THE
SOVERAIGNE
POWER
OF
PARLIAMENTS
&
KINGDOMES
:
PROVING
Is
t
.
That
the
Parliaments
present
necessary
Defensive
Warre
,
is
Iust
and
Lawfull
both
in
point
of
Law
and
Conscience
,
and
no
Treason
nor
Rebellion
.
HAving
in
the
two
former
Parts
of
this
Discourse
dissipated
foure
chiefe
Complaints
against
the
Parliaments
proceedings
;
[
*
](A91298-e2640-b)
*
See
many
Printed
Declarations
,
Proclamations
to
this
effect
;
with
other
Pamphlets
.
That
they
have
traiterously
taken
up
Armes
,
and
levied
warre
against
the
King
himselfe
in
his
Kingdome
;
and
would
have
taken
away
his
life
at
Keinton
battell
,
which
is
no
lesse
than
Rebellion
and
High
Treason
,
by
the
Statute
of
25.
E.
3.
c.
2.
with
other
obsolete
Acts
;
and
by
the
Common
Law
.
Which
Obiection
,
though
last
in
time
,
is
yet
of
greatest
weight
and
difficulty
,
now
most
cryed
up
and
insisted
on
,
of
all
the
rest
,
in
many
of
his
Majesties
late
Proclamations
,
Declarations
,
and
in
Anti-Parliamentary
Pamphlets
.
To
give
a
punctuall
Answere
to
this
capitall
Complaint
,
First
,
Secondly
,
[
a
](A91298-e2760-b)
a
See
the
Houses
severall
Declarations
to
this
effect
.
Parliament
in
raising
their
forces
had
no
intention
at
all
to
offer
the
least
violence
to
his
Majesties
person
,
Crowne
,
dignity
,
nor
to
draw
any
English
blood
;
but
onely
to
defend
themselves
and
the
Kingdome
against
his
Majesties
Malignant
invasive
plundring
Forces
,
to
rescue
his
Majestie
out
of
the
hands
,
the
power
of
those
ill
Councellers
and
Malignants
who
withdrew
him
from
his
Parliament
,
to
bring
him
backe
with
honour
,
peace
,
safety
,
to
his
great
Councell
;
(
their
Generall
and
Army
Marching
with
a
Petition
to
this
purpose
,
)
and
to
bring
those
Delinquents
to
condigne
punishment
who
most
contemptuously
deserted
the
Houses
,
contrary
to
Order
,
Law
,
the
Priviledges
of
Parliament
,
their
owne
Protestation
taken
in
both
Houses
,
sheltring
themselves
,
under
the
power
of
his
Majesties
presence
and
Forces
,
from
the
justice
of
the
Houses
,
and
apprehension
of
their
Officers
,
contrary
to
all
presidents
in
former
ages
,
in
High
affront
of
the
priviledges
,
honour
,
power
of
the
Parliament
,
and
[
*
](A91298-e2770-b)
*
13
E
1
c.
38
31
H.
6
,
c.
1.
See
Ashes
Table
,
Contemp.
6
,
7.
the
Law
bookes
there
quoted
,
6
H.
8.
c.
16.
3
E.
3.
19.
Coron
,
161.
Dyer
,
60.
Stamford
:
Pleas
,
l.
1.
c
,
29
,
f.
38.
l
,
3
,
c
,
63
,
f
,
153
Fundamentall
knowns
Lawe
of
the
Realme
:
Since
which
time
,
his
Majestie
having
(
contrary
to
his
former
Proclamations
and
frequent
Printed
solemne
Declarations
)
entertained
,
not
onely
divers
Irish
Pop●sh
Rebels
,
but
likewise
English
and
Outlandish
Papists
in
his
Army
,
and
given
Commissions
to
sundry
[
*
](A91298-e2900-b)
*
The
Declaration
of
the
Lords
&
Commons
in
Answer
to
his
Majesties
,
concerning
Keinto●
Battle
.
Arch
Popish
Recusants
,
to
Arme
themselves
,
and
raise
Forces
against
the
Parliament
,
and
Kingdom
,
now
in
the
field
in
all
the
Northerne
parts
,
Wales
,
and
other
places
,
(
and
that
under
the
Popes
owne
consecrated
Banner
as
many
report
)
in
defiance
of
our
Protestant
Religion
,
(
designed
by
the
Popish
Party
both
at
home
and
abroad
,
to
no
lesse
then
utter
extirpation
in
England
,
as
well
as
in
Ireland
,
if
not
in
Scotland
too
,
(
as
some
of
them
openly
professe
;
)
the
Parliament
are
hereupon
necessitated
to
augment
and
recrute
their
forces
;
as
for
the
precedent
ends
at
first
,
so
now
more
especially
,
for
the
necessary
defence
of
the
Protestant
Religion
established
among
us
by
law
;
against
which
they
(
and
all
others
who
are
not
wilfully
blinded
)
visibly
discerne
a
most
apparant
desperate
conspiracie
;
which
though
not
cleerely
perceived
,
but
onely
justly
suspected
at
first
,
doth
now
appeare
(
all
circumstances
and
agents
considered
)
to
be
the
very
Embrio
and
primitive
cause
of
this
deplorable
warre
;
against
which
the
Parliament
and
subjects
are
now
more
necessitated
and
engaged
to
desend
themselves
then
ever
,
seeing
they
have
by
all
possible
meanes
endeavored
to
prevent
this
warre
at
first
,
and
since
to
accommodate
it
,
though
in
vaine
,
upon
just
,
reasonable
,
and
honorable
safe
termes
for
King
and
Kingdome
.
The
sole
Question
then
in
this
case
thus
truely
stated
will
be
.
Whether
his
Majestie
,
having
contrary
to
his
Oath
,
Duty
,
the
fundamentall
Laws
of
God
and
the
Realme
,
raised
an
Armie
of
Malignants
,
Papists
,
Forraigners
;
against
his
Parliament
,
Kingdome
,
People
,
to
make
an
Offensive
warre
upon
them
,
to
murther
,
rob
,
spoyle
,
deprive
them
of
their
peace
,
liberties
,
properties
,
estates
;
to
impose
unlawfull
taxes
by
force
upon
them
;
protect
Delinquents
and
evill
Councellors
against
the
Parliaments
Iustice
,
and
violently
to
undermine
our
established
Protestant
Religion
;
the
Common-wealth
of
England
legally
assembled
in
Parliament
;
and
all
Subjects
in
such
cases
by
Command
and
direction
from
both
Houses
of
Parliament
,
may
not
lawfully
and
justly
without
any
Treason
or
Rebellion
,
in
point
of
Law
and
Conscience
,
take
up
defensive
Armes
to
preserve
the
Priviledges
of
Parliament
,
their
Lawes
,
lives
,
liberties
,
estates
,
properties
,
Religion
,
to
bring
Delinquents
and
ill
Councellours
to
condigne
punishment
,
and
rescue
his
seduced
Majestie
out
of
their
hands
and
power
,
though
he
be
personally
present
with
them
,
to
assist
and
countenance
them
in
this
unnaturall
destructive
warre
?
And
under
correction
(
notwithstanding
any
thing
I
ever
yet
heard
or
read
to
the
contrary
)
I
conceive
affirmatively
,
that
they
may
justly
do
it
,
both
in
point
of
Law
and
Conscience
.
I
shall
begin
with
Law
,
because
in
this
unhappie
controversie
,
it
must
direct
the
conscience
.
First
,
I
have
[
b
](A91298-e3030-b)
b
Part
1.
&
2.
throughout
.
already
proved
in
Judgement
of
Law
;
the
Parliament
and
Kingdome
assembled
in
it
,
to
be
the
Soveraigne
power
,
and
of
greater
authority
then
the
King
,
who
is
but
their
publike
Minister
in
point
of
civill
Iustice
,
and
Generall
in
matters
of
warre
,
as
the
Roman
Kings
and
Emperours
were
,
and
other
forraigne
Kings
of
old
and
at
this
day
are
.
The
Parliament
then
being
the
highest
power
,
and
having
principall
right
and
authority
to
denounce
,
conclude
and
proclaime
warre
,
(
as
I
have
manifested
in
the
debate
of
the
Militia
,
)
may
not
onely
lawfully
resist
,
but
oppugne
,
suppresse
all
Forces
raised
against
it
,
and
the
Kingdomes
peace
or
welfare
.
Secondly
,
the
principall
end
of
the
Kingdomes
,
originall
erecting
Parliaments
,
and
investing
them
with
supreame
power
at
first
,
was
,
to
defend
not
onely
with
good
Lawes
and
Councell
,
but
when
absolute
necessitie
requires
(
as
now
it
doth
,
)
with
open
force
of
Armes
;
the
Subjects
Liberties
,
Persons
,
Estates
,
Religion
,
Lawes
,
Lives
,
Rights
,
from
the
encroachments
and
violence
of
their
Kings
,
and
to
keepe
Kings
within
due
bounds
of
Law
and
Iustice
,
the
end
of
instituting
the
[
c
](A91298-e3070-b)
c
See
Polybius
Hist.
l.
6.
Arist
Polit.
l.
3.
c.
10.
11.
l.
5.
c.
10.
l.
2.
c.
5.
Bodin
l.
1
,
c
,
10.
l
,
2
,
c.
5.
Senate
and
Ephori
among
the
Lacaedemonians
,
the
Senate
and
Dictators
among
the
Romans
,
the
[
d
](A91298-e3140-b)
d
Hieron
.
Blan.
Aragonens
.
Rerum
Comment.
p.
588.
589.
716.
to
725.
747.
to
760.
Joan
,
Mariana
de
Rege
&
Regie
Instit.
l.
1.
c.
5.
to
10.
Forum
Suprarbiense
,
and
Justitia
Aragoniae
among
the
Aragonians
;
of
Parliaments
,
Dietts
,
and
Assemblies
of
the
estates
in
other
forraigne
Kingdomes
,
and
in
Scotland
,
as
I
shall
prove
at
large
in
its
[
e
](A91298-e3200-b)
e
In
the
Appendix
.
proper
place
.
This
is
cleare
by
the
proceedings
of
all
our
Parliaments
in
former
ages
;
Especially
in
King
Iohns
,
Henry
the
third
,
Edward
the
1.
2.
3.
and
Richard
the
seconds
Raignes
;
by
the
latter
Parliaments
in
King
Iames
his
raigne
,
yea
of
3.
Caroli
,
the
last
dissolved
Parliament
,
and
this
now
sitting
,
whose
principall
care
and
imployment
hath
beene
to
vindicate
the
Subjects
Liberties
,
properties
,
lawes
,
and
Religion
,
from
all
illegall
encroachments
on
them
by
the
Crown
and
its
ill
Instruments
:
by
the
[
f
](A91298-e3260-b)
f
Part.
1.
forecited
resolutions
of
Bracton
,
Fleta
,
the
Myrror
of
Iustices
,
Vowell
,
Holinshed
,
the
Councell
of
Basill
,
and
others
,
that
the
Parliament
ought
to
restraine
and
bridle
the
king
when
he
casts
off
the
bridle
of
the
Law
,
and
invades
the
Subjects
Liberties
,
especially
with
open
force
of
Armes
in
an
Hostile
manner
:
and
by
the
constant
practise
of
our
Ancestors
and
the
Barons
Warres
,
in
maintenance
of
Magna
Charta
,
with
other
good
Lawes
and
Priviledges
,
confirmed
by
Parliament
.
