Tracts on Liberty by the Levellers and their Critics Vol. 1 (1638-1843)

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 promise 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 over 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, love for Christ.

A CHRISTIAN MANS TRIALL.

VPon Tuesday last the 11 or 12 of December, 1637 I was treacherously and Judasly 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 cries 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 Beniragge, 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 at 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 a strict 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 me4 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 wonder 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. So 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 to 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 Joans, 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.

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 King 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 King, 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 King and head, these Kings & 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 King 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 Devill; also he is said to haue a Throne: therefore hee is a King 11. c. He is called the King 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 Kings & 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 Kingdome of his deare Sonne, & is not the Civill state but the Ecclesiastical 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 Bottemlesse pit Rev. 9. 11. the King of the Locusts hath 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 Ezec. 4. 6,) it is 1260. yeares that is the length or time of his Raigne, that one and the same time which Christs Kingdome 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 Kings 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 Kings & 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 King, & 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 Jesus 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 Kingdome 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 King & 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 King 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 Kings 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 King 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 Caesar as divine obedience is unto God,

The true Ecclesiastcall State.

Even so this Cittie of God with their officers are to obserue what soever Christ hath commanded them Math. 28. 20. the Church of Corinth kept them 1 Cor. 11. 2. and Paulls 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 Divine 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,

Soe 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 Kingdome 1 Cor. 4. 20. Chapt. 5. 13. But are intruders lud. 4. verse and soe not of the Kingdome, though in the Kingdome, 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 Regiment of darkenesse there discribed 2. Cor. 6. 17. & Rev. 18. 4.

The False Ecclesiasticall State,

Lastly, the Subjects of this Kingdome 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 Kingdome 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 Kingdome 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 Rev. 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 is betweene the true power and the false. The true power which Christ our King 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. 7. 14. compared with ver. 22. 27: and with Revel. 5. 10. & being lost hee will recover it againe vnto them as Daniel speakes, & in the New 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 Kingdome.

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 this 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 & Knights &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 appeare in this, Every Kingdome or pollitique state whether Civill or Ecclesiasticall, 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 Ceremoniall 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 whole new Testement, and there they shall finde Jesus Christ our Lordard King, his Bookes of Cannons, Articles and Ordination, to guide and direct the Churches of the saints in his Kingdome 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 homilies 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 willingly 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 New 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. Math. 18. 19. 20. which is the forme and beeing of this their visible and pollitique vnion & communion Eph. 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 & King 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 Kingdomes 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 Nationall, 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 King 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 Translation the word Election is lets 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 fit & 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 Kingly authority, Rev. 1. 16. by these divine deputies he rules them as a King, 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 falle state are the whole body of the Clergy almost innumerable if we should reckon their severall orders & distinction of degres, as Pape, Cardinals, Patriarchs, Primates, Metrapolitans, Arch-bishops, Lord-bishops, Deanes, Chancellars, Vicar-Generals, Praebendes Arch-deacons, Subdeacons, Doctors, of the Civill Law, Doctors of Divinity, Proctors Registers, Cannons, Petty-Cannons, Chambers, Preists, Iesuits, Parish-Preists, Parsons, Vicars, Curats, Deacons, Vehemen, Church Wardens, Swornemen, Sidemen, Parish Clarks, 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 Kingdome 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 Initiation 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 King, 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 proposition of faith; 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: Kneeling in the & of receiving, 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 presumption 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 Revel. 7.

The true Ecclesiasticall State

A Sevevth Disproportiõ is betwixt their subjects or members, the subjects or members of Christs Kingdome or 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 Kingdome and dominiõ given, these be they that are crowned as Kings, 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 vnfittests 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 compulsion 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. 12 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 Keys 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.

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 Lord 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.

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. Where 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 Fleete 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 Enimies and led to the High Priests Hall. Mat.-26, we came to ssleete-bridge 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,

With that there drew neere 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 Gods cause, & for my own part I am cheerful & merry in the Lord, & am as well contented with this my present portion as if I were to receiue my present liberty. For I knowe my God 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 sitts 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 & heavy: 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 Triumph & 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 Tipstaffe man at the first vvould not let mee haue my hatt to keepe the vehement 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 Jesus Christ who hath conquered all his Enemies, 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 King 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 Street 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. Where 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 wittnesses 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 spirit 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 Fleet to this place, by vertue of a Censure: from the Honourable Lords of the Starr Chamber hereunto, The Cause of my Censure I shall declare unto you as briefly as I canne.

