers infirmities: love will cover all that can bee called infirmity; but resolved malice love it selfe will punish. Such opinions as are not destructive to humane society, nor blaspheme the worke of our Redemption, may be peaceably endured, and considered in love: and in case of conspiracy against our common liberty, what a madnesse is it for men to stand in strife about petty opinions? for who are all those that are so much railed at by our common Preachers? who are they say they? why, they are the most dangerous Anabaptists, Brownists, and Separatists: that are enemies to all order and decency, that cry down all learning and all government in the Church, or Common-wealth. (Beloved) to my knowledg these things are not true of any of them: it is true, they cannot do al things so orderly and decently as they would, because they are hunted into corners, and from one corner to another, and are not free to exercise their consciences, as had they liberty they might, and would; And as for learning, as learning goes now adaies, what can any judicious man make of it, but as an Art to deceive and abuse the understandings of men, and to mislead them to their ruine? if it be not so, whence comes it that the Universities, and University men throughout the Kingdome in great numbers are opposers of the welfare of the Common-wealth, and are pleaders for absurdities in government, arguers for tyranny, and corrupt the judgements of their neighbours? no man can be so simple as to imagine that they conceive it not lawfull, or not usefull for men to understand the Hebrew, Greeke, or Latine; but withall, if they conceive there is no more matter in one language then another, nor no cause why men should be so proud for understanding of languages, as therefore to challenge to themselves the sole dealing in all spirituall matters; who (I say) can blame them for this judgement? they desire that a mans ability of judgement should be proved by the cleare expression of necessary truths, rather then by learning: and since the Scriptures are now in English, which at first were in Hebrew, Greeke, or Syriack, or what other language; why may not one that understands English onely, both understand and declare the true meaning of them as well as an English Hebrician, or Grecian, or Roman whatsoever? I, but saies some politick learned man, a man that doth not understand the Originall language, cannot so perfectly give the sense of the Scripture, as he that doth: or as one that makes it his study for ten or twenty yeares together, and hath no other employment: every man being best skilled in his owne profession wherein he hath been bred and accustomed. I did well to say some politicke learned man might thus object: for indeed what is here but policie? for if it be as such men would imply, I pray what are you the better for having the Scripture in your owne language: when it was lock’d up in the Latine tongue by the policie of Rome, you might have had a learned Fryar for your money at any time to have interpreted the same: and though now you have it in your owne language, you are taught not to trust your owne understanding, (have a care of your purses) you must have an University man to interpret the English, or you are in as bad a case as before but not in worse; for, for your money you may have plenty at your service, to interpret as best shall please your fancie. Let me prevaile with you to free your selves from this bondage, and to trust to your own considerations in any thing that is usefull for your understandings and consciences: and judge more charitably of your brethren, understand what learning is, and to marke those that cause divisions among you, and you shal finde that they are learned men, not unlearned. The learned man must live upon the unlearned, and therefore when the unlearned shal presume to know as much as the learned, hath not the learned man cause to bestir his wits, and to wrangle too when his Copy-hold is in such danger? I pray what was the cause that Demetr. and the Craftsmen cried out, great is Diana of the Ephesians, whom al Asia and the world worship? was it the love to the goddesse or her worship? no, we find it was their covetousnesse and particular gaine? What is it els to cry out, great is learning, great are the Universities, who shall answer an adversary? (money answereth all things) ambition, covetousnesse, disdaine, pride, and luxury are the things aimed at: and if it be not so, by the fruits you shall certainely know. As for government, those that are accused are not guilty, for they are enemies onely to usurpations, and innovations, and exorbitances in government: indeed they are haters of tyranny, and all arbitrary power, but no other: and therefore those that falsely accuse them, are they that cause and foment divisions amongst you: therefore marke them, and be not deceived by their dissembled insinuations to hold you in division, whilst they have opportunity to make a prey of you. You know there are Wolves in Sheepcs cloathing: be wise as Serpents, able to discover them, innocent as Doves, gently bearing with the infirmities of the weake, having nothing in more esteeme then love: thus you will answer love with love: that henceforwards your owne soules may constantly witnes to your selves (what this Scripture expresseth) That the love of God bringing salvation to all men hath appeared, teaching you to live soberly, righteously, and godly in this present world: Now unto him that hath loved us, and washed away our sinnes in his owne bloud, be praise and glory for ever, Amen.

FINIS

11.: William Prynne, An Humble Remonstrance against The Tax of Ship-money (7 October, 1643).

AN HUMBLE REMONSTRANCE AGAINST

The Tax of Ship-money LATELY IMPOSED: LAYING OPEN

The Illegality, Injustice, Abuses, and Inconveniences thereof.

WRITTEN By WILLIAM PRYNNE, Esqu. An. 1636. during his imprisonment in the Tower of London, to free his Countrey from that heavy Tax; and then communicated to some speciall friends in Writing.

Since that printed without his privity, by an imperfect Copy, An. 1641. so full of Non-sence errors, and mistakes almost in every line, as makes it altogether uselesse, yea ridiculous: but now set out by a true Copy, agreeing with the originall; to right the Author, and promote the publique good.

Together with some briefe Observations touching the GREAT SEALE OF ENGLAND.

Fortescue de Laudibus Legum Angliae, cap. 36. f.84. In hoc individuo Rex Angliae, nec per se, nec Ministros suos, Tallagia, Aubsidia, aut quaevis ONERA ALIA imponit Legiis suis, aut Leges eorum mutat, aut nova condit, sine concessione vel asseniu TOTIUS

REGNI SUI IN PARLIAMENTO SUO EXPRESSO.

Imprimatur

Sept. 1. 1643. JOHN WHITE.

LONDON, Printed for Michael Sparke senior, at the signe of the Blew Bible in Greene-Arbour. 1643.

To the Reader.

COurteous Reader, I here present thee with a Compleate Copy, of An humble Remonstrance against the Tax of Shipmoney, ( under which we lately groaned; ) which gave the first great blow to that oppressing project. It was at first communicated onely to some friends in writing, and I know not by what ill carriage, came to the Lords of the Privy Councels hands, before any store of Copies were dispersed; who were so much perplexed at it, for feare it should utterly subvert that illegall Tax, if once divulged, that they used all their art and industry to suppresse it, questioning divers persons, searching sundry studies, imprisoning some, enforcing others to obscure themselves, onely to smother this piece of truth, which yet at last brake forth into divers good hands in despight of all opposition; and thereupon brought this Imposition to a publique debate before all the Judges of England in the Exchequer-Chamber, Anno 1637. 1638. in Mr. John Hampdens case, upon a Scire facias: and since that, before the last abortive, and this present Parliament, which hath dammed it by a speciall Act, as illegall.

The rarity and great esteeme of this Manuscript ( containing many pertinent passages in it, omitted by the Iudges in their Arguments of this subject, ) so much hunted after heretofore, induced some Stationer or other since this Parliament, who had gotten amaimed Copy of it, full of mistakes, both in quotations, names of Authors, words of Art, and ordinary English, to publish it in print An. 1641. without the Authors privity: who lately meeting with a printed Copy of it, found it so full of grosse non-sence errors, mistakes, and imperfections almost in every line, that he scarce knew this child of his owne getting ( which he had not seen in 6 yeeres space before ) but onely by the method and some Quotations: whereupon being somewhat grieved to see himselfe and others so much abused with such a spurious imperfect non-sence brat; having no written Copy by him wherewith to rectifie it; he made diligent inquiry among his Friends for a perfect Copy agreeing with the Originall; which at last he meeting with, gave way it should be published, to right both himselfe and the cause; as likewise to satisfie some Anti-Parliamentary Prelaticall Malignants, with others, who are ready to censure him for other workes formerly and lately published for the common good of Church and State; how much they, ( if not the Republique too ) are obliged to him for this Peece, to ease both them and it of such an intolerable grievance, of which themselves complained then and since, as much as others; it being compiled at such a time, when none else durst write a syllable of this subject; nay, while himselfe lay under the heaviest Wrath and Censures of the King, and those oppressing ill Counsellors, who then swayed all things both in Church and State at their pleasures; being shut up in the very Lyons Denne, Mouth; and yet then durst hazzard all his Prison-comforts, limbes, yea life it selfe, rather then see his dearest Country oppressed, ruined, through his silence, by this Tax, and not assist it to his utmost power.

Let those then, who either quarrell or maligne him for publike wel-doing, refuting Errors, vindicating Truths, with freedome and impartiality, either equall or exceed him in services, in sufferings for the common good of Church and Countrey, notwithstanding all oppositions, discouragements, dangers, losses, that have encountered him in his course; or cease to envy, malice, slaunder him without just cause; else all ingenious spirits will and must necessarily censure them for carping Zoilusses, or malignant Momusses whom no men can please; but such who flatter them in their Errors or Vices; which they must never expect this Author will doe, who is too generous to spare or Court any in their evill or unworthy actions, be they Friends or Foes.

AN HUMBLE REMONSTRANCE To His MAJESTY

AGAINST THE TAX OF SHIP-MONEY NOW IMPOSED:
Laying open the illegality, injustice, abuses, and inconveniences thereof.

MOst Gracious and dread Soveraigne, we Your poore loyall Subjects of this Your Realme of England, now grieved and oppressed with the late Taxes imposed on us, for the setting out of divers Ships to gard the narrow Seas, without our common consent thereunto had in Parliament, doe here in all humble duty prostrate our selves, and this our humble Remonstrance against the said Taxes, at Your Highnesse feet, beseeching Your Majesty, of Your Royall Justice and Clemency, to take the same into your Most gracious Consideration; and thereupon to release us Your poore Subjects from this intolerable burden, grievance, under which we groane and illegible

And here, first of all we most humbly represent to Your Excellent Majesty, that this Tax of Shipmoney, is directly contrary to the fundamentall Lawes and Liberties of this Your Realme of England, which Your Majesty both in point of Iustice and Honour is obliged inviolably to preserve, according to the Oath made to God and Your Subjects at Your Coronation; and Your frequent printed Royall Protestations since, both in Your Answers to the Petition of Right, in the third yeere of Your Highnesse raigne, in Your Royall Speech in Parliament, printed therewith, by Your speciall command; and in Your Declaration to all Your loving Subiects, of the causes which moved Your Majesty to dissolve the last Parliament, published likewise by Your speciall command, p. 22. 23. 42 43. 44. In all which, Your Majesty (to all Your subjects comforts) hath made these severall Declarations of Your royall pleasure, in these words: ‘The King willeth that right be done according to the Lawes and Customes of the Realme. And that the Statutes (recited in the Petition of Right) be put in due execution, that his Subjects may have no cause to complaine of any wrong or oppressions contrary to their just Rights and Liberties; to the Preservation whereof, He holds Himselfe IN CONSCIENCE aswell obliged, as of His Prerogative. Let right be done as is desired. And I assure you My Maxime is, That the peoples Liberty strengthens the Kings Prerogative, and the Kings Prerogative is to defend the peoples liberty. I doe here declare. That those things which have been done, whereby men had some cause to suspect the liberty of the Subject to be trencht upon, shall not hereafter be drawne into example for your prejudice, and in time to come (in the word of a King) you shall not have the like cause to complaine. We were not unmindfull of the preservation of the just and ancient Liberties of our Subjects, which we secured to them by our gracious answer to the Petition in Parliament, having not since done any act, whereby to infringe them: but Our care is, and hereafter shall be, to keep them intire and inviolable, as We would doe our owne Right and Soveraignety. We doe also declare, that We will maintaine the ancient and just rights and liberties of our subjects, with so much constancy and justice, that they shall have cause to acknowledge, that under our government and gracious protection, they live in a more happy and free estate, then any Subjects in the Christian World. If then we shall make it appeare to Your Majestie, that this Tax is against the Lawes of this Your Realme, and the ancient Rights and Liberties of Your Subjects, we doubt not but Your Maiesty, out of your Royall Iustice and goodnesse, will be most graciously pleased to exonerate us thereof, and never to draw it into example more.

That it is against the fundamentall Lawes, just Rights and ancient Liberties of Your people, we shall make it evident by these particulars.

Not to mention the ancient Law of Edward the Confessor, and William the Conqueror, (ratified by all our Kings by their very Coronation Oath) registred by Mr. Lambert in his Archaion. f. 24. * Volumus concedimus, quod illegible liberi homines Monarchiæ Regni nostri habeant teneant terras suas bene in pace, liberas ab omni exactione injusta, AB OMNI TALLAGIO, ita quod NIHIL ab eis exigatur, illegible er servitium suum liberum, quod de jure nobis facere debent, facere tenentur, prout STATUTUM EST EIS, illis à Nobis datum concessum, jure hæreditario imperpetuum, PER COMMUNE CONSILIUM TOTIUS REGNI nostri prædicti. Or King * Iohns great Charter granted to his Prelates, Lords, and Leiges, and their heires, for him and his heires for ever, at Running-mead, in the 17 yeere of his reigne; wherein there is this memorable clause; NULLUM scutagium, vel AUXILIUM ponam in Regno nostro NISI PER COMMUNE CONSILIUM REGNI NOSTRI, nisi ad redimendum corpus nostrum, ad primogenitum filium nostrum militem faciendum, ad primogenitam filiam nostram illegible maritandam, ad hoc non illegible nisi RATIONABILE AUXILIUM; which Charter was ratified by this Kings great Seale, his corporall Oath, the Bishops Excommunications, the Popes owne Bull, and five and twenty Lords, sworne and appointed to see it observed.

First, we humbly conceive it to bee contrary to sundry Statutes of this your Realme now in force.

First, to the Statutes of Magna illegible c. 29 30. 1. (nine and thirty times ratified in Parliament) 5. Edw. 3. cap. 9. 25 Edw. 3. cap. 4. 28 Edw. 3. cap. 3. 37 Edw. 3. c. 18. and to the late Petition of Right, in the third yeere of your Majesties reigne, which enact, * That no free man shall be taken or imprisoned, or be disscised of his free hold, or liberties, or free customs, or be outlawed or exiled, or otherwise destroyed, nor his lands, goods, nor chattels seized into the Kings hands, nor passed upon, nor dealt with by you; but by the lawfull judgement of his Peers, and by the Law of the Land. But divers of your poore Subjects, by vertue and authority of the Writs for Ship-money, have been taken and imprisoned by your Officers, their goods and chattels seized, distreined, sold to their great dammage and destruction, without any lawfull Judgement first given against them, before the right of this Tax hath been legally heard and decided, against the very tenour of these Statutes, and the know Law of the Land.

Secondly, against the Statutes of * Confirmatio Chartarum, 25. Edw. 1. cap. 5, 6, 7. 2. 25 Ed. 1. De Tallagio non concedendo, 34 Ed. 1. cap. 1. 45 Ed. 3. cap. 4. 36 Ed. 3. cap. 11. 14 Edw. 3. cap. 25. and Stat. 2. cap. 1. 25 Edw. 3. c. 8. 1 Rich. 3. cap. 2. and the late Petition of Right ratified by your Majestie, which enact, That no Tax, Tallage, Aide, Loane, Benevolence, nor any such like charge, shall be laid or leavied by the King or his Heirs in this Realm for NO BUSINESSE, without the good will and assent of the Archbishops, Bishops Earls, Barons, Knights, Burgesses, and other the free men of the Commonalty of this Realme, AND FOR THE COMMON PROFIT THEREOF; AND THAT BY COMMON CONSENT AND GRANT IN PARLIAMENT. By vertue of which Statutes your Subjects have inherited this freedome, That they should not be compelled to contribute to any Taxe, Tallage, Ayde, or other like charge, not set by common consent in Parliament; as it is recited in the said Petition. Therefore not to this Tax, Tallage, Aide, or charge of Ship-money, it being against these Acts, and not set by common consent in Parliament.

Thirdly, against all Acts of Tonnage, Poundage, and other Subsidies, which have 3. from time to time in all your Royall Progenitors reignes granted them, either for yeers or terme of their naturall lives, a certaine Tax or Subsidie for the safeguard and illegible of the Seas against Enemies and Pirats, as a free and voluntary grant, because themselves by their Royall Prerogative had * no power to impose it on their Subjects. Some few of which Acts we shall here recite.

14. Edw. 3. Stat. 1. cap. 20. and Stat. 2. ‘The Prelates, Earls, Barons, and Commons in Parliament, granted the King the ninth Lambe, Fleece, and Sheafe, and the ninth part of all goods and chattels in Burroughs for two yeers space then next ensuing, to be taken and leavied by lawfull and reasonable Taxe by the same two yeers, in aid of the good keeping of his Realme as well by Land as by Sea; and of his warres, as well against the parties of Scotland, France, Gascoine, and elsewhere; with this proviso, That this grant so chargeable shall not another time bee had forth in example, nor fall to their prejudice in time to come: And that all the profits thereof, with others rising of the Realme of England, shall be set and dispended upon the maintenance of the safeguard of the Realme of England, and of the wars in Scotland, France, and Gascoine, and in no places elsewhere during the said wars.

5. Rich. 2. Parleam. 2. chæp. 3. ‘A Subsidie of Tonnage and Poundage, of two shillings on every Tonne of Wine, and six pence the pound of every merchandize else imported (some few excepted) was granted to the King by Parliament for two yeers (during which time the Mariners of the West proferred in Parliament to make an Army on the Sea:) Provided alwayes, that the money thereof comming be wholly imployed upon the safe keeping of the Sea, and no part elsewhere: the receivers and keepers whereof were appointed by the Parliament in this Act, which ordains, that the people of the said Sea-Army shall have all the lawfull prizes shared between them, and that the Admirals and other of the said Army shall give assurances to save the Kings Friends and Allies without dammages to be done to them or to any of them by any way; and if they doe, and that be proved, they shall binde them upon grievous pain thereof duly to make amends.

31. Hen. 6. Num. 41. ‘ * A Subsidie of Tonnage and Poundage was granted to this King during his naturall life for the safeguard and keeping of the Sea, and to be applied to such uses and intent, by the advice and assent of the Lords Spirituall and Temporall, and Commons in Parliament: who appointed Richard Earle of Salisbury, John Earle of Shrewsbury, John Earle of Excester, Iames Earle of Wiltshire, and Iohn Lord Sturton, with great Navles of Ships and people defensible, to intend with all diligence the safeguard and keeping of the Sea according to their power; and to receive the said Subsidies for three whole yeeres, for that purpose.

4. Edw. 4. and 12. Edw. 4. cap. 3. ‘The Commons of the Realme of England, granted a Subsidie, called Tonnage, to this King for his life, for the defence of the same Realme, and in especiall for the safeguard and custody of the Sea. They are the words of the Act illegible repeated: which Law was continued and renewed to King Henry the eight by Act of Parliament, 6. Hen. 8. cap. 14. which grants him Tonnage and Poundage during his life. The Statutes of 1 Edw. 6. cap. 13. 1 Mariæ cap. 18. and 1 Eliz. cap. 19. (for the grant of Tonnage and Poundage) severally recite; ‘That Henry the eighth, Henry the seventh, and * other of these Princes noble Progenitors, Kings of this Realme, time out of minde, have had granted unto them and enjoyed by the Commons of the same for the time being, by authority of Parliament, for defence of the same Realme, and the keeping and safeguard of the Seas for the entercourse of Merchandize safely to come into and passe out of the Realme, certain summes of Money, named Subsidies, of all manner of goods and merchandize comming in or going out of the same Realme. And for as much as we your poor Commons have perceived your Majesties good favour and good will towards us your said poore Commons, as well in defence of us and this your Realme, c. as also in the keeping and sure defending of the Seas against all persons intending the disturbance and invasion of this your Realme, and us your Commons, to our great comfort and rejoycing, as cause requireth, to your Majesties great costs, charges, and expences, which is not (when need shall require in such cases) at any time to be lacked, but rather we your said Commons wishing that such furniture of all things may be had in readinesse from time to time when necessity shall require: for the speedy and indelayed provision and helpe, for the suppressing of such inconveniences and invasions, humbly desire your most Excellent Majestie beningly and favourably to take, accept, and receive these our poor grants hereafter ensuing, as granted of true hearts and good wills which we beare unto your Highnesse, towards your said great costs, charges, and expences which may be expended and laid out by your Majestie for the causes aforesaid, when need shall require, c. and not perverted to other uses but those alone.

The Act for Tonnage and Poundage, 1 Iacobi cap. 33. which granted this Subsidie to your Royall Father during his naturall life, makes the * same recitall word for word, That it was granted him to guard the Seas withall against all persons, c.

If then the Subsidies of Tonnage and Poundage have thus beene alwayes granted as a Taxe upon the Subjects for the guarding of the Seas, both against enemies and Pirats by Act of Parliament, and not otherwise, and all your Majesties royall Progenitors have accepted of it in this manner, by grant in Parliament, and not imposed any such annuall Taxe as now, by way of Writ, for the defence of the Seas, by their Prerogative royall; we humbly conceive, that your Majestie cannot now impose it on us by Law: The rather because your Majesty, ever since your comming to the Crowne, hath taken and received this Subsidie of Tonnage and Poundage, and yet still take and claime it, onely for the defence of the Sea; proiessing in your royall Declaration to all your loving Subjects, published by your speciall command. Anno 1628. pag. 44. that you take this duty of five in the hundred, for the guarding of the Seas and defence of the Realme, to which we hold our selfe STILL obliged.

Now since your Majestie receives this duty of your Subjects to this very purpose (the moity of which is abundantly illegible to defend the Seas in these dayes of peace with all neighbour Princes and Nations;) and by reason hereof, hold your selfe still obliged to doe it with this duty; (yea, with the profits of Wards and Marriages, Customs and Escheats, and other profits rising of the Realme of England, which ought to be set and dispended upon the maintenance and safeguard of your Realme of England, as is expresly resolved by the Statutes of 14. Edw. 3. Parl. 2. cap. 1. and 11 Rich. 2. cap. 7.) We humbly conceive, that you cannot in point of Law and Iustice (neither will you in point of Honour or Conscience ) receive the said duty, sufficient with an overplus, to defend the Seas, and yet notwithstanding impose this heavy Tax and burden wholly on your Subjects, laying the whole charge of guarding the Seas (even inthese dayes of peace) on them (as if no Tonnage and Poundage were taken for that purpose) which none of your royall Progenitors ever yet did, and is a meere double charge and vexation to your people. 4.

Fourthly, Against most of the Acts of Parliament for the severall Subsidies of the Clergy and Commonally in all your Royall Progenitors reigns, and your owne too; who when the annuall revenues of their Crownes, and the Customs and Subsidies granted them for the guarding of the Realme and Seas, by reason of open warres, offensive, defensive or both, were not able to supply and defray their extraordinary expences, never resorted to such Writs as these for the leavying of Ship-money (especially in times of peace) but ever to the * Parliament, for supplies for defence of the Seas and Realme, by grant of Subsidies, Impositions, Dismes or Quinzimes, rated and taxed by Parliament, not by their owne Authority royall. This is evident by all the Acts of Subsidies, Taxes, Aides, and Customs granted to your royall Progenitors, and in especiall by 14 Edward 3. Stat. 1. cap. 20, 21. and Stat. 2. 15 Edw. 3. cap. 1, 2, 3. 18 Edw. 3. Parl. 2. Proeme Parl. 3. cap. 1. 25 Edw. 3. Parl. 7. 36 Edw. 3. cap. 14. 11 Rich. 2. cap. 9. 9 Hen. 4. cap. 7. 11 Hen. 7. cap. 10. 32 Hen. 8. cap. 23. 37 Hen. 8. cap. 24. 2 and 3 Edw. 6. cap. 35, 36. 7 Edw. 6. cap. 12, 13. 4 and 5. Phil. Mar. cap. 10, 11. 5 Eliz. cap. 29. 13 Eliz. cap. 23. 18 Eliz. cap. 21, 22. 23 Eliz. cap. 14, 15. 27 Eliz. cap. 28, 29. 29 Eliz. cap. 7, 8. 31 Eliz. cap. 14, 15. 35 Eliz. cap. 12, 13. 39 Eliz. cap. 26, 27. 43 Eliz. cap. 17, 18. 3 Jacobi cap. 16. 21 Jacobi cap. 32, 33. 1 Caroli cap. 5, 6. and 3 Caroli cap. 6 7. All which expresly recite, That the Subsidies and Ayds granted by them, were for the defence of the Kingdom by Sea and Land, the maintenance of the Navy, c. Now if these Princes (who would part with no title of their just Prerogative) and your Majestie your selfe, have thus from time to time resorted for supplies by Sea and Land to * the Parliament, when Tonnage, Poundage, and their owne ordinary revenues would not suffice (which they would never have done, might they have supplied themselves by such Writs for Ship-money as these without a Parliament;) we humbly conceive that your Majestie ought to retaine the same course still, and may not by your Prerogative impose this taxe of Ship-money on us, without common consent in Parliament, contrary (as we beleeve) to the Petition of right and other Acts, confirmed by your Majesty, as our undoubted ancient Rights and Liberties.

2. Secondly, as this taxe of Ship-money is against these severall Statutes, so likewise against the very Common Law, and Law books.

1. For first, by the very Common Law, every generall duty and service which concernes all the Subjects, or the greater part of them, that is incertaine and indefinite, not reduced to any positive certainty, ought to be rated and imposed by the Parliament onely, not by your illegible or the parties whom it concernes; as appeares by two notable instances pertinent to the present purpose. The first is that of Escuage uncertain; which though a duty to our Kings and others Lords heretofore, upon every Voyage Royall against the Scots; yet, because it illegible so many, could not be taxed but by Parliament, as is resolved, Littleton Sect. 97, 98, 100, 101, 102. 13 Hen. 4, 5, 6. Fitzh. Nat. Br. 83. C D and Cookes Institutes on Littleton, Sect. 97, 98, 101, 102. Secondly, In case of aide to marry the Kings or Lords daughter, or make his sonne a Knight, which though a duty by the Common Law, * yet it was taxed and reduced to a certainty by Parliament, and not left arbitrary, 3 Edward 1. cap. 36. 25 Edward 3. Stat. 5. cap. 11. Fitzh. Natur. Br. fol. 82. B. C. F. If then these incertaine services and duties, to avoid Oppression and Injustice ought to bee taxed in Parliament; much more this uncertaine and indefinite Tax of Ship-money, being no duty nor debt at all, not yet prescribed or reduced to certainty by any extant Law.

2. Secondly, no Dismes, Quindismes, Grand-Customs, or such like Aides, can bee imposed by the very Common Law (though illegible Subsides and Supplies ) * but by Act of Parliament: as appeares by all the Cases in Fizherberts and Brookes Abridgements illegible Quindisme; 9 Hen. 6. 13 Brooke Customes. 26. 4 Ed. 4. 3, 4, 5. Fitzh. Barre 309 illegible Edw. 3. cap. 21. 36 Edw. 3. cap. 11. 45 Ed. 3. cap. 4. 50 Ed. 3. cap. 8. 11 Rich. 2. cap. 9. Dyer 43. b. 165. Therefore much lesse this unusuall extraordinary aid of Ship-money (amounting the first yeere to 15. and the last and this yeere to three illegible a man, or more) of which there is not one fillable or illegible in all our common Law Books.

Thirdly, no Lawes can be made within the Realme to bind the Subjects either to 3. See Cockes Institutes on illegible Chart. c. 29, 30. the losse of liberty, good, or member, by your Majesties absoluse power, nor yet by your Majesties Lords in Parliament, without the Commons illegible in full Parliament, as is resolved in these common Law-bookes, 1 H. 7. 27. 3 H. 7. 18 a. Br. Parliament 42. illegible 3. 7 H. 7. 14. 33 H. 6. 17. Fortescue c. 9. 11. 13. 14. 36. 13 H. 4. f. 14 Plowden. fo. 79. illegible 9 E. 3. Fuz. Jurisdiction 28. And the very reason why Acts of Parliament binde all, is this, because every man is party, and consenting to them. 3 E. 4. 2. a. 21 E. 4. 45. a. 4 H 7. 11. b. 21 H. 7. 1. b. Plowden. 59. a. 396. It then no illegible can be impoted on the Subjects but such as are made and consented to by them, to deprive them either of the liberty of their persons by imprisonment; or of the property of their goods by confiscations; much lesse then any Tax, or this Tax for Shipmoney, for which their goods shall be and are distreined, and their persons imprisoned, in case they refuse to pay it, contrary to Magna Charta, and the premised Statutes.

Fourthly, every subject hath as absolute a property in his goods by the Common 4. Law, as he hath in his Lands; as therefore your Majesty cannot lawfully seise any of your Subjects lands unlesle by some just title, some forfeiture upon a penall law, or condition infringed, or by the parties voluntary grant and consent: So can you not seize upon his goods, unlesse by some grant from the party himselfe, either mediately (as in Parliament) or immediately, or for some debt or duty granted you in like manner: Therefore not for Shipmoney, unlesse granted by common consent in Parliament. This being a resolved Maxim, in Francis case. Cooke. lib. 8. f. 92. Quod nostrum est, sine facto seu defectu nostro illegible seu in alienum transferri non potest.

Fiftly, it is a Maxime in all Lawes Civill, Common, Canon; yea, a principle of 5. reason and nature: Quod tangit omnes, ab illegible debet approbari. Regul. Juris. n. 2 9. That which toucheth all ought to be approved by all, at least by illegible major part. This rule ever holds in all naturall and politicke bodies. In naturall bodies nothing is or can be effected by the head, hand, arme, or foot alone, unlesse the other parts of the body and faculties of the soule assent; In all elections popular, where there are divers Electors, there must be either a generall consent of all or the major part, else the election of the fewest or of one only is a meere nullity. In all Parliaments, Synods Colledges, Cities, Cathedrals, no Lawes, Canon, Ordinances, or Bylawes can be made, nor illegible or Taxes imposed, but by all or the Major part. The Bishop illegible Deane without the Chapter, the Major without the rest of the Corporation, the Abbot without the Covent, the Master of the Colledge without the Fellowes, the illegible or Wardens of Companies, without the Assistants; the Lords in Parliament without the Commons, or the lesser part without or against the greater, (in all these) can doe nothing, either to bind or charge the rest, by the Common, Civill, illegible illegible Law. Your Majesty therefore by the same reason, being but one member of the body illegible of England (though the most excellent and supreame of all the rest) can impose no binding Lawes, or new Taxes on our Subjects without their common consents in Parliament especially now in times of peace, when a Parliament may be illegible to supply illegible Exchequer.

Sixtly, illegible Your Majesty should grant a Commission to imprison, or seise any of your 6. Subjects goods, without an illegible and illegible illegible of Law, it hath been illegible voyd and illegible Law, illegible Ass. 5. 12. Br. Commission 15. 16. Therefore your illegible Writ illegible illegible illegible illegible and imprison their bodies for Ship-money illegible illegible to: and as illegible Majesty by your illegible * cannot alter the common Law, 6 H. 7. 4 5, 10 H. 7, 23. a. So neither can you doe it by your illegible

Seventhly, it is a Maxime in Law, That no man ought to be Iudge in his owne case; and therefore no man can have illegible of Pleas where illegible is Judge and illegible and if a Lord of a Manner prescrib is a custome to illegible all beasts that come within his Mannor dammage fesant, and to retaine them till a illegible be made to him illegible the dammages at his illegible this prescription is voyd, because it is against reason that he illegible be Judge in his owne case; for by such meanes, if he had dammages but to the value of a halfe-penny, he might assesse and have therefore an hundred pounds, 51 H. 3. c. 1. Littleton Sect. 210. 212. Cooke ibid. 7 E. 4. 24 4 E. 3. 14. 10 E. 3. 23. 38 E. 3. 18. 8 H. 6. 15. 5 H. 7. 9. b. 2 R. 3. 16. 4 E. 3. 7. 10 H. 4. 8. Br. Leet. 12. 7 H. 6. 13. a. 9 H. 6. 10. The same reason holds here in Ship-money. If it lay in your Majesties and your Officers power to impose what summes you pleased on your people, you should be a Judge in your owne case, which the Law permits you not to be. Hornes Mirrour of Justice, ch. 2. sect. 2. p. 9. 24 H. 8. c. 12. 25 H. 8. c. 21. 25 E. 3. parl. 2. and so your Majesty (by your Officers mis-information for their owne private lucre) might leavy farre more then need requires for this service, yea so much money and so often as would soone exhaust your subjects whole estates; which is both against reason and justice. Wherefore their concurrent assent in Parliament is requisite, that no more may be demanded then shall appeare to be necessary, to avoyd oppression both in the frequency of the imposition, the quantity of the summes collected, and in the undue, unequall taxing thereof.

8. Eighthly, if Your Majesty by your absolute authority, might impose such Taxes as these at Your pleasure on your Subjects; then you may doe it as oft, and raise them as high as you please; for what Law is there to hinder you from it, but that which denies you any power at all to doe it? Now if you may impose these Taxes as oft, and raise them as high as you will (even for an 100 or 200 ships every yeere, as well as 40 or 50, in times of peace) and then distraine upon all your Subjects goods, or imprison their bodies for it, all their Goods, Lands, Liberties, will be at your Majesties absolute disposition; and then are we no free Subjects, but meere villaines, vassals. And if so, where are all our just ancient Rights and Liberties, (so lately confirmed by Your Majesty in the Petition of Right ) which You have protested You are bound in conscience to preserve inviolable?

9. Ninthly, It hath been adjudged in ancient times; that the Kings of England cannot by their Prerogative create a illegible office by Patent in charge of their people, neither can they grant Murage, or any other such Tallage to any by Patent, or demand it of any man by Writ (though it be but a petty Tax) because it is in charge of their people, QUE NE POEP ESTRE SANS PARLIAMENT, Which cannot be done without Parliament. 13 H. 4. 14. Br. Patents 100, Fitz. Nat. Br. f. 122. Cooke l. 11. f. 86. Darcies case. Magna Carta, p. 48. to 52. Therefore by the same reason, this Tax, which layes a farre greater charge on the Subject then any new office, Murage, Toll-travers, or thorough-toll, cannot be imposed but by Parliament. The rather, because Fortescue Chancellour of England in the raigne of King Henry the 6. in his Booke, De laudibus legum Angliæ, dedicated to this King, c. 9. 13. 36. resolves in direct termes: That the King of England, neither by himselfe nor his Ministers can impose illegible Subsidies, or any other burdens or illegible illegible on his People, without the expresse grant, and assent of His whole Kingdome in Parliament.

Tenthly, admit your Majestie, by your absolute Prerogative, might inforce your 10. Subjects to set out Ships to guard the Seas, yet we humbly conceive, as things now stand you cannot doe it neither in honour nor justice, nor yet in that way and proportion as it is now demanded.

For first, we humbly conceive, that your Majestie cannot impose this annuall 1. charge on your Subjects onely and wholly, because you receive Tonnage and Poundage of your Subjects (of purpose to guard the Seas and ease your Subjects of this burden) which is sufficient to discharge this service, with a large surplusage besides to your Majestie; either therefore your Majestie must now, both in justice and honour release this taxe of Ship-money, or else your Tonnage and Poundage, since either of them are sufficient for this service; one of them not due, if the other taken.