If
then
the
Parliament
be
instrusted
by
the
Kingdome
with
this
Superlative
power
,
thus
to
protect
the
Subjects
Liberties
,
properties
,
Lawes
,
persons
,
Religion
,
&c.
against
the
kings
invasions
on
them
by
policie
or
violence
:
they
should
both
betray
their
trust
,
yea
the
whole
kingdome
too
,
if
they
should
not
with
open
Force
of
Armes
,
(
when
Policy
,
Councell
,
and
Petitions
will
not
doe
it
)
defend
their
owne
and
the
Subjects
Liberties
,
persons
,
priviledges
,
&c.
against
his
Majesties
offensive
Armies
which
invade
them
,
intending
to
make
the
whole
kingdome
a
present
booty
to
their
insaciable
rapine
,
and
a
future
vassall
to
his
Majesties
absolute
arbitrary
power
,
by
way
of
conquest
.
I
reade
in
[
g
](A91298-e3300-b)
g
Common-wealth
l.
3.
c.
1
See
Plut.
Caes
.
&
Pompeius
.
Bodin
that
the
Roman
Senate
being
no
way
able
to
restraine
Caesar
,
tooke
their
refuge
to
that
ancient
Decree
of
the
Senate
,
which
was
commonly
made
but
in
dangerous
times
of
the
Common-weal●
.
Videant
Consules
&
caeteri
Magistratus
ne
quid
detrimenti
capiat
Respublica
:
Let
the
Consulls
and
other
Majestrates
fore
see
that
the
Common-weale
take
no
harme
.
With
which
decree
of
the
Senate
,
the
Consulls
being
armed
,
sodainely
raised
their
power
,
commanding
Pompey
to
take
up
Armes
and
raise
an
Army
against
Caesar
to
oppose
his
violent
proceedings
by
force
who
after
his
conquest
of
Pompey
refusing
to
rise
up
to
the
Consulls
,
Pretors
,
and
whole
Senate
,
out
of
his
pride
,
through
his
ill
Councellors
advise
,
and
talking
with
them
,
as
if
they
had
beene
but
private
men
,
he
so
farre
offended
both
the
Senate
and
people
,
that
to
free
the
Republicke
from
his
Tyranny
,
and
preserve
their
hereditary
Liberties
,
they
conspired
his
death
,
and
soone
after
murthered
him
in
the
Senate-house
,
where
they
gave
him
no
lesse
than
23.
wounds
.
And
[
h
](A91298-e3390-b)
h
Aragonensium
Rerum
Com●●●
.
p.
724.
Hieronimus
Blanca
assures
us
,
that
the
Suprarbiense
Forum
,
Iustitia
Aragoniae
,
or
States
of
Arag●n
,
(
erected
to
withstand
the
tyrannie
and
encroachments
of
their
kings
)
may
by
the
Laws
of
their
Realme
assemble
together
,
and
RESIST
THEIR
KING
WITH
FORCE
OF
ARMES
,
as
oft
as
there
shall
bee
neede
to
repulse
his
,
or
his
Officers
violence
against
the
Lawes
;
For
when
they
erected
this
Court
,
they
said
,
It
would
be
little
worth
to
have
good
Lawes
enacted
,
and
a
middle
Court
of
Iustice
betweene
the
King
and
people
appointed
,
if
it
might
not
be
lawfull
to
take
up
Armes
for
their
Defence
when
it
was
needfull
;
(
being
agreeable
to
the
very
Law
of
nature
and
reason
;
)
Because
then
it
will
not
be
sufficient
to
fight
with
Counsell
:
For
if
this
were
not
so
,
and
the
State
and
Subjects
in
such
cases
might
not
lawfully
take
up
armes
,
all
things
had
long
ere
this
been
in
the
power
of
Kings
.
Therefore
,
no
doubt
,
our
Parliament
and
State
,
as
well
as
others
,
may
by
the
very
Law
of
Nature
,
and
fundamentall
institution
of
Parliaments
,
now
justly
take
up
Defensive
armes
to
preserve
their
Liberties
,
Lawes
,
Lives
,
Estates
,
Religion
.
from
vassallage
and
ruine
.
Thirdly
,
Our
owne
Parliaments
,
Prelates
,
Nobles
,
and
Commons
in
all
ages
(
especially
in
times
of
Popery
)
as
well
in
Parliament
,
as
out
,
have
by
open
force
of
armes
resisted
,
suppressed
the
oppressions
,
rapines
,
vnjust
violence
,
and
armies
of
their
Princes
raised
against
them
;
Yea
,
incountred
their
Kings
in
open
Battells
,
taken
their
persons
Prisoners
,
and
sometimes
expelled
,
nay
deposed
them
from
their
Royall
authority
,
when
they
became
incorrigible
open
professed
enemies
to
their
kingdomes
,
their
Subjects
,
seeking
the
ruine
,
slavery
,
and
desolation
of
those
,
whom
by
Office
,
Duty
,
Oath
,
and
common
Iustice
,
they
were
bound
inviolably
to
protect
in
Liberty
and
peace
,
as
the
[
*
](A91298-e3480-b)
*
Part
1.
p.
6
,
7
,
8
,
&c.
premised
Histories
of
Archigallo
,
Emerian
,
Vortigern
,
Segebert
,
Osred
,
Ethelred
,
Bernard
,
Edwin
,
Ceolwulfe
,
King
John
,
Henry
the
3
d.
Edward
1.
and
2.
Richard
the
2
,
Henry
the
6th
.
(
our
British
,
Saxon
,
English
Kings
,
)
and
other
examples
common
in
our
owne
Annalls
,
plentifully
manifest
.
Neither
are
their
examples
singular
,
but
all
Kingdomes
generally
throughout
the
world
in
all
ages
have
done
the
like
,
when
their
Kings
degenerated
into
Tyrants
,
of
which
there
are
[
i
](A91298-e3590-b)
i
See
Arist.
Polir
.
l.
5
c.
10
D
t.
Beards
Thea●re
of
Gods
Iudgements
.
l.
2.
c.
9.
to
43.
Ad
generum
Cereris
pauci
sine
sarguine
fuso
,
Descendunt
Reges
,
&
sicca
morte
Tyranni
suvenal
.
See
the
Appendix
.
infinite
precedens
in
History
:
which
actions
all
ages
,
all
Kingdomes
have
alwaies
reputed
lawfull
both
in
point
of
Policy
,
Law
,
Religion
,
as
warranted
by
the
very
Lawes
of
Nature
,
Reason
,
State
,
Nations
,
God
;
which
instruct
,
not
onely
particular
persons
,
but
whole
Cities
and
Kingdomes
for
their
owne
necessary
defence
,
preservation
,
the
supportation
of
humane
Societie
and
Libertie
,
to
protect
themselves
against
all
unlawfull
violence
and
Trranny
,
even
of
their
Kings
themselves
,
or
their
Ministers
,
to
whom
neither
the
Lawes
of
God
,
Nature
,
Man
,
nor
any
civill
Nation
,
ever
yet
gave
the
least
authority
to
Murther
,
Spoile
,
Oppresse
,
enslave
their
Subjects
,
or
deprive
them
of
their
lawfull
Liberties
or
Estates
;
which
resistance
were
it
unlawfull
or
unjust
(
as
many
ignorant
Royallists
and
Parasites
now
teach
)
some
few
oppressing
tyrannizing
wilfull
Princes
,
might
without
the
least
resistance
,
ruine
,
murther
,
enslave
the
whole
world
of
men
;
overthrow
all
setled
formes
of
civill
government
,
extirpate
Christian
Religion
,
and
destroy
all
humane
Society
at
their
pleasures
;
all
which
had
beene
effected
,
yea
,
all
States
and
Kingdomes
totally
subverted
long
agoe
,
by
ambitious
Tyrannizing
lawlesse
Princes
,
had
not
this
Lawfull
,
Naturall
,
Hereditary
power
of
resisting
and
opposing
their
illegall
violence
(
inherent
in
their
Parliaments
,
States
,
Kingdomes
)
restrained
and
suppressed
their
exorbitances
of
this
kinde
.
Now
that
this
necessary
Defensive
opposition
and
resistance
against
open
Regall
Hostile
violence
,
which
hath
beene
ever
held
lawfull
,
and
frequently
practised
in
all
Kingdomes
,
all
ages
heretofore
,
as
just
and
necessary
;
should
become
sodenly
unlawfull
to
our
Parliament
,
and
Kingdome
onely
,
at
this
instant
,
seemes
very
unreasonable
unto
me
.
Fouthly
,
It
is
the
expresse
resolution
of
[
k
](A91298-e3670-b)
k
Polit.
l.
5.
c.
13.
11.
Aristotle
,
[
l
](A91298-e3700-b)
l
Memorabil
.
l.
4.
p.
813.
Xenophon
,
[
m
](A91298-e3730-b)
m
Hist.
l.
6.
Polibius
,
[
n
](A91298-e3760-b)
n
Spelmani
Concil.
Tem.
1
p.
34.
Pope
Elutherius
,
(
in
his
Epistle
to
our
first
Christian
King
,
Lucius
)
King
[
o
](A91298-e3800-b)
o
Lambard
.
Archaion
.
p.
130.
Fox
Acts
&
Mon.
vol.
1.
p.
214.
Edward
the
Confessor
in
his
established
Lawes
,
c.
17.
the
[
P
](A91298-e3860-b)
P
Lib
cap.
1.
2
Surius
Tom.
3.
p.
383.
Councell
of
Paris
,
Anno
829.
and
Isiodor
cited
by
it
;
[
q
](A91298-e3900-b)
q
Common-wealth
.
l.
2.
c.
4
,
5.
Iohn
Bodin
,
[
r
](A91298-e3930-b)
r
De
Rege
et
Regis
Jnstit
.
l.
1.
c.
5.
6.
Iohn
Mariana
,
and
generally
of
all
forraigne
Divines
and
Polititians
,
Pagan
or
Christian
;
yea
of
[
s
](A91298-e3960-b)
s
Lib.
3.
c.
9.
fol.
107.
Bracton
,
[
t
](A91298-e3990-b)
t
Lib.
1.
c.
17
:
Fleta
,
[
u
](A91298-e4010-b)
u
De
Laudib
.
Legum
Angl.
c.
9.
to
15.
Fortescue
,
and
[
x
](A91298-e4040-b)
x
Speech
in
Parliament
House
,
Anno
1609.
King
Iames
himselfe
;
that
a
King
governing
in
a
setled
Kingdome
,
ceaseth
to
be
a
King
,
and
degenerates
into
a
Tyrant
,
so
soone
as
hee
leaves
to
rule
by
his
Lawes
;
much
more
,
when
he
begins
to
invade
his
Subjects
,
Persons
,
Rights
,
Liberties
,
to
set
up
an
Abitrary
power
;
impose
unlawfull
Taxes
,
raise
Forces
,
and
make
Warre
upon
his
Subjects
,
whom
he
should
Protect
,
and
rule
in
peace
;
to
pillage
,
plunder
,
waste
,
and
spoile
his
Kingdome
;
imprison
,
murther
,
and
destroy
his
people
in
an
hostile
manner
,
to
captivate
them
to
his
pleasure
;
the
very
highest
degree
of
Tyranny
,
condemned
and
detested
by
God
,
and
all
good
men
.
The
whole
State
and
Kingdome
therefore
in
such
cases
as
these
,
for
their
owne
just
necessary
preservation
,
may
lawfully
with
force
of
Armes
,
when
no
other
course
can
secure
them
,
not
onely
passively
,
but
actively
resist
their
Prince
,
in
such
his
violent
,
exorbitant
,
tyrannicall
proceedings
;
without
resisting
any
kingly
,
lawfull
royall
Authority
Vested
in
the
Kings
person
,
for
the
[
Y
](A91298-e4090-b)
Y
Bract.
l.
3.
c.
9.
Fleta
l.
1.
c.
17.
Fortos
.
c.
9.
to
15.
Cooke
7.
Report
fol.
5.
11.
Calvins
Case
.
Rom.
13
4
,
5.
1
Pet.
2.