The Lord by his speciall hand of providence 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, Namely 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.

Now while J was in Holland, it seemes ther were divers Bookes, of that Noble 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 Pursevant 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.

Now 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 Mr. 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 Mistery 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 Mr. 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.

Now 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 Twesday 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 Sr. 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 Breviae 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: Namely 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. Being 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. Now 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 justify 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 Kingdome, 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 Lords 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 King. 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. Which 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 Seate, and great authoritie, Soe that the Popes authoritie comes from the Devill, and the Prelates, and their Creatures 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 Church 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 Sunday no Sabboth. 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 Calling 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 King & 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 Kings 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 makes 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 ill & till 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 Kingdome, 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 brimstone in the presence of the holy Angels, & in the presence of the Lambe, and the smoake of their Torment ascended, vp for ever and ever, and they have noe rest day nor night, who worship the Beast & his Image, and whosoever receiveith the marke of his name. Therefore as you loue your owne soules and looke for that immortall 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 that you bee not pertaker of her sinns and that yee 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 Idolatrous 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 durt 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 enlightening 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 God 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 God 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 instrument 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 Dr. 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 King 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, Friends, 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 Souldiers 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, Isa 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 sit downe and sleepe in a whole skinne, though in soe doeing hee gaine all the world and see him dishonoured, his glorie and truth troden under foot 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 disswade men 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 doth, 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 triumph 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 Kingdome, 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. Laiton 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. lotts 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

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 Carts Arsse I was whipt,

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

Likewise 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 true

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 feild

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 Law; (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) disgrace

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

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

And this I have by (r) triall found, what here I doe declare

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 Antichristian Lawes, and from Christ 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 slipt

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.

Endnotes

 [(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. Bastwicks answer 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, & Ich. 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. 3 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.

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.

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

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.

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.

Endnotes

 [* ] See 2. Cor. 8. 23.

OBSERVATIONS

upon some of his Majesties late

Answers and Expresses.

The second Edition corrected from some grosse errors in the Presse.

FINIS.

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.

FINIS.

Endnotes

 [* ] See Gen 14. 12. &c.

 [* ] וִּלְחַצְתֶּם Et opprimetis, vel opprimite Arias Mont. Comprimit Jun & Trem.

 [* ] Si enim &illegible; hostes ex ertos, no tantum vindices occultos, agere &illegible; lemus, de esset nobi vis numerorum & &illegible;—Externi sumus, & ve stra omni implevimus, urbes insulas, ca stella, municipia, conciliabula, castle ipsa, &c.—Cui bello non idonei, nonprom pti suissemus, &c. Tertul. Apolog. Cap. 37.

 [* ] Revel. 13. 10.

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.

FINIS

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 Court; 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 guerra, quorundum Procerum ad boc electorum considerationibus, &illegible; concorditer infinite. Sicque Baronum 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 Chartas, 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 Prelates, 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 Northampton. (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 cunningly 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 Noblemen, 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 in to 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, he 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. The 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; Petitioning 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 of Flanders, giving great indulgenoes to those who should assist him in person or with monies in this warre) should undertake that warre or no? and after much opposition of the Captaines of the kingdome, alleadging, that it was not safe to commit the people of the King and kingdome to is &illegible; Priest; it was at last resolved in Parliament (through the constancy and valour of 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 that a select power should be sent into Scotland out of England, (to wit, a thousand Lances, and 2000. Archers) to curbe their attempts, under the conduct of the Lord Thomas of Woodstocke 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 returning 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 publike by 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, Mustere, 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 aged 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 Pape 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. 132. 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 endow 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 consent 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. l. 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. John. 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 sober 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 incling 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 Iohn Hotham seised it, but onely the Maior of the Towne, elected by the Townesmen, not 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, incendio 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 tradebantur 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 meale 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 abashed 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.

*Anna 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 Suparbiense 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 Officers 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, & a’as 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 capiti 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 IT DUCEM, de morte Ducis consiliatus suerit, in Ducis sit potestate, &c. Hue videtur pertinere quod apud 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 Ducem 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 Maximinus 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. ma. 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 ofAnsw. 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, Forts, 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 mensAnsw. 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 to 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, Coat 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 Teenes 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 deepe 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 as 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 Mediro multa &illegible;.