Secondly, we humbly conceive, That you cannot demand it now in a time of 2. a generall peace, when there is no feare at all of any forraigne enemy, nor open warre proclaimed against any neighbour Prince or State: there being (as we beleeve) no president of any such taxe in times of peace.

Thirdly, we humbly conceive, That since the Writ enjoynes only every County 3. to furnish out a Ship of so many Ton for so many moneths; that first, no Counties can by Law be inforced to furnish or set out Ships, but those that border on the Sea, and have Ships in them. Secondly; that they cannot be compelled to furnish out any 2. other ships or ships of any other burden then such as they have, nor yet to build new ships, but onely to set forth such Ships as they have for the present, unlesse they have convenient time allowed them to build others. Thirdly, that they cannot be 3. compelled to leavy so much money, and to returne it into the Exchequer, or to any of your Officers hands (as they now doe) whom they cannot call to an account to see how their money is imployed, but that they may and ought to appoint their own Officers, Treasurers, Collectors, and to make their own estimates, proportions, provisions at the best and cheapest rates as every man doth that is charged with horse or foot-arms on land: otherwise they may be over-reached, over-rated in their estimates, and put to almost double expence by your Majesties Officers, who are not, neither can be compelled to give your Subjects any account, as their owne Officers may be, and as those that collected the Subsidies of Tonnage and Poundage anciently were to doe, 5 Rich. 2. c. 12. Par. 2. c. 3. 21 illegible c. 33. Fourthly, that they cannot 4. be compelled to hire your Majesties Ships at such rates, with such furniture provision, c. as your Officers shall thinke meete to set and appoint. For then by the same reason, your Majestie may enforce those Gentlemen and traine Souldiers who are bound to keepe Launces, light Horses; or to provide Armes in every County, though they have Horses and Armes of their owne which are serviceable, to buy or hire your Majesties Horses and Armes every yeere, at such rates as your Officers shall prescribe, and lay by their owne; and your Merchants that traffique may be constrained to hire and traffique onely in our Majesties Ships, not with their own, as your Officers rates there being the same reason in both. But your Majestie, as we suppose, cannot enforce your Subjects by Law to the one (to hire your Horses, Armes, Ships, to train, or trade with;) therefore not to the other. Fifthly, 5. That they cannot be compelled to contribute money to set out seven and forty Ships (as they did the last yeere) and yet but seven and twenty only (and some of lesse burthen then limited in the Writs) be furnished out by your Officers, and so scarce halfe the pretended number imployed, and not halfe the money collected 6. illegible in that pretended service. Sixthly, that they cannot be enforced to provide fourty, five and fourty, and fifty shot round of powder and bullets, for every peece in the Ships set our, now there is a generall peace, and no likelihood of a Sea fight (when fifteen, twenty, or five and twenty round at most, is sufficient, and no more was allotted in 88. when the illegible illegible came against us) of purpose 7. to put them to a double charge. Seventhly, that they cannot be inforced to pay for new Rigging Cables, Anchors, Carriages, Powder, Shot, Match, Pikes, Muskets, c. every yeer, when little or nothing of all these provisions purveyed and paid for by them the first and last yeere are spent, but onely victuals and wages; (all the other provisions at the end of the service being taken into your Majesties Stores, ) and so to buy their own Powder, Shot, Match, c. every yeere afresh, though all fully bought and paid for with the first Ship-money, and yet once bought over since, the last yeere, and now likely to be bought the third time of your Majestie this yeere: who at the first gained four pence upon every pound of powder, when the first seven illegible twenty Ships were set out: all which taken into your stores at the returne (but what was illegible shot away and spent) and bought the last yeere afresh, amounts to sixteene pence gaine in every pound; and if this third yeere bought over againe (as is likely, because cast into the present new estimates) will be two shillings foure pence cleare gaine on every pound of powder sent out, the like doubled and trebled gaine will accrue every subsequent yeere to your Majestie, if this Tax proceed, upon all Powder, Match, Shot, Carriages, Cordage, c. and all stores but victuall, the onely provision that is spent, the most part of all the rest returning to your hands when the Ships returne. Which provisions if your Subjects found and provided themselves at the best rates, and tooke againe into their owne stores upon the Ships returne, one quarter of that they are now rated at, by reason of the remaining 8. provisions, would discharge the intended service. Eighthly, that they cannot be enforced to contribute seven thousand pound to the furnishing out of a Ship of seven hundred ton, according to your Majesties Officers estimate, when as themselves could every way furnish it as well the first yeere for five thousand pounds or lesse, and the next yeer for lesse then halfe the money, by reason of the remaining 9. stores. Ninthly, that they cannot be enforced to give your Majestie after the rare of sixteene shillings, eighteen shillings, or more a ton, for the hire of your Royall ships, built and maintained at the Kingdoms cost to guard the seas; when as they can hire other mens ships for foure shillings or five shillings a ton the moneth, or under; and your Majesty allowed them no more but four shillings a ton by the moneth for their ships imployed in Cales and Rochel voyage; some of which money is yet unsatisfied through your Officers default, to their great impoverishing: whereas your Majesty receives all or most of your monies before hand, ere your ships are sent 10. to sea. Tenthly, that they ought not to be charged with any such Tax, unlesse those Officers, and others whom your Majestie imploy to guard the Seas, put in good security to preserve your Subjects, Friends, and Allies from Pirates and others without any dammage: and if any of them sustaine losse by them (as none ever did more in illegible memory then we the last yeere on the west coasts by the Turks) to give them full satisfaction and sufficient dammages, as those that undertooke to guard the seas at the subject costs were obliged to doe by 5. Rich. 2. Parl. 2. cap. 3. which is but just and equall. Eleventhly, they conceive, that since every subject (that is not a illegible 11. illegible ) is bound * by Low to provide Horses, and other Arms for Horse and Foot for defence of the Kingdom by Land, upon all illegible and charged with Armes for Land-service at their owne proper cost, according to their estates and abilities; that therefore they ought not by Law to be doubly charged with Sea and Land service too; but that Manners and Sea men who have ships, and are illegible from all Land-services, Masters, Armes, ought onely to be charged with this Sea-service either on their owne proper costs (it discharged of Tonnage and Poundage) or else upon your Majesties, as they were in * King Johns reigne (and since A. 1588) when Land-men were discharged from Sea-service, and sea men from Land-service, the one serving with their Horse and Foot Armes on Land onely, the other with their ships on the sea onely, when Philip of France intended to invade the Realme, and deprive King John of his Crowne whom the Pope had then injuriously deposed by the Prelates instigations.

This our last reason we humbly conceive to be warranted by sundry printed Statutes and illegible as, too mit Magna Charta, cap. 20. full in point.

First, by the Statutes of 1 Edw. 3. Parl. 2. chap. 5. * Item, the King wist that NO 1. MAN FROM HENCEFORTH be charged TO ARME HIMSELFE OTHERWISE THEN HE WAS in the times of his Progenitors Kings of England. And that NO MAN be compelled to goe out of his Shire, but where necessity requireth, OF (for so is the Record and best Copies, not And, as some printed books render it) SODAINE COMMING OF STRANGE ENEMIES INTO THE REALME, and then it shall be done AS HATH BEEN USED IN TIMES PAST FOR THE DEFENCE OF THE REALME: which is thus recited and confirmed by the Statute of 4. Hen. 4. chap. 13. where it is ordained, that the Statute made in the first yeere of King Edward, c. containing, That NONE shall be constrained to go out of their Counties, BUT ONELY FOR THE CAUSE OF NECESSITY OF SODAINE COMMING OF STRANGE ENEMIES INTO THE REALM, shall be firmly holden and KEPT IN ALL POINTS.

Secondly, by the punctuall Statute of 25. Edw. 3. c. 8. recited in, and ratified by 2. the Statute of 4 Hen. 4. ch. 13. NO MAN SHALL BE CONSTRAINED to finde men of Armes, Hoblers, nor Archers, other then those which hold by such services, if it be not BY COMMON ASSENT AND GRANT MADE IN PARLIAMENT, with which the temporary expired statutes of 11 Hen. 7. c. 18. and 19 Hen. 7. cap. 1. accord.

Thirdly, by the statute of 1 Edw. 3. ch. 7. Whereas Commissions have been awarded 3. to certaine people of Shires, to prepare men of Armes, and to convey them to the King into Scotland, or Gascoine, or elsewhere, at the charge of the Shires: The King hath not before this time given no wages to the said Preparers, or Counties, nor Souldiers whom they have brought, whereby the Commons of the Counties have been at great charge and much impoverished: The King wils, THAT IT SHALL BE SO DONE NO MORE. Thus seconded by 18. Edw. 3. c. 8. Men of Arms, Hoblers, Archers, chosen to go in the Kings service out of England, SHALL BE AT THE KINGS WAGES from the day that they depart of the Counties where they were chosen TILL THEIR COMMING AGAINE: recited in and ratified by the Statute of 4 Hen. 4. chap. 13.

Fourthly, by the statute of Winchester, 13. Edw. 1. cap. 6. And further it is commanded, 4. That every man have in his house Harnesse for to keep the peace after the * ancient Assize, that is to say, Every man between fifteen years of age and fourty years shall be assessed and sworn to Armer, ACCORDING TO THE QUANTITY OF THEIR LANDS AND GOODS; that is to wit, from 15 illegible lands and goods 40. Markes, an Hawberke, a brest-plate of iron, a sword, a knife, and an Horse. And from 10 li. of lands and 20. Marks goods, a Hawberke, a brest-plate of iron, a sword and a knife. And from 5 li. lands, a doublet, a brest-plate of iron, a sword, and a knife. And from 40 s. lands and more unto 5 li. land, a sword, a bow and arrows, and a knife. And he that hath lesse then 40. s. ycercly shall be sworne to keepe gise-armes, Knives, and other lesse weapons: and that all other that may, shall have Bows and Arrows out of the Forests, and in the Forests bowes and bolts. And that view of Armour be made every yeere two times: And in all Hundreds and Franchises two Constables shall be chosen to make the view of Armour, and the Constables aforesaid, shall present before Justices assigned, such defaults as they doe see in the Country about Armour.

5. Fifthly, by the statute of 5 Eliz. cap. 5. Be it enacted in favour of Fishermen and Mariners, That none of them shall bereafter at any time be compelled against his or their will, TO SERUE A SOULDIER UPON THE LAND OR SEA, otherwise then as a Mariner, except it shall be to serve under any Captain of some Ship or Vessell for landing, to doe some speciall exploit which Mariners have used to doe; or under any other person, having authority to withstand ANY INVASION OF ENEMIES.

1. From which Acts it is apparent; First, that no man is bound to goe out of his own Shire for the defence of the Realm by Land, but only in case of necessity when strange enemies suddenly come into the Realme, for the necessary defence of the Realm. Therefore à fortiori; no man nor County remote from the Sea, is bound to go out of their own shire every yeere at the Counties proper cost, to build, furnish men, and set out ships to guard the seas in this time of peace, when as there is no necessity at all, nor sudden comming of strange enemies into the Realme which is now at peace with all the world; and neither feares nor hears of any such approaching enemies, and so requires no such defence.

2. Secondly, that no man can be lawfully charged to arme himselfe, otherwise then he was in times past, in the dayes of our ancient Kings, nor to finde men at Armes, Hoblers, or other souldiers, other then those that held by such services; unlesse it be by common assent and grant made in Parliament. Now no inland Counties were ever bound in our ancient Kings reigne; to arme themselves with Ships, Ammunition, and habiliments of warre to desend the Seas, or to finde men at Armes, Archers, Hoblers, or Mariners to furnish a Navy, much lesse to build and furnish out Ships, when they had neither Ship wrights, Harbours, Mariners, or Seamen of their own; neither is any man, or inland Town that ever we read of bound by their tenures to furnish the King or Kingdome with ships or Mariners for the guarding of the seas in time of invasion by forraign enemies, but * onely to finde Land Souldiers, and that in times of war alone. Therefore no man, nor inland County, certainely is or can be obliged to finde Mariners or Armes for Sea-service, much lesse to build and furnish out ships to guard the Seas, especially in these times of Peace, by vertue of any Writs, without speciall Act of Parliament.

Thirdly, that the King himself is to pay the wages of all Officers and land souldiers 3. raised for the necessary service of the Kingdome, after they are departed from their owne Counties, not the Commons and Country. The illegible illegible illegible a by his wait enforce the commons, contrary to these Act, to pay Captaines and Seasment wages, imployed in his ships to guard the Seas; much lesse then to build set out, and maintaine ships at their owne expences, out of their Counties and the Land it illegible and that in times of peace.

Fourthly, That seeing every Land man, and in-land County is charged by the 4. Law to finde Armes to guard the Realme by Land according to the quantity of their Lands and Goods; and cannot guard the Land and Sea at one; Therefore by all reason, justice, law, and equity, they ought to be discharged from building, furnishing ships, and finding men, or armes to guard the Sea, else they should be doubly charged; and impossibilities required at their hands, to defend the Realme both by Land and Sea at once, when as one person can be but in one place at once, and not in many: and therefore not upon Land and Sea at once, as this Writ would enforce them to be, contrary to the expresse Letter of Magna Charta, cap. 20.

Fifthly, that by the selfe-same law and reason as Fishermen and Marriners are freed from Land-service, and from finding Horses or Foot-men on the Land; because they are bound to serve at sea; land-men and in-land Counties should be discharged from all Sea-services, the building or setting out of Ships and Marriners at their owne costs to guard the Seas: it being as great an incongruity and absurdity to enforce land-men to build and set out ships to sea, in which they have no skill at all; as to force Marriners and Ship-wrights to build Castles, provide Horses, and serve on horse-backe on the Land, which they have no knowledge, nor skill to performe. Hence in the first Parliament of 13 E. 3. num. 10, 11. The Lords in Parliament requiring the Commons, to advise and take counsell how the Sea should be garded against the enemies, that they should doe no dammage nor enter the Realm for to destroy it; the Commons returned this answer, That the Barons of the Cinque-ports, who received great honours and priviledges, and much profit by the Sea, and were exempt from contributing to any aydes or charges of the Land; enjoyed these franchises of purpose to guard the Seas betweene us and strangers, if they would enter and assault the Land; and that they and other Sea-towns which have a Navy ought to maintaine a guard upon the Sea, as the Commons doe upon the land, without taking any wages; And that they being to defend the land, were exempted from guarding the sea. Whereupon in the second Parliament of 13 E. 3. n. 11. 12. 19. 23. The Cinqueports and Sea-townes were enforced to set out a Navy to guard the sea, and the Commons and in-land Counties, discharged of this burthen, because they were bound to defend the land. And upon this very reason the same yeere * 13 E. 3. pars 1. memb. 14. 13 E. 3. pars 2. memb. 14. The men of Bodman in the County of Cornwell, and the Major and Communalty of Chichester, were discharged from finding Ships, Masters and Marriners to guard the Seas, which they were then enjoyned to finde, because they were no Port-townes adjoyning to the Sea, nor ever had any ships arriving in those Towns, nor any Masters, Seamen or Marriners dwelling therein; nor ever used to finde any such for Sea-service; and it would be an unjust oppression to charge them with such an incongruous, impossible service, which they could not performe; the Law requiring impossibilities and absurdities at no mans hands, and * adjudging impossible conditions, covenants and awards to be utterly voyd.

Now that the Cinqueports are bound to guard the Seas by their charters, and in what sort and for how long space, appeares by the record of 21 E. 1. in the Exchequor cited by Mr. illegible in his Britannia, edit. ult. p. 318. which runs thus, Hastings and his members ought to finde at the Kings summons 21 ships, and in every ship there must be 21 tall and able men, well armed and appointed for the Kings service. Yet so, as that summons shall be made thereof on the Kings behalfe 40 daies before, And when the foresaid ships and men therein are come to the place whereunto they were summoned, they shall abide there in the Kings service 15 daies, at their owne proper costs and charges. And if the King shall have further need of their service, after the 15 daies above said, or will have them to stay there any longer; those ships with the men therein being, whiles they remaine there, shall be at the Kings service, AT THE KINGS COST CHARGES so long as it shall please the King; to wit, the Master of every ship shall receive 6 pence by the day, the Constable 6 pence a day, and every one of the rest 3 pence by the day. If then the Cinqueports themselves, who are exempt from all land-services and taxes, enjoy so many priviledges, the better to encourage them to guard the Seas, are bound by Charter. Tenure, to find but 21 ships for 15 daies space, when there is occasion, at their own charges, after that the Masters, Officers, Marriners to be at the Kings owne standing wages; a fortiori, all inland men Counties who have no ships, and are not bound by Charter or Tenures to finde any ships to guard the Seas; can much lesse be obliged to finde ships, Ammunition, Mariners, or to pay both their fraught and wages for 26 weeks together, at their owne proper costs, (as the Writs now enjoyne them.) And therefore ought in point of Law, justice, conscience equity, to be for ever freed from this most heavy, unjust, oppressing Tax now growen annuall, and like to prove perpetuall to us and our posterities if not with stood in time, by all just and legall meanes.

Upon all these grounds (which we humbly represent to Your Majesties just and Royall consideration) we humbly conceive this Tax of shipmoney to be altogether illegall and unjust (especially as now it is ordered) and therefore humbly pray to be freed there from.

2. Secondly, admit your Majesty by your absolute power and prerogative might impose a Tax for ship-money without common consent in Parliament, which we humbly deny; yet, under your Majesties favour we conceive, that this present Tax as now leavied and ordered, is illegall and a great grievance, not only in respect of all the fore-named particulars specified in the ninth reason, but of these also ensuing.

1. First, in regard of the greatnesse and excessivenesse of these Taxes: the first, on the Port-towns only for 27 ships, An. 1634. came in most Towns to 15 Subsidies a man. That the last yeere for 47 ships, to all Counties of England and Wales, amounted to 3 or 4 subsidies in each County, or more. That this present yeere for 45 ships, comes to as much, and all these payable at once. The highest Taxes that were ever imposed on the subjects of this Realm, for ought we read in our stories, and that in times of generall peace; when the subsidie of Tonnage and Poundage, of purpose to guard the seas, is three, if not illegible times greater then in Qu. Elizabeths, or any Princes daies before her; and halfe of it, or of these Taxes, or lesse as we shall be able to make good, would furnish out all the ships now sent illegible to guard the Seas,

2. Secondly, of the annuall illegible of it three yeers together in times of peace not to be illegible in any age; which is like to make a dangerous president for us, and our posterity after us.

Thirdly, the inequalitie of taxing it: In the first Tax, ordinary Merchants and 3. Citizens paid 10 l. 12 l. 15 l. 20 l. yea, 25 l. or more, when as divers of your Majesties Great Officers, Earles, and Lords, that had fourty times greater Estates, and annuall Revenues than they, paid but fourty shillings, three pound, four pound, or five pound at the most. The last years Tax was rated accordingly in Cities and Corporations, where the middle or poorer sort paid more than the richest; and in the Countrey, where men are now rated by the Acre; poor Farmours pay more than the richest Knights or Gentlemen; yea, many poor men that have not bread to put into their own or their childrens mouthes, are forced to sell their Pewter, bedding, sheep, stock to pay it. The like inequalitie is in this present asseasment and how the poor, that made such hard shifts to pay the last, can be able to discharge this, we cannot conceive; especially in London and other Cities, which are and have been visited with the Plague, where thousands that lived well before the sicknesse, now live upon Almes; and those that had wealth before, by means of want of trading, the charge of their Families, and their assessements to relieve the poor, are become poor themselves, fitter to crave relief, than to pay such an heavy Tax as this.

Fourthly, the abuse of some Sheriffs and Officers in leavying farre more than is 4. prescribed in the Writ, as in Lincolnshire the last year, and in other places before and since.

Fiftly, the distreining of such Goods, Chattels and other Commodities for Ship-money, 5. as are neither imported nor exported; whereas no goods but such, or lands onely have been anciently charged with any Tax towards the guarding of the Seas, as appears by the severall Acts for Tonnage, Poundage, and Danegeld.

Sixtly, the ill guarding of the Seas against Turks and Pirates, notwithstanding 6. this great Tax, more mischiefs being done by Pirates both by Sea and Land, more of our Ships taken or pillaged by Sea, and more persons carried away Captives from the Land in the Western parts this last year notwithstanding the Navie, then in many years before, and no satisfaction given to the Subjects for these their irreparable losses, which they * ought in justice to receive. If a Carrier or Skipper undertake to carry or secure mens goods, and they miscarry through his default or negligence an * Action of the Case lies against him, and he shall render full damages to the partie: Your Majesties Officers imployed by you, undertooke to secure the Seas the last year, yet when they knew the Turks were pillaging on the Westerne Coasts, they negligently or wilfully left those part unguarded, to go Northward to pick a quarrell with Hollanders Fishermen, or to draw them to a composition, not leaving a Ship there-abouts to secure those Coasts, but two Ships onely in the Irish Seas; in the view of which some of your subjects Ships were taken, and yet not one Pirate taken or brought in by them, though they did so much mischief, and took so many of your subjects prisoners, to their undoing.

Seventhly, the great fear and jealousie we your poor Subjects have of an intention 7. in some of your great Officers, to make this Tax an yearly revenue to your Crowne, and the guarding of the Sea but a meer pretence to leavie and collect it; which jealoufie of ours is grounded upon these particulars.

First, the continuance of this annuall Tax for three years together, even in times 1. of peace.

2. Secondly, the sending out but of 27 Ships by your Officers the last year, when as money was leavied for 47; and so money raised for 45 Ships this year again, when not above 25 are to be set out, for ought we hear, if so many. Now if money be thus yearly collected for 20 Ships more then are set out, in the very beginning of this project, we fear worse consequences in the sequell.

3. Thirdly, your Officers enforcing your Subjects to buy over their own Powder, Match, Shot, Cordiage, Stores, and other provisions afiesh, the last year, and this, which were fully paid for the first year, and taken into your Majesties Stores at the first and last return, and rating the estimates, as high the last year and this, as at first, when as one third part of the estimate (the old Stores and other things considered) would defray the charge.

4. Fourthly, your Officers turning of Tonnage and Poundage, (given, taken onely, and abundantly sufficient, to defend the Seas withall) into a meer annuall revenue, and laying the whole charge of guarding the Seas on the subjects notwithstanding; Now if that Tonnage and Poundage, purposely granted and taken to guard the Seas withall, be thus turned by them into a meer annuall revenue, we fear this also will be so, the moity of the present money collected being not disbursed in the defence of the Sea, for which it is pretended.

5. Fiftly, the speeches and mutterings of some of your Officers, who already stile it, a duty, yea, a project to improve your Annuall Revenue, and as for the greater part of the money, now collected, make it so.

8. Eightly, the stopping of some legall proceedings by Replevin, or Habeas Corpus, to bring the right and lawfulnesse of this Tax to a fair, just, speedy publike triall and discision, it being never formerly adjudged; contrary to * Magna Charta, and the Judges Oathes.

Ninthly, the leavying of this as a present supply, by some of your Great Officers, under colour of guarding the Seas, of purpose to keep off a Parliament, wherein our 9. grievances may be heard, redressed, and these Officers, who have abused your Majesties truct reposed in them, oppressed your people, violated their just Rights, Laws, Liberties, undermined their established Religion now in great danger to be supplanted by Popery ) condignly questioned and punished.

10. Tenthly, That divers Corporations, (as London, Yorke, Hull, ) together with Clergie-men, Eschequer-men, Church Lands, ancient illegible c. exempted from Danegeld, and all other Taxes and Tallages by prescription or speciall Charters confirmed by Parliament, and many who have been priviledged even from paying of Subsidies, (is the Officers of the Mint, and illegible of the Tower ) are burthened with this Tax, contrary to their very Charters of exemption. Which severall grievances we most humbly submit to your Majesties wise and most gracious consideration.

3. Thirdly, admit your Majestie might by your absolute Prerogative impose this Tax, yet the manifold inconveniences ensuing thereupon, both for the present and future, (which we shall here likewise represent to your Majesties royall wisdom) may justly induce your Highnesse to free us from this heavie mischievous burthen.

1. For first, it causeth a generall decay of Trading, both by ingrossing most of the ordinary currant money of the Kingdom, (the Nerves of Trade) and by breaking, undoing, or casting many poor Tradesmen and others so farre behinde-hand in the world, that they cannot recover themselves again.

Secondly, it causeth many Farmers in the Countrey to break, or hide their heads, 2. and give over their Farms, and makes every where such a multitude of poore, that the rich, in a short time, will not be able to relieve them.

Thirdly, it produceth a great decrease and abatement in the rents and price of 3. Lands, and enhanceth all other kindes of Commodities and Provisions to such an extraordinary rate, as the poor wil not be able to live or subsist, nor the rich to keep Hospitality, or to train up their Children to Learning, Sciences, Armes to serve your Majestie and their Countrey, if this Tax should continue.

Fourthly, it stops the current of the Common Laws of the Realme, by disabling 4. men to prosecute their just Suits, and to recover their Rights, for want of Means, which will breed much oppression and confusion, if not prevented.

Fiftly, it much discentents the mindes, dejects the spirits, slackens the industry 5. of most of your loyall Subjects, yea, causeth many of them to leave the Realme, and give over trading.

Sixtly, it so far exhausts your subjects Purses and Estates now in times of peace, 6. that they will be unable (though willing) to supplie your Majestie in times of Warre, or upon other necessary important occasions. (A thing considerable.) That which * Speed writes of Danegeld, being true of this Taxe likewise, That it emptied the Land of all the Coyne, the Kingdom of her glory, the Commons of their content, and the Soveraigne of his wonted respects and observance.

Seventhly, it makes our neighbour Princes (especially the French ) jealous of us, 7. moveth them to fortifie themselves extraordinarily at Sea, more than otherwise they would have done, yea, to call in the very Turks to annoyand infest us.

Eightly, it much hinders Traffique by way of Merchandize, and fishing, by imploying 8. divers of our ablest Ship-Masters, Pilots, Mariners and Fishermen in this service, which otherwise should and would have beene imployed in Merchants voyages and fishing.

Ninthly, it causeth a great unnecessary expence of Victuall, of Provision for 9. Ships, and so raiseth the price of victuals and provisions for Shipping.

Tenthly, it serves to secure the coasts of Flaunders against the attempts and intended 10. Designes of the French and Dutch, to guard and transport the Spanyards men, money, Artillery and provisions safely into Flaunders, which else could not escape the French and Dutch; and so by consequence, to maintain the warres against your Majesties own dearest Sister, her Children, friends, Allies, and helps to keep their Countrey and Inheritance from them; The Spanyards turnes being really served, yea, all their Goods, Provsions, Moneys safely transported, (not one Ship of ours fraught with their Commodities being taken the last year, that we hear of, among so many others of our own which miscarried) by means of this Tax and your Majesties Ships, whiles they on the contrary require, abuse your Majesty, your onely Sister and Nephews, with nothing but delayes or denyalls, to the grief of all your loyall Subjects.

Eleventhly, it much impoverisheth your whole Realme, benefitteth it nothing 11. at all, and serves chiefly (as we humbly conceive) to advance the Spanyards Monarchie and Designes (by whose Friends or Agens we fear it was at fast broached and set on soot) who have had most benefit by your Ships and Fleets already set forth, and therefore ought to defray their whole or greatest expences; for, Qui sentit commodum, sentire debet onw; by the very rules of Law.

12. Twelfthly, it is like to bring a great insupportable annuall constant charge of above three, if not four Subsidies a year on your Subjects, for the present, and to breed a dangerous president for posteritie, if not now released or withstood; since in such Taxes commonly, one Swallow makes a kinde of Sommer, * Et Binus actus inducit consuetudinem, a double or treble payment without opposition, will introduce a custome and prescription, be the Taxes never so unreasonable or unjust, as the Prelates and Clergy themselves could joyntly conclude in King Henry the third his dayes, in case of some other unjust Taxes.

These, most Gracious Soveraign, are the Grounds and Reasons we, in all humility, represent to your Sacred Majestie, against this Tax of Shipmony (set on foot, as we have cause to suspect, by such who ayme more at their owne private lucre, and sinister ends, then at your Majesties honour and service, or your Kingdoms welfare) upon which we humbly supplicate your Majesty to be exonerated of it, since, for the premised reasons, we neither can nor dare contribute any more monies to it.

Now because those men who have set your Majestie upon this project, (being such for the most part as have been advanced from low degree to great Offices and Estates for life by your Mies speciall favor, and having no Posterity of their own to care for, are regardlesse of others, or of future times, so as they may support themselves for the present by any, though unjust or dishonourable meanes, prejudiciall to posteritie, and all others but themselves,) pretend some ancient Presidents for the lawfulnesse of this Shipmoney Taxe, thereby to induce your Majestie (whose integritie and justice they know to be such, as will never give consent to the least unjust Taxation to oppresse your subjects withall, contrary to their just Rights, Liberties confirmed by your Majestie, even by your own good Lawes) to impose, exact it as a just and lawfull Tallage; We shall here, for the further clearing of the unlawfulnesse thereof, return a briefe answer to the chiefest of those Presidents they produce or suggest to your Majestie, to manifest the Legalitie of it.

In generall, we give this answer to all the Presidents they do (without grant in Parliament) or can produce to justifie this Tax.

1. First, that there is no direct President at all in point, to compell the Subject to finde Ships to guard the Seas; and if any one such President can be produced (as we presume none can) yet that it was never ruled nor adjudged lawfull upon solemne debate, either in Parliament, or any other publike Court of justice.

2. Secondly, that the Presidents produced, which have any colour at all to prove this Tax just or legall, were before Magna Charta and the forecited Statutes against imposing Taxes, Tallages, Without common consent in Parliament, or at least before any Tonage, and Poundage granted for the guarding of the Seas; not since.

3. Thirdly, they were onely in times of War and open Hostilitie, when the Realme was actually invaded by forraigne enemies, not of Peace, as now; which will answer all Presidents that can be produced.

4. Fourthly, that they were either by assent in Parliament, or else withstood or complained of as grievances, if otherwise.

5. Fiftly, that they are onely for pressing or staying of Ships upon the Kings hire and wages; not for setting out of Ships upon the Subjects proper cost (if not illegible thereto by Charter, or Tenure, as in the Cinque-Ports ) or else for stay of Ships for a time, and so impertinent to the case in question.

Sixtly, that these Presidents were not annuall, much lesse for sundry years together, 6. but rare, once perchance in an age, and that upon speciall occasions, onely in times of War, and will not prove pertinent, if duely examined.

Seventhly, that none of them extend to Inland Countries, Cities, Villages, but 7. to Maritine Towns alone.

These generall answers premised, we shall now descend to their most materiall ancient particular Presidents, in answering which alone, we shall fully cleare all the rest succeeding them.

The first President objected The first and main President they insist on, is that ancient Tax of Danegeld; this, say they, was lawfully imposed by his Majesties Royall Progenitors on the Subjects then, by their meet Royall Authoritie without Act of Parliament, to defend the Seas and Realm against the Danes; Answer. therefore his Majestie may impose on his Subjects the like Tax now, by his Prerogative.

To this objected President, we answer, That there was a double Tax or Tribute called Danegeld, mentioned in our Chronicles and Writers; The first * imposed by and paid to the Danes themselves, as to conquering enemies, by way of Composition or Tribute, to which the King himself contributed as well as the Subjects: This Composition was begun first by pusillanimous Ring Egelred, by the ill advice of Siricius Archbishop of Canterbury, and other illegible Anno 983. this Tribute came to 10000 l. Anno 986. to 16000 l. Anno 991. to 10000 l. Anno 994 l. to 16000 l. An. 1002. to 24000 l. An. 1007. to 36000 l. Anno 1009. to 3000 l. out of Kent alone. An. 1012. to 48000 l. An. 1014. to 30000 l. So Matthew Westm. Wigorniensis, with others. Some write that Egelred at five severall times paid the Danes 113000 l. to be exacted of all the people. This was properly called Danegeld. This Tribute was exacted and collected by King Hardeknutus, whose Officers were slain at Worcester in gathering up this Tributum inexorabile illegible as Matthew Westminster and Malmesbury terme it. De illegible Regum Anglorum, l. 2. c. 12. p. 76. 77. King Suanus the Dane exacting this Tribute from Saint Edmunds Bury Gate, or King Edwards lands, which pleaded exemption from it, was stabbed to death with King Edwards sword, in the midst of his illegible as our Historians record. Now this Danegeld, (so termed because it illegible impaired mens Estates, and emasculated their spirits) hath no Analogie with the Tax of Shipmoney, as all our Historians and Writers testifie.

For first, it was not paid to the King, but to a conquering oppressing Enemie.

Secondly, it was paid by the King himself, as well as by the Subjects, and that not as a debt or dutie, but a Composition or Tribute, most unjustly imposed and exacted by a usurping forraigne greedy enemy.

Thirdly, it was extorted by Force and Violence, not by Law or Right.

Fourthly, it was paid by the joynt composition and agreement both of King and people, not imposed on the people by the Kings absolute power. This is evident by illegible Wigorniensis, and Matthew Westminster; who record, that Anno 983. Danis omnes portus regni infestantibus, dum nesciretur ubi cis occurri deberet, DECRETUM EST A VIRIS PRUDENTIBUS, ut vincecerentur argento, qui non poterant ferro, Itaque illegible Millia librarum soluta, Danorum avaritiam exploverunt. Anno 991. Quo audite, illegible cis tributum 10000 l. PER CONSILIUM Siricis aliorũ Nobiliũ Regni, ut a crebris rapinis, cremetionibus, hominum cœdibus quæ circa maritima agebant, illegible An. 994. Tunc Rex Æthelredus CONSILIO SUORUM dedit eu pensionem de tota Auglia collectam 16 millium librarum, ut a rapinis cædihus hominum innocentium illegible Anno 1002. Rex Æthelredus CONSILIO PRIMATUM SUORUM Danis pro bono pacis tributum 24000 l. soluit. Wigorniensis. Anno 1007. Hoc Anno, Rex Anglorum Æthelredus CUM CONSILIO PRIMATUM SUORUM nuncios ad Danos legans, eis nunciare mandavit, quod sumptus tributum co tenore illis dare vellet, ut a rapinis desisterent, pacem cum eo firmam tenerent: Cujus postulationi, consenserunt, ex eo tempore de tota Anglia sumptus illis dabatur, tributum quod erat 36 millia librarum persolvebatur. Anno 1012. Dux Edricus Streone, OMNES ANGLIÆ PRIMATES utriusque ordinis ante Pascha LONDONIÆ congregati sunt, ihi tamdiu morati sunt, quousque tributum Danis promissum quod erat 48000 l. persolveretur. By all which it is most evident, that this Tribute was imposed, not by the Kings absolute Power and Will, but by the Parliament, and common consent of the Peers, and all the Realme.

5. Fiftly, it was paid to save and ransom their lives, goods and liberties from a conquering enemy, not to a Gracious Prince to secure them from an enemy.