14.
kingdomes
preservation
onely
,
not
destruction
;
because
in
,
and
as
to
these
illegall
oppressions
,
tyrannicall
actions
,
not
warranted
,
but
prohibited
by
the
Lawes
of
God
,
and
the
Realme
,
(
to
whom
he
is
[
z
](A91298-e4160-b)
z
See
the
Apendix
.
accountable
,
and
by
whom
he
is
justly
censurable
for
them
)
he
is
no
lawfull
King
,
nor
Majestrate
,
but
an
unjust
oppressing
Tyrant
,
and
a
meere
private
man
,
who
(
as
to
these
proceedings
)
hath
quite
denuded
himselfe
of
his
just
Regall
authority
.
So
that
all
those
wholsome
Lawes
made
by
the
whole
State
in
Parliament
,
for
the
necessary
preservation
and
defence
of
their
Kings
Royall
Person
,
and
lawfull
Soveraigne
power
;
the
suppression
of
all
Insurrections
,
Treasons
,
Conspiracies
and
open
Warres
against
them
,
whiles
they
governe
their
people
justly
according
to
Law
,
(
as
all
good
Princes
are
[
a
](A91298-e4190-b)
a
2
Sam.
23.
3
2
Chro.
9.
8
See
the
Kings
Coron.
oath
,
obliged
to
doe
by
oath
and
duty
;
)
or
the
open
violent
resisting
of
their
Lawfull
authority
and
Commands
;
to
which
all
Subjects
both
in
point
of
Law
and
[
b
](A91298-e4220-b)
b
Row
.
13.
1
2
,
3.
1
Pet.
2
13.
14.
Titus
3.
1
Conscience
,
ought
cheerfully
and
readily
to
Submit
;
will
yeeld
no
publike
Countenance
,
Encouragement
,
or
Protection
at
all
to
Kings
,
in
their
irregall
,
tyrannicall
oppressions
,
or
violent
courses
;
especially
when
they
turne
professed
publike
enemies
to
their
people
,
proclaime
open
Warre
against
them
,
invade
their
Lawes
,
Liberties
,
Goods
,
Houses
,
Persons
,
and
exercise
all
acts
of
Hostilitie
against
them
,
as
fatre
forth
as
the
most
barbarous
Forraigne
Enemies
would
doe
:
It
being
against
all
common
sence
and
reason
to
conceive
,
that
our
Parliaments
,
Lawes
which
strictly
inhibit
and
punish
the
very
smallest
violations
of
the
publike
peace
,
with
all
kinds
of
Oppressions
,
Robberies
,
Trespasses
,
Batteries
,
Assaults
,
Bloodsheds
,
Fraies
,
Murthers
,
Routs
,
Riots
,
Insurrections
,
Burglaries
,
Rapes
,
Plunderings
,
Force-able
Entries
,
Invasions
of
the
Subjects
Liberties
or
Properties
,
in
all
other
persons
,
and
greatest
publike
Officers
whatsoever
(
whose
[
c
](A91298-e4270-b)
c
Perniciosus
de
Repub
&c.
Ciecero
de
Legi
.
2
Sam.
12.
7
,
to
14.
cap.
16.
21.
22.
2
Chr.
33.
See
.
Marian.
de
Reg.
&
Reg.
Inst.
l.
1.
c.
9.
Delinquences
are
so
much
the
more
hainous
,
execrable
and
censurable
,
[
d
](A91298-e4330-b)
d
De
Leg.
Ang
c.
9.
10.
12
,
13.
14.
as
their
persons
,
honours
,
and
places
are
more
eminent
)
should
so
farre
countenance
,
justifie
,
or
patronize
them
onely
in
the
King
,
the
Supreame
fountaine
of
Iustice
(
ad
tutelam
Legis
corporum
&
bonorum
erectus
,
as
Fortescue
,
and
Sir
[
e
](A91298-e4370-b)
e
Lib.
7.
f.
5
,
Calvins
Case
.
c.
Edward
Cooke
resolve
;
Cujus
Potestas
Iuris
est
,
&
non
Injuriae
;
&
cum
sit
author
Iuris
,
non
debet
inde
injuriarum
nasci
occasio
,
unde
Iura
naseuntur
,
as
[
f
](A91298-e4420-b)
f
Lib.
3.
c.
9.
f.
107.
Bracton
,
and
[
g
](A91298-e4450-b)
g
Lib.
1
c.
17.
Fleta
determine
;
)
as
not
to
permit
the
Subjects
,
under
paine
of
Rebellion
and
high
Treason
,
by
force
of
Armes
,
upon
expresse
command
and
direction
of
the
whole
Kingdome
in
Parliament
,
so
much
as
to
defend
their
Persons
,
Goods
,
Estates
,
Houses
,
Wives
,
Children
,
Liberties
,
Lives
,
Religion
,
against
the
open
violence
of
the
King
himselfe
,
or
his
Malignant
plundring
,
murthering
Papists
,
Caveleers
:
When
as
Kings
of
all
others
(
as
[
h
](A91298-e4500-b)
h
Lib
3.
c.
9.
Bracton
,
[
i
](A91298-e4530-b)
i
De
Laud
legum
Angl.
c.
9.
to
15.
For
escue
,
and
[
k
](A91298-e4560-b)
k
De
Rege
&
Regis
Instit.
l.
1.
c.
9.
Mariana
prove
at
large
)
both
by
Oath
and
Duty
,
ought
to
be
more
observant
of
,
and
obedient
to
the
Laws
of
God
and
their
Realmes
(
which
are
[
l
](A91298-e4600-b)
l
Deut.
10.
17
Prov.
28.
21
Rom.
2.
11.
Ephes
6.
11.
1
Pet.
1.
17.
no
respectors
of
Persons
)
then
the
very
meanest
of
their
Subjects
.
That
Precept
then
of
Paul
,
Rom.
13.
1.
2.
3.
Let
every
Soule
be
subject
to
the
higher
Powers
,
&c.
And
the
Statute
of
25.
E.
3.
c.
2.
with
other
obsolete
Acts
,
which
declare
it
High
Treason
,
to
levy
Warre
against
the
King
in
his
Realme
,
must
needs
be
intended
of
,
and
quallified
with
these
subsequent
just
limitations
,
sutable
to
their
genuine
sense
and
meaning
;
to
wit
,
That
as
long
,
and
so
farre
foorth
,
as
Kings
justly
and
uprightly
doe
execute
their
just
Royall
power
,
conferred
on
them
by
God
and
their
people
,
according
to
the
Law
of
God
,
and
their
Realmes
,
to
the
Protection
,
encouragement
and
praise
of
all
their
good
Subjects
,
and
the
deserved
punishment
onely
of
Malefactors
;
they
must
and
ought
to
be
cheerefully
obeyed
,
and
quietly
submitted
to
,
as
Gods
owne
Ministers
,
without
the
least
resistance
,
private
or
publike
;
neither
ought
any
private
men
upon
any
private
injuries
,
of
their
owne
authority
to
raise
up
in
Armes
against
them
,
seeing
they
are
publike
Magistrates
in
whom
all
the
Kingdome
have
an
interest
,
without
the
generall
assent
and
authority
of
the
whole
State
and
Kingdome
,
or
of
both
Houses
of
Parliment
which
represents
it
.
But
if
Kings
degenerate
into
Tyrants
,
and
turne
professed
enemies
to
their
Kingdomes
,
Parliaments
,
People
,
by
making
open
Warre
against
them
;
by
spoyling
,
murthering
,
imprisoning
,
maiming
,
sacking
,
destroying
,
or
putting
them
out
of
their
Protections
,
without
any
just
or
lawfull
grounds
,
endeavouring
by
force
of
Armes
to
subvert
their
Lawes
,
Liberties
,
Religion
,
and
expose
them
as
a
prey
to
their
mercilesse
blood-thirsty
Souldiers
;
or
bring
in
Forraigne
Forces
to
conquer
them
,
(
our
present
case
;
)
I
dare
confidently
averre
,
it
was
never
the
thought
nor
intention
of
Paul
,
or
the
Holy
Ghost
,
much
lesse
of
our
Nobles
,
Prelats
,
and
Commons
in
Parliament
,
which
enacted
these
Lawes
(
who
so
oft
tooke
up
Armes
,
aswell
offensive
,
as
defensive
,
against
our
Kings
,
in
such
like
cases
heretofore
)
to
inhibit
Subjects
,
Kingdomes
,
Parliaments
(
especially
,
by
direct
Votes
and
Ordinances
of
both
Houses
)
under
paine
of
damnation
,
high
Treason
,
or
Rebellion
,
by
defensive
Armes
to
resist
Kings
themselves
,
or
any
of
their
Cavalliers
:
and
if
this
question
had
beene
put
to
Paul
,
Peter
,
or
any
of
those
Parliaments
,
which
enacted
these
objected
Lawes
;
Whether
they
ever
meant
by
these
Precepts
or
Statutes
,
totally
to
prohibite
all
Subjects
,
by
generall
assent
in
Parliament
,
to
take
up
such
defensive
Armes
,
or
make
any
forceable
resistance
,
against
their
Kings
or
their
Armies
,
in
such
cases
of
extremity
and
necessity
as
these
,
under
the
foresaid
penalties
?
I
make
little
question
,
but
they
would
have
clearely
resolved
;
that
it
was
never
so
much
as
within
the
compasse
of
their
thoughts
,
much
lesse
their
plaine
intention
,
to
prohibite
such
a
resistance
,
in
this
or
such
like
cases
,
but
onely
according
to
the
precedent
exposition
of
their
words
;
and
that
they
never
imagined
to
establish
in
the
world
any
Vnresistable
Lawlesse
Tyranny
,
or
any
such
spoile
or
butchery
of
Kingdomes
,
of
Subjects
,
execrable
to
God
and
man
,
in
all
persons
,
all
ages
,
which
have
[
*
](A91298-e4690-b)
*
See
Doctor
Beards
Theater
of
Gods
Iudgements
,
l.
2.
c.
13.
to
42.
resisted
them
even
unto
blood
;
but
rather
totally
to
suppresse
them
;
There
being
scarce
any
more
pregnant
Text
,
against
the
Tyranny
,
the
boundlesse
Prerogatives
,
the
illegall
proceedings
of
Kings
,
and
Higher
Powers
in
all
the
Scripture
,
then
that
of
Romans
13.
1.
to
7.
if
rightly
scanned
,
as
Pareus
,
and
others
on
it
manifest
.
Therefore
the
Parliaments
and
peoples
present
defensive
Warre
,
and
resistance
against
their
seduced
King
,
and
his
Malignant
Popish
Cavalliers
,
is
no
violation
of
any
Law
of
God
,
of
the
Realme
;
but
a
just
necessary
Warre
,
which
they
have
to
the
uttermost
endeavoured
to
prevent
:
and
no
Treason
,
no
Rebellion
at
all
within
the
meaning
of
any
Law
,
or
Statute
,
unlesse
we
should
thinke
our
Parliaments
so
mad
,
as
to
declare
it
high
Treason
,
or
Rebellion
,
even
for
the
Parliament
and
Kingdome
it selfe
,
so
much
as
to
take
up
Armes
for
their
owne
necessary
preservation
,
to
prevent
their
inevitable
ruine
,
when
they
are
openly
assaulted
by
Royall
armies
;
which
none
can
ever
presume
they
would
doe
,
being
the
very
high
way
to
their
owne
,
and
the
whole
Kingdomes
subversion
.