Their second generall reason is, an* ancient fore plotte confedenacie between the Popish and Prelaticall Party in the Kingdome to change Religion, and re-establish Popery Which designe hath been vigorously prosecuted long before his Majesties raigne, 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 Herbert (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 3d. Edward, and Richard the 2d, 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 3d, 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 last 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 saine 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 Turkie; 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 publike wrong, so long as for one moneths space? Was it not turned into a kinde of wrong 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 as diam, 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, they 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 3d by oath sundry times successively ratified these Charters & the Subjects Liberties 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; denyed that &illegible; intended to revoke the great Charter, and other Liberties, or laboured with the Pope to due it, with which the Bnous truely charged him; and that if any such thing had 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 be sworne his Councellors; giving them this Oath; That by no meanes 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 30th 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 benevolis, Regnaque ac Republice &illegible; factus est cervicosus, ita quod per eorum consilium parum aut nihil de negociis Regni tractaret aut 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 Boniface Archibishop of Canterbury & c. by the Authority of God Almighty, and of the Sonnes and of the Holy Ghost, and of all Apostle, Martyrs, Consessens 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, mittingly and willingly shall deprive or spoyle the Church of her right: likewise, ll those, who by any art or cunning shall rashly violate, diminish or also privily or openly or by &illegible; or councell, shall rashly come against also any of the ancient Liberties of approved 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 Forest, granted by our Lord the King of England, to the Arch Bishops, Bishops Prelates, Earles, Barors, Knight’s and Free Tenants of England; likewise all them who sha 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 sempeterr all memory whereof, we have thought meete to set our seales. 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 Pops 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 tongues 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 no 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 Magna 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 when &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 frequent 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 3d in the first Parliament, in then 5. yeare of his Raigne, had &illegible; and established divers good Statutes, which he willed and granted FOR HIM & HIS HEIRES that they should be FIRMELY KEPT & HOLDEN FOREVER, for the ratification of Magna Charta, and better observing other good Lawes 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 forever after take a &illegible; Oath before their admission to their Offices, to keep 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 expedition in &illegible; dissolved, and so our earnest businesse had likely beene, 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 Assent. 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 nullifio 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, (wch 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. And 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, (frequent 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 they 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, and 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,* no (saith lce) 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 isb already cleared, (cand Fortiscue so resolves) That Kings themselves (the highest Officers and Iusticials 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 thed 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 thef 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 offence

Thirdly, Allg 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 sundryh Presidents andi 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?

jlFourthly, The Knights, Citizens, and Burgesses of the Kings and Kingdomes greatest Court and Councell, the Parliament, (thek 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, otexclude one, he might like wise chuse and secludemores 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 costem; but by the Kings pleasure; and the Lords onely of the Kings party (contrary to right and reason) Sommoned to it: (by meanes whereon, Will, therein ruled for reason, men alive were condemned without examination; men dead and put in execution by privie murther, were adjudged openly to dye, others punished without answer, an Earle arraigned, not suffered to plead his pardon, &c.) and because the latter of them bym divers sedi Seditioous 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 Sa disediciom persons of long time had against them: and a great part of the Knights for divers Counties of the Realme, and many Burgesses and Citizens for divers Burroughs and Cities appearing in the same, were denied 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 asn 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 mosto 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 (asp 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 conneced, 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 30. 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; Ofs Sir Thomas Wayland chiefe Justice of the Common pleas, attainted of Felony, and banished for bribery by the Parliament, 18. Ed. 1. the severall banishment of Piers. Gaveston and the 2. Spensers (the Kings greatest favorites, Officers, Counsellors) for seducing miscounselling Kingc Edward the second, oppressing the Subjects, and wasting the Kings revenues, the removall and condemnation off Sir William Thorpe, chiefe Iustice of the Kings Bench, for Bribery, 25. E. 3. the fineing and displacing ofg Michael de la Pole Lord Chancellor 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. Ofh 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 6th. his Raigne; Of Sir Francis Bacon Lord Keeper, and Cranfield Lord Treasurer, in King Iames 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 3d. 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 Seale, 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 3d. 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 likek president I find about 3. Henr. 3d. where the Clergy Lord Chancellor, Treasurer, with other Officers were removed, upon 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 ut the Kings will impeach the Kings Officers and Justices upon their Offences 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. Inn 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, then 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 ofp 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. Inq 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. Inr 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. Whent 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. Inu 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 (asx 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 7th. 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. Inb 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 11th. in the Yeare 1465. And after him in the time of Charles the 8th. 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 saff 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 thec 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 thed 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, by a Parliament, held at Oxford. In the Yeare 1222. I reade inf 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 thex Yeare 1244. the 28. of Henry the 3d. 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, first 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 reformea T 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 the1 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. And that 24. (others write 12.) persons (whom Fabian stiles the Douze 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 Officers; reserving onely to the king the highest place at meetings, and salutations of honour in publike places. To which Articles 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 Archbishops and Bishops solemnely accursing all such as should Rebell against them Which Articles the king and his son labouring by force of Armes to annull, they were not with landing enforced to confirme in three or foure subsequent Parliaments. By vertue of these Articles enacted thus in Parliament, 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 whereof, 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 and 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 Baronage, 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 Prelates, 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 maintaine 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. Item 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 on 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 execution without delay, according to the Judgement of the sayd Peeres in the Parliament. &illegible; here an expresse Act of Parliamentg 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 not onely take the fore-mentioned Oath, but be elected alwayes by the accord of the 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 kingsh 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 had 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 many 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 ap Parliament at London, Peter De la Mare and almost all the Knights (which playd their parts so 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 of Parliament, and the oathes where with she had bound her selfe, presumed to enter the 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.