6. Sixtly, it was then thought and called by all our Historians an intellerable grievance and oppression, which (saith * Speed and others) emptied the Land of all her illegible the Kingdome of her glory, the Nobles of their courage, the Commons of their content, and the Soveraigne of his Wonted respect and observance: Therefore in all these respects, no warrant at all of the lawfulnesse of this Tax, but a strong argument against it; to proveit both an intollerable grievance, and unjust exaction.

2. The second Tax, called Danegeld, (intended in the Objection) is thus defined in King Edward the Confessors Laws, c. 12. and by that famous grand Inquest of twelve of the principall men out of every County in England, appointed by William the Conquerour in the fourth year of his raign, recorded in Houeden, p. 603. Danegeld was illegible of all enacted to be paidly reason of Pirates; for infesting the Countrey, they ceased not to waste it all they could. To represse this their INSOLENCY, IT WAS ENACTED, that Danegeld should be yearly rendred; to wit, 12 d out of every Plough Land illegible England, to hire those who might resist and prevent the invasion or cruption of Pirates. The Black Book of the Eschequer, l. 1. c. 11. thus describes it; To repulse the Danes IT WAS ENACTED by the K. of England, (to wit, in Parliament) that out of every hide of illegible by a certain perpetuall Right, 2 s. should be paid to the use of valiant men, who illegible viewing and continually guarding the Sea Coasts, should represse the force and assaults of the Enemies. Because therefore this Rent was principally instituted for the Danes, it is called Danegeld.

But this President of this second sort of Danegeld, (most insisted on) is so farre from warranting the lawfullnesse of this present Tax, that in truth it is an unanswerable argument against it, if illegible considered.

1. For, first, it was not imposed on the Subjects by the Kings absolute Prerogative, as this is; but granted and imposed by Parliament, with the peoples consent, as Tonnage and Poundage hath been since. This is illegible

First, by the Lawes of Edward the Confessor, c. 12. Danegeldi redditio propter piratas 1. primitus STATUTA EST, c. Ad eorum quidem illegible reprimendam STATUTUM EST Danigeldum annuatim reddi, c. If therefore at first ENACTED to be paid; yea, ENACTED to be paid yearly, namely, twelve pence out of every hide of land to hire men to guard the Seas and Sea Coasts, against the Danes and Pirates, then certainly granted and enacted thus by Parliament, since the King alone by his absolute Power (much lesse by such a Writ as now issues) could make no such Act or annuall Law, nor impose such an yearly charge.

Secondly, by the Black Book of the Eschequer, l. 1. c. 11. Ad hos igitur arcendos, a Regibus 2. Anglia (to wit, in * Parliament, where the Kings of England onely are said to Enact Laws, and the Laws there Enacted, are said to be the Kings Laws and Acts, because the peoples and his assent unto them makes them binding) Statutum est, ut de singulis hydis JURE QUOD AM PERPETUO, duo solidi argentei solverentur, ad usus virorum fortium, c. Hic igitur ANNU A LEGE illegible indegenis Regibus solvebatur. If then ths Tax were ENACTED BY A CERTAIN PERPETUALL LAW. as this Eschequer Record avers it was certainly by vertue of an Act of Parliament.

Thirdly, by the addition to the Lawes of King Edward the Confessor, c. 12. recited in 3. Hoveden likewise, Annal. pars posterior, p. 603 which saith, That every Church, and the Lands belonging to every Church, where-ever situated, were exempted from this Tax, untill the dayes of William Rufus, because they put more confidence in the prayers of the Church, than in the defences of Arms: Donec codem A BARONIBUS ANGLIÆ AUXILIUM REQUIRENTE, ad Normanniam requirendam retinendam de Roberto suo fratre cognomine illegible Jerusalem proficissent Concessum est ei, non Lege sancium neque firmatum; sed hac necessitatis causa ex unaquaque hida sibi dari quatuor solidos, Ecclesia non excepta. Dum verò collectio consus fierct, * proclamavit Ecclesia, suam reposcens libertatem; sed nihil prefecit. By which exemption of the Church and Church Lands from this Tax, at first; and this request of W. Rufus of it, to regain and retain Normandy, ( which they did then GRANT UNTO HIM, onely for the present necessitie, but did not annually ESTABLISH NOR CONFIRM THE GRANT OF 4s. AN HIDE LAND BY A LAW, as Danegeld was first granted ) and that upon the Lands of the Church; it is most apparent, that Danegeld, (or this Tax then suceeding in liew of it,) was first granted by Parliament, and that no such Tax could then be imposed by the King, even in times of Warre and necessitie, to regain and preserve his proper Inheritance, but by * consent onely in Parliament.

Fourthly, by Sir Henry Spelman his authorized Glossary, London, 1626. Title de Danegeld, p. 200, 201. and M. Selden in his Mare Clausum, London, 1636 (dedicated 4. to your Majestie, and published by your speciall Command) l, 2. who both incline to this opinion, that this Danegeld was not imposed by Royall Authority, but granted by the Peoples full consent in Parliament, and that the Taxes which succeeded it, were not annually granted or paid, but onely in times of War, c. Consultis etiam Magnatibus Regni PARLAMENTARIA DEMUM AUTHORITATE, and that by the advice of the great men of the Realm, and BY AUTHORITY OF PARLIAMENT. If then this Tax of Danegeld to defend the Seas, was granted and imposed only by Parliament, with those Taxes also that succeeded it, not by the Kings Royall Prerogative without a Parliament; this Tax if Shipmoney also ought to be thus imposed, and not otherwise, even by this Presidents example.

3. Secondly, this Danegeld was not imposed or exacted in times of Peace, but of Warre onely, being granted solely for this purpose, to defend the Seas against the Danes invasions during their Warres and Piracies; so that when the Warres ceased, this Tax also ceased in point of Law and Justice, according to the Lawyers and Philosophers rule, Cossante causa, cessat effectus. That this Tax lasted, was granted and lawfully taken onely during the Wars of the Danes, is most apparent, by the forecited words of Edward the Confessors Law, c. 12. Houeden Annulium Pars posterior, p. 603. by the Black Book of the Eschequer, l. 1. c. 11. forecited; which addes moreover, that when the Land had paid this Tax under William the Conquerour, Noluit hoc ut annuum solvi, quod fuerat URGENTE NECESSITATE BELLICÆ TEMPESTATIS EXACTUM; nec tamen omnino propter inopinatos casus dimitti. Raro igitur temporibus ejus, vel sucessorum ipsius solutus est, hoc est. CUM AB EXTERIS GENTIBUS BELLA VEL OPINIONES BELLORUM SURGEBANT. Which Sir Henry Spelman in his * Glossary seconds in the same words. If then this Danegeld, though granted by Parliament, was due, and of right collected of the Subjects onely in times if forraigne Wars, not in dayes of Peace; it is no President at all to prove this annuall Tax of Shipmoney lawfull in these times of generall peace, when we have neither open Wars with, nor any imminent fear of Wars from any forraign Nations, but a direct president against it, being now in peace with all our neighbours.

3. Thirdly, this Danegeld, though granted by Parliament, when it began to be usurped, as an annuall duty by the Kings of England, and that in times of Peace as well as Warre, was complained of as an unsufferable grievance, and thereupon for ever released to the subjects by four severall Kings.

1. First, by that good and gracious Prince King Edward the Confessor, of whom Jugulphus our ancient Historian, p. 897. M r Selden in his Mare Clausum, l. 2. and Sir Hen Spelman in his Glossary, Tit. Danegeld with others. (out of him) write thus. An. Dom. 1051. When the carth illegible not her fruits after her accustomed fertility, but devoured divers of her Inhabitants with famine, insomuch that many thousands of men died for want of bread; most pious King Edward the Confessor, moved with pity towards his people, Tributum GRAVISSIMUM quod Danigeld dicebatur OMNI ANGLIÆ IN PERPETUUM RELAXAVIT; For ever released to all England that most grievous Tribute called Danegeld. * Some (addes he) report, that this most holy King, when his Bedchamber-men had brought the Danegeld then collected into his Bedchamber, and carried him in thither to see so great an heap of Treasure, that the king was agast at the very first sight thereof, protesting that he saw a Devill dancing upon that great pile of money, and triumphing with over much joy; whereupon he presently commanded it to be restored to the first owners; Et de tam FERA EXACTIONE, ne jota unum voluit retinere, And would not retain one jot out of so cruell an exaction: (an excellent president both of Justice and Charity for your Majesty now to imitate in these dayes of plague and penury) Quin IN PERPETUUM * RELAXAVIT, but released it for ever, to wit, in the 38 year from the time that Suanus King of the Danes, commanded it to be yearly paid to his army in the Raigne of King Ethelred his Father. * Higden in his Polychron, l. 6. c. 24. Fabian in his Chronicle, part, 6. c. 210. p. 282. Matthew Westminster, and Florentius Wigorniensis, Anno 1051. Capgrave, Surius, Ribadenira and Holinshed in the life of Edw. the Confessor. Graston in his Chronicle, p. 180. Speed in his History of Great Brittain, lib. 8. c. 6. Sect. 7. p. 410. with others record, That this Edward the Confessor discharged Englishmen of the great and most heavy Tribute called Danegeld, which his Father Egelred had made them pay to the Souldiers of Denmark; so that after that day (saith Fabian ) it was no more gathered. This good King therefore for ever releasing it to all England, as a most grievous, cruell, heavie exaction, and restoring the money collected by it, to his eternall honour; we hope your Majestie, his gracious Successor, neither can, nor will now, (after almost 600. years discontinuance) revive and exact it illegible your Prerogative, as a lawfull duty, but rather remit and repay the money recollected, as he did.

Secondly, it was released by William the Couquerour, who taking and requiring it, 2. or rather the like Tax for a time, and imposing a Taxe of 6 s. upon every hide Land towards the payment of his Souldiers, as a Conquerour, which caused a Rebellion against him in the Western parts, (as Polychronicon, l. 7. illegible 1 3. Fabian part. 7. c. 219. 222. p. 300, 308 with * others, attest) did at last release this Tax of Danegeld likewise, but onely in times of War, as appears by the Black Book of the Eschequer, l. 1. c. 11. which writes thus. Ipso illegible Regnante tam Dani, quam cæteriterræ illegible prædones, hostiles cohilebant incursus; cum crgo diu solvisser, terra sub ejusdem Regis imperio, NOLUIT hoc ut annuum solvi quod fuerat urgente necessitate Bellicæ tempestatis exactum; nec tamen omnino propter inopinatos casus dimitti. Rarò igitur temporibus ejus (or rather never, for ought appears by our Chronicles or Records) vel successorum ipsius solutus est; Hoc est, cum ab exteris Gentibus bella, vel opiniones bellorum insurgebant. This Conquerour therefore releasing the annuall payment of it in times of Peace, as illegible unreasonable, yea, against the Primitive Institution of it, and demanding it onely in times of Warre, (and then by grant in Parliament to) your Majestie coming to the Crown onely by lawfull Succession and Inheritance, not by an absolute Conquest, as he, ought much more to release, and by no means to demand any such Tax in times of Peace.

Thirdly, it was released by King Henry the first, who as he in the beginning of his Raigne, * took away all unjust exactions, where with the Realm of England was unduly oppressed, and exempted the Citizens of London, and all Knights, by his great Charter, from Danegeld, and all Gelds or Taxes, reserving a Tax called Danegeld, to wit, of twelve pence every hide land, out of other lands, (which Taxi seems by his Laws, c. 16. was granted to him by Parliament; ) So he made a vow, that he would release the Danes Tribute for seven years. Polychronicon, l. 17. illegible 7. Spelmanni Glossarium, p. 200. 201. And it seems he was as good or better than his word; for Fabian, part, 7. c. 239. p. 327. and Graston, p. 40. Story, That he released unto Englishmen the Danegeld ( that was by his Father and his brother renowed; to wit by grant in Parliament, as appears by Edward the Confessors Laws, c. 12. which he ratified; the Laws of Henry the first, c. 16. Hoveden Annal. pars posterior, p. 603. Spelmans Gloss. p. 200, 201. And he releasing it then also, we hope your Majestie cannot in justice renue it or the like Tax now.

Fourthly, it was for ever released by King Stephen, both at his Coronation, and in a Parliament hold at Oxford. For * Matth. Paris. p. 73. Polycronicon, l. 7. c. 18. f. 283 Fabian, Part, 7. c. 232. p. 333. Hoveden, Annalium Pars prior. p. 482. Graston. p. 41. Spelman. p. 201. record, That when King Stephen was Crowned, he sware before the Lords at Oxford, that he would forgive the Danegeld as King Henry before him had done. And that Anno. 1136. coming to Oxford, he confirmed the Covenane which he had made to God, the people, and the holy Church in the day of his Coronation; the last clause whereof was this, Quod Danegeldum, id est duos solidos ad hidum, quos antecessores suos accipere soliti sunt IN ÆTERNUM CODONARET; That he would for ever release Danegeld, that is, two shill of every hide land, which his Ancestors were accustomed to receive. And though Hoveden lay this brand of perjury on him, Hæc principaliter Deo vovit, alia, sed nihil horum tenuit; yet we neither finde nor read, either in our Records or Chronicles, that this Tax of Danegeld, or any of like nature was ever since that time imposed by him, or any of his Successors, but by the advice of the great men of the Realm, Et Parliamentaria demum Authoritate, And by Authoritie of Parliament; So that learned Antiquary Sir Hen. Spelman concludes in his Glossary, p. 201. Being therefore thus for ever released, as an intollerable grievance and exaction, by these four severall Kings, and discontinued full 500 years, and not revived; we humbly conceive, that this antiquated, this so oft, so anciently released exaction, or any other of like nature, ought not, cannot, either in point of Honour, Law or Justice, be renued, or imposed on us by your Majestie now; and that this Tax thus successively released as a grievance, though at first granted by Parliament, can be no president to prove the lawfulnesse of this present Tax, but a most pregnant evidence against it, having no countenance nor allowance at all from any Parliament.

4. Fourthly, admit this Tax of Danegeld not imposed by Parliament, but onely by Regall Power, and that lawfully in those ancient times, as is pretended, (all which we have manifestly disproved;) yet it is no argument at all, to prove the lawfulnesse of this present Tax of Shipmoney; and that in these severall respects.

1. First, this Danegeld then was first imposed in times of War and distraction, before the government of the Kingdom was setled by good Laws; therefore no president for this Tax in times of Peace, or in this setled Estate of the Realm, so long continued by wholsome Laws.

2. Secondly, it was before any extant Statutes made against the imposing of any Tax, Tallage, Ayde, or Benevolence, without common consent of the Lords Spirituall and Temporall, and Commons in Parliament. This, after divers forecited Acts of this nature against it, and those ratified by your Majestie in the Petition of Right.

3. Thirdly, it was before any Subsidie of Tonnage or Poundage granted to guard the Seas, or Sea Coasts; and in truth, it was the Tonnage and Poundage of those times; this after Tonnage and Poundage granted to guard the Seas, to exempt the Subjects from this, and all other Taxes for that purpose.

Fourthly, it was certain; first, 12 d. after that 2 s. every Hide Land, and that certainly limited by Parliament; this arbitrary and uncertain, not rated by any Parliament.

Fiftly, that was onely charged upon lands, not goods; this on Goods, and on those who have no Lands.

Sixtly, All Clergie-men, * all Lands of the Church, together with divers Corporatians, all Sheriffs, with all Officers of the Eschequer, were exempted from Danegeld, as appears by Edward the Confessors Laws, c. 12. Wigorniensis and Matthew Westm. An. 1014. Hoveden, Annal. Pars posterior, p. 603. John Salisbury de Nugis Curialium, l. 8. c. 21. Polychronicon, l. 8. c. 16. Fabian, Part, 1. c. 200. p. 203. the Black Book of the Eschequer, l. 1. c. 11. and Spelmans Glossary, p. 200. with others: But none of all these are exempted from this Tax of Ship-money.

Seventhly, * It was not alwayes annually paid, but rarely, and that onely in times of 7. Warre; this now for three years together, in times of Peace.

In all these respects therefore we humbly conceive, that this principall president of Danegeld, is no warrant at all, for the lawfulnesse of this Tax of Ship-money, but a most clear undeniable authoritie against it; in answering whereof we have defeated, cleared most other subsequent presidents.

The next Presidents that are objected out of ancient Stories, are theses Matth. Westm. President. Anno 874. writes of King Ælfred, that when the Danes invaded the Realme with two 2. Navies, King Ælfred, parato Navigio, having prepared a Navy: set it to Sea, took one of the enemies Ships, and put six more to flight. Anno 877. the enemies increasing in all parts, this King commanded Cyulas Galeas, id est longas Naves fabricari per regnum, ut navali prælio Hostibus adventantibus obviaret, illegible pyratis in illis vias inaris custodiendas commisit. That, Anno 997. King Ælfred appointed Gardians in severall parts of the Realm against the Danes, Quo etiam tempore fecit Rex Ælredus longas Naves, quas Cyulas sive Galeas appellavit, fabricari; in quibus armatis impositis, jussit maria semitas observari, ut tam navali quam terrestri prælio regni sui tranquillitati, subjectis sibi populis provideret. That, Anno, 1008 King Ælthered jussit parari ex 300 decem Hydis navem unam, ex octo hydis galeam unam loricam. Rex Anglorum Æthelredus, de 310 cassatis unam trierem, de novem verò loricam cassidem fieri, per totam Angliam naves intente præcepit Fabricari, (to wit, in Maritine Towns) writes Wigorniensis; Quibus paratis electos in eis milites cum alimentis posuit, ut ab exterorum irruptionibus fines regni defenderent illas ad Sandicum portum congregavit. That, Anno 1040. Hardeknute, unicuique remigi suæ classis octo marcas, fingulis rectoribus decem Marcas, de tota Anglia pendi præcepit; ( unde cunctis qui ejus adventum prius optaverant exosus effectus est ) is added withall. These Kings then imposed Ships and Shipmoney on their Subjects, therefore your Majectie may doe the like.

To these Presidents we answer; first, that they were all onely in times of Warres, Answ. 1. and invasions by enemies, for the Kingdomes necessary defence, not any of them in times of Peace.

Secondly, the three first of them, are onely, That the King provided a Navie, and commanded 2. Ships to be built thorowout the Kingdom to guard the Seas, and encounter the enemies, as well by Sea, as by land; but speake not, that this was done at the subjects own charge, or that any Tax was laid upon them to do it; or that this command of his was without the peoples consent in Parliament, or was obeyed; or that he might lawfully impose such a charge on his subjects without their common consent. The fourth of them, Anno 1008. saith, that King Æthelred commanded one Ship to be provided out of every 310 Acres, but saith not, that this command was by the Kings absolute power onely, (for it might be by common consent in Parliament first agreed upon, for ought appears;) or that it was then held just and lawfull; neither doth it inform us, that these Ships were built; Indeed Florentius Wigorniensis, Anno 1008. addes, that they were accordingly prepared, and that the King put choyce Souldiers in them, with Victuals, that they might defend the Coasts of his Kingdom from the cruptions of Forraigners; so that the subjects were onely at the charge of building the Ships, the King of the Victuals, Provision, Souldiers wages; and in truth, when all was done, they had but bad successe, for the same Historian tels us, That a great storm arose, which illegible bruised the Ships, and drave them ashore, where Walnothus burnt them; illegible totius populi maximus labor periit. But this President, though the nearest of all, comes not home to the present Cause.

1. First, because it was onely to build Ships in case of necessitie, for the defence of the Realme, when there wanted Ships to guard it; but now (thanks be to God) there are ships enough already built to guard the Seas against all the world.

2. Secondly, every 310 Hides was to build a ship, (of three Ores, unom illegible writes Wigorniensis but not taxed so much money to build one, as now; and it was onely in Port Towns, as Henry Huntindon writes, Hist. l. 6. p. 365. la dicbus illis redditæ fuerunt 16. puppibus ab unoquoque porfu 8 marce argenti, ticut Patris sui tempore, c.

3. Thirdly, the ships built were set out, not at the subjects, but Kings cost: therefore no president for this Tax, to set out ships built upon ours, but onely upon you Majesties expence.

4. Fourthly, this charge was certain and equall, every hide land being equally charged; This altogether uncertain and unequall.

5. Fiftly, this was after the Danegeld was first set on foot, therefore done, not by the Kings absolute power, but by common consent in Parliament, as we have proved Danegeld to be granted.

6. Sixtly, this president proves onely, that such a thing was then commanded to be done by the King, not that the King did, or might lawfully command it, or enforce the subjects to do it without the Commons consents.

7. Seventhly, this was no annuall charge then put on the subject, as this now, but extraordinary, and not drawn into practise, for ought appears; therefore different from the present case of Shipmoney.

8. Eightly, no Corporations or Goods were then charged, but onely lands, and all men rated onely by the land they held; therefore this extends not to justifie this Tax of Shipmoney, which is laid on Corporations, Goods, and such as have no lands at all.

9. Ninthly no man was injoyned to this under pain of imprisonment, nor his Goods distrained or sold if he refused, for of this there is not a syllable; therfore no president to warrant the present imprisoning or distraining of those mens Goods, who now refuse to pay this Tax.

For that of illegible it appears to be no just or lawfull, but an illegall and Tyrannicall Act, which (saith the * Historian) made him odious and hatefull to those who desired him for their King before. Florentius Wigornienfis, An. 1040. writes, that it was such a Tribute, that scarce any man could pay it: Quapropter omnibus, qui prius adveatum ejus desider abant magnopere, factus est exorsus summopere: * William of Malmsbury calls it, Tributum inexorabile importabile, quod dum importunius per Angliam exigitur duo infestius hoc munus exequentes a Wigorniæ civibus extincti sunt: Daniel, p. 22. stiles it, A generall grievance to the whole Realme, which made him very execrable to the people. And shall such a grievous unsufferable Tax as this was then reputed (imposed by no native Hereditary Prince, but a forraigne Danish Tyrant, who died drunk amids his Cups very shortly after, as all our Historians record) be made or deemed a just, a lawfull President for your Majestie now to follow? God forbid. Besides, * Hen. Huntingdon, Speed, and others, are expresse, that this Tyrant made the subjects pay his land souldiers, as well as Mariners; Hujus Anno secundo redditus est census exercitui Danorum scilicst, 21000. l. 89. lib. postea redditæ fuerunt 32 puppibus, 11000. 48. lib. And then by this reason, president, you may as well enforce your subjects to maintain an army by Land, as Sea, which no man will grant you may compell them to do by Law, without common consent in Parliament.

Thirdly, we answer, that all these presidents were before the government of this 3. Kingdom was setled, before Mag. Charta, and other Statutes against Taxes, Tallages, Lones, Aydes, Benevolences without common consent in Parliament, enacted, before Tonnage and Poundage granted; therefore impertinent to the present case.

Fourthly, neither of these presidents was ever adjudged, law full against the subject: 4. therefore not binding, Cook 4. Report 93. 94. illegible case. Cook 6. 75. a. and they are very ancient, rare, if not obsolete.

Fiftly, all these were during the time of Danegeld, and involved in it; what 5. therefore we answered to that of Danegeld, is applicable to all, to each of these, and that making clearly against, not for this Tax, as we have manifested; these presidents also must doe the like.

The third president objected, (the first and most pertinent of all others, since that 3. of D anegeld ) is that of K. Iohn, Anno 1213. who being judicially deprived of his Crown President, 3. and Kingdom at Rome by the Pope, at the earnest sollicitation of that Arch-traitor * Stephen Langhton Archbishop of Canterbury, William Bishop of London, and the Bishop of Ely; these Prelates departing from Rome, went into France, and then conspiring with King Philip, and the Bishops of France against their own Soveraigne, they solemnly published this deposition and sentence of the Pope given against him at Rome, and then in behalfe of the Pope, they enjoyned as well the King of France, as all other men, as they would obtain the remission of all their sins, that uniting themselves together, they should go into England in an Hostile manner, and depose King John from his Crown and Kingdom, and substitute another worthy man in his stead, by the Popes * Apostelicall authority. Hereupon the King of France prepared a very great strong Army, illegible to invade England both by sea and land to depose King John, and get the Crown of England to himself. King John having perfect intelligence of all this, in the moneth of March commanded ships, excellently well furnished, to meet together out of all the Ports of England, that so he might with strong hand resist those who intended to invade England. He likewise raised and gathered together a very great Army out of all England and Ireland, and the places near adjoyning. Thus Matthew Westminster, Anno 1214. p. 9. relates the Story. * Matthew Paris addes this thereunto, That the King being certified of all that the Prelates, and others, plotted against him beyond the Seas, caused all the ships of the Ports thorowout all England, in the moneth of March, to be imbreviated by this Writ, Which he directed to all the Bailiefs of the Ports, in these words: Johannes Rex Angliæ c. Præcipimus tibi, quatenus statim visis literis istis, illegible in propria persona una cum Bailivis Portuum, ad singulos Portus de Bailiva tua, facias diligenter imbrevierc, omnes Naves ibi inventas, quæ possunt ferre sex equos vel plures, præcipias ex parte nostra magistris ex omniuro navium illarum, illis quorum naves sunt, quod sicut se naves suas, omnia sua diligunt, habant islas apud Portesmue in media Quadragisima, bene adornatas bonis prabis Marinellis bene armatis, qui ituri sunt in servitium nostrum ad liberationes no stras, tunc habeas ibi memoriter distincte imbreviatum, quot naves in singulis portubus inveneris quorum ipsæ illegible quot equos quælibet ferre possit. Et tunc facias nobis seire, quot quæ naves non suerint in portubus suis die dominica proxima post Cineres sicut præciperamus, Et habeas ibi hoc breve. Teste meipso apud novum Templum, tertia die Martis. These things thus acted concerning ships, the illegible other Letters to all the Sheriffs of his Kingdome, in this forme; Johannes Rox Angliæ, c. Summone per bonos Summonitores, Comites, Barones, Milites, illegible liberos homines, illegible vel quicun illegible , sint, vel de quocunque teneant, Dui Arma habere * debent, vel Arma habere possiat, qui homagiū nobis, vel ligantiam fecerunt; Quod sicut nos, seipsos, omnia sua diligunt, sint apud D overam ad instans clausum Pascha, bene parati cum equis armis, cum toto posse suo, ad defendendum caput nostrum, capita sua, terram A ngliæ. Et quod nullus remaneat, qui arma portare possit, sub nomine Culvertagij perpetuæ servitutis. Et unusquisq́, sequatur Dominum suum. Et qui terram non habent, arma habere possint, illuc venient ad captendum solidatas nostras. Et tu omnem attractum victualium, omnia mercata Bailivarum illegible facias ut sequantur exercitum nostrum, ita quod nullum mercatum de Bailivis tuis alibi tencatur: Et tu ipse tunc sis ibi cum prædictis Summonitionibus. Et scias, quod seire volumus quomodo venerint de Bailivis tuis, qui venerint, qui non, videas quod tu ita effortiatè venias cum equis armis hæc ita exequaris, ne inde ad corpus tuum nos capere debeamus. Et tu inde haheas rotulum tuum ad nos certificandum qui remanserint. These two Writs therefore being divulged thorowout England, there came together to the sea coasts in divers places which the King most suspected, to wit, at Dover, Feversham, and Ipswich, men of different condition and age, fearing nothing more then the reproach of Culvertage. But when after a few dayes there wanted victuals for so great a multitude, the chief Commanders of the War sent home a great company of the unarmed vulgar retaining onely the Knights, their Servants and Freemen, with the Slingers and Archers, neare the sea coast. Moreover, John Bishop of Norwich came out of Ireland with 500 Souldiers, and many horsmen, to the King, and was joyfully received of him. All therefore being assembled to the Battell, and mustered at Barhamdowns, there were among the selected souldiers and servants, strong and well armed, 60000. valiant men, who if they had had one heart and minde toward the King of England, and the defence of the Countrey, there had not been a Prince under heaven, against whom the Kingdom of England might not have defended it self. Moreover, the King resolved to joyn in battell at sea with the adversaries, that he might drowne them in the sea before they should land, for he had a greater Navie then the King of France; whence he conceived greatest security of resisting the enemies. Thus Matthew Paris, Histor. Angliæ, Anno 1231. p. 224, 225. whose words we have related at large, to clear and take of the edge of this prime President; in answering which, all since it will be cleared. From this Writ to presse and provide Ships then, some of your Majesties officers would inferre, the lawfulnesse of these Writs for Ships and Shipmoney now.

Answer. But under correction, we humbly conceive, that this president makes much against, nothing at all for these Writs now issued, and Tax imposed.

1. For, first, it was before Magna Charta, the Statutes against Taxes and Tallages, the Petition of Right, or any Subsidies of Tonnage and Poundage, granted to guard the Seas.

2. Secondly, it was onely directed to Port Towns that had ships, not to Counties and places, which had no ships, as these Writs are now.

3. Thirdly, it was onely to the Masters and owners of Ships, not to any other persons, who being exempted from all land-service, were to serve the King and kingdom at this pinch and extremitie, by sea; but these Writs reach to all, as well those that have no ships, as others.

Fourthly, it was onely to furnish out their own ships, then built, not to contribute 4. money to the hire of the Kings or other, or to build new of other, or greater burthen than those they had; these Writs now are contrary to this in all these respects, at least in intention and execution.

Fiftly, here was no levying of money to be paid into King Johns Exchequer, or 5. Officers hands to provide or hire ships, but every man was left to furnish his own ships, at his own best rates, with his owne provisions and marines. This now quite otherwise. 6.

Sixtly, though the Mariners and owners of ships then, were by this Writ to furnish out their ships at their own proper costs, yet when they were thus furnished, the * King was to pay them both hire fraight, wages, as his Successors have ever since done when they pressed any of their subjects ships or Carts for warre, or carriage; This the words, Ituri in servitium nostrum ad liberationes nostras, ad capiendum solidatas nostras, implie, and the constant practice of all Kings since in like cases, (yea, of your Majestie, who now pay wages and fraight for all the Mariners and Merchant ships you presse) resolves: Therefore it makes nothing at all for this enforcing the subjects to set out ships to guard the seas, or serve your Majestie at their own proper costs and charges.

Seventhly this president makes it evident, that those who are bound by their tenures, 7. lands and laws of the Land to serve the King, and defend the Kingdome by land, (as all the horse or foot Trained-Bands and Companies thorowout England are) ought not to be charged with any Sea-service; for here all the land-men are charged to serve the King and defend the Kingdome onely by land, and the sea-men onely by sea; neither of them inforced to serve, or to contribute to any service, or defence both by land and sea; for that had been a double, yea, unreasonable and impossible charge. Therefore none who are charged with land-service, by this very presidens resoution, ought now to betaxed towards the setting out of ships, but sea-men onely are to guard the seas with such ships as they have and no other, upon your Majesties pay. Therefore these writs which charge land-men to contribute towards the setting out of ships, are directly against this president, the Law, the practice of those times: Yea, against the Law of King Edward the Confessor, which our Kings are sworne to observe. Lambard. A rchaion, fol. 35. D ebent enim universi liberi homines secundum scodum suum, secundum statum suum arma habere, illa semper prompta conservare ad tuitionem Regni, servitium D ominorum suorum, juxta præcept illegible Domini Regis explend illegible paragendum. And of * William the Conquerour, lib. Rubr. Scacarij, f. 162. Statuimus firmiter præcipimus, quod omnes Comites Barones, Milites, servientes, universi libri homines totius Regni nostri prædicti habeant se semper in armis Et Equis (not navibus) ut decet oportet: Et quod sint semper prompti bene parati ad servitium suum integrum nobis explendum, peragendum cum semper opus affuerit, secundum quod nobis De feodis debent, et tenementis de Jure facere, sicut illis statuimus per commune Confiltum totius Regni nostri prædicti, illis dedimus concessimus in feodo jure hæreditario. Therefore those who are thus obliged by their Tenures to serve the King, and finde horse and armes to defend the Realme by land, must necessarily be exempt from all services, and defence by sea.

Eightly, those Land-men that were not bound by their tenure and feos to finde armes, and yet were able to bear Arms, were to receive the Kings pay, and not to serve gratis; even in this necessary defence of the Kingdome, as these words, Ad capiendum solidatas nostras, resolve; therefore certainly the Mariners in those ships received the Kings pay too, and the Owners fraight, as they do now from your Majestie, and so the King, not subjects bore the charge of the shipping then; 9. and if so in that age before Tonnage and Poundage, then your Majestie much more ought now to doe it, since Tonnage and Poundage taken for that purpose.

Ninthly, this Writ was in an extraordinary case, upon an extraordinary exigent and occasion; the King was here deprived of his Crown, Kingdom, by the Pope, and that most unjustly, at the instigation of his own Prelates, and both of them given to King. Philip of France; a strong Army both by sea and land was ready to invade his Realme, yea, to take possession both of his Crowne and Kingdom: This extrordinary sudden exigent put this King to these two unusuall Writs. There being 10. therefore, ( illegible be God) no such extraordinary occasion now, as then, this president being extraordinary, is nothing pertinent to the Writs now in question, nor any proof at all of the lawfulnesse of this Tax.

Finally, this president was onely in time of open, imminent Warre and danger, upon an invasion ready to be made upon the Realme by a forraigne potent enemy, both by sea and land; therefore no proofe of the lawfulnesse of the present Writs and Taxes in dayes of Peace, that being lawfull in many cases in times of War, which is altogether unlawfull in times of Peace. For instance.

1. First, * Mashall Law may be exercised by your Majesties Commission and Prerogative in times of War, but not in times of Peace; as was lately resolved by your Majestie and the whole Parliament in the Petition of Right.

Secondly, the Kings of England in times of Forraigne Wars, might by their Prerogative Royall, for the Kingdoms security, and better illegible of the Wars, seize the 2. lands of Priors aliens, (when extant in England ) but thus they could not do in times of Peace. 27. Ass. 48. 38. Ass. 20. 17. E. 3. 2. 60. 18. E. 3. 38. 29. E. 3. 16. 40. E. 3. 10. 14. H. 4. 36. 22. E. 4. 43. 21. H. 7. 2. 12.

3. Thirdly, the Kings of England in times of open invasive Wars, may compell Traine souldiers and others to march out of their proper Counties to the sea coasts, or other parts, for the necessary defence of the Realm; but this can they not do in times of Peace. 1. E. 3. Stat. 2. c. 5. 4. H. 4. 13. 4. 5. Philip Mary, c. 3.

4. Fourthly, the Kings of England when they had offensive or defensive Wars, with Scotland, might and did lawfully demand and receive illegible of their subjects; and so did other Lords of their Tenants; but in times of Peace they neither did nor could do thus. Littleton, Sect. 95, 97 98, 100, 101 102. and Cook ibidem.

5. Fiftly, illegible (when granted at first by common consent of the people in Parliament) was due onely in times of War, not of Peace, as appears by the premisses.

6. Sixtly, Subsidies and Ayds in former times, were never demanded by Kings, nor granted in Parliament by the Subjects, but in times of War, or illegible fray the debts of the Prince contracted by the Wars, not in times of Peace. 14, E. 3. c. 20, 21. 15. E. 3. c. 1, 2, 3. Stat. 2. Stat. 3. c. 1. 25. E. 3. Stat. 7. 11. H. 7. c. 10. 32. H. 1. c. 23. 37. H. 8. c. 14. and other forecited Acts.