Fiftly
,
admit
the
King
should
bring
in
Forraigne
forces
(
French
,
Spanish
,
Danes
,
Dutch
,
or
Irish
)
to
destroy
,
or
Conquer
his
Subjects
,
Parliament
,
Kingdome
,
(
as
some
such
forces
are
already
landed
,
and
more
expected
dayly
;
)
and
should
join
himselfe
personally
with
them
in
such
a
service
,
I
thinke
there
is
no
Divine
,
Lawyer
,
or
true
hearted
Englishman
,
so
void
of
reason
,
or
common
understanding
,
as
to
affirme
it
Treason
,
or
Rebellion
in
point
of
Law
,
and
a
matter
of
Damnation
in
Conscience
,
or
true
Divinity
,
for
the
Parliaments
,
Subjects
,
Kingdome
,
to
take
up
necessary
defensive
armes
for
their
owne
preservation
in
such
a
case
,
even
against
the
King
himselfe
,
and
his
army
of
Aliens
;
but
would
rather
deeme
it
a
just
,
honourable
,
necessary
action
;
yea
,
a
duty
,
for
every
English
man
to
venture
his
life
,
and
all
his
fortunes
,
for
the
defence
of
his
owne
dearest
Native
Countrey
,
Posterity
,
Liberty
,
Religion
;
and
no
lesse
then
a
glorious
[
m
](A91298-e4840-b)
m
Gratian.
Causa
23.
qu.
1.
2.
3.
Calvin
.
Lexicon
.
Iurid
Tit
Bellum
.
Martyrdome
,
to
dye
manfully
in
the
Field
,
in
such
a
publicke
quarrell
:
the
very
Heathens
generally
resolving
;
that
[
n
](A91298-e4860-b)
n
Cicero
Tusquaest
.
l.
2.
Dulce
&
decorum
est
pro
Patria
mori
:
Et
mortes
pro
Patria
appetitae
,
Non
solum
gloriosae
Rhetoribus
,
sed
etiam
beatae
videri
solent
:
In
a
case
of
this
quallitie
.
Whence
that
noble
Romane
[
o
](A91298-e4890-b)
o
Liv
Rom.
Hist.
l
5.
sect.
51.
p.
219.
Camillus
,
professed
to
all
the
Romanes
in
a
publike
Oration
;
Patriae
deesse
quoad
vita
suppetat
,
alijs
turpe
,
Camillo
etiam
NEFAS
EST.
And
is
not
there
the
selfe
same
equity
,
and
reason
,
when
the
King
shall
raise
an
Army
of
Popish
English
,
or
Irish
Rebels
,
Malignants
,
Delinquents
,
and
bring
in
Forraigners
(
though
yet
in
no
great
proporation
)
to
effect
the
like
designe
.
If
armed
forceable
resistance
be
no
Treason
,
no
Rebellion
in
Law
or
Conscience
,
in
the
first
,
it
can
be
no
such
crime
in
our
present
case
.
Sixtly
,
I
would
demand
of
any
Lawyer
,
or
Divine
:
What
is
the
true
genuine
reason
,
that
the
taking
up
of
offensive
armes
against
,
or
offering
violence
to
the
person
,
or
life
of
the
King
,
is
High
Treason
,
in
point
of
Law
and
Divinitie
?
Is
it
not
onely
because
and
as
he
is
,
the
head
and
chiefe
member
of
the
Kingdome
,
which
hath
a
Common
interest
in
him
;
and
because
the
Kingdome
it selfe
sustaines
a
publike
prejudice
and
losse
by
this
War
against
,
and
violence
to
his
Person
?
Doubtlesse
,
every
man
must
acknowledge
this
,
to
be
the
onely
reason
;
for
if
he
were
not
such
a
publike
person
,
the
levying
War
against
,
or
murthering
of
him
,
could
be
no
High
.
Treason
at
all
.
And
this
is
the
reason
,
why
the
elsewhere
cited
Statutes
of
our
Realme
,
together
with
our
Historians
,
make
levying
of
Warre
,
deposing
,
or
killing
the
King
by
private
persons
,
High
Treason
;
not
onely
against
the
King
,
but
the
REALME
,
and
Kingdome
to
;
Witnesse
the
Statutes
of
5.
R.
2.
c
,
6.
11.
R.
2.
c.
1.
3.
6.
17
R.
2.
c.
8.
21.
R.
2.
c.
2.
4.
20.
3.
H.
5.
Parl.
2.
c.
6.
28.
H.
8.
c.
7.
1.
Mar.
c.
6.
13.
Eliz.
c.
1.
3.
Iaco.
1.
2.
3.
4.
and
the
Act
of
Pacification
this
present
Parliament
,
(
declaring
those
persons
of
England
and
Scotland
TRAITORS
TO
EITHER
REALME
,
who
shall
take
up
Armes
against
either
Realme
,
without
common
consent
of
Parliament
)
which
Enact
,
The
levying
of
Warre
against
the
Kingdome
and
Parliament
,
invading
of
England
or
Ireland
,
treachery
against
the
Parliament
,
repealing
of
certaine
Acts
of
Parliament
,
ill
Counselling
the
King
,
coyning
false
Money
,
and
offering
violence
to
the
Kings
person
,
to
take
away
his
Life
,
to
be
high
Treason
,
not
onely
against
the
King
and
his
Crowne
,
but
THE
REALME
TO
;
and
those
who
are
guilty
of
such
crimes
,
to
bee
High
Traitors
and
Enemies
TO
THE
REALME
,
[
p
](A91298-e5140-b)
p
Walsingh
.
Hist.
Ang.
p.
334.
335.
as
well
at
to
the
King
.
Hence
Iohn
of
Gaunt
,
Duke
of
Lancaster
,
being
accused
in
a
Parliament
held
in
7.
R.
2.
by
a
Carmelite
Frier
,
of
High
Treason
,
for
practising
sodainely
to
surprise
the
KING
,
and
seize
upon
his
Kingdome
;
the
Duke
denied
it
,
as
a
thing
incredible
upon
this
very
ground
;
If
I
should
thus
(
said
he
)
affect
the
Kingdome
:
[
q
](A91298-e5240-b)
q
Walsing
,
hist
Ang.
p.
337.
Js
it
credible
after
your
murder
(
which
God
forbid
)
that
the
Lords
of
this
Kingdome
,
could
patiently
endure
me
,
Domini
mei
ET
PATRIAE
PRODITOREM
,
being
a
Traitor
both
of
my
LORD
and
COUNTREY
?
Hence
in
the
same
Parliament
of
7.
R.
2.
John
Walsh
Esquire
Captaine
of
Cherburg
in
France
,
was
accused
by
one
of
Navarre
,
DE
PRODITIONE
REGIS
&
REGNI
,
Of
Treason
against
the
King
and
Kingdome
;
for
delivering
up
that
Castle
to
the
Enemies
;
And
in
the
[
r
](A91298-e5330-b)
r
Walsing.
hist.
Ang.
p.
245.
246.
Parliament
of
3.
R.
2.
Sir
John
Annesley
Knight
,
accused
Thomas
Ketrington
Esquire
,
of
Treason
against
the
King
and
Realme
,
for
betraying
and
selling
the
Castle
of
Saint
Saviour
within
the
Isse
of
Constantine
in
France
,
[
s
](A91298-e5410-b)
s
Walsing.
hist
Ang
p
72.
76
91
,
92.
105
,
106.
to
the
French
,
for
a
great
summe
of
money
,
when
as
he
neither
wanted
Victuals
,
nor
meanes
to
defend
it
:
both
which
Accusations
(
being
of
Treasons
beyond
the
Sea
)
were
determined
by
Battle
,
and
Duels
fought
to
decide
them
.
Hence
the
great
Favourite
,
Pierce
Gaveston
,
Tanquam
Legum
subversor
,
Hostis
Terrae
Publicus
,
&
Publicus
Regni
Proditor
,
capite
truncatus
est
:
and
the
two
Spensers
after
him
,
were
in
Edward
the
second
his
Raigne
likewise
banished
,
condemned
,
and
executed
,
as
Traitors
to
the
King
and
Realme
,
ET
REGNI
PRODITORES
for
miscounselling
and
seducing
the
King
,
and
moving
him
to
make
Warre
upon
his
people
:
Hence
both
the
[
t
](A91298-e5510-b)
t
Halls
Chro.
1
&
3.
H.
4
f.
17
,
22.
Fox
Acts
&
Mon.
vol.
1.
Edit.
ult.
Col.
676
,
677.
Pierces
,
and
the
Archbishop
of
Yorke
,
in
their
Articles
against
King
Henry
the
fourth
,
accused
him
,
as
guilty
of
High
Treason
,
and
a
Traitor
both
to
the
King
,
Realme
and
Kingdome
of
England
,
for
Deposing
and
murthering
Richard
the
second
.
And
hence
the
Gunpouder
Conspirators
,
were
[
u
](A91298-e5610-b)
u
3
Iac.
c.
1
,
2
3
,
4.
The
Kings
Proclamations
.
3
Iacob
.
Against
them
,
and
the
Arrai●nement
of
Traitors
.
declared
,
adjudged
,
and
executed
as
Traitors
both
to
the
KING
&
REALME
,
for
attempting
to
blow
up
the
Parliament
House
,
when
the
King
,
Nobles
,
and
Commons
were
therein
assembled
:
If
then
the
King
shall
become
an
open
enemie
to
his
Kingdome
,
and
Subjects
,
to
waste
or
ruine
them
;
or
shall
seeke
to
betray
them
to
a
Forraigne
Enemy
(
which
hath
beene
held
no
lesse
then
Treason
in
a
King
to
doe
,
who
by
the
expresse
resolution
of
28.
H.
8.
cap.
7.
may
become
a
Traitor
to
the
REALME
,
and
thereupon
forfeit
his
very
right
and
title
to
the
Crowne
;
)
it
can
be
no
Treason
nor
Rebellion
in
Law
or
Theologie
,
for
the
Parliament
,
Kingdome
,
Subjects
,
to
take
up
armes
against
the
King
and
his
Forces
,
in
such
a
case
,
when
he
shal
wilfully
and
maliciously
rent
himselfe
from
,
and
set
himselfe
in
direct
opposition
against
his
Kingdome
;
and
by
his
owne
voluntary
actions
turne
their
common
interest
in
him
for
their
good
and
protection
,
into
a
publicke
engagement
against
him
,
as
a
common
Enemy
,
who
seekes
their
generall
ruine
.
And
if
Kings
may
lawfully
take
up
armes
against
their
Subjects
,
as
all
Royallists
plead
,
after
they
reject
their
lawfull
power
,
and
become
open
Rebels
or
Traitors
,
because
then
as
to
this
,
they
cease
to
be
Subjects
any
longer
,
and
so
forfeit
the
benefit
of
their
Royal
protection
:
By
the
self-same
reason
(
the
bond
and
stipulation
being
mutuall
;
Kings
being
their
Subjects
[
*
](A91298-e5700-b)
*
Cooke
7.
Report
,
Calvins
case
.
Liege
Lords
,
by
Oath
and
Duty
,
as
well
as
they
their
Liege
people
:
)
When
Kings
turne
open
professed
Foes
to
their
Subjects
in
an
Hostile
Warrelike
way
,
they
presently
both
in
Law
and
Conscience
,
cease
to
be
their
Kings
de
jure
,
as
to
this
particular
,
and
their
Subjects
alleagiance
thereby
is
as
to
this
discharged
,
and
suspended
towards
them
,
as
appeares
by
the
Kings
Coronation
Oath
,
and
the
[
*
](A91298-e5740-b)
*
Math.
Paris
pag.
73.
Speed
p.
483.
484.
Lords
and
Prelats
conditionall
Fealty
to
King
Steven
,
so
that
they
may
justly
in
Law
and
Conscience
resist
their
unlawfull
assaults
,
as
enemies
;
for
which
they
must
onely
censure
their
owne
rash
unjust
proceedings
,
and
breach
of
Faith
to
their
People
,
not
their
Peoples
just
defensive
opposition
which
themselves
alone
occasioned
.
Seventhly
,
It
must
of
necessity
be
granted
;
that
for
any
King
to
levie
warre
against
his
Subjects
,
unlesse
upon
very
good
grounds
of
Law
and
conscience
,
and
in
case
of
absolute
necessity
,
when
there
is
no
other
remedy
left
,
is
directly
contrary
to
his
very
Oath
and
duty
,
witnes
the
Law
of
King
Edward
the
Confessor
,
cap.