*Anno Dom 1237. King Henry the 3d. 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 amic &illegible; consueverunt & Regnbonad strahere, non aduna e) he should adhere to the counsell of his faithfull and naturall subjects. Et sic soluto consilio non sine interiori &illegible; &illegible; & &illegible; &illegible; ratione, eo quod cum difficul te 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 Barons and Historians stile him, contrary to his solemne oath and promise would not be weaned from his evill Councellors but retained them still, till by force of Armes they were removed and banished.

qIn the 1. yeare of Richard the 2d, William Courtney Bishop of London, Edmond Mortymer Earle of March, and many others of whom the Common people had the best 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 ther 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 continually abide with the King, and receive an honorable anuall stipend out of the Kings Exclequer 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 HOC 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, andu 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 detractor, 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 ninthy yeare of king Richard the second Michael de la 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; andz after many delayes, the king full sore against his will, WAS COMPELLED to give a commission of Oyer & terminer to the Duke of Glocester 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 Ely, 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 his 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 fabric tor 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 thea 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 theb Act) and of all kinde of oppressions, offease and demmates whatsoever don &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.

dIn 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 (withe 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 11th 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 Parliament, 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 Armes, 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 4th Rot. Parl. numo. 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 Voeth. 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. iAnd 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 fiftk 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, Stil &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 entred 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 Talbst, 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, wills 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 Humfrey 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 sueth: 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 no 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 petitioned 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, Lord 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 Parliament 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 Parliaments 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 Parliaments claime of this their ancient right, is no just ground at all on his Maiesties part, to sever himselfe from his Parliament, 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) cōntrary 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 DEFFRRE (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 pretended 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 assert 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 protegendas & 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 word 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 nosnde 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, quandog 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 Parliament, 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 Parliament; of whose &illegible; and reasonablenesse not the King alone, but the grand Councell of the Kingdom (assembled in the Parliament, 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 King Hezekiah too 2 Chron. 30. 1. to 7. 23. yea God himselfe, and Samuel 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 ANE 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 desi ikg 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 have 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 SITH THE RIGHT OF THE SAID 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 recitalls 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 iust government and dse execution of the common Law, it is ordained, &c.) 10. R. 2. Prologue & c. 1. 11. R. 2. c. 1. 12 R. 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 puncuallones 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, Hemeshed, 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 Progenitors, 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; be 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 prout 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 Kings 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: witnes 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 flatterer said to king Antigonus, that all things were honest and inst to Kings, he answered: only indeed to Kings of Barbarians but to us honest things are to be accounted for honest, only sust things for inst And that* Acroiatus gave the like answer to his parent when they pested him to doe an uniust thing: Quoniam unlus me optima agere, optimum autem est cum privato, tum multo etimmagss Principi id quod est justum, agam que unlus 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. Parl. 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 fortiori, 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 Kingdome. That speech of(h) King 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 by 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 or 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 bester what is good and necessary for their owne benefit, then the King, their publike Minister for their good; Itaque maiorum rerum potest as sure 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 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 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 other 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 abslute 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, Conformatio 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 promise I humbly conceive, I may infallibly conclude, That the King in passing the for mentioned 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 invented 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 Cavaleers,(whose grand designe is onely to set up Popery and an absolute tyrannical 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 feare) 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 of 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.