Seventhly, the goods of alien enemies may lawfully be seized by the King illegible his Subjects in times of open War, not in dayes of Peace. Magn. illegible 13. 14. E. 3. c. 2. 2. R. 3. 2. Brook Denizen. 8. 7. E. 4. 13. 14. Brook Fresh-suit. 8. illegible 57. 22. E. 4. 45. a. 22. E. 3. 16, 17. 36. H. 8. Brook Property. 38. illegible 364.

Eightly, by the custome of Kent, and the Common Law, not onely the Kings of England, 8. but their subjects too, may justifie the entring into another mans ground, and the making of Bulworks and Intrenchments therein, for defence or offence against the enemies in times of Warre; which they cannot do in times of peace. 8. E. 4. 23. Brook Customs 45. and Trespasse 406.

Ninthly, In times of War, men may justifie the pulling down of Houses and Suburbs 9. adjoyning to a Fort or Citie, for their better defence and illegible but they cannot do it in times of Peace; 12. H. 16. b. Brook Trespasse 406. 9. E. 4. 35. b. Dyer 36. b. Fabian, part. 7. p. 355.

Tenthly, your Majesties Royall Progenitors might appoint Merchants and others in 10. times of War, to make purveyance for their Armies or Forts, Without Commission, but not in times of Peace. 14. E. 3. c. 19. and so might Lords, Knights, and others, give Liveries in times of War, but not of Peace. 1. H. 4. c. 7. 7. H. 4. c. 14. 8. H. 6. c. 4.

By these ten Cases then (to omit others) it is apparent, that there is a vast and infinite difference in one and the selfe-same act, in times of Warre, and of Peace; that the same Act may be lawfull in times of Hostilitie, and yet utterly illegible in dayes of Peace. This president therefore (with all others of like nature that can be objected) being onely in times of Warre, is no argument of the lawfulnesse of this Tax of Ship-money, nor yet of pressing Ships (unlesse for carriage, or other speciall sevice upon Hire, and your Majesties own wages, not at the subjects cost, as Carts, Horses and Lighters are now oft-times illegible ) in these times of illegible but a direct argument against it, as the ten forecited Cases evidence.

For any other pretended Presidents (or Records ) that may be alleadged to prove the lawfulnesse of this Tax, we intend not here (for brevities sake) to trouble your Majestie with particular answers to them, they being all fully answered in those præobjected; which, though the prime and most pertinent that are extant in Print; yet now, as we have cleared them, are point-blanke against these Writs and Taxes of Ship-money.

These, most gracious Soveraigne, are the Grounds, Reasons, Authorities, on the one hand, and replies on the other, whereupon we humbly conceive these Writs and Taxes for Shipmoney, wherewith we have lately been, and yet are grievously burthened, to be directly contrary to the Laws and Statutes of this your Realme, the ancient, just, Hereditary Rights and Liberties of us your poore Subjects, and an intollerable grievance, oppression to us; all which we here in all illegible submit to your illegible most just and mature consideration; not doubting, but your Majestie, however formerly mis-informed by some of your great Officers, of the Legalitie thereof, will now upon the serious perusall of this Our illegible and illegible Remonstrauce (which we in all humilitie together with our selves, prostrate illegible your Royall fee) alter your Regall judgement in this great generall Case, and now become of the same minde, judgemeat with us your poore subjects; And we are almost fully assured, that the Lords of your Majesties most illegible Privie Councell, With your reverend Sage Judges of the Common Law, if illegible charged on their Alleagiance, by your Majestie, faithfully to deliver to your Highnesse, without fear or slattery, what they really conceive of the lawfulnesse of these Writs and Taxes, will, upon the consideration of these our Reasons and Answers to the objected Presidents, (at least-wise upon the fuller hearing of the Arguments of our Councell learned in the Law, readie to debate it more amply, if this our Short Remonstrance be not satisfactory; which our Councell, we humbly desire, may be fairly, indifferently and fully heard in all your Majesties Courts of justice, where this point shall be drawne in question by us, if occasion so require;) truly informe your Majestie, that they concurre in judgement with us in this, That these Writs, Taxes are against the Laws and Statutes of this your Realme, the just ancient Rights and Liberties of us your subjects, which we know and are assured, your most Gracious Majestie will inviolably preserve, according to your premised Oath, and Royall Protestations, not withstanding the mis-informations and false suggestions of any your greatest Officers or Projectors to the contrary: The rather, because it was your late Royall Fathers Speech, of blessed memory, to all his Nobles, Commons, and people in the Parliament House, Anno 1609. (twice Printed, for an eternall monument of his goodnesse and Royall Justice, by his speciall command, both by it selfe, and in the large Volumes of his Peerlesse Works;) That a King governing in a setled Kingdom, leaved to be a King, and degenerated into a Tyrant, as soon as he lest off to rule according to his Laws. Therefore all Kings that are not Tyrants, or perjured, will be glad to bound themselves within the limits of their Laws; and They that perswade them to the contrary, are * Hipers and Pests, both against them and the Common Wealth.

Upon tender consideration of all these premisses, we most humbly beseech your Most Excellent Majestie, out of your Princely goodnesse and justice, (since * by the great God of illegible command, He that ruleth over men must be just, ruling in the fear of God; and we all know and beleeve you Majestie to be such a Ruler, * Sitting upon Gods own Throne over us your people, for this very purpose, to do judgement and justice to all your loyall subjects in all cases what soever, especially such as are most publike and of greatest consequence, to your peoples woe or weale) to exonerate us your poor true-hearted dutifull Subjects, from these your Royall illegall Writs and heavy Taxations, which weneither can, nor dare any longer obey or contribute to, for the premised Reasons.

And we, as our common dutie ever obligeth us, shall persevere to pray for your Majestie, long and long to continue a most just and gracious Prince over us, to our joynt, our severall comforts, your own eternall honour, in the surviving Monuments and Annals of your Fame.

The Edict of King Knute for his Subjects ease from oppression and unjust Taxes, in Will. Malmesb. De Gestis Reg. Angl. l. 2. c. 11. pertinent to the Tax of Shipmoney; Obtestor precipio meis Consiliarijs, quibus Regni Consilia credidi, ne ullo modo, aut propter meum timorem, aut alicujus potentis personæ favorem aliquam injustitia, à modo consentiant, vel faci ant pullulare in omni Regno meo. Præcipio etiam omnibus Vicecomitibus Præpositis universis Regni mei, ficut meam volunt habere illegible aut suam illegible ut nulli homini, nec diviti, illegible pauperi, vim injustam inferant, sedomnibus tàm Nobilibus, quam ignobilibus sit fas justa lege potiundi, à qua, nec propter faborem kegium, nec propter alicujus Potentis personam, Nec propter mihi congerendam pecuniam, ullo modo deviant; quia nulla mihi necessitas est, ut iniqua exactione pecunia mihi congeretur.

A List of Ships to bee furnished by the Subjects, Anno 1636. with their Charges.

Shires | Ships | Tonnes | Men | Money
Berkshire | 1 | 400 | 160 | 4000
Bedfordshire | 1 | 400 | 120 | 3000
Bristoll | 1 | 200 | 180 | 3000
Buckingham-shire | 1 | 450 | 180 | 4500
Cambridgeshire | 1 | 350 | 140 | 3500
Cheshire | 1 | 350 | 140 | 3500
Cornwall | 1 | 650 | 260 | 9000
Cumb. and Westmer. | 1 | 100 | 40 | 2000
Derbyshire | 1 | 350 | 140 | 3500
Devon shire | 1 | 900 | 360 | 9000
Durham | 1 | 200 | 80 | 2000
Dorsetshire | 1 | 550 | 220 | 5000
Essex | 1 | 800 | 320 | 8000
Glocestershire | 1 | 550 | 220 | 5500
Hampshire | 1 | 600 | 260 | 6000
Huntingdon shire | 1 | 200 | 80 | 1000
Hertford shire | 1 | 350 | 140 | 3500
Hereford shire | 1 | 400 | 160 | 4000
Kent | 1 | 800 | 320 | 8000
Lancashire | 1 | 350 | 140 | 3500
Leistershire | 1 | 450 | 180 | 4500
Lincolnshire | 1 | 800 | 320 | 8000
London | 2 each | 800 | 320 | 1600
Middlesex | 1 | 550 | 220 | 5500
Monmouth | 1 | 150 | 60 | 1500
Norfolk | 1 | 800 | 320 | 8000
Northumberland | 1 | 500 | 200 | 5000
Northamton shire | 1 | 600 | 240 | 6000
Northwales | 1 | 400 | 160 | 5000
Nottinghamshire | 1 | 350 | 140 | 3500
Oxford. shire | 1 | 350 | 140 | 3500
Rutlandshire | 1 | illegible | 40 | 1000
Salop. | 1 | 450 | 160 | 4500
Southwales | 1 | 490 | 200 | 4900
Stafford | 1 | 200 | 80 | 2000
Suffolk | 1 | 800 | 320 | 8000
Somersetshire | 1 | 800 | 320 | 8000
Surrey | 1 | 400 | 160 | 4000
Sussex | 1 | 500 | 200 | 5000
Warwickshire | 1 | 400 | 160 | 4000
Wiltshire | 1 | 700 | 290 | 7000
Worcestershire | 1 | 400 | 160 | 4000
Yorkshire | 2 each | 600 each | 240 | 12000
Sum. tot. | 45 | 20450 | 9830 | 221500

FINIS.

THE OPENING OF The Great Seale OF ENGLAND.

Containing certain Brief Historicall and Legall Observations, touching the Originall, Antiquity, Progresse, Vse, Necessity of the Great Seal of the Kings and Kingdoms of England, in respect of Charters, Patents, Writs, Commissions, and other Precesse.

Together with the Kings, Kingdoms, Parliaments severall Interests in, and Power over the same, and over the Lord Chancellour, and the Lords and Keepers of it, both in regard of its New-making, Custody, Administration for the better Execution of Publike Justice, the Republique necessary Safety, and Utility.

Occasioned by the Over-rash Censures of such who inveigh against the Parliament, for Ordering a new Great Seale to be Engraven, to supply the wilfull absence, defects, abuses of the illegible unduely withdrawne and detained from them.

By William Prynne, Utter-Barrester of Lincolns Inne.

Esther 8. 1.

Write ye also for the Jews, as liketh you, in the Kings name, AND SEAL IT WITH THE KINGS RING: for the Writing which is written in the Rings name, AND SEALED WITH THE KINGS RING, may no man reverse.

It is this fifteenth day of September, Anno Dom. 1643. Ordered by the Committee of the House of Commons, concerning Printing, that this Treatise, intituled, The Opening of the Great Scale of England, be forthwith Printed by Michael Sparke Senior.

John White.

LONDON.

Printed for Michael Spark Senior. 1643.

To THE READER

COurteous Reader, having copiously answered, refuted all Royalilists, Malignants, Papists, clamorous Objections and Primitive Exceptions, against the Proceedings of this present Parliament, in FOUR severall Treatises, lately published, concerning The Soveraigne Power of Parliaments and Kingdoms; which have given good satisfaction to many, and silenced the Penns, the Tongues of most Anti-Parliamenteers, who have bin so ingenuous as seriously to peruse them: I yet finde a New grand Objection lately started up, and much insisted on among these Opposites, by reason of the Commons late Order for making a New Great Seal ( now almost finished ) to supply the wilfull absence, defects, abuses of the old, to the extraordinary prejudice, dammage, danger, of the Houses, Kingdom, and delay of publike Justice; which, though sufficiently answered in the generall by sundry passages and Histories scattered in the former Treatises; yet because not so particularly or fully debated, as the consequence of this extraordinary weighty Act, and the querelousnesse of the clamorous Opposites, require; I have therefore ( upon the motion of some friends ) to stop up this New-Breach and Clamour, speedily collected and published by Authority, these ensuing Historicall and Legall Observations, concerning the Originall, Antiquitie, Progresse, illegible Necessity of the Great Seal of the Kings and Kingdome of England; with reference to Sealing of Charters, Patents, Writs, Commissions, other Processe; and given thee a summary account of the Kings, Kingdoms, Parliaments, severall Interests in, and Power over the Great Seal, ( and the Lords Keepers of it too ) both in respect of its New-making, Custody, Administration, for the better execution of publike Iustice, the Republikes necessary safety and utility, clearing all contrary Objections of moment; which I here submitto thy charitable Censure and Acceptation; imploring thy Pardon and Direction, in case I have casually erred, out of Ignorance or Humane Frailty, in illegible this Untrodden dangerous narrow Path, wherein I finde no Footsteps, or onely very obscure ones, to direct my course. Farewell.

THE OPENING OF The Great Seale OF ENGLAND.

NOt to enter into any impertinent tedious Discourse of the Antiquitie or use of Seales in generall, which were very anciently used both by the Nations and Kings of the Jewes, Persians, Medes, Babilonians, and others, (as is manifest by ( a ) sundry Texts of Seripture, to omit prophane Stories;) it is a question much debated among Antiquaries, Historians, Lawyers, How ancient the use of Seales hath beene among the Kings of England, in what age, upon what occasion, by what degrees they grew to be abselutely requisite for the ratification of Charters, Patents, Writs, Commissions, and other Processes?

The first originall, Antiquitie of Seals among our Kings, is very uncertain; for it is apparent, past all contradiction, ( b ) that our ancientest Kings Charters, Patents had no Seals at all annexed to them, being ratified onely with the Signe of the Crosse, ( oft-times in golden Characters ) the subscription of our Kings names, with the names of divers Bishops, Abbots, Nobles, Clerks, and others, under them, as Witnesses; who all made the signe of the Crosse, before or after their subscriptions; as is most evident by sundry ancient Charters of our English Saxon Kings, yet extant in old Leger Books of Abbeys, in Sir Robert Cottons Library, and by the printed Copies, of them in the Histories of Ingulphus, Malmesbury, Hoveden, Matthew Paris, Matth. Westminster, Holinshed, Mr. Fox, M r Cambdens Britannia, M. Seldens Titles of Honour, History of Tythes, Notes to Eadmerus, Sir Henry Spelmans Councils and Glossary; Sir Edward Cooks Preface to his 4 and 6 Reports, his Institutions on Littleton, and Magna Charta, Joannis Pitseus, Relatio. Histor. de rebus Angl. Cl. Reynerus Apostolatus Benedictinorum in Anglia; M. Lambard his Perambulation of Kent and Archaion, Bishop Ushers Britannicarum Ecclesiarum Antiquitates, with others; which Charters, though without a Seale, have ( c ) ever been reputed as valid, firme in point of Law from time to time, and so admitted by our Judges, Kings, Parliaments, as any punier Charters sealed with our Kings Great Seals. To give you some few instances of the ancientest Charters of our Kings before the Conquest, which I finde not sealed, but thus subscribed. King ( d ) Æthelbert, Anno 605. made two Charters, the first to the Church of Saint Pancras, the other to the Monastery of Peter and Paul to be erected at Canterbury; which are thus confirmed with the Signe of the Crosse, not sealed;

maltese : Ego Æthelredus Rex Anglorum, hanc donationem meam Signo Sanctæ Crucis propria illegible confirmavi.

After which follow divers other witnesses, who confirm it with the same signe. There is extant a Bull of Augustine, the first Bishop of Canterbury, of an exemption granted by him to this Monastery, with a Leaden Seale annexed to it, the forme whereof you may view in ( e ) Sir Henry Spelman, who suspects both these Charters, with Augustines Bull and Seale, (the sealing of Buls being not so ancient, and Leaden Buls being first brought in by Pope Adrian, about the year of our Lord, 774. as Polydor and others observe) to be meer Counterfeits, upon good grounds. There is another Charter of the same King, of Lands given to the same Monastery, dated, An. 610. subscribed as the former. The next ancient Charter I finde, is, that of ( f ) Withred King of Kent, dated, An. Dom. 695. who the same year confirmed the great Councell of illegible with the signe of the Crosse, such subscriptions as are aforesaid. To these I shall adde the (suspected) Charter of ( g ) King Kenred and Offa. Anno 709. with the Charters of Egwin Bishop of illegible , Anno 709. The Charter of ( h ) King Eth. lbald, An, 718. made to Saint Guthlac, and the Abbey of Croyland, with his Generall Charter of Priviledges granted to all Churches and Monasteries, dated, Anno 749. The Charter of ( i ) King Ina granted to the Abbey of Glastenbury, (supposed to be spurious) Anno 725. Of ( k ) King Offa to the Abbey of Croyland, Anno 793. The ( l ) Decree of illegible Archbishop of Canterbury, and the Councell of Clovesho. An. 803. The Charter of ( m ) King Kenulphus to the Abbey of Croyland, Anno 806. The ( n ) Decrees of the Synod of Clovesho, under King Beornwulfe, Anno 824. and of the Council of London under King Egbert, Anno 833. The Charter of ( o ) Witlasius King of Mercia, to the Abbey of Croyland, Anno 833. The Charter of King Bertulphus to the same Abbey, An. 851. with the ( p ) illegible of the Councell of Kingesbury, confirmed and subscribed by this King, and others the same year, with the signe of the Crosse. The Charters of ( q ) Æ th lwulphus to the Abbey of Croyland, Anno 855. and to all Churches and Monasterics, which he offered up to God upon the Altar of Saint Peter illegible Winchester, where the illegible received it, and sent it to ali Churches to be illegible . The Charter of ( r ) illegible King of Mercia, to the Abbey of Croyland. Anno 860. of * Queen Æthelswith to Cuthwulfe, An. 868. of king ( s ) Edmund to the Abbey of Glastenbury, An. 944. of ( t ) king Edred to the Abbey of Croyland, An. 948. the charters of ( u ) king Edgar to the Abbey of Croyland, An. 966. 970. 974. to the ( x ) Abbey of Glastenbury, An. 965. 971. and to the Abbey of Malmesbury, An. 974. his charter of Oswelds Lawes, An. 964. his charter to his new Monastery of Winchester, An. 966. and another charter, An. 964. the charter of ( y ) King Æthelred, An. 995. to Ulfric. with ( z ) his charter of priviledges granted to the Church of Canterbury, An. 1006. the ( a ) charter of king Knute, or Carutus, to the Church of our Saviour at Canterbury, An. 1018. and to the Abbey ( b ) of Croyland, An. 1032. of Thorold to the Abbey of Croyland, An. 1051. and of King Edward the Confessor to the same Abbey about the yeare 1050. All these ancient Charters of our Kings before the Conquest had no seales at all annexed to them, but were only ratified with the signe of the Crosse subscribed by the Kings themselves, and these who made them, together with their names, and with the names and crosses of the witnesses. And it is observable, that all or most of these ancient charters of our kings, which granted any lands or priviledges to Abbeys or Churches, were made in full Councels and Parliaments, with the unanimous consent and approbation of the Bishops, Prelates, Abbots, Dukes, Earls, Lords, and great men therein present, who commonly subscribed them; the reason was, because none of our ancient kings (as I have proved) had any power to grant or alien the lands of the Crown (which they enjoyed only in the kingdoms right, and for its use) to any, without the consent of their Nobles, and people in illegible Parliament: and in most of these Charters, Abbeys and Church-lands were exempted from all taxes, tallages, and temporall services whatsoever, except the repairing of high wayes, bridges, and castles, for the common good: and ( c ) thereby were anciently exempted from Danegeld, as I have elsewhere manifested.

Which of our kings first used a seale, is not certainly determined: Sir Edward Cook in his Institutes on Littleton, fol. 7. a. records, that the charter of King Offa, whereby he granted Peter-pence, doth yet remaine under his seale; Now this charter, as ( d ) Sir Henry Spelman, and our ( e ) Historians generally in his life, accord, was dated in the yeare of our Lord 793. or 794. and is the first charter sealed (if true) by any of our kings. There is another ( f ) Charter of King Edwin, of certaine land called Iecklea in the Isile of Ely, bearing date Anno 956. sealed with his owne seale, and with the seale of Elswin Bishop of Winchester. I read in Francis Thinne his Catalogue of Chancellours, and in Sir Henry Spelman his Glossary. fol. 126. 132, that our Saxon kings Æthelstan, Edmund, Edred, Edgar, and Æthelred, had their severall Chancellors; but whether they had any seales or not, is uncertaine: if they had any, it is certaine (writes ( g ) Sir Henry Spelman ) that they searce used them at all, or very rarely, most of their charters having no seales at all, but only crosses, or subscriptions of these Kings names, and witnesses. The very ( h ) first of all our Kings who used a large broad seale, was Edward the confessor, who, being brought up in Normandy, introduced that, with some other of the Normans Guises with him, and had three Chancellors: Under this ( i ) seal he granted a Charter of sundry liberties and priviledges to the Church of Saint Peters in Westminster, Anno Dom. 1066. which was sealed by his Chancellor Reynbaldus, as is evident by this his subscription to that deed; Ego Reynbaldus Regis CANCELLARIVS relegi SIGILLAVI. This is the first Charter, for ought appears, that ever was sealed with a Royall broad Seale, or by a Chancellor. But that all this good Kings charters, or any of his writs, or commissions were thus sealed by this great seale, or that the Chancellor then had the custody of the seale (which the Chancellors in the reigne of Charles the great, and Ludovious Pius, had not in France, as Sir Henry Spelman proves in his Glossary, p. 127. out of Capit. l. 2. c. 24. and Egolismensis in vita Caroli, p. 15. and the passage of Ingulphus concerning the office of the Chancellor in his time, cited in Spelman, seemes to disprove) is a non liquet unto me. The exact forme of this Kings great seale you may behold in * Iohn Speed, together with the various effigies of all our succeding Kings broad seales, prefixed by him before their severall lives.

Two things there are, which in this enquiry after the originall use of our Kings great seales, seeme somewhat dubious unto me. First, when, how, and by what law or meanes it came to passe, that our Kings Charters and Patents ought of necessity to be sealed with the great seale, contrary to the primitive usage in former ages, or else to be reputed invalid, and illegible nullities in law? Secondly, when, and by what law or grounds, and in what Kings reigne, Writs, Commissions, and other Processe of law, began to be issued out under the great seale, or else to be disallowed as illegall? it being evident unto me, that Charters, and Patents were usually sealed by some of our Kings, before any of their writs, commissions, or legall processe issued under their seales.

These two doubts, I confesse, are beyond my skill exactly to assoile; yet this I conjecture as most consonant to truth; That ( k ) Edward the Confessor being trained up in Normandy, and addicted to the customes of the French, which he introduced with him, did first of all bring in the sealing of deeds; which I gather from the words of ( l ) Ingulphus Abbot of Croyland, who flourished in his reign, and writes thus of him: Cœpit ergo tota terra sub Rege, sub aliis Normannis introductis, Anglicos ritus illegible Francorum mores in multis imitare: illegible idioma omnes Magnates in suis Curiis tanquam magnum Gentilitium loqui; CHART AS ET CHIROGRAPHA illegible MORE FRANCORVM CONFICERE, propriam consuetudinem IN HIS, in aliis crubescere. Now the French Kings long before his dayes, used to seale their charters with golden Bulls, as ( m ) Franciscus Rosierius, and Sir ( n ) Henry Spelman testifie; there being divers charters of King Dagobert, Sigebert, and Pipin yet extant under golden Bulls, as they record: and Charles the Great, descended of Pipin, was the first Emperour of the Romans which sealed charters with a golden Bull, as ( o ) Polydor Virgil attests, ( p ) Flodoardus also recording, that Charles the Bald An. Dom. 867. sealed with a Bull of his name, Bullasui illegible figillavit. In imitation of whom ( q ) Edward the Confessor, as it is probable, caused a great Seale to be made (which none of his Predecessors used) and therewith sealed two of his three Charters of priviledges and Donations granted to the Abbey of Westminster ( to which he was a speciall benefactor ) the copies of which you may read in ( r ) Sir Henry Spelman: witnesse this close of his second charter; Chartamistam conscribi, ET SIGILLARI IUSSI, ipsam mann mea signo sanctæ CRUCIS impressi, idoneos testes annotari præcept ad corroborandam: After which his owne subscription with the signe of the crosse followes, and the subscriptions and crosses of sundry Bishops and Abbots: after them, Ego Raynbaldus CANCELLARIUS maltese then follow the subscriptions of Dukes, and other the Kings Officers, with this conclusion, Acta apud Westmonaster, quinto kal. Ianuarti, die sanctorum Innecentium, Anno Dominicæ Incarnationis 1066. Indictione tertia. Anno Regni serenissimi Edwardi Regis 25. illegible Notarius ad vicem Reynbaldi Regiæ dignitatis Cancellarii, hoc Chartam sortpsi subscripsi, in Dei illegible sœliciter, Amen. With this close of his third Charter dated the same year and day; Ut crgo hæc auctoritas nostris futuris temporibus, circaipsum illegible locum perenniter firma inviolata permaneat, per omnia tempora illesa custodiatur at que conservetur, ab omnibus Optimatibus nostris, Iudicibus publicis privatis, melius ac certius illegible Manus nostræ subscriptione subter eam decennius roborare, illegible testes annotare, AT QUE SIGILLO NOSTRO IUSSIMUS SIGILLARI. maltese .

Ego Edwardus Deigratia Anglorum Rev, illegible privilegium jussi componere, compositum, cum signo Dominicæ CRUCIS confirmando impressi. maltese : then follow the subscriptions of divers Bishops and Abbots with crosses: next to them, Ego Reynbaldus Regis CANCELLARIUS relegi ET SIGILLAVI. maltese : next ensue the subscriptions of some Dukes, Officers, and Knights, with crosses: next the date of the place, day, yeare of Christ, and the Kings reigne; with Ego Alfgeatus Notarius, ad vicem Reynbaldi Regiæ dignitatis Cancellarius, hoc privilegium scripsi subscripsi, In Doinomine illegible Amon.

From which Charters and Subscriptions we may observe,

First, That this King Edward, though he added his great Seal to his Charters, yet he retained the ancient forme of confirming them with the signe of the crosse, and the subscription of his owne name, and the names of witnesses; which continued long after, till Edward the first his reigne, if not longer, though since discontinued.

Secondly, That the Chancellor in his dayes, though he subscribed his name after Prelates and Bishops, yet hee did it before Dukes, Earles, and all other temporall Lords; therefore hee was then, no doubt, the chiefest temporall Officer, and hath so continued ever since. What the dignity and office of the Chancellor was in this Kings reigne and before, appeares by Ingulphus his history of Turketulus ( ( s ) Chancellor both to King Æthelstan, Edmund, and Edred successively, and the second Chancellor we read of in our Realme) who was then PRIMVM, PRÆCIPVVM ET A SECRETIS FAMILIARISSIMVM. This ( t ) Turketulus (writes he) descended of the blood royall, being Nephew to King Edward the elder, who for his merits would have matched him to divers rich Noblemens daughters, but he refused them, leading a single life: After which he would have promoted him to a Bishoprick for his learning and holinesse proffering him first the Bishoprick of Winchester, and afterwards the Archbishoprick of Canterbury very often, and to preferre him before all his other Clerks; but he rejected those dignities with various excuses, and utterly abhorred them all his life, tanquam tendiculas Sathanæ ad subvertendas animas, As the snares of Satan to subuert seules: Such were Lordly Bishopricks esteemed, even in that blinde age: which may be further ratified by this monkish story, related out of the illegible illegible the Disciple, and Arnoldus in ( u ) the Flower of the Commandements of God; That a Monk of Clervaulx was chosen to be Bishop, the which refused it, against the illegible of his Abbot and of the Bishop, and soone after died: Who appearing after his death to his familiar, he demanded of him, if the disobey sance before said had noyed him? he answered, that nay, and afterward said, If I had taken the Bishoprick, I had beene illegible and said moreover an horrible word, The state of the Church is come unto this, that she is not digne to be governed But of ill Bishops, c. But to returne to our story. Turketulus refusing the glory of this terrene dignity and transitory honour of a Bishoprick; the King at last made him his Chancellour: ut quæcunque negotia temporalia vel spiritualia Regis judicium expectabant, illius consilio decreto ( tam sanctæ sidei, tam profundi ingenii tenebatur ) omnia tract arentur, tract at a irresragabilem sententiam sortirentur. Consilio ergo illius, multa bona opera c. effecit: After which he addes, he was a man of greatest power and authority with these three Kings, both for his incomparable wisdome and valour, he had sixty Mannors of his own ( six whereof he gave to God and the Abbey of Croyland where he became Abbot, and there sidue to the King ) and vast treasures of jewels and money, yet in all this greatnesse his Title of Chancellour was his highest dignity, as Ingulphus manifests: Therefore it was then, no doubt, the most eminent office.

Thirdly, that in those times ( x ) it was one chiefe part of the Chancellors office, by himselfe or his Notaries and substitutes, to dictate and write all the Kings Charters, Patents, Writs, and to subscribe them as a witnesse: whence Turketulus when he was Chancellor, writ or dictated most of the Kings charters made to the Abbey of Croyland: Rex Edredus dedit Monasterium Croyland per Chartam suam, dictatam ab eodem Turketulo, writes Ingulphus, p. 874.

Fourthly, That the Chancellor in his reigne, sealed the Kings charters with his seale; yet ( y ) whether he only did it, or had the sole custody of the seale, is uncertaine.

But though King Edward the Confessor ( z ) first brought in the great seale; yet the custome of sealing charters, patents therewith, with other mens sealing Deeds, grew not common, universall, or necessary, ( a ) till the latter end of the Conquerours reign; at ( b ) Ingulphus in these direct tearms avers, from his own experimentall knowledge: Et non tantum hunc morem (of making Knights) sed alias etiam consuetudines (William the Conquerour and his Normans, of whom he writes) immutabant; nam chirographorum confectionem Anglicanam, quæ antea Usque ad Edwardi Regis tempora, fidelium præsentium subscriptionibus cum Crucibus Aurets, aliisque sacris signaculis firma fuerunt, Normanni condemnantes, chirographa chartas vocabant; Et chartarum firmitatem cum cerea impressione per illegible speciale sigillum, sub instillatione trium vel quatuor testium astantium (whereas ancient charters had twenty or more witnesses) conficere constituebant. Conferebantur etiam primo multa prædia nudo verbo, absque scripto, vel charta, tantum cum Domini gladio, vei galea, vel cornu, vel cratera; plurima tenementæ cum calcari, cum striguli, cum arcu, nonulla cum sagitta. Sed hæc initio Regni sui; posterioribus annis immutatus est iste modus. Tantum tunc Anglicanos abominanti sunt, c. So that by this Historians expresse testimony (a man of great eminency in that age, being Abbot of Croyland, and much frequenting the Court, yea taking more paines to search out and preserve ancient Charters then any in that age) William the Conquerour and his Normans ( who ( c ) endeavoured to reduce the English to the customes lawes, and ceremonies of Normandy, especially in all matters of government, law, and justice, his charters being of farre other tenour, forme, and brevity, then those before or since inu ( e ) were the first who introduced, by insensible degrees, the French custome of sealing charters and deeds with seales; and this King, with his Officers (as all our Historians complaine) being extraordinary covetous and oppressive, using sundry new devises to fill their owne purses, by exhausting the peoples; it is very likely (as Ingulphus words import, and ( d ) others insinuate) that he and his Chancellors (of which I finde ( e ) nine in his reigne ) to make a benefit and project of his great seale, did in his latter dayes ordaine, that all charters, patents should be thenceforth sealed with his royall seale, or else be reputed invalid in law. Three charters of his I find recorded in our writers: The first, made to the Abbey of Croyland at the sute of ( f ) Ingulphus who registers it, subscribed by some witnesses, without mention of any seale of his thereto annexed. The second, to the Abbey of Battle, sealed with his great seale, and subscribed by soure or five Bishops, which Patent Seale to you may view in ( g ) Mr. Seldens Notes on Eadmerus. The third, to the City of London, granted at the sute of William their Bishop, written in the Saxon tongue, confirmed with greene wax, whereas the Saxons before used only to signe with gilt crosses; the copy whereof you may read in Lamberts perambulation of Kent, Holinshed, and ( h ) Speed. As for that charter of his, recorded by Iohn Stow, and Speed in his life, out of the Book of Richmond:

I William King, the third yeare of my reigne,

Give to thee Norman Hunter, to me that are both leefe and deare,

The Hop and the * Hopton, and all the bounds up and downe,

Vnder the earth to Hell, above the earth to Heaven,

From me and mine, to thee and to thine,

As good and as faire, as ever they mine were:

To witnesse that this is sooth, I bite the white wax with my tooth,

Before iugge, Maud, and Margery, and my youngest sonne Henry,

For a Bow and a broad Arrow, when I come to hunt upon Yarrow.

I deeme it either a forgery, or a charter granted only in merriment; which Rast all in his Tearmes of the law, f. 80. attributes rather to King Edward the third, then to the Conquerour; concluding, that sealing was not commonly used till the reigne of Edward the third: which if true perchance of deeds betweene private persons, yet not of Royall charters. King William Rusus, Henry the first, Stephen, and Henry the second, had all their severall great seales (the portraytures whereof you may behold in Iohn Speeds History before every of their lives) and their severall Chancellors too, whose names you may read it ( i ) Francis Thinns Catalogue, and ( k ) Spelman; which Chancellors, as is most likely, kept their seales, sealing both Patents and charters with them.