17.
and
Coronation
Oathes
of
all
our
Kings
forementioned
;
To
keepe
PEACE
and
godly
agreement
INTIRELY
,
ACCORDING
TO
THEIR
POWER
to
their
people
;
Contrary
to
all
the
fundamentall
Lawes
of
the
Realme
,
and
the
Prologues
of
most
Statutes
,
intirely
to
preserve
,
and
earnestly
to
indeavour
the
peace
and
welfare
of
their
peoples
persons
,
goods
,
estates
,
lawes
,
liberties
;
Contrary
to
the
main
tenor
of
all
[
y
](A91298-e5830-b)
y
1
Tim.
2.
1
2
,
3.
Ier.
19
7
Psal.
122.
6.
7
,
8.
Isa.
29.
8.
&
9.
6.
Sacred
Scriptures
,
which
have
relation
unto
Kings
;
but
more
especially
to
the
1
Kings
12.
21.
23.
24.
and
2
Chron.
11.
1.
2.
Where
when
King
Rehoboam
had
gathered
a
very
great
army
to
fight
against
the
ten
Tribes
,
(
which
revolted
from
him
for
following
his
young
Counsellors
advice
,
and
denying
their
just
request
,
and
crowned
Ieroboam
for
their
King
)
intending
to
reduce
them
to
his
obedience
by
force
of
armes
;
God
by
his
Prophet
Shemiah
expressely
prohibited
him
and
his
army
,
to
goe
up
,
or
fight
against
them
;
and
made
them
all
to
returne
to
their
owne
houses
without
fighting
;
and
to
Isay
14.
4.
19.
to
22.
where
God
threatens
,
to
cast
the
King
of
Babilon
out
of
his
grave
,
as
an
abhominable
branch
,
as
a
carcasse
trodden
under
foot
,
(
marke
the
reason
)
Because
thou
hast
destroyed
thy
Land
,
and
slaine
thy
People
,
to
cut
off
from
Babylon
his
name
and
remembrance
,
and
Sonnes
and
Nephewes
:
as
he
had
cut
off
his
peoples
,
though
heathens
.
Yea
,
contrary
to
that
memorable
Speech
of
that
noble
Roman
[
*
](A91298-e5930-b)
*
Livy
Rom.
Hist.
l.
7.
Dec.
40
,
p.
285.
Arist.
Polit.
l.
p.
5.
Marian●
de
Rege
,
l.
c.
c.
5.
Valerius
Corinus
when
he
was
chosen
Dictator
,
and
went
to
fight
against
the
Roman
conspirators
,
who
toke
up
armes
against
their
Country
.
Fugeris
etiam
honestius
,
tergumque
civi
dederis
,
quam
pugnaveris
contra
patriam
;
nunc
ad
pacificandum
bene
atque
honeste
inter
primos
stabis
:
postulate
aequa
et
ferte
;
quanquam
vel
iniquis
standum
est
potius
,
quam
impias
inter
nos
conseramus
manus
,
&c.
If
then
a
Kings
offensive
warre
upon
his
Subjects
,
without
very
just
grounds
and
unevitable
occasions
be
thus
utterly
sinfull
,
and
unlawfull
in
law
and
Conscience
;
and
most
diametrally
contrary
to
the
Oath
,
Office
,
trust
and
duty
of
a
King
,
(
who
by
this
strange
metamorphosis
[
a
](A91298-e6000-b)
a
Arist.
Polit.
l.
3.
&
5
Buchan
.
de
Iure
Regni
apad
Scotos
.
becomes
a
Wolfe
instead
of
a
Shepheard
,
a
destroyer
in
liew
of
a
Protector
;
a
publike
Enemy
in
place
of
a
Common
friend
;
an
unnaturall
Tyrant
,
instead
of
a
naturall
King
)
it
followes
inevitably
;
that
the
Subjects
or
Kingdomes
resistance
and
defensive
warre
in
such
a
case
,
both
by
the
law
of
God
,
of
nature
,
of
the
Realme
,
must
be
lawfull
,
and
just
;
because
directly
opposite
to
,
the
only
preservative
against
that
warre
,
which
is
unlawfull
and
unjust
:
and
so
no
Treason
,
nor
Rebellion
(
by
any
Law
of
God
or
man
,
)
which
are
illegall
and
criminall
too
.
Eightly
,
It
is
the
received
resolution
of
all
[
b
](A91298-e6100-b)
b
Gratia●
.
Causa
,
23.
qu
1
,
2
,
3.
Iacob
Spulegiu●
,
Lexicon
Iur
is
,
tit
Bellum
.
F.
de
Iustitia
et
jure
Non
sine
.
Ioannis
Ca●vini
Lexicon
●uris
.
Tit.
Bellum
co.
244
,
245.
Summa
Angelica
,
et
Rosella
Aensis
Sum.
Part.
3.
qu.
36.
mem.
3.
&
quaest.
47.
num.
3.
Martin
Laud.
de
Bello
,
Suriu●
Concil.
Tom.
3.
p.
520.
Canoni●●s
,
Schoolemen
,
and
Civill
Lawyers
;
That
a
defensive
warre
undertaken
onely
for
necessary
defence
,
doth
not
prop●ly
deserve
the
nam
of
warre
,
but
onely
of
Defence
:
That
it
is
no
l●vying
of
warre
at
all
,
(
which
implies
an
active
offen●ive
,
not
passive
defensive
raising
of
forces
,
and
so
no
Treason
nor
offence
within
the
statute
of
25.
E.
3.
c.
2.
as
the
Parliament
,
the
onely
proper
Iudge
of
Treasons
,
hath
already
resolved
in
point
of
Law
but
a
faculty
onely
of
defence
Cuilibet
Omni
Iure
,
ipsoque
Rationis
Ductu
Permissa
;
&c.
permitted
to
every
one
By
all
Law
,
(
or
right
)
and
by
the
very
conduct
of
reason
,
since
to
propulse
violence
and
iniury
is
permitted
by
the
very
Law
of
Nations
.
Hence
of
all
the
seven
sorts
of
warre
which
they
make
,
they
define
the
last
to
be
,
A
just
and
Necessary
War
quod
fit
se
et
sua
defendendo
;
and
that
those
who
d●e
is
such
a
war
(
caeteris
paribus
)
are
safe
(
Causa
23.
qu.
1.
)
and
if
they
be
slaine
for
defence
of
the
Common-wealth
,
their
memory
shall
live
in
perpetuall
glory
.
And
hence
they
give
this
Definition
of
a
just
Warre
.
[
c
](A91298-e6190-b)
c
Calv.
Lexicon
.
Jurid
.
Ib.
ex
Hotomano
.
and
other
forcited
.
Warre
is
a
Lawfull
Defence
against
an
imminent
or
praeceeding
offence
upon
a
publike
or
private
cause
,
concluding
:
That
if
Defence
be
severed
from
Warre
,
it
is
a
Sedition
,
not
Warre
;
Although
the
Emperour
himselfe
denounce
it
;
Yea
,
although
the
whole
World
combined
together
.
Proclaime
it
:
For
the
Emperour
,
a
King
,
can
no
more
lawfully
hurt
another
in
Warre
,
then
he
can
take
away
his
goods
or
life
without
cause
.
Therefore
let
Commentato●s
b●awle
eternally
about
Warre
,
yet
they
shall
never
justifie
nor
prove
it
lawfull
,
Nisi
ex
Defensione
Legitima
;
but
when
it
proceeds
from
Lawfull
defence
,
all
Warres
being
rash
and
unjust
,
against
those
who
justly
defend
themselves
.
This
Warre
then
being
undertaken
by
the
Parliament
,
onely
for
their
owne
,
and
the
Kingdomes
necessary
defence
,
against
the
Kings
invasive
Armies
and
Cavalliers
(
especially
,
now
after
the
Kings
rejection
of
all
Honourable
and
safe
termes
of
Peace
and
accommodation
tendered
to
him
by
the
Parliament
:
)
must
needs
be
just
and
lawfull
;
and
so
no
Treason
,
nor
Rebellion
,
in
point
of
Law
or
Conscience
;
Since
no
Law
of
God
,
nor
of
the
Realme
,
hath
given
the
King
any
Authority
or
Commission
at
all
to
make
this
unnaturall
Warre
upon
his
Parliament
,
his
people
,
to
enslave
their
Soules
and
Bodies
,
or
any
inhibition
to
them
,
not
to
defend
themselves
in
such
a
case
.
These
generall
Considerations
thus
premised
,
wherein
Law
and
Conscience
walke
hand
in
hand
;
I
shall
in
the
next
place
lay
downe
such
particular
grounds
for
the
justification
of
this
Warre
,
which
are
meerely
Legall
;
extracted
out
of
the
bowels
of
our
knowne
Lawes
;
which
no
professors
of
them
can
contradict
.
First
,
it
is
unquestionable
,
that
by
the
Common
and
Statute
Law
of
the
Land
,
the
King
himselfe
,
who
cannot
lawfully
proclaime
Warre
against
a
Forraigne
Enemy
,
much
lesse
against
his
people
,
without
his
Parliaments
previous
assent
,
as
I
have
elsewhere
proved
;
cannot
by
his
absolute
Soveraigne
Prerogative
,
either
by
verball
Commands
,
or
Commissions
under
the
great
Seale
of
England
,
derive
any
lawfull
or
just
Authority
to
any
Generall
,
Captaine
,
Cavalliers
,
or
person
whatsoever
,
without
Legall
Triall
and
Conviction
,
to
seize
the
Goods
or
Chattels
of
any
his
Subjects
,
much
lesse
,
forcecibly
to
Rob
,
Spoile
,
Plunder
,
Wound
,
Beat
,
Kill
,
Imprison
,
or
make
open
War
upon
them
,
without
a
most
just
and
in
vitable
occasion
,
and
that
after
open
kostilitij
denounced
against
them
.
And
if
any
by
vertue
of
such
illegal
Commissions
or
Mandats
,
Assault
,
Plunder
,
Spoile
,
Rob
,
Beat
,
Wound
,
Slay
,
Imprison
,
the
Goods
,
Chattels
,
Houses
,
Persons
of
any
Subject
not
lawfully
convicted
;
They
may
,
and
ought
to
be
proceeded
against
,
resisted
,
apprehended
,
indicted
condemned
for
it
,
notwithstanding
such
Commissions
as
Trespassers
,
Theeves
,
Burglarers
,
Felons
,
Murderers
,
both
by
Statute
,
and
Common
Law
;
As
is
clearely
enacted
and
resolved
,
by
Magna
Charta
,
cap.
29.
15.
E.
3.
Stat.
1.
cap.
1.
2.
3.
42.
E.
3.
cap.
1.
3.
28.
E.
1.
Artic.
super
Chartas
,
cap.
2.
4
E.
3.
c.
4.
5.
E.
3.
cap.
2.
24.
E.
3.
cap.
1.
2
R.
2
cap.
7.
5
R.
2
ca
5.
1.
H.
5.
cap.
6.
11.
R.
2.
cap.
1.
to
6.
24
H.
8.
cap.
5.
21.
Jacob.
c.
3.
Against
Monopolies
.
The
Petition
of
Right
.
3.
Caroli
2.
E.
3.
c.
8.
14.
E.
3.
ca.
14.
18.
E.
3.
Stat.
3.
20.
E.
3.
cap.
1.
2.
3.
1.
R
2.
cap.
2.
And
generally
all
Satutes
against
Purveyers
42.
Ass.
Pl.
5.
12.
Brooke
Commissions
,
15.
16.
Fortesoue
,
c
p.
8.
9.
10.
13.
14.
26.
1.
E.
3.
2.
2.
H.
4.
24.
Br.
Faux
Jmprisonment
,
30.
28.
22.
E.
4
45.
a
Tr.
16.
H.
6.
Monstrans
de
Faits
182
Stamford
lib.
1.
fol.
13.
a.
37.
a.
The
Conference
at
the
Committies
of
both
Houses
,
3
o.
Aprilis
,
4
o.
Caroli
,
concerning
the
Right
and
Priviledge
of
the
Subject
:
newly
Printed
.
Cooke
lib.
5.
fol.
50.
51.
lib.
7.
fol.
36.
37.
lib.
8.
fol.
125.
to
129.
Iudge
Crooks
and
Huttons
Arguments
,
against
Shipmoney
,
with
divers
other
Law-Bookes
.
Therefore
the
Cavalliers
can
no
waies
justifie
,
nor
excuse
their
Wounding
,
Murthering
,
Imprisoning
,
Assaulting
,
Robbing
,
Pillaging
,
and
spoiling
of
his
Majesties
people
and
Subjects
,
and
making
Warre
upon
them
,
by
vertue
of
any
Warrant
or
Commission
from
the
King
;
but
may
justly
and
legally
be
apprehended
,
resisted
,
and
proceeded
against
,
as
Murtherers
,
Rebels
,
Robbers
,
Felons
,
notwithstanding
any
pretended
Royall
Authority
to
countenance
their
execrable
unnaturall
proceedings
.
Secondly
,
It
is
irrefragable
,
that
the
Subjects
in
defence
of
their
own
Persons
,
Houses
,
Goods
,
Wives
,
Families
,
against
such
as
violently
assault
them
by
open
force
of
Armes
,
to
wound
,
slay
,
beate
,
imprison
,
robbe
,
or
plunder
them
,
(
though
by
the
Kings
own
illegall
Commission
)
may
not
onely
lawfully
arme
themselves
,
and
fortifie
their
houses
(
their
Castles
in
Iudgement
of
Law
,
)
against
them
;
but
refist
,
apprehend
,
disarme
,
beat
,
wound
,
repulse
,
kill
them
in
their
just
necessary
defence
;
not
onely
without
guilt
of
Treason
,
or
Rebellion
,
but
of
Tresspas
,
or
the
very
least
offence
;
And
Servants
in
such
Cases
may
lawfully
justifie
,
not
onely
the
beating
,
but
killing
of
such
persons
,
who
assault
their
Masters
persons
,
goods
,
or
houses
;
as
is
expresly
resolved
by
the
Statute
of
21.
E.
1.
De
malefactoribus
in
Parcis
;
By
24.
H.
8.
cap.
5.
Fitzherbert
,
Corone
,
192.
194.
246.
258.
261.
330.
21.
H.
7
39.
Trespas
,
246.
Stamford
,
lib.
1.
cap.
5.
6.
7.
22.
Ass.
46.
11.
H.
6.
16.
a.
14.
H.
6.
24.
b.
35.
H.
6.
51.
a.
9.
E.
4.
48.
b.
12.
E.
4.
6.
a.
12.
H.
8.
2.
b.
Brooke
,
Coron
63.
&
Trispas
217.
Therefore
they
may
justly
defend
themselves
,
resist
,
oppose
,
apprehend
,
and
kill
his
Majesties
Cavalliers
,
notwithstanding
any
Commissions
,
and
make
a
defensive
Warre
against
them
;
when
as
they
assault
their
persons
,
houses
,
goods
,
or
habitations
,
without
any
Treason
,
Rebellion
,
or
Crime
all
against
the
King
or
Law
.
Thirdly
,
It
is
past
dispute
,
That
the
Sheriffes
Iustices
of
Peace
,
Mayors
,
Constables
and
all
other
Officers
of
the
Realme
,
may
and
ought
by
our
Lawes
and
Statutes
to
raise
the
power
of
the
Counties
and
places
where
they
live
,
and
command
all
persons
to
arme
themselves
to
assist
them
upon
their
Command
,
when
they
see
just
cause
(
which
commands
they
are
all
bound
to
obey
under
paine
of
imprisonment
and
fines
,
for
their
contemptuous
disobediene
herein
:
)
to
suppresse
and
withstand
all
,
publicke
breaches
of
the
Peace
,
Riots
,
Routs
,
Robberies
,
Fraies
,
Tumults
,
Forcible
Entries
,
and
to
apprehend
,
disarme
,
imprison
,
and
bring
to
condigne
punishment
all
Peace-breakers
,
Riotors
,
Trespassers
,
Robbers
,
Plunderers
,
Quarrellers
,
Murtherers
,
and
Forces
met
together
,
to
doe
any
unlawfull-Hostile
act
,
(
though
by
the
Kings
owne
precept
:
)
and
in
case
they
make
resistance
of
their
power
,
they
may
lawfully
kill
and
slay
them
without
crime
or
guilt
,
if
they
cannot
otherwise
suppresse
or
apprehend
them
:
yea
,
the
Sheriffes
,
and
all
other
Officers
may
lawfully
raise
and
arme
the
power
of
the
County
to
apprehend
Delinquents
,
by
lawfull
Warrants
from
the
Parliament
,
or
Processe
out
of
other
inferiour
Courts
of
Iustice
,
when
they
contemptuously
stand
out
against
their
Iustice
,
and
will
not
render
themselves
to
a
Legall
triall
;
in
which
service
all
are
bound
by
Law
to
assist
these
Officers
,
who
may
lawfully
slay
such
contemptuous
Offenders
,
in
case
they
cannot
otherwise
apprehend
them
.
All
which
is
Enacted
and
Resolved
by
19.
E.
3.
cap.
38.
3.
Ed.
1.
cap.
5.
2.
R.
2.
cap.
6.
5.
R.
2.
cap.
5.
6.
7.
R
:
2.
cap.
6.
17.
R.
2.
cap.
8.
13.
H.
4.
cap
,
7.
1.
H.
5.
cap.
6.
2.
H.
5.
cap.
6.
8.
19.
H.
7.
cap.
13.
3.
E.
6.
cap.
5.
1.
Mar.
cap.
12.
31.
H.
6.
cap.
2.
19.
E.
2.
Fitz
Execution
,
247.
8.
H.
4.
19.
a
22.
Ass.
55.
3.
H.
7.
fol.
1.
10.
5.
H.
7.
fol.
4.
Register
,
f●
59.
60.
61.
Fitz.
Coron.
261.
288.
289.
328.
346.
Stamford
,
lib.
1.
cap.
5.
6.
Cooke
lib.
5.
fol.
92.
9.
3.
with
sundry
other
Bookes
,
and
Acts
of
Parliament
,
and
Walsingham
,
Hist.
Angliae
,
pag.
283.
284.
Yea
,
the
Statute
of
13.
Ed.
1.
cap.
38.
recites
;
That
such
resistance
of
Processe
out
of
any
the
Kings
Courts
(
much
more
then
out
of
the
Highest
Court
of
Parliament
)
redounds
much
to
the
dishonour
of
the
King
and
his
Crowne
;
and
that
such
resisters
shall
be
imprisoned
and
fined
,
because
they
are
desturbers
of
the
Kings
Peace
,
and
of
his
Realme
.
And
the
expired
Statute
of
31.
H.
6.
cap.
2.
Enacted
:
That
if
any
Duke
,
Marquesse
,
Earle
,
Viscount
,
or
Baron
,
complained
of
for
any
great
Riots
,
Extortions
,
Oppressio●s
,
or
any
offence
by
them
done
against
the
Peace
and
Lawes
,
to
any
of
the
Kings
Liege-people
,
should
refuse
to
obey
the
Processe
of
he
Kings
Court
,
under
his
Great
or-privie
Seale
,
to
him
directed
,
to
answer
his
said
offenes
;
either
by
refusing
to
receive
the
said
Processe
,
or
dispiting
it
,
on
withdrawing
himselfe
f●r
that
cause
,
and
not
appearing
after
Proclamation
made
by
the
Sheriffe
in
the
County
,
at
the
day
prescribed
by
the
Proclamation
;
that
then
hee
should
for
this
his
contempt
,
forfeit
and
lose
all
his
Offices
,
Fees
,
Annuities
,
and
other
Possessions
that
he
,
or
any
man
to
his
use
,
hath
of
the
gift
or
grant
of
the
King
,
or
any
of
his
Progenitors
,
made
to
him
or
any
of
his
Ancestors
:
And
in
case
he
appeares
not
upon
the
second
Proclamation
on
the
day-therein
to
him
limited
;
that
then
he
shall
lose
and
forfeit
his
Estate
and
place
in
Parliament
,
and
also
All
the
Lands
and
Tenements
wh●ch
he
hath
,
or
any
other
to
his
use
for
terme
of
his
life
,
and
all
other
persons
having
no
Lands
not
appearing
after
Proclamation
,
were
to
be
put
out
of
the
Kings
Protection
,
by
this
Act.
Such
a
hemous
offence
was
it
then
reputed
,
to
disobey
the
Processe
of
Chancery
,
and
other
inferiour
Courts
of
Iustice
even
in
the
greatest
Peeres
;
how
much
greater
crime
then
is
,
and
must
it
be
,
contemptuously
to
disobey
the
Summons
,
Processe
,
and
Officers
of
the
Parliament
it selfe
,
the
supremest
Court
of
Judicature
,
especially
in
those
who
are
Members
of
it
,
and
stand
engaged
by
their
Prostestations
,
trusts
,
and
Places
in
it
,
to
maintaine
its
honour
,
power
,
and
priviledges
to
the
uttermost
?
which
many
of
them
now
exceedingly
vilifie
,
and
trample
under
feete
:
and
therefore
deserve
a
severer
censure
then
this
statute
inflicts
;
even
such
as
the
Act
of
21.
R.
2.
c.
6.
prescribed
to
those
Nobles
unjustly
fore-judged
in
that
Parliament
;
That
their
issues
males
now
begotten
shall
not
come
to
the
Parliaments
,
nor
to
the
Councells
of
the
King
nor
his
heires
;
nor
be
of
the
Kings
Counsell
nor
of
his
heires
;
Therefore
it
is
undubitable
,
that
the
Sherifes
,
Iustices
of
Peace
,
Majors
,
Constables
,
Leivtenantes
,
Captaines
,
and
other
Officers
in
every
County
through
the
Realme
,
may
by
their
owne
Authority
(
much
more
by
an
Ordinance
and
Act
of
association
of
both
houses
)
raise
all
the
power
of
the
County
,
&
all
the
people
by
vertue
of
such
commands
may
lawfully
meete
together
in
Armes
to
suppresse
the
riots
,
burglaries
,
rapines
,
plunders
,
butcheries
,
spoyling
,
robberies
,
and
armed
violence
of
his
Majesties
Cavaleers
;
and
apprehend
,
imprison
,
slay
,
arraigne
,
execute
them
as
common
enemies
to
the
kingdomes
peace
and
welfare
,
even
by
the
knowne
Common
Law
,
and
Statutes
of
the
Realme
,
and
seife
Delinquents
notwithstanding
any
royall
Commission
or
personal
commands
they
may
or
can
produce
.
Fourthly
,
it
is
most
certaine
,
that
every
Subject
by
the
very
Common
Law
of
the
Realm
,
(
yea
Law
of
Nature
)
as
he
is
a
member
of
the
State
and
Church
of
England
,
[
d
](A91298-e7020-b)
d
See
principally
48.
H.
3.
Rot.
Pat.
Mem
7.
&
Mem.
11
Dorss
.
is
bound
both
in
duty
and
conscience
,
when
there
is
necessary
occasion
,
to
Array
and
Arme
himselfe
to
resist
the
invasions
,
and
assaults
of
open
enemies
of
the
Realme
,
especially
of
Forraigners
,
as
is
cleare
by
infinite
*
Presidents
,
cited
by
the
Kings
owne
Councell
,
and
recited
by
Judge
Crooke
in
his
Argument
concerning
Ship-money
;
in
both
the
Houses
two
Remonstrances
and
Declarations
against
the
Commission
of
Array
;
and
the
Answer
of
the
first
of
them
in
the
Kings
name
;
all
newly
Printed
(
to
which
I
shall
referre
the
Reader
for
fuller
Satisfaction
:
)
[
e
](A91298-e7100-b)
e
See
Aristot
.