I read, that ( l ) King Henry the first, in the first yeare of his reigne, granted a Charter of Liberties to his Subjects ( according to his promise and Oath, before and at his Coronation ) much like to Magna Charta, subscribed with Witnesses: ET SIGTLLI SVI TESTIMONIO ROBORATVM, as Eadmerus, and others write: To this Charter he set both his hand AND SEALE, commanding as many copies as there were Counties in England to be transcribed, and kept in the Monasteries of every Province: he was made a King by right of Election, not of Succession, his brother Robert being right heire. In this Kings reigne, I finde one Writ to Anselme Archbishop of Canterbury (who used ( m ) a seale wherewith he sealed his letters written to this King ) with ( n ) Teste Walricho CANCELLARIO apud Merlebergam. And another * Writ directed to him to illegible the corsecration of Thomas Archbishop of Yorke till Easter, SIGILLO REGIS INCLVS AS; the first Writ I, to my remembrance, finde sealed with any Kings Seale, though Patents were commonly sealed before this time. ( o ) King Stephen, comming to the Crowne by the Nobles Election, not by right of inheritance, as next heire, vowed to consirme their Liberties by his Charter and SEALE; which hee did at Oxford in the first yeare of his Reigne: this Charter you may read in the Marginall Authors, being like to illegible Charta in substance. That King Henry the second used to seale his Charters and Patents, I finde apparent testimonies in our Historians. For his Oath of illegible which he made concerning the death of Thomas Becket (registred at large by ( p ) Roger de Hovedon ) was put into writing in forme of a Charter, and then sealed with his Seale, and the Seales of the Cardinals, as this Authour attests. Et ut hæc in memoria Romanæ Ecclesiæ haberentur, Rex Pater PECIT APPONI SIGILLUM SUUM SCRIPTO ILLI, in quo superdicta capitula continel artur, und CUM SIGILLIS prædictorum Cardinalium ( Theodine and illegible illegible ut in illegible Romanæ Ecclesiæ firmiter habeatur, SIGILLVM VESTRVM PRÆCIPISTIS APPONI. ( q ) Anno Dom. 1177. Sancho King of Navarre, and Alphonso King of Castile being at variance, about breaches of Articles in a former truce, referred their differences to the determination of King Henry the second: who calling his Nobles and Parliament together, made these kings Embassadors to put their differences in writing, and then to sweare to stand to his, and his Councels arbiterment: which done, he made a Charter of his award, subscribed with the names of many Bishops, Nobles, Clerks, Laymen, as you may tead at large in Hoveden, which Charter questionlesse was sealed with his seal, though it be not expressed. ( r ) The same year, on the 7 day of October K. Lewis of France, and king Hen. 2. made a finall concord and league for mutuall offence and defence, which was put into writing, sworn to, subscribed by many witnesses of note and SEALED; witnesse the words of Hoveden (who records it at large.) Et ut hos statutũ firmiter teneatur, ratum permaneat, scripto commendari, ET SIGILLI SVI AVCTORITATE CONFIRMARI FECIT. And the same yeare Audebert Earl of March selling his Earldom to King Henry, made a Charter thereof, registerd in ( s ) Hoveden, which concludes thus: Ne autom hæc mea venditio solemniter celebrata aliqua posset in posterum malignitate divelli, EAM SIGILLO MEO MVNIVI: after which many Bishops, and other witnesses subscribed it. In this K ings reigne it is apparent, that the great Seale remained in the custody of the Chancelor; for I read ( t ) that this king making his Chancelor Thomas Booket, Archbishop of Canterbury, he thereupon, An. Dom. 1162. (contrary to the kings good liking and expectation, who was then in Normandy ) sent messengers over with the Seal, illegible ET SIGILLUM RESIGNANS, renouncing the Chancellorship, and resigning up the Seal unto him; Because he could not attend the Court and Church at once: so as the Chancellor then kept the seale of England with him here, when the King was absent in Normandy, for the better execution of publike justice. This will yet more plainly appeare by the ensuing passage of ( u ) Hoveden, and Writ of King Richard the first; Richardus Dei Gratia Rex Angliæ, c. illegible de Sanctæ Mariæ Ecclesia, illegible illegible salutem, sciatis quod illegible quod in morte Pairis illegible sine præcepto suo, illegible illegible literas DE SIGILLO SVO Gautridus de Muscamp de habendo Archidiaconatu de Cliveland, Willielmus de Stigandebi, Magister Erardus de præbendis habendis in Ecclesia Eboracensi, quæ tum vacabat, erat in manu nosira: Et ideo illegible quod præfatos ab Archidiaconatu Præbendis dictis sine mora dissaisietis, repetentes ab eis quicquid ex inde percepertent, postquam illos redditus ita fraudulenter per surreptionem sunt adepti. Teste illegible tertio die Kovembris apud Mamerz. Proh pudor!

Turpe est doctori cum culpa redarguit ipsum.

Idem enim * Archiepiscopus dum adhuc esset CANCELLARIUS REGIS Patris sui, SIGILLVM ILLVD IN CVSTODIA HABVIT, per quod præfatus Archidiaconatus, præbendæ illæ datæ fuenant prænominatis personis.

By which passage and writ it is apparent: First, That the Chancellour in Henry the seconds Reigne, had the custody of the great Seale. Secondly, That presentations to Churches, Archdeaconries, and Prebendaries, were then granted under the Great Seale. Thirdly, That Chancellours did sometimes fraudulently grant and seale Patents without the Kings privity; and that these Patents, when discovered, were reputed fraudulent and voyd. Fourthly, That writs at Common Law were usuall in Henry the second his Reigne; which appeares most plentifully and illegible by Ranulphus de Glanvilla, chiefe Iusticiar under this King, his, Tractatus de Legibus consuetudinibus Regni Anglis, tempore Regis Henrici secundi compositus: wherein most Originall Writs of the Common Law, and the Proceedings upon them, yet in use, are collected and registerd for the benefit of posterity. In this Kings time, I conceive, our Writs of Law were reduced by this Ralph Glanvill and his fellow Iustices, into a set forme, and began to issue forth under the Kings Seale, to avoyd forgery; but whether under the Great Seale, or speciall Seale of every Court (as Sir Edward Cooke in his Institutes on Magna Charta, pag. 554, 555, 556. conjectures) I cannot certainly define. In his Reigne I first finde, that the connterfciting of the Kings Charter was reputed Treason; as Glanvill expresly declares it, lib. 1. cap. 2. lib. 14. cap. 7. Illud tamen notandum, quod si quis convictus fuerit de Charta falsa, distinguendum est, illegible fuerit CHARTA REGIS, an privata. Quod si CHARTA REGIA, tunc is qui super hoc convincitur, condemnandus est, TANQVAM DE CRIMINE LESÆ MAIESTATIS. Si vero fuerit charta privata, tunc cam convicto mitius agendum est. Now that which he tearmes counterfeiting the Kings Charter, ( y ) Bracton, ( z ) Britton, aud the Statute of 25. E. 3. of Treasons, stile, counterfeiting the Great Seale, or Privy Seale of the King: and therefore this of Glanvill relates principally to the counterseting of the Kings Scale annexed to his Charter. I finde in ( a ) Roger Hoveden, a Charter of William, King of Sicily, which hee made to Ioan daughter of King Henry, touching her Dower, dated Anno Domini 1177. Mense Februarii Indicti: decima, subscribed with the names of divers witnesses, Subjects to King William, and among others. Ego Mattheus, Domini Regis VICE-CANCELLARIUS: Which Charter concludes thus: Ad hujus autem donationis concessionis nostræ memoriam, inviolabile firmamentum; privilegium præsens per manus Alexandri, notarij nostri scribi, ET BULLA AUREA NOSTRO TYPARIO IMPRESSA, ROBORATUM NOSTRO SIGILLO, jussimus decorari. In quo familiares nostri, aliæ personæ illegible nostro se scripserunt hoc modo; the Forme of which Kings great Seale you may behold ingraven in Hoveden, p. 553.

In fine, this Henry the second, being ( b ) chosen King of Hierusalem ( which Kingdome was wholly elective ) and earnestly illegible by Heraclius Patriarch of that City, the Christians there, and by Pope Lucius his Letters, to accept that Honour; An. 1185. ( c ) He thereupon summoned a Parliament at London on the 10. of April; wherein hee charged all his Subjects with many adjurations, to advise and resolve him, what was best to be done in this case for the salvation of his soule; and that hee was resolved by all meanes, to follow their advice herein; Whereupon the Parliament conferring on the premises, resolved; that it was much more wholesome for the Kings soule, that he should govern his owne Kingdome with due moderation, and defend it from the eruptions of the Barbarous French, then to provide for the safety of those in the East in proper person. Which I onely note in the by (having omitted it in its due place:) First, to manifest what high esteem out Kings have had of the resolutions and advise of their Parliaments, to which they wholly submitted their owne judgements, acquiescing in their resolves. Secondly, to evidence the Soveveraigne power of Parliaments over our Kings then, who might not desert the Realme, not take any new honour or dominion upon them, without their previous consents and advice: Thirdly, to shew the dutie of Kings to their Subjects and Kingdomes.

King Richard the first succeeding his Father Henry the second, rather by Election, then Succession, ( and ( d ) not stiled a King, by our ancient Writers, before his Coronation ) was the first of all our Kings (as Our ( e ) Writers accord) who sealed with a Seale of Armes, all our former Kings seales, being but the Picture of the King sitting in a Throne, on the one side of the seale, and on horse-backe on the other side in divers Formes, with various inscriptions of their Names and stiles; which you may view in Speed; But this King bare two Lions Rampant combatant in a shield, in his first, and three Lions passant in his latter Seale; borne ever after by our Kings, as the Royall Armes of England. His first ( f ) Chancellour, was William Longchamp Bishop of Ely, Legate to the Pope, whom hee made His Vice-Roy and Iusticiar of England, when hee went to the Holy Land against the Saracens, committing the Kingdome to his Government, chiesely; who infinitely oppressed and tyrannized over it, as all our Historians evidence: ( g ) Matthew Paris gives this Character of him. Erat idem CANCELI ARIVS MAXIMVS inter omnes occidentales, REX ET illegible in Anglia, qui omnia pro nihilo ducebat, cum Episcopali tantum dignitate illegible contentus nimis alta se sperare denotavit. In prima namque Literarum illegible fronte, vanitatem elationem expressit, cum dixit. Willielmus DEI GRATIA commonly used before, in, and since that age by and to Bishops, Popes, Abbots, in publique Writs, as well as Kings, as the ( h ) Marginall Authors manifest) Eliensis Episcopus, DOMINI REGIS CANCELLARIUS, totius Angliæ Iustitiarius, Apostolicæ sedis Legatus, c. Has autem dignitates, quos pretio obtinuerat, immoderato excessu exercuit, volens locellos, quas in earum impetratione evacuerat, reficere, c. This Chancellour (as is probable) had the custody of one part of the Seale in this Kings absence, for the better administration of justice, though the King carried the other part of the great Seale with him into the warres, pretended to be there lost, as you shall presently heare. I finde divers of this Kings Charters, Letters, Writs, before and after his voyage to the Holy-land, recited in ( i ) Hoveden. These Charters, which questionlesse were sealed with his Seale, were subscribed by sundry witnesses; the Writs and Charters concluding with a Teste meipso apud Chinonem, c. The Charter of the Manor of Sadburgh to Hugh Bishop of Durham, is thus dated. Datum anno primoregni nostri 18 die Septembris apud Eating at, per manum Willielmi de longo campo, CANCELLARII NOSTRI. During this King Richards imprisonment in Germany, Henry the Emperour sent Letters to the Nobles of England for this King, by William Longchamp his Chauncellour, AUREA BULLA IMBULLATAS in hac forma, sealed with a golden Bull in this forme. And soone after, this (k) Chancellor, William Briwere, and others, concluding a peace betweene this King and Phillip King of France, authorized thereto by the Kings Letters Patents; these Commissioners not onely sware to, but sealed the Articles of this truce, as this close of it manifests. Quæ omnia prædicta, ut rata permaneant inconcussa, ego Willielmus de Rupibus, ego Joannes de Pratellis, ego Willielmus Briwere, per præceptum Regis Angliæ Domini nostri, SIGILLORUM NOSTRORUM ATTESTATIONE ROBORAVIMUS. Actum Meduneæ Anno ab incarnatione Domini 1193. octavo Idus Julii. And the very next yeere the (l) Letters and instrument of the truce made between these two Kings by Drogo and Anselme, and sworne by them in the French Kings behalfe, have this conclusion. Et nos ut omnia prædicta firma sint, stabilita, universa prædicta SIGILLIS NOSTRIS ROBORAVIMUS. Actum inter Vernelium Thilers, Anno incarnati verbi 1194. 23 die Iulii.

King Richard being released this very yeere (which was the sixt of his raigne) out of prison, and new crowned, among other oppressive projects to raise moneys to maintaine his illegible (which made him an extraordinary oppressour of his people) (m) caused a NEW BROADE SEALE TO BE MADE; (the portrayture wherof you may view in Speed ) pretending that the old was lost, when Roger his VICE-CHANCELLOR was drowned before Cyprus, and that his CHANCELLOR during his imprisonment, had abused THIS SEALE, whereupon he tooke it from him: requiring and cõmanding, that all persons as well Clergy men as Lay men, who had Charters or confirmations UNDER HIS OLD SEALE, should bring them in to be renued UNDER HIS NEW SEALE; and unlesse they did so, that nothing which had beene passed BY HIS OLD SEALE, should be ratified, or held good in Law. By which device he drew a great messe of Money to his Treasury; subscribing his new-Sealed Charters thus: This was the tenor of our Charter under our first Seale, which because it was lost, and at the time of our being illegible in Almayne in the power of another, WE CAUSED TO BE CHANGED, c. illegible ( n ) Hoveden thus relates, Et imputans Cancellario suo, hoc per ipsum illegible factum, ABSTULIT AB EO SIGILLUM SUUM fecit sibi NOVUM SIGILLUM FIERI; tum quia CANCELLARIUS ille operatus fuerat inde minus diserete, quam esset necesse, tum quia SIGILLUM ILLUD perditum erat, quando Rogerus malus catulus, VICE-CANCELLARIUS SUUS submersus erat in mari ante insulam de Cypro: præcepit Rex: quod OMNES, tam clerici quam laici, qui Chartas habebant, venirent AD NOVUM SIGILLUM SUUM ad Chartas suas renovandas: nisi fecerint; NIHIL quod actum fuerat PER SIGILLUM SUUM VETUS, RATUM HABERETUR. Præterea Rex statuit, illegible furi in Anglia, Charta sua confirmavit, c. (making them also a money matter.)

By which passages it is apparent: First, that all these Kings Patents, Charters, were sealed with his great Seale. Secondly, that the abuse, losse or absence of the great Seale, is a sufficient cause to make a new one. Thirdly, that the profit made by the great Seale, and project of raising moneys by new Charters sealed with it, was the true originall cause all sealing of Charters and VVrits with this Seale, and making it simply necessary in Law; there being no publique resolution or declaration declaring Charters or Writs not sealed with the great Seale, to be voyd in Law, (for ought I finde) before this project; unlesse that forementioned, touching the Conqueror, passe for a Law, and judgement in this particular. Fourthly, that the Chancellour in this Kings raigne had the custody of the Great Seale; the indiscreet use and abuse whereof, was good ground in Law to deprive him of its custody.

What the Office and dignity of the Chancellour really was in that age, appeares by this description of it, written in or neere that time. ( o ) Cancellarii dignitas est, ut SECUNDUS A REGE in Regno habeatur; ut ALTERA PARTE SIGILLI REGII (QUOD ET AD EIUS PERTINET CUSTODIAM) PROPRIA SIGNET MANDATA. Vt capella Regia in illius sit dispositione cura. Ut vacantes Archiepiscopatus, Episcopatus, Abbatias Baronias cadentes in manum Regis ipse suscipiat conservet. Ut omnibus Regiis assit consiliis, etiam non voeatus accedat. Vt omnia SIGILLIFERI CLERICI REGII sua manu fignentur, Item, ut ( suffragantibus ex Dei gratia vitæ meritis ) non moriatur nisi Archiepiscopus, vel Episcopus si voluerit. And by the blacke Booke of the Exchequer attributed to Gervasius Tilburiensis, par. 1. c. 5. Cancellarius sicut in Curia, sic ad Scaccarium MAGNUS est: adeo ut sine ejus consensu vel consilio, nihil magnum fiat, vel fieri debeat. Verùm hos habet officium dum residet ad Scaccarium. ADIPSUM PERTINET CUSTODIA SIGILLI REGII, quod est in Thesauro; sed inde non recedit nisi cum præcepto * Justiciæ; ab inferiori ad superius Scaccarium, à Thesaurario vel Camerario defertur, ad explenda solum negotia scaccarii. Quibus peractis in loculum mittitur; loculus à Cancellario consignatur, sic Thesaurario traditur custodiendus, c. The custody therefore of the great Seale was then reputed an unseparable part of the Chancellors Office and honour.

( r ) King Iohn succeeding his brother Richard by the Nobles and peoples election, rather then by discent, as ( p ) Matthew Paris, with others observe; had both a great Seale and ( q ) Chancellors who kept it, with which he sealed divers Charters. Among others one Letters Patents SIGILLO NOSRO MUNITAS to the Archbishop of Canterbury, Monkes, and other Prelates persecuted by him, restoring them to their liberties and possessions, which was dated the 13. day of May in the 14. yeere of his reigne. Another dated illegible 15. of the same moneth at the house of the Templars neere Dover ( Chartam SIGILLO NOSTRO MUNITAM) of his most detestable resignation of the Kingdoms and Crowne of England to the Pope, delivered to Pandulph the Popes Legate (to whom he did homage for England and Ireland after this surrender) which Charter first sealed with Wax, and after delivered to Pandulph, was the same yeere, afterwards, in the Cathedrall Church of Saint Paul, before the high Altar, in the presence of the Clergie and people, AURO BULLATA EST, sealed with gold, and delivered to Nicholas Bishop of Tusculan, the Popes Legate, to the use of the Pope and Church of Rome, to whom he then did homage, to his eternall infamy; which so much discontented his Nobles, Prelates and people, that they tooke up Armes against him, and inforced him in an Assembly and Treaty at Running-mead, to grant them the great Charter of their Liberties, and Charter of the Forest, ratified with his SEALE, Oath, Witnesses, Subscriptions, the Bishops Excommunications, and Popes Bull; and then sent his Letters Patents to all the Counties of England, commanding the Sheriffs to sweare all the men within their Bailywicks, to observe the said Lawes and Liberties, thus granted and ratified, in the 17. yeere of his reigne. In briefe, the Charter of the truce betweene King Iohn and King Philip of France, registred in ( s ) Hoveden was sealed with his Seale, concluding thus, Quæ ut perpetuum robur obtineant, præsentem Chartam authoritate SIGILLI NOSTRI illegible Anno 1200. mense Maii.

In this Kings raigne the Chancellors place (through the benefit of the Seale) became so gainefull, ( t ) that Walter de Gray (afterward Archbishop of York ) profered the King 5000 Markes, pro habenda CANCELLARIA (which was then no Court, but the Office of making and illegible royall Writs and Charters) Domini Regis tota vita sua, pro habenda inde Charta Dom. Regis; which great place he then obtained, or rather, purchased by his money, not merits.

King Henry the third, comming to the Crown (by the Lords and Commons ( u ) election, rather then by discent ) when he was but nine yeeres and some odde moneths old, in the ninth yeere of his raigne, ratified ( x ) Magna Charta, and the Charter of the Forest in Parliament under His hand and Seale, with Witnesses thereunto subscribed; and commanding as many Charters to be engrossed as there were Counties in England, ET REGIO SIGILLO MUNITIS, and ratified WITH THE ROYALL SEALE, he sent one of the great Charters into every Shire, and one Charter of the Forest into every County where there were Forests, to be there reserved. But this unconstant King comming to age, within two yeeres after, ( y ) illegible a Parliament at Oxford (a fatall place for ill advice to our Kings) through all Councell, to the great discontent of his Nobles and Commons, annulled the Charter of the Forest, declaring it voyd, as granted in his non-age, when he had no power of Himselfe, NOR OF HIS SEALE, and so of no validity; and causing Proclamation to be made, that both the Clergie and all others, if they would enjoy those Liberties should renew their Charters AND HAVE THEM CONFIRMED UNDER HIS NEW SEALE (which he had then caused to be made, onely by way of project to raise moneys, as Richard the first had done;) For which they were constrained to pay, not according to their ability, but the will of the chiefe Iustice, Hugh de Burgh, to whom was laid the charge of this mischiefe: which procured him the generall hate of the Kingdome; and begat a new insurrection of the Lords and Commons, who taking up Armes hereupon, enforced the King to call a Parliament, and therein to new ratifie those Charters at his full age. In this Kings reigne all Patents, if not Writs and Commissions too, usually issued under the Great or Lesser Seale, of which there are divers presidents extant in Matthew Paris, and in the clause and Patent rolls of this King, to which I shall referre you. And such notice was then taken of the dignity and necessity of the Kings Seale to Charters and Writs, that Henry de Bracton, a famous Lawyer in those daies, writes expresly, That it was no lesse then Treason to counterfeit the Kings Seale, ( z ) Est aliud genus criminis lesæ Majestatis, quod inter graviora numeratur, quia ultimum inducit supplicium mortis occasionem; scil: crimen falfi, quod in quadam sui specie, tangit coronans Domini Regis. Ut si quis accusatus fuerit vel convictus FALSIFICATIONIS SIGILLI DOMINI REGIS, CONSIGNANDO INDE CHARTAS VEL BREVIA (Writs then were sealed with the Kings Seale as well as Patents) apponendo signa adulterina; quo casu, si inveniatur inde culpabilis vel illegible si Warrantum non illegible , pro voluntate Regis judicium illegible . How the Lord Chancellors were elected, and the Great Seale disposed of by Parliament illegible this Kings reigne, I have ( a ) elsewhere related, and shall touch againe anon.

King Edward the first comming to the Crowne, and proclaimed King during his absence in the holy Land, his ( b ) ‘Lord: and States without his privity, made both a new great Seale and Chancellor to keepe it; illegible which in the 25 yeere of his reigne he confirmed the great Charter and Charter of the Forrest, in Parliament. And in another Parliament, in the 28 yeere of his reigne, it was enacted: That the great Charter of the liberties of England, and Charter of the Forrest shall be delivered to every Sheriffe of England UNDER THE KINGS GREAT SEALE, to be read foure severall times in the yeere before the people, in the full County. And for these two Charters to be firmely observed in every point and Article (wherein no remedy was before at the Common law) there shall be CHOSEN in every Shire Court, BY THE * COMMINALTY OF THE SALE SHIRE, three substantiall Knights, or other lawfull, wise, and well disposed persons to be Justices; which shall be assigned BY THE KINGS LETTERS PATENTS UNDER THE GREAT SEALE, to heare and determine (without any other Writ but onely their Commission) such plaints as shall be made against all those as commit or offend against any point contained in the foresaid Articles, in the Shires where they be assigned, as well within Franchises as without, c. Also, ( e ) That all the Kings Takers, Purveyors, or Ratours, FROM HENCE FORTH shall have their warrant with them UNDER THE KINGS GREAT OR PETY SEALE, declaring their authority and the things whereof they have power to make price or purveyance, the which Warrants they shall shew to them whose goods they take, before that they take any thing, And Chap. 6 There shall NO WRIT FROM HENCE FORTH that toucheth the Common law, goe forth UNDER ANY OF THE PETY SEALES.’

( c ) ( d ) These are the first Statute lawes extant, prescribing, that the Kings Charters, Patents, Commissions, Warrants, Writs, should issue forth under the Great or Pety Seales, though they did so usually before his reigne, rather through custome, which crept in by little and little by degrees, from Edward the Confessours daies, unto this very Parliament, as the premises evidence, till it got the reputation of a received common Law and usage, and at last was thus established, as simply necessary, by these present Acts; which setled the law in point of necessity of sealing illegible Writs, Charters, Patents, with the Great Seale, and added such Majesty to the Seale it selfe, that Britton, an eminent Judge and Lawyer flourishing in this Kings reigne, (writing his booke, as in this Kings name) resolves expresly, c. 3. f. 10. c. 8. f. 16. that the * counterfeiting of the KINGS SEALE IS HIGH TREASON; and that the Justices ought to illegible concerning the falsifiers of THE SEALE: Not only whether any have actually counterfeited it? but also, whether any have hanged ANY SEAL by an Engyn to any Charters without license; or having stollen or taken away ANY SEALE, or otherwise finding it, HAVE SEALED WRITS without other authority. And Chap. 48. Exceptions aur Brefe. f. 122. He writes, It is a good exception to illegible a illegible si le Brefe ne suit unques enseale de nostre Seale; ou si le Ordinance et le Seal de nostre Chauncery ne soit point contenu. And Andrew Horne, another great Lawyer, living in, or neere this time; in his illegible of Justices, cap. 3. sect. 6. p. 191. Among Exceptions to the power of the Iudge, enumerates this for one: IF THE COMMISSION BE NOT SEALED WITH THE KINGS GREAT SEALE OF THE CHANCERY: Car al Privy Seale le Roy, ou al Seale d’ illegible quer, ou Autre Seale, for qus Solement al Seale que est assigne dee conu d’ le illegible del people nosmement en Jurisdiction, Bres Originals, ne estoit a nul obeyer des letes usages del Royalme, si non solement pur le Roy. Ou elle puira illegible victouse Pur le Seale counterfoit, ou anterment fausse: This sallifying of the Kings Seale to Writs. cap. 1. sect. 6 De Fausonners, pag. 28, 29. he makes a crime next to high Treason; which forging, he saith, may be in divers manners: As where a Writ is SEALED whereof the grosse and matter, or the forme is not avowable by the King, nor by the Law, nor by the rights and customes of the Realme. If a man seale after that the Chancellor, or other illegible knoweth that he hath lost his Warrant, by death, or any other manner. When a Writ or Letter passeth the Seal against the Kings defence. When men seale with counterfeit Seales, or seale by ill art, or Warrants not avowable; and so it is falshood in those who seale and have no authority. And Chap. 4. Sect. 2. p. 233. Thus * OUR ANCIENTS ORDAINED A SEALE, AND A CHANCELLOUR FOR TO KEEPE IT, and to give remeliable WRITS to all persons without delay. Then describing what manner of Writs must issue, he concludes thus, And now may Justices, Sheriffs, and their Clerks, withdraw, rase, illegible and impaire them, without discerning or paine, for the Writs that are made close, to the abuse of right. Wherefore THE SEALE ONELY is the jurisdiction assignable to all illegible without difficulty. And to doe this; the Chancellour is chargeable by Oath in all giance of the charge of the King, that he shall * neither deny, nor delay to render right or a Writ remediable to any one.

Thus have I given you a briefe Historicall and Legall Narration of the Originall, Growth, Progresse, Use, and Necessity of the Great Seale of England, and of the manner of making subscribing, and sealing Charters, Paterts Writs, with other Instruments in illegible Realme from King Æthelberts first Charter, Anno 605. till the end of King Edward the first his reigne, when Seales and * sealing grew more common, and our ordinary Law-books (which recite few or none of the premises) begin to make mention of Seales and sealing; of whose antiquity, kinds, and present use in point of Law, if any desire further satisfaction, let them consult with Polydor Uirgil, De inventoribus Rerum, lib. 8. cap. 2. Henrici Spelmani Glossarium title, Bulla, Rastals Exposition of the Termes of the Law, title: Faits, Sir Edward Cookes Institutes on Magna Charta, pag. 554, 555, 556. his 11 Report. 1. 92. and Ashes Tables, title: Seales; it being not my intention to trouble the Reader here with triviall common things concerning Seales or sealing, but onely with such Antiquities and rarities as are not commonly knowne, nor mentioned in our Law Books.

The Kings and Parliaments Severall and joint Interests in, and power over the new-making, keeping, ordering of the Great Seale of England.

Having thus traced out the originall, progresse, use, and necessity of the GREAT SEALE, through the obscure paths of abstruce Antiquity, with as much Verity, Perspicuity, Brevity as possible; I shall in the next place summarily examine, What severall or joint interests the King, Kingdome and Parliament have in; what power or jurisdiction over the Great Seale of England, both in respect of the new-making, keeping, or using thereof?

For the better assoyling of which grand Question, now in publike agitation, I shall premise these three Propositions and Distinctions, which will much conduce to the clearing and resolution of this doubt.

1. First, that our Kings Great and Petty Seals when originally invented, and whiles the use of them was onely private, or meerely arbitrary, not simply necessary in point of Law, in the administration of Justice, or transactions of the publike affairs of the Realme, were proper and peculiar to themselves alone, and in their owne disposing power onely, as every private mans Seale now is, they using them onely as private, not as publike persons, in their naturall, not politicke capacities: But after that these Seals, by use and custome, became simply necessary for the publike execution of Justice and affaires of the Realme, and our Kings made use of them in their politique capacities, as Heads or supreame Governours of the body of the Realme, and publike Ministers thereof; the whole Kingdom and Parliament by this occasion, and upon this reason, came to gaine a publike interest in, and jurisdiction over these Seals as well as our Kings: (even as in all other inferiour Corrations, the Commonalty as well as the Majors, in Cities and Boroughs; the Chapters, as well as the Bishops or Deanes; the Covents, as well as the Abbots or Priors; the Wardens, Assistants and whole company, as well as the Masters; the Fellowes of Colledges, as well as the Presidents, have a publike interest in, and power over their severall Corporation-Seale, made onely for their common good and affairs;) as I shall manifest in the sequell. And in this respect, the great Seale came to be commonly called, * THE GREAT SEALE OF ENGLAND; in our Acts, as in 14. and 15. Hen. 8. c. 4. 34 and 35 Hen. 8. c. 26. 1 Ed. 6. c. 44. 3 and 4 Ed. 6. c. 12. 2 and 3 Phil. and Mar. cap. 20. 1 Eliz. cap. 1. 5 Eliz. cap. 1. 8 Eliz. cap. 1. 13 Eliz. cap. 6. 7. 9. 18 Eliz. cap. 2. 23 Eliz. cap. 14. 39 Eliz. cap. 6. 43 Eliz. cap. 4. 5 Eliz. cap. 18. An Act declaring the authority of the Lord Keeper OF THE GREAT SEALE OF ENGLAND (frequently thus stiled in this Act) and the Lord Chancellour to be one: 1 Jac. c. 23. 1 Car. c. 2. 16 Car. c. 1. with sundry other Acts, to omit Law-Bookes and Histories. And being thus become the great Seale of England, (the Parliament the representative body of the whole Realme of England ) must necessarily have an interest in, and jurisdiction over it in all publike respects, even so farre as to new make it when there is need, and to dispose it for necessary affairs of Parliament and the Realme, when the old Seale (the proper Seale of the Parliament) is purposely substracted, yea, denied them for necessary publike uses.

Secondly, that after the great Seale became common and necessary to most publike 2. affairs, in which regard the whole Kingdome and Parliament came to have a right in, and power over it; so in other respects the King still retained a peculiar interest and prerogative in it, in all arbitrary matters of royall grace and favour, to which he is no ways obliged in point of Law; in which respect it is called, The Kings Great Seale. As first, in cases of generall or particular Charters of pardon. Secondly, of Iudenization or Enfranchisment. Thirdly, of erecting new Corporations, or confirming old. Fourthly, of dispensing with some kinde of Lawes, Penalties, and Forfeitures. Fifthly, of conferring some kinde of lesse publike Offices, and Annuities for services persormed or to be executed. Sixthly, of granting new Liberties or Franchises of grace to Corporations or private Subjects. Seventhly, of creating or conferring new honours on deserving men. Eighthly, of Licences for mort-maines, impropriations, alienations, consecrations of new Churches or Chappels, c. Ninthly, of publike collections for persons or townes distressed through fire, shipwrack, or other casualties. Tenthly, of private negotiations with forraign Princes, States, or Subjects, and some kinde of Protections, Commissions of grace rather then right or justice. In all these, and such like particulars of meere grace, or lesse publike concernment, the Kingdome and Parliament neither properly have, nor pretend to have any publike right or jurisdiction over the great or petty Seals, but leave them absolutely free to the King as if they were his owne private seales alone, so far forth as his Charters, Pardons, Grants, Licenses, Dispensations, Protections, Commissions of this kinde are consonant to the Lawes and Statutes of the Realme, and not repugnant to them.

Thirdly, the Parliament and whole Kingdom, as to all publike affairs of state and 3. the administration of Justice to all the subjects, hath committed the making lawfull use, power and disposall of the great Seal of England in trust to the King, as to the supreame Magistrate and Justitiar: over which they never claime a constituting or disposing jurisdiction, whiles it is rightly managed according to Law. But if this Seale be either wilfully abused or substracted contrary to Law, or trust, to the prejudice of the Kingdome, the obstruction of publike Justice, or violation of the priviledges of Parliament, and not redressed after severall complaints and Petitions of the Houses to the King for reformation of this grievance; Whether the whole Kingdome, or Parliament in such a case as this, who have authority to remedy the grievances, the abuses, or wilfull absence of the great Seale, have not likewise a lawfull soveraigne power to make a new great Seale, and appoint a Keeper of it, for supplying the absence, regulating the abuses of the old, removing obstructions of publike Justice, filling up the Commons House by issuing Writs to elect Knights and Burgesses in the places of such as are dead or justly expelled (now denied;) sealing of Writs of Errour in Parliament and other such publike Parliamentary affairs necessarily requiring the presence of the great Seale (the proper Seale of the high Court of Parliament, which hath no other Seale but it) and Lord Chancellour (the ordinary Speaker of the Lords House, by vertue of his very Office in all ages,) and so his and the great Seales presence absolutely necessary, unlesse dispensed with by the House upon inevitable occasions of absence; is the sole question now in debate? And under correction, in this case, and for these publike ends alone, I humbly conceive, the Parliament both lawfully may cause a new Great Seale of England to be engraven, constitute a Chancellour to keepe it, and seale Writs for new Elections, Writs of Errour in Parliament, with other necessary Writs and Commissions with it, for the publike administration, expedition of Justice, the better transaction of all Parliamentary State affaires now obstructed, to which the great Seale is requisite.

This I shall endeavour to make good by Presidents, by reasons of Law and State-policy; beginning with the new making, and then proceeding to the keeping and ordering of the Seale, during the present differences and necessity.

1. First, there are two memorable Presidents in our Histories and Records, of making a new great Seale by the Lords and Commons in Parliament, without the Kings actuall assent, which will over-rule our present case: I shall begin with the ancientest of them; * King Henry the third departing this life, whiles his sonne Prince Edward, was militating in the Holy Land against Christs enemies; hereupon the Nobles and States assembled at the new Temple in London, the day after the Kings funerall, proclaimed Prince Edward his sonne King, ordained him successor of his Fathers honours, though they knew not whether he were living; ET FACTO SIGILLO NOVO, writes Matthew Westminster. And CAUSING A NEW SEALE TO BE MADE (so Daniel ) they appointed faithfull Ministers and KEEPERS for the faithfull custody both of the Seal Kings Treasure and Kingdoms peace. Loe here a new great Seale made by the Lords and States in the Kings absence, without his privity, for the necessary execution of justice, either in an assembly out of Parliament (as some suppose this meeting was;) or at least wise in a Parliament, assembled, held, yea ordaining a new great Seale, new Officers of King and State, without the Kings presence or privity, and then it is our present case in effect: For if this Assembly of the States, even out of, or in Parliament, in this case of necessity, during the Kings inevitable absence, might lawfully make both a new great Seale, Chancellour, Treasurer, Judges, Justices of peace, and other Officers of King and State (as they did, and conceived they might justly doe, none then or since disavowing or censuring this Act of theirs, for ought I reade, but all approving, applauding it as legall,) then certainly this Parliament assembled and ratified by the King himselfe, being the greatest soveraigne power, and having farre more Jurisdiction then any Councell or Assembly of Lords out of Parliament, may much more justly and loyally cause a new great Seale to be engraven, and appoint a Keeper of it, during the wilfull absence both of the King, Keeper, and old great Seale from Parliament (contrary to all Law and former Presidents) for the better expedition of Justice, and transaction of the affairs of the Parliament, being the Parliaments proper Seale, and anciently appointed by it, as Hornes * preceding words import.

The second president is, that of King Henry the 6, his reigne, who being but an * infant of 9. moneths age when the Crown descended to him there * illegible forth a Commission in this Babes name, to Humfry Duke of Gloucester, his Uncle, then Protector, to summon and hold a Parliament in his name; which being assembled, Num. 14. The Bishop of Durham Lord Chauncellor to Henry the 5 th. resigned up the old Seale of England to King Henry the 6. in the presence of divers credible witnesses, and the Bishop of London, Chancellor of the Dutchy of Normandy. resigned up also the seale of that Dukedom to him. After which Num. 15. It was enacted and provided by the Lord Protector, Lords and Commons in that Parliament; That for as much as the inheritance of the Kingdomes and Crownes of France, England, and Ireland were now lawfully descended to the King which Title was not expressed in the Kings SEALES, where by great peril might acerue to the King, if the said Inscriptions were not reformed according to his Title of illegible ; that therefore IN ALL THE KINGS SEALS, as illegible in ENGLAND, as in IRELAND, GVYEN, and WALES, this New Stile should be engraven: Henricus Dei Gratia, Rex Franciæ, et Angliæ, er illegible Hiberniæ, according to the effect of his Inheritances; blotting out what soever was formerly in illegible superfluous, or contrary to the said stile. And that COMMAND should be given to All the Keepers of the said illegible of the King, to REFORME them WITHOVT DELAY, according to the FORME AND EFFECT OF THE NEW SEALE aforesaid, Num. 16. The Lords and Commons in this Parliament constitute and ordaine a new LORD CHANCELOVR OF ENGLAND, Lord illegible and KEEPER OF THE PRIVY SEALE; granteng them severall Letters Patents of these Offices in Parliament in the Kings name. And Num: 17. The Liberties, Annuities, and Offices granted by King Henry the 5. and his Ancestors to Souldiers in foreigne parts, were confirmed in Parliament, and their Parents ordered TO BE SEALED WITH THE KINGS NEW SEALES, with out paying any Fee.

Here we have nor onely the Great, but Privy Seal, yea all the Kings Seales in England, Ireland, France, Wales, Resigned. Altered, Ordered to be new made, and the Chancellours and Keepers of them expresly Created by the Lords and Commons in Parliament, without any Personal actual consent of the King, (then an Infant) for the necessary administration of Iustice, and great Affaires of the Realme; No man ever questioning, much lesse censuring this Act of theirs, as illegall, or treasonable, within the Statute of 25. E. 3. of counterfeiting the Kings Seale; but all approoving it as just and necessary. Therefore, doubtlesse the present Parliament may doe the like in this unparallel’d case both of the Kings. L. Keepers, the great and privy Scales wilfull absence and substraction from the Parliament, of purpose to obstruct all proceedings in Parliament, and the course of common Iustice.

These two famous Presidents are not singular, but backed with the Authority of Iudge Horne, fore-cited, p. 15. and many other of like nature, and reason, even in printed Statutes.

The Statute of Acton Burnel made in the 13. yeare of King Edward the first, for the more speedy recovery of the Merchants Debts, gives the Mayors of London, Yorke, and Briftoll, authority to take Recognisances of Debts before them to be made by the Clerke appointed for that purpose: whereunto the SEALE of the Debtor shall be put, with THE KINGS SEALE, THAT SHALL BE PROVIDED FOR THAT PVRPOSE; the which SEALE SHALL REMAINE IN THE KEEPING OF THE MAIOR and CLERKE AFORE-SAID. And THE KINGS SEALE shall be put unto the sale and delivery of the goods devisable for a perpetuall witnesse. Wee have here a New Seal of the Kings, with speciall keepers of it, appointed for Recognisances, and the uses thereof limited, by a speciall Act of Parliament: confirmed in another Parliament, touching Statute Merchants, made the same yeare; 13. E. 1 which further enacts, That ANOTHER SEALE SHALL BE PROVIDED, that shall serve for Faires. And that the same shall bee sent unto every Faire, under THE KINGS SEALE, by a Clerke sworne, or by the Keeper of the Faire. And of the Commonalty of London two Merchants shall be chosen, that shall sweare, and THE SEALE shall be opened before them, and one peece shall be delivered unto the foresaid Merchants, and the other shall remaine with the Clerke. 13. H. 8. c. 6. 2. 3. E. 6. c. 31. second those Acts. 27. E. 3. Parl. 2. c. 1. 9. enact. That the Mayor of the Staples shall have power to take Recognizances of debts, which a man will make before him, in the presence of the Constables of the Staple, or one of them. And that in every of the said Staples BE A SEALE ORDAINED, remaining in the CVSTODY OF THE SAID MAIOR of the Staple, UNDER THE SEALES of the same Constables: which is againe enacted. 15. R. 2. ch. 9. . 8. H. 6. c. 18.

The Acts of 12. R. 2. c. 3. . 7. ordaine, That A SEALE OF THE KINGS shall be made, assigned, and delivered to THE KEEPING of some good man of the Hundred, Rape, or Wapentake, City, or Burrough, after the discretion of the Iustices of Peace, to be kept to this intent, to make Letters Patents to Servants, Labourers, Vagabonds, Pilgrimes, who shall have occasion to depart out of the Hundred, Rape, or Wapentake where they lived, to serve or dwell else where, c. And that ABOVT THE same SEALE shall bee written, the name of the County, and OVERTHWART THE SAID SEALE, the name of the Hundred, Rape, or Wapentake, City, or Burrough. And 14. R, 2. c. 11. enacts That SEALES BE MADE FOR THE SERVANTS, and DELIVERED UNTO THE KEEPING OF SOME GOOD MEN OF THE COVNTY, after the purport of the said Statutes: Here the Kings new Seale, forme of it, and keepers too, are ordered by Parliament.

The Statutes of 27. E. 3. c. 4. 3. R. 2. c. 2. 15. R. 2. c. 10. 17. R. 2. c, 2 prescribe A NEW SEALE to the Kings Aulnegeors and Collectors of Subsidies, wherewith all cloathes shall be sealed before they be sold, under paine of forfeiture, 1. H. 4. c. 19. 9. H. 4. c. 2. It was enacted; That certaine Cloathes should not bee SEALED by them for three yeares, 4. H. 4. c. 6. enacts, That one sufficient man should be assigned by our Soveraigne Lord the King, to SEALE the Clothes that shall be wrought and fulled in London, and the Suburbs of the same, WITH A SEAL OF LEAD, as of old time was used in the said City and Suburbs, 11. H. 4. c. 6. ordaines, That A NEW SEAL, HAVING A SIGNE and MARKE DIFFERING FROM THE OLD SEALE of the Office of the Kings Aulnegeor, SHALL BE MADE and DELIVERED TO THE AVLNEGEORS. And that after the same so NEWLY MADE and delivered, Proclamation shall be made in the West and in other places through the Realme, that no Cloathes shall be sold ( of such sorts mentioned in the Act ) before the illegible or hath searched and measured them and set THE NEW SEALE OF HIS OFFICE TO THEM, which is confirmed by 13. H. 4 c. 4. This Scale by 11. H. 6. c. 9. is stiled, THE KINGS SEALE thereunto ordained, and prescribed to be put to Cloathes, So 18. H. 6. c. 16. a line, is prescribed to bee sealed for the measuring of cloath. 8. E. 4. c. 1. enacts, That broad Cloathes shall bee SEALED by the Kings Aulneger, or sealed with the SEALES of the Subsidy and Aulneger therefore ordained, AND IN WAX. And 4. E. 4. c. 1 That for Kersies and short Cloathes A SEALE OF LEAD SHALL BEE ORDAINED, and by the Treasurer of England for the time being provided, and hanged at the lower part of the edge of the said cloath: And that the Treasurer of England for the time being, shall have power and authority to make SUCH, and so many KEEPERS OF THE SAID SEALES as he shall thinke necessary; so that no stranger born be made any of the said Keepers, 17 E. 4. c. 1. 1. R. 3. c. 8. and other Statutes enact the like, 25. H. 8. c. 8. 27. H. 8. c. 3. 4. E. 6. c. 2. 5. E. 6. 6. 2. . 3. Phil. and Mary. 12. 4. 5. Phil. and Mary, c. 5. 8. Eliz. c. 12. 23. Eliz. c. 9. with other Acts, prescribe divers sorts of SEALES of LEAD, to seale cloathes withall, conteyning the length, or length and breadth of the said Cloathes; some of the seales for ill cloathes, to have FAULTIE engraven in them; others, that are dyed and madered, the letter M. and the like; some to be kept and affixed by the Aulnegers, others by the Searchers appointed in every County, Towne, or Burrough; Such variety of Seales, and Keepers of them have these severall Parliaments prescribed onely for cloath, which yet they stile THE KINGS SEALES; though neither made, kept, disposed of, not the forme prescribed by him, but the Parliament. See the like for Leather, 5. Eliz. c. 8.

The Statute of 11. H. 6. c. 6. makes mention, of SEALES assigned to the Customers Office, and punisheth the abuses of them, set to blanke sorowls, with forfeiture of goods, as in case of Felony.

12. Ed. 4. c. 3. The statute of Tunnage and Poundage for guarding the Seas; enacts, cloath of Gold, Silver, Baudkin, Velvet, Damaske, Satyn, Chamlets, Silkes, c. brought from beyond the Sea shall be sealed in one end thereof before it bee sold, with THE SEALE or marke ESPECIALLY TO BE ORDAINED FOR THE SAME, whereof the Collectors of that Subsidy shall have the one part, and the Comptroller the other part, severally in their custody: which is confirmed by 4. H. 8. c. 6. 21. H. 8. c. 21.

14. 15. H. 8. c. 3. appointes a severall Warden of the Worsted-makers in the Townes of Yarmouth, and Lynne, to be annually chosen and serve to surveigh and search the Worsteds there made; and that the Warden of Yarmouth so elect and sworne, shall ordaine and appoint A SEALE with the letter Y: and the Warden of Lynne A SEAL with the letter L, to be engraven in the same SEAL: and to seal in Lead with the SAME SEALES so to be appointed and engraven, and none other, all Worsteds and illegible within these Townes and their Suburbs: 14. 15. H. 8. c. 5. ordaines a speciall common Seale for the Corporation and Colledge of Physicians in London.

27. H. 8. c. 27. Which establisheth the Court of Augmentations, and prescribes the severall Officers in it, with the Oathes they shall take; enacts likewise, That this Court shal have ONE GREAT SEALE, ONE PRIVY SEALE, to be ingraven and made after such forme, fashion, and manner as shall be appointed by the Kings Highnesse; that the Chancellour of this Court shall have THE KEEPING OF THESE SEALES, which shall REMAINE and BE ORDERED as in that act as at large declared. The statute of 33. H. 8. c. 39. which crects the Court of Surveighers, prescribes a particular SEALE for that Court, the person by whom it shall be kept, and how it shall bee used, together with all the Officers of that Court, their Oathes and Fees. So 34. H. 8. c. 26. enacts; that there shall be severall Originall and judiciall SEALES MADE for the severall Counties and illegible of Wales; prescribes the severall parties that shall keepe these seales, what Writts and Processes they shall seale with them, and what Fees they shall take for them; as you may read at large in the Act. In like manner the statutes of 32. H. 8. c. 46. 33. H. 8. c. 22. enact the Court of Wards Liveries, to be a Court of Record; and that they shall have ONE SEALE to be engraven and made after such form, fashion, and manner as shall be appointed by the Kings Highnesse, which shal remaine and be ordered as is afterward declared in those Acts; prescribing who shall keepe it, how it shall be used, and what Fees shall be paid for it: And 32. H. 8. c. 45. ordaines a particular SEAL for the Court of first Fruites and Tenthes, which it erects, with the Officers that shall keepe it, their Oathes, and Fees for sealing with it. True it is, these Statutes leave the forme and fashion of these Seales last mentioned to the Kings appointment ( which they might have likewise prescribed, as in the former Acts ) being a matter of no great moment; but the Keepers, use, ordering, and fees of all these Seales, are punctually limited by the Parliament, and not left arbitrary to the King.

And to trouble you with no more Acts of this nature, the statute of 1. E. 6. c. 2 enacts, That all Arch-Bishops, and spirituall persons, under the paine of a Premunire, even in the Kings Ecclesiasticall Courts, shall make out all their Processes in the Kings name, with the Kings stile, as it is in Writs originall and judiciall at the Common Law, and shall from the first day of illegible have IN THEIR SEALES OF OFFICE, THE KINGS HIGHNESSE ARMES DECENTLY SET, with certaine Carects under the Armes, for the knowledge of the Diocesse, and shall use NO OTHER SEALE OF JURISDICTION, but wherein his Majesties Armes be engraven. Here the expresse forme as well as use of these seales is prescribed by the Parliament, and not lest Arbitrary to the King or Bishops.

If then our Parliaments in all these cases have thus prescribed New Seales of the Kings for his Courts and Officers, together with the forme, custody, use and fees of them in these severall Acts; why they may not likewise illegible the making of a Newbroad Seal illegible supply the absence of the old, in the cases fore-mentioned. I cannot yet discover, it being the Parliaments Seal, and GREAT SEAL OF ENGLAND, and so commonly stiled in sundry printed statutes, as well as the Kings, in respect of the publike justice and affaires of the Realme of England, and Parliament which represents it; If the Major, Bayliffes Bishop, Dean, President of a Colledge. Mr. of a Company, Abbot or Prior, or chief Justice shall detaine or withdraw the common Seales of their severall Corporations or Courts; the Common Counsell, Aldermen, Chapter, Fellowes, Livery-men and Courts, may doubtlesse lawfully make new Seales without, yea against their consents, and use them too for their common affaires, without injury illegible forgery: And why the Parliament then may not in such cases, make a new great Seale of England, by like reason without the Kings consent, when the old (their onely Seal) is purposely withdrawne, and kept from them to hinder their proceedings, I cannot yet discerne.

If any here object; First, that it is High Treason both by the Common and Statute Law to counterfeit or make the Kings great Seale without his privity or consent, Object. 1. as is evident by Glanuil, Bracton, Britton, here forecited. 3 E. 1. c. 15. 25. E. 3. Stat. 5. C. 2. of Treasons. 5. H. 4. C. 15. 27. H. 8. C. 2. 1. E. 6. C. 12. 1. Mar. Parl. 1. C. 6. Stamford, L. 1. C. 1. Brooke, Treason. 3. 13. 17. Cromptons Iurisdiction of Courts. 69. and generally all our Law-bookes. Therefore for the Parliament, or any else by their command, to make and use a new broad Seale.

I answer: Answ. 1 That this is true onely of private men who make a broad Seale by their owne particular Authority, in deceite of the King and Kingdome, not of the Parliament, or any imployed to make or use it by their Authority; The Parliament the Supreamost Power of all others, being uncapable of Treason, and out of the words and intention of these and all Acts concerning Treason, as I have ( a ) elsewhere proved at large; to which I shall referre you. Secondly, the King hath is great Seale of England, not in his owne particular, but the Kingdomes and peoples right alone, as their publique Minister and servant for their use and benefit, the Kingdome, and Parliament which represents it, being the ( b ) Proprietors of this Seal, which upon the Kings decease is ever surrendred to the successor King, as belonging to the Kingdome, as the seales of other Corporations goe to the Mayors, Bishops, Deanes, Abbots, Presidents, Succesors, not their Heires, Executors, or Administrators, as other mens Seals doe. The Kingdom and Parliament therefore being the true Proprietors of it, as it is the publique Seal of the Kingdome, not the King, may lawfully give order for the new making of it even without the King in case of necessity, when it is unduly withdrawn, with-held. Thirdly, the Forging of the great Seale is high Treason onely, as it is the ( c ) Kingdomes common Seale, not the Kings private and particular Seale; and an offence against the Kingdome, and King himselfe only in his politick publike capacity, as head of the Kingdome, not in his private: whence counterfeiting of the Kings signe manual, privy signet, or privy Seales were no high Treason at Common Law, (being no publike, but rather private Seales of the Kings) illegible they were made so by 27. H. 8. c. 2. since repealed by. 1. E. 6. c. 12. 1. Mariæ illegible 1. c. 1. Rastall Treason, 13. and so no Treason at this day: even as the compassing of the Kings death is no Treason, considered onely as he is a private man, but as a ( d ) publike person, invested with his politick Royall capacity. If then the Parliament (the representative body of the Kingdome, against which all treason in counterfeiting the Great Seal are principally committed the true proprietory of this seale) shall order a illegible great Seale to be made, or used, for the service of it selfe and the Kingdome in this case of necessity, it cannot possibly be high Treason in them or their Agents, for then they should be Traytors to and against themselues, and suffer for an Offence against themselves and the Realme, done by their owne Votes, and assents in Parliament. Fourthly, the counterfeiting of the Great Seale, mentioned in those Law bookes and Statutes, is that onely which is secret, fraudulent, traitorly in deceit of the King, Kingdome, Subjects (f) like to counterfeiting of false mony, (ever joyned with it) by private persons, as our Law Bookes, and all cases of this nature adjudged High Treason, attest; whence it is stiled, Crimen falsi: falsificatio sigilli, c. by ( f ) Bracton and others, and such like offenders, Fauseors des sealx: and the Inditements must be that they did it PRODITORIE: neither of which can be intended of, or applyed to the new making of a great Seale by authority of Parliament, for the necessary administration of Iustice and benefit of the Realme, when the great Seale is substracted, as now. Fiftly, the Lords and Parliaments making a new great Seale in the absence of Edward the 1: and infancy of Henry the 6 without their privity or consent, to supply the defects of justice, which else would have ensued, was never reputed Treason, but a lawfull Act: Therefore the present making of a new Seale, to remedy the willfull absence of the old, without the Kings consent, (who withholds it and the Keeper from the Parliament * against all Law and former Presidents) can be no Treason but a lawfull Act. And since the Parliaments or England in the absence, infancy and dotage of their Kings, have usually of right made Lord Protectors; and Chancelours, who had power over the great Seale (as I haue ( e ) elsewhere largely proved) they may by the selfesame reason, make a new great Seale likewise, to supply the willfull absence of the old. Finally, all the objected Statutes and Law bookes adjudged it high Treason, to counterfeit the Kings mony as well as his Seale, and joyne them both together in one clause. But the Parliament hath a long time coyned money at the Tower, and made new stamps to doe it, when the old were broken or worne out, without any charge or taxe of Treason: therefore they by like reason may make a New great Seale without Treason.

If any secondly object: That to make a new great Seale (of England) is all one in effect, as to make a new King of England.

( g ) I answer 1. that to deface the Kings old Seales and Signets, by publique Acts of State, as the Hollanders did the King of Spaines, when they cast off his Government for his Tyranny (which they, (h) and illegible Authors held they might lawfully doe, ) and to appoint new Seales in every Province onely with the names and Titles of the private Governours and Provinciall Consuls of every Province, without the name and Title of the King of Spaine, whose authority they abjured with a solemne Oath; would in truth be to set up a new King, and government; But to make a New Seal, onely like, or not much different from the old, to supply its absence, with the Kings owne Picture Armes, stile and Title onely is no wayes to impeach, but confirme his Royall Authority, being done in affirmance, onely, not illegible of it, as Lawyers speake. Thus their making of a new Seale in Edward the 1. and Henry the 6. his Raigne forementioned, was the highest confirmation of their Authorities, and the greatest expression of the subjects Loyaltyes that might bee; And why the Parliaments making of a new great Seale to supply the absence defects of the old, should be deemed a setting up of a new King against his Majesty, more than the Parliaments frequent constituting of Lord Protectors, in former times to supply the infancy absence, dorage, or imperfections of our Kings (of which I have cited you many Presidents elsewhere) which all esteemed to be a ratification, not nullification or alteration of their Royall Authority, (or the coyning new money now, to supply the want of old,) transcends my understanding to apprehend: since those who may lawfully make a Vice-Roy to represent the Person, or execute the Soveraignty of a King in his name and right, may with as good reason and authority to, make a new great Seale, to supply the defects and affected absence of the old, the Seale being lesse than the person and Soveraignty of the King, and the proper seale of the Parliament.

2. This will further appeare by considering in the second place, what power and Authority our Parliaments have claimed and exercised as of right, over the Custody and disposing of the Great Seale of England. First, they have usually chosen and nominated the Lord Chauncellour, and Keepers both of the great and privy Seale of England, together with the Lord Protectors, Lord Treasurers, privy Counsellors, and other great Officers of the Realm, as I have (i) elsewhere plentifully manifested, and committed ) the Great Seale to the Chancellours custody onely. Secondly, They have ordered, ( k ) that the Chancellour should not be put from the custody of the Seale, nor the Seale taken from him without the common Counsell and consent of the whole Realme in Parliament; upon which ground, Ralph Nevill Bishop of Chichester, Anno. 1236 when King Henry the third upon a displeasure, earnestly demanded the Great Seale of him, being then Lord Chancellour, absolutely refused to deliver it to the King; saying, That he could by no meanes doe it, seeing hee had received it BY THE COMMON COVNSEL OF THE REALM, and THEREFORE he neither could, nor would resigne it WITHOVT THE COMMON COVNSELL OF THE KINGDOME, to wit the Parliament: Yea the ( l ) Parliament, An. 28. of Henry the third, to prevent the abuses of the Great Seal which the King then began to take from the Chancellour into his owne custody, abusing it to ill ends ) Voted; That if the King by any intervement occasion should take away the Great Seale from the Chancellour (who should alwaies be choseu by the Parliament, or its assent,) what soever should be sealed in the illegible should be reputed VOYD FRVSTRATE, till restitution of it were made to the Chancellour: After this, the ( m ) Parliament in Richard the second his Raign, disposed both of the Chancellours place and the great Seale; and Henry Scroope, made Lord Chancellour by it, refused at first to deliver up the Seale to the King, who demanded it of him; and when hee extorted it from him, the whole Kingdome were much displeased, and murmured against it.

Thirdly, The Chancellour of England ( n ) hath resigned up his Office and Great Seal of England, in and to the Parliament, who have disposed of it to a new Chancellour in Parliament, as you may read in the Parliament Roles of 4. H. 6. Nu. 14. 15. without the King. And the ( o ) Arch-Bishop of York L. Chancellour of England, when K. Edward the 4 th. dyed, was much blamed, for delivering up the Great Seale of England to the Queen Mother: whereupon the Seal was taken from him, and delivered by the L. Protector to Dr. Russel, Bishop of Lineolne. In regard of which disposing power, both ( p ) of the Chancellour and Great Seale by Parliament; both of them are usually stiled in statutes, the Act for Triennial-Parliaments, histories, ( p ) The Chancellur and Great Seale of England. How the Parliament hath ordered and appointed the custody of the Kings other Seales from time to time, I have she wed in the fore-cited Acts, and will not repeat; but conclude That if our Parliaments have enjoyed such a power and Jurisdiction over the great Seal, the Chancellours and Keepers of it heretofore, when there was just cause; they may exercise the selte-same power over them now, especially when both of them have bin purposely withdrawne, detained from the Parliament so long, to retard, annihilate its proceedings contrary to Law, and the Act for its continuance.

Thirdly, The Parliament hath exercised a power over the great Seale, and other Seales of the King; as the Dutchy Seal, Exchequer Seale, Seate of the Court of Wards and Liveries, of the Court of Augmentations, of first fruits and Tenths, S taples, Surveyors, Seales of cloth and other Merchanaize, safe conducts, Customes, Ecclestasticall Courts, and the like; in prescribing what Patents, Charters, Commissions, Protections, Warrants, Grants, Writs, Pardons should bee passed under them or any of them, and what not; And where the great and privy Seale shall be used to promote right, and where not used to stay right or justice in any case whatsoever. This is evident by the severall Statutes of 13. E. 1. of Acton Burnell, and statute Merchants, 25. E. 1. c. 1. 28. E. 1. c. 1. 2. 6. 20. 18. E. 2. Statute E. 1. Prses. 2. E. 3. c. 8. 4. E. 3. c 4. 5. E. 3. c. 2. 14. E. 3. c. 14. 15. Stat. 3. c. 1. Stat. 4. 15. E. 3. c. 3. 18. E. Stat. 2. c. 1. 36. E. 3. c. 2. 42. E. 3. c. 9. 1. R. 2. c. 6. 5. R. 3. c. 9. 10. 14. 6. R. 2. c. 4. 18. R. 2. c. 1. 12 R. 2. c. 8. 13. R. 2. c. 2. 13. R. c. 2. Stat. 2 c. 16. R. 2, c. 6. 2 R. 5-c. 4. 5. H. 5. c. 7. 10. H. 6. c. 7. 15. H. 6. c. 3. 20. H. 6. c. 1. 31. 13. Eliz. c. 7. 14. Eliz. c. 6. H. 6. c. 2. 1. E. 4. c. 1. 3. H. 7. c, 1. 4, H. 7. c. 14. 14. 15. H. 8. c. 4. 1. H. 8. c. 16. 17. 20. 23. H. 8. c. 7. 25. H. 8. c. 19. 21. 22. 27. H. 8. c. 2. 5. 11. 15. 16. 27. 34 35. H. 8. c. 16. 21. 26. 1. E. 6. c. 2. 5. 8. 12. 14. 3, 4. E. 6. c. 8. 39. Eliz. c. 5. 43. Eliz. c. 4. 11. 12. 5. 6. E. 6. c. 1. 1. Eliz. c. 5. Eliz. c. 1. 4. 2 3. Phil. Mar. c. 20. Above all by * the Act for the preventing inconveniences happening by the long intermission of Parliaments, made this Parliament when fullest by his Majesties and both Houses unanimous assents; with infinite other Statute. And as the Parliament hath thus ordered and limited the use of the Kings own Seales, so likewise the Seales of Sheriffes, Coroners, Corporations, Mayors of Staples, Iustices, Iudges, Searchers, and other Officers; together with the Seales of illegible Electors of Knights Burgesses of Parliament and sundry other persons, as to publike uses. Witnesse the Statute of Rutland. 10. H. 1. 13. E. 1. the Statute of Acton Burnell, and of Statute Merchants. 13. E. 1. c. 13. 31. 39. The Statute of Quo Warranto 18. E. 1. 1. E. 3. c. 8. 2. E. 3. Stat. 3. c. 5. 5. E. 3. c. 2. 10. E. 3. c. 3. 14. E. 3. c. 16. 25. E. 3. Parl. 5. c. 1. 5. 21. 27. E. 3. Parl. 2. c. 4. Parl. 3. c. 1. 9. 42. E. 3. c. 3. 43. E. 3. c. 1. 12. R. 2. c. 7. 8. 13. R. 2. c. 11. 18. 1. H. 4. c. 19. 2. H. 4. c. 17. 4. H. 4. c. 6. 7. H. 4. c. 13. 9. H. 4. c. 2. 11. H. 4. c. 6. 1. H. 5. c. 9. Parl. 2. c. 5. 3. H. 5. c. 3. Stat. 2. 6. H. 6. c. 4. 8. H. 6. c. 18. 9. H. 6. c. 10. 11. H. 6. c. 9. 16. 15. H. 6. c. 6. 18. H. 6. c. 19. 33. H. 6. c. 7. 1. E. 4. c. 1. 4. E. 4. c. 1. 8. E. 4. c. 1. 1. R. 3. c. 8. 14. 15. H. 8. c. 3. 23. H. 8. c. 7. 25. H. 8. c. 19. 26. H. 8. c. 14. 1. E. 6. c. 14. with other Acts. Therefore the Parliament may by the same, or a like reason, exercise a Iurisdiction in making a new great Seale, and directing the use of it for the common good, to supply the absence of the old.

Fourthly, the Parliament hath caused this new Seale to be made, principally to compleat the House of Commons by sealing Writs for new Elections of Knights and Burgesses, in places of the old who are dead, or justly expelled: and what power the Kingdom and Parliament have anciently exercised in this, or the like cases, I shall give you a briefe account. First, the Lords and Commons have sundry times in former ages, not onely enforced our Kings to summon Parliaments against their wills, when necessary, but likewise sent out Writs to summon a Parliament, and elect Knights and Burgesses, under the great Seale of England in our Kings names, without their privity and assent, as I have * elsewhere manifested by sundry Presidents: And by the very Act for the * Trieniall Parliament, (assented unto by His Majesty, and all the Lords and Commons who are, or were with him at Oxford; this very Session of Parliament) it is expresly provided, ‘That in case the King refuse or neglect to summon a Parliament every three yeeres, next after the last day of the last Parliament preceding it, by Writs under THE GREAT SEALE OF ENGLAND ( so frequently stiled in this Act; ) that then every Lord Chancellour of England, the Lord Keeper of the great Seale of England, and every Commissioner and Commissioners for the keeping of the Great Seale of England for the time being, within sixe dayes after the tenth day of September in every such third yeere, shall in due forme of Law, without any further Warrant or direction from His Majestie, His Heirs or Successors, SEALE, issue forth, and send abroad severall Writs of Summons to the respective Peeres of the Realme, and Writs of Election to the Sheriffs of the severall Counties, Cities and Boroughs of England and Wales, c. for the electing of Knights, Citizens, and Burgesses to serve in Parliament: prescribing, that every Lord Chancellour. Keeper, and Commissioner aforesaid, shall take an Oath, truly and faithfully to issue forth and send abroad all Writs of Summons to Parliament for both Houses, at such time and in such manner as is expressed in this Act; under paine of being disabled ipso facto from their places, in case of refusall or neglect. And then the Lords are ordered to meet at Westminster without Writ or Summons, and any twelve of them are enabled, to grant out Writs of Summons under their hands and Seales, to all Sheriffs of Counties, Cities, and Boroughs, which shall be of the same force to all intents as the Writs of Summons to Parliament under the great Seale of England. And in case the Lords neglect or refuse to issue such Writs, then the Sheriffs, Majors, and Bailieffs of Counties, Cities, and Boroughs, without any Writ at all: and in their default or neglect, the Free-holders and Citizens of each County, City, and Borough, are enabled to elect Knights, Citizens, and Burgesses, without any Writ at all, and the Election and Parliament to be as effectuall, as if summoned under the great Seale of England. If then a Parliament may be thus summoned by the Lord Keeper himselfe, by a Writ under the great Seale, without the Kings privity, or contrary to his Command; or by a Writ under the Lords Seals only; or without any Writ at all, in some cases, and that by expresse provision of an Act made this Parliament: why this Parliament may not, by as good or like reason (now it is assembled and perpetuated by another Act) make a new great Seale to seale Writs of Election, or grant out their Writs without the great Seale, by an Ordinance of Parliament onely, to compleat the Houses, now the great Seale hath beene so long absent, and such Writs refused to be issued under it, though oft desired (without any danger of Treason, or derogation to the Kings Prerogatives) I cannot yet discerne. It being farre lesse, for a sitting Parliament in this case, to make a new great Seale, or issue out Writs of Election without the Kings privity (now in Armes against it) to recrute its own Members, then for the Chancellour, Keeper, Lords, or Commons themselves out of Parliament thus, either with, or without Writ, to summon and hold a Parliament, without, yea against the Kings assent, his Proclamations or Inhibitions to the contrary. And those fundamentall principles of Law, State-policy, with that soveraigne power of the Parliament and Kingdome, above our Kings, which induced both Houses thus to make, and his Majestie readily to assent to this late Act, for the common benefit and safety of the Realm, in case of His Owne or the Lord Keepers wilfull neglect, or refusall to doe their duties; will doubtlesse inable the Houses now sitting, to make a new great Seale, or issue out Writs of Election, Errour, and the like, either under it or without it, during the voluntary absence of the King, Lord Keeper, and great Seale from the Parliament (contrary to Law, Custome, Duty, Oath) of purpose to compleat the Houses, and expedite publike Justice, obstructed by their absence. And the rather may the Parliament doe it in case of Writs of Election, because such Writs, with the Elections made by vertue of them, have usually beene ordered, formed, issued out, determined, judged onely by the Parliament; and Writs for new Elections (by reason of death or removall) have constantly issued out, of course, by Order or Warrant from the Speaker or Commons House onely, without speciall Warrant from the King himselfe without refusall or deniall, as is evident by the Statutes of 5 Rich. 2. cap. 4. 7 Hen. 4. cap. 15. 11 Hen. 4. cap. 1. 8 Hen. 5. cap. 1. 6 Hen. 6. cap. 4. 8 Hen. 6. cap. 7. 10 Hen. 6. cap. 2. 23 Hen. 6. cap. 11. 32 Hen. 6. cap. 15. 8 Hen. 8. cap. 16. 35 Hen. 8. cap. 11. Br. Parliament 7. Dyer f. 60. Cromptons Iurisdiction of Courts f. 3, 4, 16. Neither can they be denied, or the Houses kept incompleat against their wills by his refusall, without apparent illegible of the priviledge of Parliament, yea, of Magna Charta it selfe, as the Lords resolved, An. 1256. in Henry the third his reigne, and the whole Parliament since 1 Hen. 4. Rot. Parl. num. 21, 22. as I have * elsewhere proved.

From all which Authorities I humbly conceive, the Parliament may lawfully in the case fore-stated, both make a new broad Seale and Keeper of it, to illegible up the Houses, and redresse the obstructions of Justice, of Parliamentary proceedings, occasioned by the great Seales absence.

To these authorities I shall annex the ensuing Reasons both of Law and State:

First, the Parliament the supreame power and Judicature in England, having the chiefe interest and propriety in the GREAT SEALE OF ENGLAND, in respect of its publike use, may lawfully new make and use that Seale which is it own in respect of property and use; and the Kings only as their publike Minister.

Secondly, that the Parliament being the chiefe State-physician of the Realme, may, and ought by Law to redresse all publike grievances: therefore the grievances and obstructions of Justice, occasioned by the old great Seale and Lord Keepers absence, or abuse, by making new.

Thirdly, the Parliament may and ought to supply all defects, defaults of State Officers, Laws Affairs, prejudiciall to the Realme: Hence it alwayes hath supplied the Minority, Dotage, or Absence of our Kings by constituting a Vice-Roy of their own election to exercise all royall Authority; the absence of the Lord Keeper or Speaker of the lower House, when sicke by substituting others to supply their places; the defects of the Common Law by new illegible Laws; and providing new Laws Courts, Seale, against new mischiefs, not remediable by old Acts. This appeares most lively by the Act for illegible Parliaments forecited, wherein the wilfulnesse and negligence of the King, is ordered to be supplied by the Lord Keeper; the Lord Keepers, by the Lords; the Lords, by the Sheriffs of Counties, Majors, and Bailiffs; and theirs by the Freeholders, Citizens, and illegible The Councell of Basil, and others * forecited are to like purpose: and the Statute of 25. Hen. 8. c. 21. which Law abolishing the Popes authority, enables the Archbishop of Canterbury, to grant all Ecclesiasticall Licences and Dispensations here, which the Pope alone formerly granted at Rome; and then provides, that in case the Archbishop should wilfully and obstinately refuse to grant such Licences and Dispensations to those who demanded them without a just and reasonable cause; that then an Injunction should issue out of the Chancery under the great Seale to him, commanding him to grant them; and if he then wilfully refused to doe it, that then the King upon every such default and wilfulnesse, should grant a Commission under the great Seale to any two Prelates or spirituall persons that would grant them, by an instrument in writing under THEIR SEALES. The Parliament therefore now summoned and sitting, by like reason lawfully may, and is bound in duty to supply the present wilfull absence of the Lord Keeper and great Seale, (treacherously carried from it beyond expectation, contrary to promise, and so long detained thence) by constituting New ones in their places. It was one principall Article preferred by * the Parliament against Cardinall Wolsey, That when he was sent Ambassadour into Flanders, to the Emperour, he carried the Great Seale with him without the Kings consent; for which he was displaced and fined. Much more then may the Parliament displace the Lord Keeper, for carrying away the great Seale (the onely Seale of this high Court) in a illegible manner from them, contrary to his duty, without and against their consents, and make a new great Seale and Keeper in lieu of the old.