Pol.
l.
1
,
c
,
1
,
2
,
&
l.
2
,
3.
Polib
.
hist.
l.
6.
Fortescue
.
c.
9.
to
15.
and
by
the
expresse
statutes
of
1
E.
3.
c.
5.
25.
E.
3.
c.
8.
and
4.
H.
4.
c.
13.
The
reason
is
from
the
Originall
compact
and
mutuall
stipulation
of
every
member
of
any
Republicke
,
State
or
Society
of
men
for
mutuall
defence
one
of
another
upon
all
occasions
of
invasion
,
made
at
their
first
association
and
incorporation
into
a
Republike
,
state
,
kingdome
,
Nation
,
of
which
we
have
a
pregnant
example
,
Iudg.
20.
1.
to
48.
If
then
the
King
himselfe
shall
introduce
forraigne
Forces
and
enemies
into
his
Realme
to
levie
war
against
it
,
or
shall
himself
become
an
open
enemie
to
it
;
the
Subjects
are
obleiged
,
by
the
self-same
reason
,
law
,
equity
,
especially
upon
the
Parliaments
command
,
to
Arm
themselves
to
defend
their
Native
Country
,
Kingdome
against
these
forraigne
and
domesticke
Forces
,
and
the
King
himselfe
if
he
joyne
with
them
;
as
farre
forth
as
they
are
bound
to
doe
it
upon
the
Kings
own
Writ
and
Commission
,
in
case
he
joyned
with
the
Parliament
and
Kingdome
against
them
;
the
necessary
defence
and
preservation
of
the
Kingdome
and
themselves
(
and
of
the
King
onely
so
farre
forth
as
he
shewes
himselfe
a
King
and
Patron
,
not
an
enemie
of
his
Kingdome
,
and
Subjects
,
)
being
the
sole
ground
of
their
engagement
in
such
defensive
warres
:
according
to
this
notable
resolution
of
Cicero
,
[
s
](A91298-e7210-b)
s
De
Offici●●
.
l.
2.
p.
626.
Omnium
Societatum
nulla
est
gratior
,
nulla
carior
quàm
ea
quae
cum
Republica
est
unicuique
nostrum
Cari
sunt
pare●tes
,
cariliberi
,
propinqui
,
familiares
,
SED
OMNES
OMNIVM
CARITATES
PATRIA
VNA
COMPLEXA
EST
,
pro
qua
quis
bonus
dubit
t●mortem
oppetere
,
si
ei
sit
prosuturus
?
Q●o
est
detestabilior
illorum
immanitas
.
qui
lacerant
omni
scelere
Patriam
,
&
n●a
sunditus
delenda
occupati
&
sunt
&
fuerunt
:
and
seeing
kings
themselves
as
well
as
Subjects
are
bound
to
[
g
](A91298-e7240-b)
g
Exod.
32.
9.
to
15.
32.
Num.
14.
11.
to
15.
2
Sam
8.
9.
17.
1.
Chr.
21.
17.
Iohn
10.
11.
15.
c.
11.
48.
49.
50.
hazard
their
lives
for
the
preservation
of
their
Kingdomes
,
and
peoples
safeti
;
and
not
to
endanger
the
ruine
of
the
Kingdome
and
people
to
preserve
their
owne
lives
and
prerogatives
,
as
I
have
elsewhere
manifested
;
it
cannot
be
denyed
,
but
that
every
Subject
,
when
the
King
is
unjustly
divided
against
his
Kingdome
,
Parliament
,
and
People
,
is
mere
obleiged
to
joyne
with
the
kingdome
,
Parliament
,
and
his
Native
dearest
Countrey
,
(
who
are
most
considerable
)
against
the
King
;
than
with
the
king
against
their
;
and
rather
in
such
a
case
than
any
other
,
because
there
is
lesse
neede
of
helpe
,
and
no
such
danger
of
ruine
to
the
whole
Realme
and
Nation
,
when
the
King
joynes
with
them
against
forraigne
invading
enemies
;
as
there
is
when
the
king
himselfe
becomes
an
open
intestine
Foe
unto
them
,
against
his
Oath
and
Daty
:
and
the
[
h
](A91298-e7250-b)
h
Cicero
de
Ligibus
.
Peoples
safety
being
the
Supremest
Law
,
&
the
Houses
of
Parliament
the
most
Soveraigne
Authoritie
,
they
ought
in
such
unhappie
cases
of
extremitie
and
division
to
oversway
all
Subjects
,
to
contribute
their
best
assistance
for
their
necessary
just
defence
,
even
against
the
king
himself
and
all
his
Partisans
,
who
take
up
Hostile
Armes
against
them
,
and
not
to
assist
them
to
ruine
their
owne
Country
,
Kingdome
,
Nation
,
as
many
as
now
over-rashly
do
.
Fifthly
,
I
conceive
it
cleare
Law
,
that
if
the
King
himselfe
,
or
his
Courtiers
with
him
,
shall
wrongfully
assault
any
of
his
Subjects
to
wound
,
rob
,
or
murther
them
without
just
cause
,
that
the
subjects
,
without
any
guilt
of
Treason
or
Rebellion
,
may
not
onely
in
their
owne
defense
resist
the
King
and
his
Courtiers
assaults
in
such
a
case
,
and
hold
their
hands
(
as
[
i
](A91298-e7280-b)
i
Resolution
of
Conscience
.
Sect.
2.
Doctor
Ferne
himselfe
accords
)
but
likewise
close
with
,
and
disarme
them
;
and
if
the
King
or
his
Courtiers
receive
any
blowes
,
wounds
,
in
such
a
case
;
or
be
casually
slaine
,
it
is
neither
Treason
nor
Murder
,
in
the
Defendants
,
who
had
no
Treasonable
nor
murtherous
intention
at
all
in
them
,
but
onely
endeavoured
their
own
just
defence
,
attempting
nothing
at
all
against
the
kings
lawful
Royall
authority
:
as
is
cleare
by
all
Law
[
k
](A91298-e7310-b)
k
See
Stamfords
Pleas
:
f.
14.
15.
16.
Cases
,
of
man
slaughter
,
se
defendends
,
and
to
put
this
out
of
question
,
I
shall
cite
but
two
or
three
cases
of
like
Nature
.
It
hath
been
very
[
l
](A91298-e7350-b)
l
see
Andrew
Favine
his
Theatre
of
Honour
l.
10.
c.
5.
6.
7.
Halls
Chron.
H.
8.
f.
6.
7.
9.
11.
12.
58.
63.
68.
78
85.
91.
95.
146.
154.
frequent
with
the
Kings
of
England
,
France
,
and
other
Princes
,
for
triall
of
their
man
hood
,
to
runne
at
Iousts
and
fight
at
Barriers
,
not
onely
with
forraigners
,
but
with
their
owne
valiantest
L●rds
and
Knights
,
of
which
there
are
various
Examples
.
In
these
Martiall
disports
,
by
the
very
Law
of
Arm●s
,
these
Subjects
have
not
onely
defended
themselves
against
their
kings
assaults
and
blowes
;
but
retorted
lance
for
lance
,
stroke
for
stroke
,
and
sometimes
unborsed
,
disarmed
,
and
wounded
their
Kings
,
our
[
m
](A91298-e7430-b)
m
Hall
An.
16.
H.
8.
f.
122.
123.
King
Henry
the
eight
,
being
like
to
be
slaine
by
the
Earle
of
Suffolke
,
at
a
Tilting
in
the
16.
yeare
of
his
reigne
:
and
no
longer
since
then
the
yeare
1559.
Henry
the
2d
,
King
of
France
,
was
casually
slaine
in
a
loust
by
the
Earle
of
Mountgommery
,
his
Subject
,
(
whom
hee
commanded
to
Iust
one
bout
more
with
him
against
his
will
)
whose
Speare
in
the
counter-blow
ran
so
right
into
one
of
the
Kings
eyes
,
that
the
shivers
of
it
peirced
into
his
head
,
perished
his
braine
and
slew
him
:
yet
this
was
Iudged
no
Treason
,
Fellony
,
nor
offence
at
all
in
the
Earle
,
who
had
no
ill
intention
.
If
then
it
hath
ever
beene
reputed
lawfull
and
honourable
,
for
Subiects
in
such
militarie
exercises
,
upon
the
challenges
of
their
kings
,
to
defend
themselves
couragiously
against
their
assaults
,
and
thus
to
fight
with
and
encounter
them
in
a
martiall
manner
,
though
there
were
no
necessity
for
them
to
answer
such
a
challenge
;
and
the
casuall
wounding
or
slaying
of
the
King
by
a
Subiect
in
such
a
case
be
neither
Treason
nor
Fellony
:
then
much
more
must
it
be
lawfull
by
the
Law
of
Armes
,
Nature
,
and
the
kingdome
,
for
the
Parliament
and
subjects
in
a
necessary
,
just
,
unavoydable
warre
,
to
defend
,
resist
,
repulse
the
kings
and
his
Cavaleers-personall
assaults
,
and
returne
them
blow
forblow
,
shot
for
shot
,
if
they
will
wilfully
invade
them
;
and
if
the
king
or
any
of
his
Forces
miscarry
in
this
action
,
they
must
(
like
King
[
o
](A91298-e7490-b)
o
Halls
Chron.
f.
123.
16.
H.
8.
Henry
the
8th
when
endangered
by
tilting
)
blame
themselves
alo●e
,
and
have
no
other
just
legall
remedie
but
patience
,
it
being
neither
Treason
,
Rebellion
,
nor
Murther
in
the
defensive
party
,
and
most
desperate
folly
and
frenzie
in
any
Prince
,
to
engage
himselfe
in
such
a
danger
,
when
beneede
not
doe
it
.
I
reade
of
[
p
](A91298-e7530-b)
p
Generall
History
of
France
p.
227
,
228.
Fabians
Chron
part
.
7.
in
his
life
;
with
others
.
Charles
the
first
of
France
;
that
he
fell
sodainely
destracted
upon
a
message
he
rec●ived
from
an
old
poore
man
,
as
he
was
marching
in
the
head
of
his
Army
;
and
thereupon
thinking
himselfe
b●tray●d
encountred
his
owne
men
,
and
slew
two
or
three
of
them
ere
they
were
ware
of
him
,
wo●nding
others
.
Whereupon
they
closing
with
him
,
dis●rmed
and
led
him
away
fo●ceably
,
keeping
him
close
shut
up
like
à
Bedla●
,
till
he
recovered
his
sens●s
.
I
thinke
no
man
in
his
right
wits
,
will
deeme
this
their
action
Treasonable
or
unlawfull
;
neither
did
the
king
or
any
in
that
age
thus
repute
it
.
If
then
a
King
in
an
angry
franticke
passion
(
for
[
q
](A91298-e7590-b)
q
Seneca
de
Ira.
Ir.
brevius
furor
est
;
)
shall
take
up
Armes
against
his
loyall
Subjects
,
and
assault
their
persons
to
murther
them
and
spoyle
their
goods
;
if
they
(
by
common
consent
in
Parliament
especially
)
shall
forcibly
resist
,
disarme
or
restraine
his
person
,
till
his
fury
be
appeased
,
and
his
judgement
rectified
by
better
councells
;
shall
this
be
Treason
,
Rebellion
,
or
Disloyaltie
?
God
forbid
:
I
thinke
none
but
mad
men
can
or
will
averte
it
.
It
was
a
great
doubt
in
Law
,
till
the
statute
of
33.
H.
8.
c.