Fourthly, the Parliament is bound to take care, That publike Justice (according to * Magna Charta (and other Acts) be not delayed nor denied to any Subjects that desire or neede it, being the supreamest Court of Justice, to punish all offences, neglects, supply all defects in the highest Officers of Justice: Therefore to provide a new broad Seale and Keeper of it, since publike Justice is denied to most, obstructed, delayed to all, by the unlegall wilfull absence of the old great Seale and Lord Keeper from the Parliament, and Courts at Westminster.

Fifthly, The Houses of Parliament, in point of honour, trust, duty, more especially since their late Protestations and Covenants, are bound universally to preserve their own just Priviledges, Rights, and Liberties; whereof these are indubitable ones. That the Lord Chancellour Keeper of the Great Seal of England, together with the Seal it selfe remaining in his custody, ought alwaies constantly to attend the Parliament and be present with it. First, ( x ) because the Lord Chancellor or Keeper of the Great Seale is alwaies a necessary member of the Upper-House, and the Speaker of it, by vertue of his very Office. Secondly, because not onely constant custome, but ( y ) sundry Acts of Parliament, require the Chancellours, and Keepers speciall presence in Parliament, in direct termes. Thirdly, because the Chancellour, and Great Seale are, and ought to be necessarily present in Parliament, being the onely proper Seale of this highest Court, for divers publique ends. 1. To issue out Writs ( z ) of summons and new elections, for summoning the Members of both Houses, as oft as there is need, to keep the Houses compleat. 2. To seale Writs of ( a ) Error, brought in Parliament. 3. To Seale ( b ) Writs of Priviledge for members of Parliament, or their meniall servants, when there is cause. 4. To issue and Seale such ( c ) new Writs as shall be devised in Parliament, upon new occasions. 5. To issue out and seale such ( d ) Commissions as shall be necessary upon publique imployments, Trials criminall or judiciall, Taxes or Subsidies, appointed in and by Parliament. 6. To seale such ( e ) Patents and Charters of Honours, Lands, Priviledges, Offices, and the like, which shall be thought meet to be granted in Parliament, as most old Charters were. 7. To seale Parliament pardons and all Proclamations, exemplifications of private Acts of Parliament, and such Acts as are to be proclaimed, to such who require them, 2 H. 5. c. 4. 1 R. 2. c. 6. 1 H. 7. f. 23. 25. illegible 49. 33 H. 6. 17. Parl. 1. 21 E. 4. 56. Dyer. 135. Cooke l. 8. f. 7. 8. 28. 43 E. 3. c. 5. 2 H. 5. c. 46. 1 H. 6. c. 2. 26 E. 3. c. 16. Ashes Tables Proclamation. 39.

In all these respects, with others, the Lord Chancellours, Keepers, and great Seales presence being simply necessary in Parliament, (where by Law and custome they ever have beene, and ought to be, till this late president,) The House lawfully may, and in point both of honour and justice, ought, for the maintenance of their owne undoubted priviledges, to constitute a new great Seale, and Keeper of it, if the old be not returned to them speedily, having beene wilfully, above twelve illegible space, withdrawne, detained from them, on purpose to dissolve the Parliament, retard or frustrate all its proceedings, and stop the common course of justice, contrary to all Law and Justice.

In few words, this Parliament, without any exception of King, Courtiers, Malignants, or any other I have yet heard of; have made a new master of the Mint, at least restored an old one to his place, who was dispossessed; coyned money, and made new stamps for that purpose, where the old were broken or worne out, without the Kings consent, or any tax of treason, or disloyalty: Therefore, by the selfesame Law and reason, they may lawfully make a new Great Seale, and Lord Keeper of it for the ends aforesaid, to supply the absence, defects, and prevent the grosse abuses of the old, without any Treason or disloyalty.

The Votes of the House of Commons, together with their reasons for the making of a new Great Seale of England, presented by them to the Lords at a Conference, Iuly 4. 5. Anno 1643.

Resolved upon the Question. ( June 14. 26.)

1. THat the Great Seale of England ought to attend the Parliament.

2. That the absence of it hath been a cause of great mischiefe to the Common-wealth.

3. That a Remedy ought to be provided for these mischiefes.

4. That the proper remedy is, by making a New Great Seale.

The mischiefes occasioned by conveying away the Great Seale from the Parliament (represented to the Lords at a Conference Iuly 5. 1643.) are these:

1. IT was secretly and unlawfully carried away by the Lord Keeper, contrary to the duty of his place; who ought himselfe to have attended the Parliament, and not to have departed without leave; nor should have beene suffered to convey away the Great Seale, if his intentions had been discovered.

2. It hath been since taken away from him, and put into the hands of other dangerous and ill affected persons; so as the Lord Keeper being sent unto by the Parliament for the sealing of some Writs, returned answer, That he could not Seale the same, because he had not the Seale in his keeping.

3. Those who have had the mannaging thereof have imployed it to the hurt and destruction of the Kingdome sundry waies. By making new Sheriffes in an unusuall and unlawfull manner, to be as so many Generals or Commanders of Forces raised against the Parliament. By issuing out illegall Commissions of Array, with other unlawfull Commissions, for the same purpose. By sending forth Proclamations against both Houses of Parliament, and severall Members thereof, proclaiming them Traitors, against the Priviledges of Parliament and Lawes of the Land. By sealing Commissions of Oyer and Terminer to proceed against them, and other of His Majesties good Subjects adhearing to the Parliament, as Traitors. By sending Commissions into Ireland to treate a peace with the Rebels there, contrary to an Act of Parliament made this Session. Besides, divers other Dangerous and illegall acts have been passed under the Great Seale, since it was secretly conveyed away from the Parliament, whereby great calamities and mischiefes have ensued, to the Kindomes prejudice.

The mischiefes proceeding through want of the Great Seale.

1. THe Termes have been adjourned; the course of justice obstructed.

2. No originall Writs can be sued forth without going to Oxford; which none who holds with the Parliament can doe, without perill of his life or liberty.

3. Proclamations in Parliament cannot issue out, for bringing in Delinquents impeached of High-Treason or other Crimes, under paine of forfeiting their estates, according to the ancient course.

4. No Writs of Error can be brought in Parliament, to reverse erronious judgements; nor Writs or Election sued out for choosing new Members, upon death or removall of any; whereby the number of the Members is much lessened, and the Houses in time like to be dissolved, if speedy supply be not had, contrary to the very Act for Continuance of this Parliament.

5. Every other Court of Justice hath a peculiar Seale; and the Parliament, the supremest Court of England, hath no other Seale but the Great Seale of England; which being kept away from it, hath now no Seale at all; and therefore a new Seale ought to be made.

6. This Seale is Clavis Regni; and therefore ought to be resident with the Parliament, (which is the representive body of the whole Kingdome) whiles it continues sitting; the King, as well as the Kingdome, being alwaies legally present in it during in Session.

FINIS.

Errata: Omissions.

IN the Humble Remonstrance, p. 6. l. 2. 5. R. 2. c. 2, 3 10 E. 4. c. 3. omitted p. 21. l. 26. Sancitum, p. 25. l. 37. Acres, r. Hydes. p. 27. l. 21. And. p. 29. l. 9. Mariners. p. 31. l. 7. nee.

In the Opening, c. p. 5. l. 4. hoc, r. hanc.

( a )

Psa. 27 1, 2, 3, 3, 6, 118. 6. Jsa. 51. 12

( b )

Jsa. 18. 2, 31. 3, 28, 7. 8.

( c )

Psa. 33 119, 5. 7. Ioh. 20. Revel. 1. 5

( d )

Psal. 37. 7.

( e )

Jsa. 41. 10. 13. 14 40. 31

( f )

Revil. 2. 13, 3. 8. Psal. 119. 167. 168.

( g )

Psal. 116. 8.

( h )

Goodwins Catol. of Bb. Dr. Bast. illegible ansiver to the information: the 2, third parts of his Letany

( i )

Revel. 12. 7, 14. 4, 15. 3, 20. 4.

( k )

Revil. 18. 4.

( l )

Psal. 2

( m )

1. Cor. 7. 9. 30. 31, illegible . 2. 15. 16.

( n )

Matth. 10. 37. 38. 39.

( o )

Mark. 13. 13. Joh. 15. 9, 16. 2. 3

( p )

loh, 14. 16, 17, 18, 27, 16. 33.

( q )

Psul. 37. 16.

( r )

Psal. 119. 67. 71, 75.

( s )

Mat. 19. 21, 22, 23, 16. 24, 25. Luke, 14, 26, 27.

( t )

Mat. 10, 23. Luke. 12, 8, 9.

( v )

Jsa. 5, 2. 1 1. 1 Cor. 6. 17. Revel. 14

( x )

Revel. 14, 9, 10, 11 17, 8, 19, 20.

( y )

Heb. 6 1. 10. 1, 7. Rev. 1, 5.

( z )

Rom. illegible 37.

( a )

Rev. illegible illegible 4.

( b )

Psa. 34 1, 2, 3, 4, 10 3, 1, 2

( c )

Psal. 119, 141.

( d )

Jsa. 4, 1, 3, 26, 4, 5.

( e )

Psal. 27, 13.

( g )

Psal. 31, 5, 119, 94.

( h )

Psal. 119, 10, 66, 34.

( i )

119, 112, 118, 157.

( j )

Philip. 1, 6.

*

See 2. Cor. 8. 23.

*

See Gen 14. 12. c.

*

וִּלְחַצְתֶּם Et opprimetis, vel opprimite Arias Mont. Comprimit Jun Trem.

*

Si enim illegible hostes ex ertos, no tantum vind i ces occultos, agere illegible lemus, de esset nobi vis numerorum illegible —Externi sumus, ve stra omni implevimus, urbes insulas, ca stella, municipia, conciliabula, illegible ipsa, c.—Cui bello non idonei, nonprom pti suissemus, c. Tertul. Apolog. Cap. 37.

*

Revel. 13. 10.

*

Doctumgenus indoctissimorum Hominam, vix ad Doroberniom usque docti. Erasmus.

*

Hosea 4. 1. 6.

*

Cari sunt parentes, cari illegible propinqui, familiares; sed omues omnium caricates Patria una complexa est; pro qua illegible dubiter mortem oppetere, si ei sit prosuturus? Quoest detestabilior idoium immanices, quilacerant omni illegible Patriam, in easunditus delenda occupati sunt, fuerunt, Cicero de Officiis l. 1. p. 614.

( a )

See all his Majesties Declarations and Proclamations concerning the Militia, Commission of Array, Hull, The Complaint against the Parliament.

( b )

See the Parliaments Remo. strances, Declarations touching all these particulars, specially Nov. 2. 1642.

( c )

See Dr. Jones his Booke of Examinations, Printed by the Houses Order.

( d )

1 Sam. 8. 11 12. 20. c. 13. 2. to 17. 2 Sam. 8. c. 11. 1. c. 12. 19 30. c. 18. 1, 2.

( e )

Pcli. l. 3. 5

( f )

Hist. l. 6.

( g )

De Offic. l. 2.

( h )

De Dignitate Regum Hispaniæ c. 18.

( i )

See Munsters Cosino. l. 2. c. 18, 19, 20. l. 4. c. 59.

( k )

See illegible Impe. Hist. illegible Zenar. Velater. Polyb. hist. l. 6.

( l )

See the Bils for Tonnage Poundage, and Subsidies of Temporalty Clergy.

( m )

See their Petitions to this effect, and their Remonstrance, Nov. 2. 1642.

*

See the Remonstrance of the Lords and Commons Novemb. 2. 1642.

( n )

Archaion p. 135.

*

3 Edwa. 3. 6. 17. 19. E. 2. illegible Execution 247. 8. H. 4. 19. a. 3. H. 7. 1 c. Cookes Institutes on Magna Charta f. 193. 13. E. 1. c. 38.

( o )

Cooke Ibid. p. 558. 559.

( p )

Cooke Ibid. No. Nat. Bre. 163. 164. Register, part. 1. 177. 178. 28 E. 3. c. 6. Stamford l. 1. f. 51.

( q )

7. H. 4. c. 15. 8. H. 6. c. 7

*

Institutes on Magna Charta f. 174. 175.

*

Grafton p. illegible .

( r )

The following footnote text is unreadable and Liberty Fund has made no effort to partially transcribe it.

*

The following footnote text is unreadable and Liberty Fund has made no effort to partially transcribe it.

*

See illegible Institute, on illegible Charts f. 538.

( f )

illegible Hist. p. 785. to 790. See Walsingham Fabian, illegible illegible Stow, illegible in his life. Anno 1. illegible

( t )

Walsingham. Hist. Angl. An. 1295. p 25. See illegible Speed, p. 653. illegible illegible .

( u )

Grafion, p. 227. 222, 223.

( x )

illegible Paris, Anno. 1240. p. 561, 562, 563.

*

Pa. 562. 563.

*

Matthew Paris, An. 1248. p. 718, 719. 725, 726, c.

( y )

Matth. Paris, An. 1256.

*

Nota.

( z )

illegible illegible An. illegible . p. 933, 934, 935.

( a )

Walsingham An. 1311. Hist. Angl. p. 71.

( b )

Walsingham Hist. Angl. p. 37 38, c. illegible Neustriæ, Anno. 1297. p. 83. 1087.

( c )

Matth. Paris, Annos 1205. p. 204.

*

Walsingham, Hist. p. 319, 320, 321, c.

*

Walsingham, Hist. p. 332.

( d )

illegible p. 255, 256. illegible p. illegible .

( e )

L. 1. Rom. Hist. Dec. 2. 3. l. 5. Dec. illegible l. 8. Dec. illegible l. 9. D. 1.

( f )

Hist. l. 6.

( g )

illegible Hist. illegible

( h )

The following footnote text is unreadable and Liberty Fund has made no effort to partially transcribe it.

( i )

The following footnote text is unreadable and Liberty Fund has made no effort to partially transcribe it.

(*)

The following footnote text is unreadable and Liberty Fund has made no effort to partially transcribe it.

( k )

Bodins Commonweale l. 1. c. 10. p. 162 to 166.

( l )

Rerum Stoticarum. l. 9. p. 334. l. 7. p. 234.

( m )

illegible R. 2. c. 7. See Rastall, Taxes, c. 25. E. 3. Stat. 9.

( n )

Abridgement of Stat.

( o )

1 E. 3. c. 7. 18 E. 3. c. 8. 25 E. 3. c. 8. 4 H. 4. c. 13. 11 H. 7. c. 18. 19 H. 7. c. 1, 2. 5 R. 2. c. 10. 1 H. 5. c. 9. 2. 3 E. 6. c. 2. 4, 5. Phil. Mar. c. 3. 5 Eliz. c. 5. Littleton Chapter of Escuage; Cooks Institutes on it f. 68. to 75. Fit. Nat. Bre. s. 83, 84. 7, H. 4. Fitz. Tenures, 44. 73. The Acts for pressing illegible this Parliament 1 H. 6. c. 5. 18 H. 6 c. 18.

( p )

1 H. 4. c. 7. 2 H. 4. c. 21. 7 H 4. c. 14 8 H. 4. c. 1. 6. c. 2. 19 H. 7. c. 14.

( q )

9 H. 9. c. 3. 4 H. 6. c. 2. 14 E. 4. c. 2. 8 H. 6. c. 13. Fitz. Brooke Tit. Protection, 11 E. 4. c. 1, 2, 1 H. 7. c. 6. 49 H. 7. c. 4. 7 H. 7. c. 1.

( r )

1 H. 6. c. 5. 14 H. 7. c. 7. 2 R. 3. c. 4. 5 R. 2. Stat. 2. c. 3.

( s )

13. R. 2 c. 20. 14 E. 4. c. 10.

( t )

2 R. 2 c. 4. 13. c. 5. 15 R. 2. c. 3, 5 R. 2. c. 3. Stat. 2. 2 H. 4. c. 11. 2 H. 5. c. 6. 18 E. 3. c. 3. 14. H. 6. c. 6 7, 8. 2 H 5. c. 6. 29 H. 6. c. 2. 4 H 5. c. 7. 14 E. 4. c. 4. 18 H. 6. c. 9. 28 H. 8. c. 15. 37 H. 8. c. 4.

( u )

21 R. 2. c. 18. See Spelmans illegible Admiral illegible illegible illegible 260. 10 H. 6. c. 5. 4 E. 4. c. 11. 37 H. 8. c. 1. 23 Eliz. c. 4.

( x )

2 R. 1. c. 4. 18 H. 7 c. 18, 19. 7 H. 7. c. 1. 3 H. 8. c. 5 2 E. 6. c. 2. Phil. Mary, c. 3. 5 Eliz. c. Dyer 211. Cocke 6. illegible f. 17. 1

( y )

35 Eliz. c. 4 39 Eliz. c. 21 43 Eliz. c. 3.

( z )

7 R. 2. c. 16 15 R. 2. c. 7. 7 H. 7. c. 6.

( a )

2 H. 4. c. 12 18. 20. 28, 30, 31, 32, 33. 1 H. 5, c. 6, 7. 3 H. 5 c. 3. 4 H. 5, c. 6, 7. 7 Jac. c, 1. 15 R. 2. c. 7. 17 R. 2. c. 7. 4 H 5. c. 6. 1 H. I. c. 3.

( c )

2 H. 5. c. 6. 4 H. 5. c. 17. 14 H. 6. c. 7, 7. 29 H. 6 c. 2. 14 E. 4. c. 4

( f )

Common, wealth l. 1. c. 10

( b )

3 E. 1. c. 7.

*

15 R. 2. c. 7. 8 H. 6. c. 3. 14 H. 6 c. 8. 20 H. 6. c. 12. 23 H 6. c, 6 27 H. 6. c, 2. 12 E. 4. c. 3. 17 E. 4. c. 1.

*

See 13 R. 2. c 1. 27 E. 3 c. 17 1 H. 6. c. 5. 9 H. 5. c. 3. 4 E. 3. c 8

( d )

illegible hist. l. 6. illegible Munster, illegible Zenaras in the Roman Emperours lives, Seldens Tit. of Henor.

( e )

Arist, Polin. l. 3. 5. I Sam. 8 11, 12. 22.

( g )

Walsingham hist. Ang. p. 458 Spe. hist. p. 1108 1109, 1120.

( h )

Graft. p. 647 Halls illegible 39 H. 6. f. 182. Sp. 362. Holmshed, Stow, illegible 38, 39 H. 6.

( i )

See the Remonstrance of both Houses, Nov. 2. 1642.

( k )

See Littleton, sect. 378, 379. and Cooke illegible Fitz. Nat. f. 113. a. Cooke 7. f. 5. 14 E. 3. c. 1. 11 R. 2 illegible 1 42 E. c. 4.

( l )

Plowd. Com. f. 245. 221. 250 34 H. 6. f. 34. Cooke Instit. on Littleton. f. 15. b.

( m )

illegible H. 6. illegible 7. Fitz. Devise. 5. 1 H. 5. Executors. 108. 21 E. 4. 45. b. 21 E. 3. 39. 24 E. 3. 42. 11 H. 4. 7. Fitz. Quare Imp. 35. 53. 54. 115, 118, 189. Presentment ab Esglise, 11 Livery. 23, Cooke, l. 9. f. 97. 16 R. 2. c. 1. 4 1 H. 6. c. 5.

( n )

21 R. 2. c. 9. Cooke, l. 8. The Princes case. 28 H. 8. c. 7. 35 H. 8. c. 1. 1 H 6. c. 5. 25 H. 8. c. 22.

( o )

1 H. 5. c. 9. 31 H. 6. c. 7. 10 R. 2. c. 1.

( p )

14 E. 3. Stat. 2. c. 1. 5 R. 2. c. 3. All Statures that give Subsidies, Tenths, Tonnage or Poundage, See Rastall Taxes, c.

( g )

See before illegible 5. f. 15. 14 E. 3. c. 1. 10 R. 2 c. 1.

( h )

See illegible illegible illegible Corporations, Deane Chap. Parson.

( i )

Speed p. 419 illegible Paris p. 2.

( k )

Mat. Paris hist. illegible illegible illegible of the Popes illegible Monarchy, p. 252. 10 255. illegible illegible

*

Mat. West. illegible 124 illegible p. illegible illegible 197. Walsingh. illegible Neust. p. 60. Mat. Paris p. 646.

*

Hist. p. 868.

*

Walsingham, hist. p. 112. Damels hist. p. 220 illegible p. 688.

( m )

Graf. p. 401

( n )

1 H. 5 c. 9. 10 R. 2. c. 1. Graft. p. 90, 149 Mat. Par. p. 306 308. Sp. p. 597 Daniels hist. pa. 78, 79, 80, 123

( o )

7. E 4. 17. Dyer. s. illegible . 283. b. 1. R. 3. c. 5.

( p )

See Rastal Wards, illegible Regis c. 9. 10. 32. H 8. c. 46. Br. Idect. 2. 3. Cooke. 4 Rep. f. 126, 127.

( q )

7 H. 4. 17. b. 21. E. 3. f. 47. 7. E. 4. 17.

( r )

14. E. 3. c. 1 Stat. 2. 5. R. 2. c. 3. 10. R. 2. c. 1. 1. H 5. c. 9. 31. H. 6. c. 7.

( s )

12. E. 4. c. 3. 6. H. 8. c. 14. 1 E. 6. illegible 1. 3. illegible c. 18. 1 E. 2. c. 20. 1 Jac. c. 23. and the Acts this Parliament.

( t )

Anno. 1625 illegible 44.

( u )

Judge Crookes Argument, p. 1. 106.

( x )

Speeds Hi. p. 1213. 1219. 1220. Cambden Elizabeth, An. 1601. p. 205. 10 209.

( y )

15 H. 6. c. 3. See Master Seldens Mare Clausum.

( z )

See Master Seldens Mare Clausum, and illegible answer thereto, and illegible his Mare illegible

( a )

4 H. 6. c. 7, 8 2 R. 2. c. 4. 27 E. 3. c. 17. 2 H. 5. c. 6. 4 H. 5. c. 7 18 H. 6. c. 9. 20 H 6. c. 3. 4 E. 4. c. 5. Speeds Hist. p. 1195. Martinus illegible de illegible de Belle, 18 E. 3 c. 8. 3 E. 4. c. 2.

( b )

20 E. 3. Fitz Ayd. 2. Ayde Le Roy. 43. 65 70. 57. 71. 76. 93. 98. Ass. 20. 11 H. 4 26. 2. H 4. illegible 10. 14 H 4. 10. 19. 36. 44. E. 3. 16. 44. 21 E. 3. 24. 44. Quare Imp Fitz. 62. 68. 152 195. Col. 5. 57, 58: l. 7. 19. 22 E. 4. 44. 21. H. 1. 7. Ash. Alien. 7.

( c )

19 E. 4. 6. Magna Cart. c. 30. 14 E. 3. c. 2. 27. E. 3. c 2. 17. 2 R. 2. c. 1. 2 H. 5. c. 6. 4 H. 5 c. 7. 1 H. 6. 3. 18 H. 6 c. 9. See Speeds History p. 1213. 1219, 1220.

*

Cicero de Legibus.

( d )

Matthew Paris p. 251. 252. Daniel, Hist. p. 143, 144. 145.

*

Matthew Paris, Hist. p. 264, 265.

( e )

Judges 16. 8. 9 11. 12.

( f )

Math. Paris p. 940. to 965. Grafion, p. 138. 154. Speed. p. 634. to 642. Fabian Part. 7. f. 70. to 99. Matthew Westminster, Holinshead, and Daniel in his life.

( g )

Mat. Paris, p. 960. Marth. Westm. An. 1161 p. 306, 307.

*

Mat. Paris, p. 961. Dan. hist. p. 179. 180. Mat Westm. An. 1263. p. 311. 316.

( h )

Mat. Paris, p. 152, 153. Sp. p. 636.

*

Patt I. p. 8.

( i )

Hals illegible illegible 33. 39 H. 6. f. 168. 10 176. Stow illegible illegible Edit. illegible p. 400. 404. illegible p. 627, 628, c. illegible p. 855. 856, 857 Fahian part 7. p. 458, 10 468.

( k )

5 H. 7. b. Bir. 141. 22. E. 4. 35. b. Bir. 202. B. Fitz. Imprisonment, 6. 12. Hist. illegible Compto de Pace, f 97 98. 113, 114. 132. 1. c. 38. 7 R. 2. c 6. 13 H. 4. c. 72. H. 5. c. 6. 8. 5 R. 2 c. 5. 17 R. 2. c 8. 19 H. Act. 7. c. 13. 3 E. 6. c. 5. 1 Maria c. 12.

( l )

Livi. Hist. l. 1. 2. 4. illegible Hist. l. 6. Dienys. Hal. l. 2. c. 2. Bodins Commonweale l. 1. c. 10 l. 5. Sce the Appendix.

( m )

Polit. l. 3. c. 11.

( n )

De Rege illegible Instit. l. 1. c. 8, 9.

*

illegible Commonweale, l. 5. c. 5.

*

illegible Rerum illegible p. 588, 589. 723.

*

Ibid. p. 724.

*

The following footnote text is unreadable and Liberty Fund has made no effort to partially transcribe it.

*

Nicholases illegible de Rebus Ungar. Hist. l. 6. f. 84, 85. Bodins Commonweale, l. 1. c. 10. p. 167. illegible Rom. Hist. l. 31. 35. Bodin. Commonweale, l. 3. c. 1.

*

Bodin Ibid.

*

Bodins l. 1, c. 10.

*

Matthew Paris Hist. Angliæ p. 835.

( o )

illegible Historia, Sletdan l. 8. 18. 22. Grimsten Imperiall History, in Rodulph 2. and Ferdinand, the second.

*

Lambard, Archaion, f. 135 De Heretochus.

*

P. 232 348, 349.

*

See Master Seldens Titles of Honour, p. 605.

*

Bodins Commonweale, l. 3. c. 1. p. 273.

*

illegible Imperiall Hist. p. 71.

*

Bodin. Com. l. 3. c. 1. p. 273.

*

Cookes instie. on Lit. f. 110. Cambdens Brif. p. 177 Holinsheds Description of England c. 8. p. 113. and Annals of Ireland, p. 120. to 130. Brooke, Crompton, Cowel, Minshew Tis. Parlem. Sir Thomas Smiths Commonwealth. l. 2. c. 1. 2.

( p )

14 H. 8. f. 3. b.

*

See illegible Sect. 297. 314. 323. Cookes Instit. illegible

*

See all his Majesties late Proclamations, Protestations, and printed Declarations of this nature.

*

Seneca de Clementia, l. 2, c. 2.

*

Anno 1641, 1642.

See the Remonthrance of the Lords and illegible illegible 2. illegible

*

Lord Faulkland, L. Scymor, L. Digbey, L. Savil, Sir Jo. Culpepper, Sir Edward Deering, Mr. Helborne, Mr. Hide, c.

*

See the Parliaments Remonstrance, Nov. 2. 1642.

*

The following footnote text is unreadable and Liberty Fund has made no effort to partially transcribe it.

*

See; Car. c. 6, 7.

*

The following footnote text is unreadable and Liberty Fund has made no effort to partially transcribe it.

*

Fitz. Corone. 192. 194. 258. 276. 261. 21 H 7. 39. 24. H. 8. c. 5. Stamford, f. 13, 14. Cooke l. 4. 91, 92. See illegible Paris Hist. p. 264, 265, 266.

*

See the Parliaments second Remonstrance concerning the Commission of Array.

*

See this fully proved in the Parliaments second Declaration.

*

Quæ alia illegible la esset, si illegible ursique regrarent? Si serpentibus in nos, acnexissimo cuique animali daretur potestas? Illa rationis experria, illegible immanitatis crimine damnata abstment suis, tuta est etiam inter feras similitudo: Apud Romanoi tantum, nec a illegible quidem rabies remperat sibi. Sences de Clem. l. 2. c. 26.

*

Nulii Regi gloria est ex seva illegible At contra maxima, si vim suam continet, si mulios iræ alienæ eripuit, neminem suæ impeudit; Senecade Clementia. l. 1. c. 17.

*

The following footnote text is unreadable and Liberty Fund has made no effort to partially transcribe it.

*

The Relation of the taking of Cicester, and the Prisoners Relation.

*

Quanto autem non nasci melius fuit, quam numerari inter publico malo natos? Sencea de Clementia l. 1. c. 18.

*

The Kings Letter on Saturday, April. 8. 1643 to the houses.

*

De Clementia l. 1. c. 24.

*

See the Parliaments Declarations and Parliament-mens Speeches to this effects

*

1 Kings 11. 1 to 12.

*

See the Parliaments Remonstrances Declarations to this effect.

*

See Doctor Iones his book of Examinasons published by Order of both Houses.

*

illegible of the Petition of Right.

*

Concerning the breaking up of the Parliament, and before the 39. Articles of Religion.

*

Mat. Paris Hist. p. 243. to 256 illegible p. 143. 144. 845.

*

Mat. Par. Hist. Angl. p. 240. 421. 430. illegible Hist. p. 157, 158.

*

Mat. Par. An. illegible 1838. 839. The Stat. illegible Dan. Hist. p. 169. Speed p. 28. Mat. illegible Holinshed, illegible illegible illegible 1253.

*

Daniel, p. 169.

*

Math. Paris p. 839.

*

Psal. 146. 3; Psal. 62, 9.

*

Math. Paris p. 815. 816. speea p. 627. 628. Daniel p. 167. 168.

*

Mathew Paris. p 826. 827. Daniel p. 168,

*

See Constit. Concil. de Reding. cap. de sentent. excom. public. in Iohn de Aton. s. 131.

*

Daniels History p. 260.

*

5. E. 3. c. 9. illegible 15. E. 3. Stat. 1. c. 2, 3. 25. E. 3. Stat. 5, c. 4. 28. E. 3. illegible 3. 37. E. 3. c. 8. 38. E. 3. c. 9. illegible E. 3. illegible 3.

*

The Revocation of this Statute made 25. Ed. 3. in the Statutes illegible large.

*

Hist. Argl. p. 371.

*

Sentca De Cienteutia l. 1.

*

See the Remonstrance of the Lord and Commons, May 26. illegible and Novem. 2. illegible

*

See Pluter Numa Pom: Pilius, Livie, l. 2. Bodin com Weale l. 3. c. 1.

*

Prov. illegible 14. c. 15. 22. c. 24. 6.

*

Eccles 4. 9. 10 13.

*

See 7. H. 4. c. 2. 26 H. 8. c. 22. 28. H. 8. c. 7. 35. H. 8. c. 1. 1 Eliz. 2. cap. 1: Cooke 8. Report: The Princes Case.

*

Novem. 2. 1642, and May 26. 1642.

*

De Clementia l. 1. c. 29.

a

Object. 3.

See his Majesties Answer to the P arliaments first Propositions, with other Declarations and Treatises on his part.

b

Answ. I.

Page 17. 18. 19.

c

De illegible illegible Argliæ c. 13. 14.

d

Livy. Hist. l. 1. 2. 3. illegible Hal. Antiq. Rom l. illegible 3. illegible Hist. l. 6. Bodin, Commonwealth, l. 1. c: 10.

e

Arist. polit. l. 2. 3. 5. Xenophon. de Lacedam. Republica; Diodoras sic. illegible Hist. l. 1. 3.

f

2.

illegible Inst. on Magna Charta l. 174. 175. 558. 559. 566.

g

3.

Croke Ibid. 284. 3. c. 6. No, Nat. Br. 163. 164. Register part. 1. f. 177. 178. Stamford. l. 1. c. 5 1. f. 49. Brooke Corporations Kitchin. f. 47. 48.

h

See Antiquit. Eccle. Brit. illegible Cat. of Bishops and Antiquities, illegible Hist. illegible p. 34. 36. 50. 76. illegible 97. 109. 111. 111. 13 illegible 132. illegible de Gestis, illegible illegible

i

25. E. 3. Par. 6. 9. H. 4. c. 8. 13 R. illegible stat. 2. c. 2. illegible

j

15 E. 3. c. 3. 4. 5. Stamford illegible of illegible Courts, f. 1. to 10. Raslat Parl and the Statuts there cited.

l

illegible Saint Johns Speech against Ship-money, p. 33. Speed, p. 762, 763. illegible Chron. f. 10. 11. 12. illegible -part 7 p. 173. to 179.

k

Stamford Ibid. Modus illegible Barliamenium, Combdens Brit. p. 176. 177. Sir Tho. illegible Common-wealth, l. 2. c. 1. 2. illegible illegible Description of England, c. 8. f. 173. Chron. of Ireland, f. 117. 128. illegible Dist. Tit. Parli. Cookes Instit. on Litt f. 109. 114. 9. Report. Epist Dedicatori.

m

39. H. 6. c. 1. Hals Chron. 39. H. 6. f. 182. Graftons illegible 647.

n

25. illegible Stat. 3. 4. 5.

o

See the Prefaces of most ancient Statutes in Ed. 1. 2. 3. 4. Rich. 2. H 4. 5. 6. 7. reignes, Cremptons Iuris. of Courts. f. 1. 10. 7. The Writ of Election, 15. E. 3. c. 3. 4. 5.

p

See Mr. illegible Johns speech concerning Ship-money: 1640.

*

Chapter of Estates upon, Condition, sect. 378. 379. and Cookes Instit. f. 378. 379.

q

See Exiliam Hugonis le Despenser old Magna illegible part. 2. f. 50. 52. Cooke l. 7. Calvins case f. 114.

( r )

See Hoveden, Mat. Par. Mat West. Fabian, Polye. Graf. Speed, Holinshed and Nubrigenfis in the life of R. the illegible and Goodwin in this Bishops life.

s

Wals. Holin. Speed, Graft. in Ed. 1. and Cookes illegible on Littleton. f. 133. a.

c

See Exilium Hugonis illegible Wals. illegible Holin. Grast. Speed in the life of Ed. 2.

f

illegible illegible Iohns Speech against Ship-money. p. 22. 23.

g

illegible R. 2. illegible 1. to 7. Wil. illegible Graf. Holin. Speed in 11. R. 2.

h

1. H. 8. c. 15 Holl, Speed, Graston, Stow Martin in H. 8. Ed. 6.

i

Antiq. Ecclesiæ Brit. pa. 275. 281. illegible Walsing. Hist. p. 181 Ypodigm. Neust. p. 132. Caxton. part. 7. 46. E. 3 Grast. p. 317.

k

Antiqu. Eccles. Brit. pag. 21.

*

R. 2. c. 12. Grast. p. 352. 353 Walsing. Ypodig Neust. p. 146. 147.

l

Commonwealth. lib 1. c. 10 p. 167. 168.

m

The following footnote text is unreadable and Liberty Fund has made no effort to partially transcribe it.

n

The following footnote text is unreadable and Liberty Fund has made no effort to partially transcribe it.

o

The following footnote text is unreadable and Liberty Fund has made no effort to partially transcribe it.

p

Hieronym. illegible illegible rerum Comment. p 588. 589. 590. 716. to 724. 747. to 762.

q

The following footnote text is unreadable and Liberty Fund has made no effort to partially transcribe it.

r

The following footnote text is unreadable and Liberty Fund has made no effort to partially transcribe it.

*

Bodin. l. illegible c. 10 and the generall History of Venice.

*

See Munster Pontanus, illegible Magnut, and others.

t

Bodin. l. 1. c. 10. Cassiodor. l. 1. Epist. 6.

u

The following footnote text is unreadable and Liberty Fund has made no effort to partially transcribe it.

x

Bod. l. 1. c. 10 l. 2 c. 5. Cassanæus Catalgloriæ mandi. cor sid 24.

y

Math. Paris p. 835.

z

Bodin. l. 1. c. 10.

a

Fabian part 7. p. 182. to 190.

b

Bodin. l. 1. c. 10.

c

Walsin. List. p. 235. 236. Fabian. part. 7. pag. 317.

d

Math. Paris Hist. An. 1214. 1215. p. 243. to 286. Math. Westin. Wal: sing. Y pudig. Polichron. Fabian illegible Grasion, Stow. Hollinshed Polydor. illegible A illegible . 1412 illegible p. 143 144. Speed p. 578 to 567.

e

Fran. Thin his Catalogue of Protectors. Holinshed vol. 3. Col 1073.

f

The following footnote text is unreadable and Liberty Fund has made no effort to partially transcribe it.

g

Math. Paris p. 456. Franc. Thin, his Catalogues Chancellors ’in Holinshed volum. 3. c. fol. 1175. Math. West. An. 1238. pag. 149.

h

Math West. An. 1248. pag. 229. 233. Math. Paris An. 1248. pa. 719. 720. 725 illegible . Paris Hist. An. 1230 p. 415. Daniel. Hist. p. 157. Edit. 1634.

x

illegible Paris An. 1244. p. 619. to 623 illegible Hist. p. 161. 162.

h

Mat. West. An. 1248. p. 219. 233. Mat. Paris, An. 1248. p. 719. 720. 725. See p. 410, 411.

*

These ill Councellours forgot, that there is a great vast difference betweene private illegible servants of the king, and illegible illegible of the kingdome; so that their Argument is but a fallacy.

*

But the whole Parliament and kingdome which they represented were notin-feriour but above the king himself who was but the kingdomes Officer and publike servant; and so this reason made more against then for the king.

*

Mat Par. Hist. p. 740: Dan. p. 165.

*

Dan. p. 171: 172.

1

Mat. Par. p. 940 941. 932 960. illegible West. An. 1258 to 1262 p. 277 278 300. 307. to 312. illegible . illegible . 7. p. 64. to 73. Graf. p. 137. to 145. Speed p. 635. 636. c. illegible . illegible Dan. illegible , and others.

*

See Francis Thin his Catalogue of Chancellors of England, illegible , vol. 3. Col 1275. illegible History. p. 139. illegible .

( c )

The following footnote text is unreadable and Liberty Fund has made no effort to partially transcribe it.

( f )

Speed. p. 680.

*

Note this. And the like Law was enacted in. 1. H. 4. Fabian, part. 7. p. 376.

g

See the Preamble of this statute accordingly in the Statuts at large.

h

See the revocation of the Statute the same yeare by Proclamation; in the Statutes at large.

n

Walsin. Hist. Arg. p. 185. 186. 187. Fabian. part. 7. p. 260. Grest. p. 320. 321. Speed. p. 722. Hol., Ypodig. Neust. P. 134. 135.

(o)

Walsing. Hist. Angl. An. 1277. p. 187. illegible Thin his Catalogue of Protectors. Holinsh. vol. 3. Col. 1076. 1077. Walsi. illegible Neust. p. 134. 135. illegible Dan. Hist. p. 257. 258. 259.

p

Walsin. Hist illegible An. 1. R 2 p. 198. 199. Speed. p. 728.

*

illegible Paris Hist. p. 420. 421. illegible p. 157.

q

illegible Hist. Argl. p. 196. 197.

r

Walsin. Hist. Argl. p. 143. Fran. Thin his Cat. of Protectors. Holinsh, vol. 3. Col. 1077.

( s )

illegible Hist. Angl. p. 243. Fra. Thin his Gatal. of Chauncellours, Holinsh, vol. 3. Col. 1282.

t

Wal. Hist. p. 300. Holinsh, vol. 3. Col. 1182.

u

Hist. 737.

*

Note this.

x

Hist. Ang. p. 311. 312.

y

Walsi. Hist. Epi. 348. 349. 351 352. 353.

z

Walsigham Hist. p. 354.

*

Hist. illegible p. 372.

a

10 R. 2. c. 1. 11. R. 2. c. 1. 2. 3. 21. R. 2. c. 12. 1. H. c. 2. 3. 4. See Wal. Fab. illegible Grast. Speed, Trussell, in 10. 11. R. 2.

b

10 R. 2. c. 1.

d

See Walfia. Fab. Speed, Grast. Holin. Stow, John illegible illegible R. Baker, in 10. 11. 12. 13. of R. 2.

*

Institutes on illegible f. 234.

e

See 1 E. 3. c. 7. 8. 34. E. 3. c. 1. 38. E. 3. Stat. 2. c. 4. 4. H. 4. c. 18. 2. H. 5. stat. 2. c. illegible 8. R. 2. c. 3.

*

3 R. 2. Rot. illegible 11.

h

11. Hen. 4. Rot. Parl. Nu. 39.

i

Ibid. illegible 44.

k

Halls Chron. 5. H. 5 fol. 55. Grast. p. 464. Thin, and Hollinsh. vol. 3. Col. 1078.

*

Rot. Parl. 13. R. 2. num 9 num. 21 Mr. Seldons Titles of Honour, p. 503. 504. Walsing. Hist. Angl. 13. R. 2.

( l )

Walsingh. Hist. Ang. p. 459. Hall. Grast. Fabian. illegible illegible Trussel. 1. H. illegible

( m )

4. H. 6. f. 94. to 100

( n )

vol. 3, 4, H. 6, p. 590, to 600.

( o )

Fox vol, 1, p. 922, to 925, Speed, Fabian, Graston, stow, Trussel, in 4, H, 6.

( p )

Hals Chron: 4, H, 6. p. 100, Graston; p. 523. Holinshed, vol, 3. p, 1079: and Francis Thin, ibid, Howes, and Stowes Chron: p, 400, 404.

(*)

Hall, Graston, How, Speed An. 33. H. 6. 34.

( q )

Hall, An. 38, and 39. H: 6, f. 176, to 183, Fabian, p, 470. Grasion, p, 643, to 648.

( r )

Speed history, p, 1108.

*

See Matth. Paris. p, 421.

( s )

14. E. 3, c, 7, 28, E, 3, c, 7. 42. E, 3, c. 9.

(*)

12, R. 2, c. 2, 1. R. 2, c, 11 Cookes Instit on Mag. Chart. f. 558; 559. 566,

( t )

1 E, 3. c, 16 14. E. 3. c, 7. and 12, R. 2. c. 2. 34, E, 3. c, 1 38, E, 3, stat 2. c, 4, 4 H. 4, c, 18, 2 H, 5, stat. 2. c, 1, 8, R. 2. c, 9. see Rastals Abridgment, Title, Iustices of Peace, Customers, c.

( u )

Modustenendi Parliamentum; illegible description of England c. 8, p. 173. and Annals, of Ireland, p, 127. c. 1 Iac. c, 1. Mr. Hackwels manner of passing Bills.

( x )

See his Majesties Answer to the Lords and Commons Remonstrance May 26, 1642.

( y )

The Remonstrance of the Lords and Commons May 26, and Nov. 2, 1642.

( z )

See Ashes Tables, errour 65, to 70. 21, Iac. c. 13. Cromptons Jurisdiction of Courts, f. 1. to 20. Smiths Common wealth. l. 2, c. 1, 2. 15, E, 3. c. 2. 3.

( a )

illegible l. 1. c. 2. 2 E. 3. f. 7. Register. Fol. 271. Westm. 2. c, 28. 14. E. 3. c. 5. illegible E. 3. stat, 2. of these that are borne beyond the seas.

( b )

Magna Charta. c. 29. and Cookes Institutes ibid. 2 E. 3. c. 8. 14 E. 3. illegible 14. 15 E. 3. c. 2. 3. 18 E. 3. stat. illegible 20 E 3. c. 1. 2. 1 R. 2. c. 2. 11 R. 2. c. 19.

( c )

Rom. 9. 15, 16. c. 11. 6. illegible gratuita non est gratia August. De Natura gratia. l. 1. c. 31. 36 E. 3. the Pardon. 43 E. 3. c. 4. illegible E. 3. c. 3. illegible R. 2. c. 10 2 R. illegible illegible 7. 1 H. 4. c. 20. 4 H. 4. c. 1. 6 R. 2. c. 13. stat. 2. c. 1. and all generall acts of Pardon.

( d )

2 Sam. 3. 3. 2 Chron 9, illegible illegible 45. 8 9. Est. illegible 13, to 22, illegible 3, 29 2 Chron. 30. 1, 108, 23. 5 Chron. 13, illegible 107, Est. 9. 27. illegible 32.

( e )

see a before, illegible l, 1. c, illegible l, 3. c, 9. illegible c, 9. to illegible Cooke. l, 7. s. 5. 11. Calvins case.

( f )

Page, 5. illegible 40.

( g )

See, the Remonstrance of the Lords and illegible Nov. 2. 1642 illegible 35, 36, 37, 38.

( h )

See, Walsingham, Hist. Angl. illegible R. 2. illegible 192, illegible 194. where the whole manner of his illegible is expressed at large.

( i )

lib. 1. c. 2. f, illegible illegible

( k )

see Brook and Fitz. Herbert. and Ash. Title Custome. Prescription. Cookes Instit. on illegible f. 110. b. 113, b. 175. b.

( l )

Cookes Instit on Littleton f. 18. b. and the Bookes there cited, Register. f. 151. Briesede illegible illegible

*

Now Malborrough.

*

Westm. the first.

*

In the Statutes at large it is c. 48. but 51. in Mag. illegible .

*

The Prologue and illegible

( a )

Register, illegible f, 7. c. illegible a.

( b )

ibid f. 10. 38. b. 127. b. 130. a.

( c )

ibid. f. 125. b, 126. 129.

( d )

ibid f. 42. a, 43. b, sec f. illegible c. to 65.

*

illegible egm.

*

Plutarch. Apo. illegible illegible p. 468.

( f )

Bract. l. 1. c. 8 l. 1. c. 16. l. 3. c. 9. Flet. l. 3 c. 3, 17. f. 5. 7. Cook l. 11. f. 72, 74. l. 7. Fortes. c. 9. to 15. Ploud. 246. 247. 487. 21 E. 3. f. 47.

( g )

Plouden, f. 246. 247. Ashes Table, Prerogat. 60. Iudge Crooks Argu. against ship-money, p. 58. to 65.

*

Pur illegible que tiel fait ne illegible mye estre Preragative on nostre Seignour le Roy quest derogatif al execution de droit et illegible

( h )

I er. 38. 5.

( i )

illegible 1. 2. Heb 6. 18

( l )

Mal 3. 6. illegible 1, 17.

( m )

illegible 18 25.

*

Dion Hist 4. Bishop lewels Defen. illegible of the Apol illegible c. 5. illegible 363.

( k )

2 Tim 2. 13

( n )

Mat. Paris p. 561, 562, 563 718, 719, 725, 726, 933, illegible 935. illegible p. 98. 185. Speed p. illegible illegible l. p. 151, illegible 160, 161, 162, 164, illegible 256.

( o )

37 illegible c. illegible 1 illegible 5. c. illegible E 6. c. 12. 13. see Iudge Crooks. Huttons argum. against shipmoney.

( p )

Polit. l. 1, 2, 3, 4, 5.

( q )

illegible l. 2

( r )

Hist. l. illegible

( s )

Decivit Dei l 2. c. 21.

( t )

De Land. illegible Ang. illegible 9. to 15.

( u )

The following footnote text is unreadable and Liberty Fund has made no effort to partially transcribe it.

( x )

The following footnote text is unreadable and Liberty Fund has made no effort to partially transcribe it.

( y )

The following footnote text is unreadable and Liberty Fund has made no effort to partially transcribe it.

( z )

The following footnote text is unreadable and Liberty Fund has made no effort to partially transcribe it.

( a )

The following footnote text is unreadable and Liberty Fund has made no effort to partially transcribe it.

( b )

The following footnote text is unreadable and Liberty Fund has made no effort to partially transcribe it.

( c )

The following footnote text is unreadable and Liberty Fund has made no effort to partially transcribe it.

( d )

The following footnote text is unreadable and Liberty Fund has made no effort to partially transcribe it.

( e )

The following footnote text is unreadable and Liberty Fund has made no effort to partially transcribe it.

( b )

The following footnote text is unreadable and Liberty Fund has made no effort to partially transcribe it.

( c )

The following footnote text is unreadable and Liberty Fund has made no effort to partially transcribe it.

( d )

The following footnote text is unreadable and Liberty Fund has made no effort to partially transcribe it.

*

Sir Tho. Smiths Common wealth l; c 1, 2, illegible ushaw. Cowell, Title Parliament illegible illegible Camld. in their Discourses of Parliaments.

( f )

illegible E. 3. c. 4. illegible E. 3. c. illegible the Bill for illegible Parl.

( g )

Grafton, p. 401, 402, Trussell, p. illegible

( h )

Polit. l 4. c. 8.

( i )

The following footnote text is unreadable and Liberty Fund has made no effort to partially transcribe it.

( l )

The following footnote text is unreadable and Liberty Fund has made no effort to partially transcribe it.

( k )

13. E. 1. illegible servitia 23. 37. illegible 6. 14, illegible illegible illegible

( m )

See Math. Paris, p. illegible to 257.

( n )

Speed, p. 597 Mat. illegible p. 305, illegible p. 151.

( o )

The following footnote text is unreadable and Liberty Fund has made no effort to partially transcribe it.

*

The following footnote text is unreadable and Liberty Fund has made no effort to partially transcribe it.

*

And in Mr. Sellent notes in illegible p. 190.

*

The following footnote text is unreadable and Liberty Fund has made no effort to partially transcribe it.

*

See Cookes Instit. on Mag. Chart. p. 45. to 64.

*

See Cookes Instit. on Mag. Chart. p. 58. to 64. 326. to 560.

*

Cooke ibid. p. 58. to 64. Rot. Parl. 13. Hen. 4. n. 10.

*

See the fourth part of the Soveraign Power of Parliaments and Kingdoms. pag. 8.

*

Rot. Parl. 3 Hen. 5. n. 50. and Cookes Magn. Char. p. 61.

*

See the Acts this Parliament.

*

See Mat. Par. Hist. Ang. p. 420, 421, 562, 563.

Walsing. Hist. Angl. p. 199. 135, 218, 235, 236, 253, 255, 301, 309, illegible 335, 337, 348, 353.

Daniel p. 122, 122, 130, 134, 140.

*

See Cookes Magn. Chart. f. 58. to 63. 528, 529.

*

See Cookes Magn. Chart. f. 231. to 235.

*

See illegible illegible p. 58. to 63. M. illegible Argument against Impositions. 7 illegible

*

11 H. 4 37. Br. Prerog. 15. 49. Ass. 8. 37 H. 6. 27. 3 H. 7. 15. 18 E. 4 7. 6 H. 7. 4. 5. 21 E. 4. 79. Br. Patents 25 51. 41. 53. 69. 73. 100. Discent 57. illegible 9. Fitz. Toll. 2. illegible c. 9. 10, 36.

*

See illegible Abridgement title, Armour and Horses.

*

Marth. Paris anno 1213. p. 224. Marth. illegible anno 1213. p. 91.

*

See the second Remonstrance of the Lords and Commons concerning the Cammission of Array, p. 31. to 35.

*

Made by King Henry 2. Hoveden. annal. illegible illegible p. 614.

*

Matth. Paris Hist. Angl. p. 53. Hoveden f. 614. Lamb f. 135. Little to illegible 97. to 101. Fitz. Nat Bre. 83. C. D. E. illegible Brit. illegible edit. illegible p. illegible 318, 325, 344, illegible illegible 519, 541, 563, 582, illegible 591, illegible 595, 602, 618, 626, 641, illegible 765, 787, 791, 794.

*

See Judge Crookes Argument in the case of Ship-money. p. 69. to. 74.

*

40 E. 3. 6. 2 E. 4. 2. 17 E. 4. 5. 10 H. 7. 22 11 H. 7. 26. 14 H. 7. 32. 15 H. 7. 2. 13 Cooke. illegible 8. 82 83 See Ash. illegible 29.

*

See 5. R. 2. c. 3. here, p. 4.

*

22. Ass 41. 2. H. 7. 11. Brook Fitz. Ash Action sur le case.

*

Magna Charta, c. 29 2. E. 3. c. 8 18. E. 3 Stat. 3. 20. E. 3. c. 1. 2.

*

History of Great Britain, l. 7. c. 44 illegible 19. p. 14.

*

Matth. Paris Hist. Ang. p. 822 625. Si nunc iterum illegible ti meri posset non immerite, ne ad consequentiam illegible cum Binus actus inducat consuetudinem. Eo ipso resistendum est quod Franci contribuerunt. Binus enim actus inducit consutudinem.

*

Wigorniensis Matthew illegible Anno 871, 873, 983, 986, 991, 994, 1002, 1007, 1011, 1041.

Polychronicon. l. 1. c. 50. l. 6. c. 15, 16. Fabian, part. 6 c. 199, 200.

Holinshed. Groston, p. 162, 164, 165, 166, 178, Antiq. Ecces. Brit. p. illegible

Speeds Hist. l. 7. c. 44 sict. 14, 22, 23. l. 8 c. 1. sict. 17 Malm illegible de illegible Regum Angl. l. 2, c. 11. p. 76, 77. John Salisbury de Nugis Cur. l. 8. c. 21. illegible Glossarium p. 199, 200 Haveden. Annal. p. illegible p. 482. illegible Termes of the Law. Tit. Danegeld, illegible Dictionary Tit. Danegeld. Damci. M. Selden, Matt. illegible illegible 2. Godwin in the life of illegible

*

Hist of Great Brit l. 7. c. 44. sect 41.

*

See Sir Edw. Cooks Epistle to illegible Report and illegible on Magna Char. p. 58 to 64

*

Red illegible

*

See p. 2. 3. 4. 5

*

Pag. 200.

*

illegible in his Les Flours des vias les Sanots. Par. 1 p. 96. illegible in the life of Edward the Confessor illegible de vitis illegible in Edw. Confessore.

*

To wit, by his forecited Law, p. 2.

*

Hoveden Anna p. 447

*

See here, p. 2. I. illegible in Ead. Notæ, p. 190, 194, 195. Speed, p. 440, 441. Hoveden, p. 450.

*

Mathew Paris, Hist. Angl. p. 53. illegible Glossar p. 200. Hoveden, Annal. pars prior, p. 468. See Hoslinshed, Speed, Graston in 1. Hen 1.

*

Matthew Paris, p. 73. illegible illegible quod illegible es illegible illegible illegible INT AE TERNVM SINGPLIS ANNIS CONDONAKET.

*

See all the Charters of our ancient Kings in Ingulphus, Malmesbury Spelman, Selden, and others made to our illegible and Prelates.

*

Spelman, Glossary. 200.

*

Matth. illegible An. 1040.

*

De Gestis Regum Anglorum, l. 2 c. 12. p. 76, 77. with whom speed, and illegible illegible

*

Hist. l. 6, p. 365.

*

See Antiquitates Ecclesiæ, Brit. and Good illegible in his life.

*

Wheres the Apostles illegible never deposed any lawfull pilnces of their Crowns or Kingdoms illegible commanded all to fear and submit unto them. Rom. 13. 1, 2 1 Tin. 2 1, 2, 3. 1 Pet. 2. 13 14

*

Hist. Angl p. 224.

*

In regard of their Tenures. See Matth. illegible p. 53. Ad Eadmerum Notæ, p. 191. Haveden, p. 614. Littleton, chap. 4 of illegible service; and Cooks illegible Ibid.

*

Set here, p. 16.

*

I. Seldenî ad Eadmerum Notæ, p. 191. Matth. Par. p. 53

*

See 5. R. 2 c. illegible Matth Paris, p. 152 153 Haveden, p. 668, 674 675

*

Note well these fitting Epithites for Projectors.

*

2 Sam. 23. 3.

*

illegible King. 13. 9.

( a )

Gen. 38 illegible 25 Exod. 28 21 c 39, 6. Deut. 31 43. Iob 14. 17. c 33. 16 c. 37 7 c. 38. 14 c 41 15. 1 King 21. 8. illegible 9 38 c. 12. 1. illegible 3 12. c. 88. 0. illegible 22 10, 11, 14, 24, Cant. 8. 6. illegible 8. 16. Dan 6 17. c. 12. 4 9. c 9 24. illegible 28. Mat. 27 66 illegible 3. 33. illegible 4. 1 illegible 1 illegible 9. 2 illegible 2 19 Revel. 5, 1, 5 9 c. 6 1, 3. 12. c 7. 1, 3 c. 8 1. c 9 4. c. 10. 4 c. 20. 3. c 22. 10 Polyd illegible de illegible 8 c 2, Hist. p. 901. illegible of the Law, Ti le illegible f. 94 Ceeks instrutes on Littleton, f 7 illegible

( b )

See illegible .

( c )

See 3. H. 7. illegible 26. Cookes Preface to the 4. illegible Termes of the Law. Title Foits.

( d )

Spelman. Concil. Tom. 1. p. 118, 119. to 126.

( e )

Spel. Gloss. Tit. Bull. p 108. Pol. Virg. De Iuven. Rerum, l 8. c. 1.

( f )

Spelman. Concil Tom. 1. p 189 to 194.

( g )

Spelm. lb. p. 207, 208, 209, 210.

( h )

Ingulph. Hist. illegible 851, 852 Spelm Concil. p. 256, 257.

( i )

Spelm. lb p. 227, to 231

( k )

Ingulph. Hist. p. 853, 854.

( l )

Spel. Concil. p 324. 325.

( m )

Ingulp. Hist. p 854, 855.

( n )

Spel. Concil. p. 335 338, 339

( o )

Ingulph. Hist. p 855 to 857. 868. to 862.

( p )

Spel. Concil. p 346, 347.

( q )

Ingulp. Hist. p. 862. Matth. Westm. An 854, 834. Spel Conc. p 350, to 354. Malm illegible . De Gest Reg. illegible l. 1 c. 2. p 41.

( r )

Ingulp. Hist. p. illegible 864.

*

Cooks Ep. to the 6 Report.

( s )

Malmesb. de Gestis Regum, l. 2. c. 7. p. 53, 54.

( t )

Ingulph. hist. p. 874. to 877. Spelman Concil. p. 428.

( u )

Ingulph. hist. p. 880. to 886.

( x )

Malms. de Gesiis Regum, l. 2. c. 8. p. 56, 57 Spelman Concil. p. 485. 486. 488. 489. 432. to 435. 1. Seldeni ad Eadmerum note p. 159, 160 Cooks Preface to the illegible Report.

( y )

Cooks Preface to the sixth Report.

( z )

Spelman Concil. p. 504. to 510.

( a )

Spelman p. 533.

( b )

Ingulph. hist. p. 893, 913, 914.

( c )

Remonstrance against shipmoney p:

( d )

Concil. tom. 1 p. 308, 310, 311, 312.

( e )

Huntindox, Antiquitates Ecclesiæ Brit. Fox Polychronicon, Holinsh. Grafton, speed, and others.

( f )

Cooks Instit. on Lit. f. 7. a

( g )

Glossar. p. 127 See Tearms illegible the Law, title Faits.

( h )

Speeds hist. p. 415. terms of the law, f. 94.

( i )

Spelman Glossar. p. illegible

*

Hist. of Eng. p. 409.

( k )

Tearms of the Law, Til. Faits, f. 94. Speed hist. p. 415.

( l )

Hist. p. 895.

( m )

In Apparatu a Stemmata Lintharogiæ.

( n )

Glossar. tit. illegible anrea, p. 106, 107.

( o )

De Invent. illegible l. 8. c. 2. see Ioan. illegible An. Tom. 3. f. 147. c.

( p )

Hist. Rhem. Eccl. illegible 3. c. 17.

( q )

Speeds hist. p. 415. Tearmes of the law, f. 94.

( r )

illegible Tom. illegible illegible to 637.

( s )

Thins Catalog. of Chancelors in Holinshed vol. 3. col. 1160. c. Spelman Gloss. p. 132.

( t )

ingulph. hist. p. 872. to 892. Spelman. Gloss. p. 126.

( u )

illegible 227. printed by Winkia de word at London, An. 1521.

( x )

See Spelmanni Glossar. tit. Cancellarius p. 125. to 128.

( y )

Spelmanni illegible p. 127, 128

( z )

Speeds hist. p. 415.

( a )

See Rastals Tearms of the Law, tit. Faits.

( b )

History p. 901.

( c )

illegible Matthew Paris, illegible illegible Hoveden Polycron. Holinshed, Speed, Daniel, and others in his life.

( d )

Speeds hist. p. 440, 450.

( e )

In Thinns Catalogue, and Spelman Gloss. p. 132.

( f )

History p. 912.

( g )

Page 165, 166. see the forme of his scale in Speeds Hist. p. 435.

( h )

History p. 450, 451.

*

I doubt Hoplands, hops and hop-yards were not then in use

( i )

Holinshed vol. 3. col. 1260 to 1280.

( k )

Glossarium, p. 132, 133.

( l )

Matth. Paris p. 53, 54. Eadmerus l. 3. p. 55. Malmes. de Gest. Reg. l. 5. Hoveden, Holinshed, Matth. west. Pabian, Polychron, Caxton, Graston Stow, illegible 1 Hen. 1. Speed p. 407.

( m )

Delatæ illegible in tuo illegible Eadme. l. 4. p. 86.

( n )

Eadmerus ibid. p. 101.

*

illegible Nov. l. 4. p. 101.

( o )

M alms. Novel. l. 1. p. 179. Huntind. Mitt. Paris, Hovedon, Mat, West. Speed Holinsh. illegible in his life, An. 1.

( p )

Annal. pars poste. p. 529, 530. see Matt. Paris p. 120, 121, 122, 124, 125.

( q )

Hoveden Annal pars posterior p. 560. to 566. Mat. Par. p. 127. see Holinsh and Speed in his life

( r )

Hoveden An. pars post. p. 570. 571. Mat. Paris p. 128. see illegible Graston, Speed, Daniel, illegible

( s )

Annal. pars illegible p. 572.

( t )

Matth. Paris illegible p. 94. Antiquitates Ecclis. illegible p. 122. Godwins Catalogue of Bps. in the life of Becket, illegible Catalog. of Chancelors, Holinshed in illegible 2.

( u )

Annal. pars illegible p. 748.

*

Geoffry.

( y )

Lib. 2. illegible de Crimine illegible Majest.

( z )

Lib. 1. c. 8. f. 16. Stanfords Pleas lib. 1. c. 1.

( a )

Annal. part poster. p. 551, 552, 553.

( b )

Mat. illegible hist. Angl. p. 157. Hoveden p. 358. Fabian par. 7. p. 353, 354. Polyshron. l. 7. c. 24. speed p. 522.

( c )

Mat. Paris p. 47. 64, 69. Hoveden Annal. pars poster. with others.

( d )

Speed hist. p. 530.

( e )

Speed hist. p. 541. Daniels hist. p. 125. Cook Inslit, on Littleton s. 7. a.

( f )

See Hoveden, Mat. Paris, Nubrigen, Mat. Westm. Holinsh. Speed, Graston.

( g )

Hist. Angl. p. 155, 156.

( h )

Eadmerus, hist. p. 12. 36. 201.

Hoveden, Annal. p. 459, 498, 504, 505, 509, 512, 513, 523, 524, 530, 538, 575, 643, 611, 670, 677, 707, 712, 718, 721, 741, 763, 766, 782.

Matth. Paris p. 106. Spelmanni illegible p. 142, 395. Mr. Seldens Titles of Honour, p. 123. to 128. Register pars. 1: f. 286, 392. to 318: pars. illegible 2. f. 3. p. 223. 30, 33, 35, 38, 44, 54, 55, 60, 62, part. 35. 22. 26. 29. 31. 35. 42. 47. Fitz. Nat. Bre. f. 132.

( i )

Annal pars. post. p. 658. 662. 667. 676, 698, 700, 726, 730, 732. 734. 743. 748.

(k)

Hoveden. Annal. p: 726, 729. 730.

(l)

Hoveden. Annal. pars. post. p. 741, 742. 743.

(m)

Hoveden. Annal. pars. post. p. 746, 785. Speeds Hist. p. 541.

Daniel p. 125. See illegible Graston, and others.

( n )

Annal. pars. post. p. 746, 785.

( o )

Spelmani Glossarium, p. illegible .

*

Id est Capitalis illegible Angliæ.

( r )

Matth. Paris Hist. Angl. p. 225, 227, 237, 246, to 254, Matthew illegible , Holinshed, Speed and others.

( p )

Hist. Angl. p. 189. 190.

( q )

See Spelmani and illegible

( s )

Annal. p. 814, 815.

( t )

In illegible Rot. finium but Anni; Spelmanni Glossarium, p. 131, illegible Thins illegible logue of Chancellors.

( u )

Fox Acts Monuments edit. ult vol. illegible p. 1334. Speed, p. 591.

( x )

Matth. Paris Hist. p. 311. Speed p. 599. See Polychronicon, Fabian, Holinshed, Magna Charta it selfe.

( y )

Matth. Paris p. 324, 325. Daniel, p. 151. 152. Holinshed, Speed, Grafton.

( z )

Bracton. l. 2. De crimine illegible Majestatis, see Stamfords illegible f. 2.

( a )

See the second part of the Soveraigne power of Parliaments p. 48. to 93.

( b )

Matth West. Daniel. illegible illegible Ed. 1.

*

The people then had power illegible elect these their Judges and Justices even by Act of Parliament.

( e )

Chap. 2.

( c )

Confirmatio Chartarum, 25 E. y Cookes Institutes on it Walsingham hist. Ang. p. 35 to 48.

( d )

Articuli super Chartas ch. 2 See Cookes Institutes on these Acts.

*

See 3 Ed. illegible cap. 15.

*

To wit, in 1 Edw. 1. or when the great Seal was first introduced in Edward the Confessors dayes.

*

Magna Char. cap. 29.

*

See 9 Edw. 1. the correction of the twelfth Chap. of the Statute of Glocester. 20 Edw. 1. De Non illegible illegible Assissis. 34 Ed. 1. cap. 6.

*

Our ancientest illegible call it indefinitely The great Seale; as 2 Ed 3. Stat. 2. c. 8. with others.

*

Marth. West. An. 1272. pag 352. Hornes Myr. p. 233. Here. p. 15. Daniels Hist. pag. 185. See Walsing. Hist. Ang. p. 1, 2. Speeds Hist. p. 646. Walsing. Ypod. Neustr. p. 67.

*

Pag. 15.

*

Hall. Stow, speed, illegible illegible

*

1 H. 6. p. Rot illegible , 1. H 6 Num. 1, c The second Part of the Soveraign power of Parliaments and Kingdoms (where I have transcribed these Records at large) p. illegible to 70.

( a )

Soveraigne power of Parliaments part. p. 107. to 112. part. 2. p. 25. 26.

( b )

Ibid. part. 2. p. 3. to 20. Appendix p. 163. to 171.

( c )

Ibid. part. 3. p. 7. 8. part. 2. p. 25. 26.

( d )

Ibid. part. 3. p. 7. 8.

*

Magn. Charta c. 29,

( e )

Soveraigne power of Parliament part 2 p. illegible to 87.

( g )

Grimstons History of the Netherlands P. 556. to 667 See the Appendix 184. 185.

(h)

illegible illegible De illegible illegible L. 1. Art. 56. 62. F. 56. Sino rex præsumptione privato, sed illegible publica et communi. Rex in Tyrannum conversus, illegible Tyrannus illegible vel illegible illegible ipsa refrenetut, non est putanda illegible multitudo illegible illegible Tyrannum destituens illegible si in illegible ante a illegible illegible it quia hec ipse illegible in multitudinis regumne se non illegible illegible ut exigit. Regis officium, quod illegible a illegible non servetur, c. See the Appendix P. 137. 188.

(i)

See Francis Thin in Catalogue of illegible Chauncellors of England: The 2 Part of the illegible power of Parliaments. P. 41. to 73.

( k )

Matthew Paris, Hist. Ang, p. 415. Matth. West. Anno 1222. p. 113. Daniel p. illegible Godwins Catalogue of Bishops p. 386. Francis Thin Catalogue of Chauncellors Helinshed Vol. 2. illegible 1275 The 2 part of the Soveraigne illegible of Parliaments and Kingdomes p. 48. 49.

( l )

Matthew Paris Hist: Ang: p. 619, to 623. Daniel 161: 162: Soveraigne power of Parliaments part 2. p: 49. 56.

( m )

Walsingham Hist. Ang. p. 143. 300. 311, 312 See the Soveraigne povver of Parliaments part 2 p. 57. 58.

( n )

See the a part of the power of Parliaments p. illegible .

( o )

Speed Holinshed Grafton in illegible R. 5

( p )

See illegible Eliz. c. 18. 13. Eliz. c. 7. 14. Eliz. c. 6. The Act for Trienniall Parliaments.

*

16. Car. c. 1.

*

The soveraigne power of Parliaments part 1. f. 8. to 16.

*

16 Carol. c. 1.

*

See the second part of Soveraigne power of Parliaments. p. 7. 42.

*

The soveraign power of Parliaments part 1. edit. 2. p. 13.

*

Halls Chron. illegible Hen. 5. c. 19. Graston p. 1191

*

9 Hen. 3. c. 29. 2 Edw. 3 c. 8.

( x )

See Medus Tenendi Parliament; Cambden, Holinsh, Vowel, and Sir Thomas Smith, lib. 2. cap. 2. in their Treatises of the Parliament of England, with all the Journals and Parliament rolls.

( y )

14 E. 3. c. 5. 15. E. 3. c. 4, 5. Stat. 1. 31. H. 8. c. 10.

( z )

Brooke Parliament. 7. Dyer. 60. a.

( a )

1 H. 7. f. 19, 20. Ashes Tables Error. 65.

( b )

Dyer f. 59. 60. 5 H. 4. c. 6. Br. Parl. 11. 1. Jac. c. 23.

( c )

Stat of Winchester, 13 E. 1. c. 24. 28. Register, f. 271.

( d )

14 E. 3. e. 5. and all Acts for Subsidies.

( e )

See the Soveraigne power of P arliaments, pars. 2. p. 25. 61, 66, 67, 68, 70, 71. here p. 2. 3.