20.
setled
it
,
If
a
party
that
had
committed
any
high
Treasons
when
he
was
of
perfect
memory
;
after
accusation
,
examination
,
and
confession
thereof
became
madde
or
lunaticke
;
whether
he
should
b●
tried
and
condemned
for
it
during
this
distemper
?
And
some
from
that
very
act
(
and
21.
H.
7.
31.
36.
Ass
27.
12.
H.
3.
For
faiture
33
and
Dower
183.
Fitz.
Nat.
Br.
202.
D.
Stamford
Pleas
,
16.
b.
and
Cooke
.
l.
4.
f.
124.
Beverlyes
case
,
which
resolve
,
●hat
a
Lunaticke
or
Non
Compos
cannot
be
guilty
of
murthe●
,
fel
n●y
,
●●petite
Treason
,
because
having
no
understanding
,
and
knowing
not
what
he
doth
,
he
can
●ave
n●
follonius
intention
)
conceive
,
that
a
reall
mad-man
cannot
be
guilty
of
high
Treason
(
though
Sir
Edward
Cooke
in
Bev●rlies
case
,
be
of
a
contrary
opinion
)
if
he
should
assault
or
kill
his
king
.
And
I
suppose
few
will
deeme
[
r
](A91298-e7690-b)
r
Eadmerus
,
Malmes
Hunt
.
Hoveden
,
Mat.
West
.
Mat.
Par
Polychonicon
,
Fab.
coxton
,
Holinsh
.
Grof
.
Speed
,
Daniel
,
and
others
in
the
life
of
Wil.
Refus
.
Walter
Terrils
casuall
killing
of
King
William
Rufus
with
the
glance
of
his
arrow
from
a
tree
,
shot
at
a
Deere
,
high
Treason
;
neither
was
it
then
reputed
so
,
or
he
prosecuted
as
a
Traytor
for
it
,
because
he
had
no
malicious
intention
(
as
most
thinke
)
against
the
King
,
or
any
thought
to
hurt
him
.
But
I
conceive
it
out
of
question
,
if
a
king
in
a
distracted
furious
passion
without
just
cause
,
shall
invade
his
subjects
persons
in
an
open
hostile
manner
to
destroy
them
;
it
neither
is
,
nor
can
be
Treason
ner
Rebellion
in
them
,
if
in
their
owne
necessary
defence
alone
,
they
shall
either
casually
wound
or
slay
him
contrary
to
their
loyall
intentions
;
and
those
[
s
](A91298-e7730-b)
s
See
Stamford
Bracton
,
Fitzherbert
,
Brock
,
Cromp.
Tit.
T●eson
&
Coro●s
.
Statutes
and
Law-book●s
which
judge
it
high
Treason
,
for
any
one
maliciously
and
trayterously
to
imagine
,
compasse
or
conspire
the
death
of
the
King
;
will
not
at
all
extend
to
such
a
case
of
meere
just
defence
;
since
a
conspiracie
or
imagination
to
compasse
or
procure
the
Kings
death
,
can
neither
be
justly
imagined
nor
presumed
,
in
those
who
are
but
meerely
defensive
,
no
more
then
in
other
common
cases
of
one
mans
killing
another
in
his
owne
inevitable
defence
without
any
precedent
malice
;
in
which
a
Pardon
by
Law
,
is
granted
of
course
:
however
,
questionlesse
it
is
no
Treason
nor
murther
at
all
to
slay
any
of
the
kings
souldiers
and
Cavaliers
who
are
no
kings
,
in
such
a
defensive
warre
.
Sixthly
,
suppose
the
King
should
be
captivated
,
or
violently
led
away
by
any
forraign
or
domesticke
enemies
to
him
and
the
kingdome
,
and
carried
along
with
them
in
the
field
,
to
countenance
their
warres
and
invasions
upon
his
loyallest
Subjects
,
by
illegall
warrants
or
Commissions
fraudulently
procured
,
or
extorted
from
him
.
If
the
Parliament
and
Kingdome
in
such
a
case
,
should
raise
an
Army
to
rescue
the
King
out
of
their
hands
,
and
to
that
end
encountring
the
enemies
,
should
casually
wound
the
King
whiles
they
out
of
loyalty
sought
onely
to
rescue
him
;
I
would
demaund
of
any
Lawyer
or
Divine
,
whether
this
Act
should
be
deemed
Treason
,
Rebellion
or
Disloyalty
in
the
Parliament
or
army
?
Or
which
of
the
two
Armies
should
in
point
of
Law
or
Conscience
be
reputed
Rebells
or
Traytors
in
this
case
?
those
that
come
onely
to
rescue
the
King
,
and
so
fight
really
for
him
indeed
,
though
against
him
in
shew
;
and
wound
him
in
the
rescue
?
Or
those
who
in
shew
onely
fought
for
him
,
that
they
might
still
detaine
him
captive
to
their
wills
?
Doubtlesse
there
is
no
Lawyer
,
nor
Theologue
but
would
presently
resolve
in
such
a
case
,
that
the
Parliaments
Army
which
fought
onely
to
rescue
the
King
were
the
loyall
Subjects
;
and
the
Malignants
army
who
held
him
captive
with
them
,
the
onely
Rebels
and
traytors
;
and
that
the
casuall
wounding
of
him
(
proceeding
not
out
of
any
malicious
intention
,
but
love
and
loyalty
to
redeeme
him
from
captivity
,
)
were
no
trespasse
nor
offence
at
all
,
being
quite
besides
their
thoughts
:
and
for
a
direct
president
;
It
was
the
very
case
of
King
[
t
](A91298-e7770-b)
t
Mat.
Par.
An.
1266.
p.
967.
Speed
p.
640.
Dan.
p.
180.
181.
Holinsh
.
Graft
.
Stow
,
and
others
.
Henry
the
third
;
who
(
together
with
his
sonne
Prince
Edward
)
being
taken
Prisoner
by
the
Earle
of
Leycester
in
the
battle
of
Lewis
,
and
the
Earle
afterwards
carrying
him
about
in
his
Company
in
nature
of
a
Prisoner
,
to
countenance
his
actions
,
to
the
great
discontent
of
the
Prince
,
the
Earle
of
Glocester
and
other
Nobles
;
hereupon
the
Prince
and
they
raising
an
Army
,
encountred
the
Earle
,
and
his
Porces
in
a
battle
at
Evesha●
where
the
King
was
personally
present
,
slew
the
Earle
,
Routed
his
Army
,
and
rescued
the
king
;
in
this
cruell
battell
,
the
[
n
](A91298-e7890-b)
n
In
praesenti
bello
,
Dominus
Rex
extitit
vulneatus
&
morti
paene
vicinus
,
jaculo
in
eum
ex
improviso
de
.
jecto
,
Mat.
Par.
Ibid.
king
himselfe
(
being
wounded
unawares
with
a
Iavelin
,
by
those
who
rescued
him
)
was
almost
slaine
,
and
lost
much
of
his
blood
:
yet
in
a
Parliament
soone
after
sommoned
at
Winchester
,
Anno
1266.
the
Earle
and
his
Army
were
dis-inherited
as
Traytors
and
Rebels
;
but
those
who
rescued
them
though
with
danger
to
his
person
,
rewarded
as
his
loyall
subjects
.
And
is
not
this
the
present
case
?
A
company
of
malignant
ill
Councellors
,
Delinquents
,
Prelates
,
Papists
,
have
withdrawne
his
Majestie
from
his
Parliament
,
raised
an
Army
of
Papists
,
Forraigners
,
Delinquents
and
Male-contents
,
to
ruin
the
Parliament
,
Kingdome
,
Religion
,
Lawes
,
Liberties
;
to
countenance
this
their
designe
,
they
detaine
his
Majestie
with
them
,
and
engage
him
all
they
can
on
their
side
:
the
Parliament
out
of
no
disloyall
intention
,
but
onely
to
rescue
his
Majesties
person
out
of
their
hands
,
to
apprehend
delinquents
,
preserve
the
Kingdome
from
spoyle
,
and
defend
their
Priviledges
,
Persons
,
Liberties
,
estates
,
religion
,
from
unjust
invasions
,
have
raised
a
defensive
Army
,
which
encountred
these
Forces
at
Edgehill
,
(
where
they
say
the
King
was
present
)
slew
the
Lord
Generall
(
Earle
of
Lindsey
)
with
many
others
;
and
as
they
never
intended
,
so
they
offered
no
kind
of
hurt
or
violence
at
all
to
his
Majesties
person
then
or
since
;
and
now
full
sore
against
their
wils
,
Petitions
,
endeavours
for
peace
,
they
are
necessitated
to
continue
this
offensive
warre
,
for
their
owne
and
the
Kingdomes
necessary
preservation
.
The
sole
question
is
;
Whether
this
Act
,
this
Defensive
Warre
of
the
Parliament
and
their
Forces
be
high
Treason
or
Rebellion
?
and
who
are
the
Traytors
and
Rebells
in
this
case
?
Certainly
,
if
I
understand
any
Law
or
Reason
,
the
Parliament
and
their
Forces
are
and
must
be
innocent
from
these
crimes
;
and
their
opposite
Popish
Malignant
Cavaleers
,
the
onely
Rebels
and
Traytors
;
as
this
Parliament
(
the
onely
proper
Judge
of
Treasons
)
hath
[
x
](A91298-e7940-b)
x
See
the
Remens●r●nce
of
both
Houses
Nov.
2.
1642.
already
voted
and
declared
them
in
point
of
Law
.
Seventhly
,
it
is
[
*
](A91298-e7970-b)
*
Littleton
sect.
378.
Cook
.
Inst.
Ib
f.
233.
l.
5.
E.
4.
26.
27.
11.
E.
4.
1.
b.
15.
E.
4.
3
6.
Plowden
p.
379.
380.
43.
E.
3.
c.
4
4.
H.
7.
c.
6.
7.
Cooke
l.
9
f.
50.
95.
96.
99.
Little
●s
and
other
Law-bookes
expresse
resolutions
;
That
if
a
man
grant
to
another
the
Office
of
a
Parkership
,
of
a
Parke
for
life
,
the
estate
which
he
hath
is
upon
condition
in
Law
(
though
not
expressed
)
that
he
shall
well
and
lawfully
keepe
the
Parke
,
and
doe
what
which
to
his
Office
belongeth
to
doe
,
or
otherwise
it
shall
be
lawfull
for
the
grantor
and
his
heires
to
remove
him
,
and
grant
it
to
another
if
he
will
:
and
if
the
Parker
negligently
suffer
the
Deere
to
be
killed
,
or
kill
the
Deere
himselfe
without
sufficient
warrant
from
his
Lord
,
it
is
a
direct
forfaiture
of
his
Office
.
If
then
a
Keeper
or
Forrester
cannot
kill
or
negligently
suffer
his
Deere
to
be
killed
(
no
nor
yet
destroy
the
vert
on
which
they
should
feed
,
or
suffer
it
to
be
destroyed
)
without
forfaiture
of
his
Office
,
even
by
a
condition
annexed
to
his
Office
by
the
very
Common
Law
;
shall
a
King
,
thinke
you
,
lawfully
murther
,
plunder
and
destroy
his
Subjects
,
his
kingdome
,
without
any
forfaiture
or
resistance
at
all
?
or
will
the
Common
Law
of
the
Land
in
such
a
case
which
provides
and
annexeth
a
condition
to
the
Office
of
a
Parker
,
not
much
more
unite
it
to
the
royall
Office
of
a
King
,
(
who
is
but
a
regall
Keeper
,
or
[
*
](A91298-e8050-b)
*
Isa.
78.
70.
71.
72.
sheepheard
of
men
,
of
Christians
,
of
free
men
,
not
of
slaves
)
for
the
Subjects
preservation
and
security
?
Doth
the
Common-Law
thus
provide
for
the
safety
,
the
Liberty
,
welfare
of
our
beasts
,
yea
our
wilde
beasts
,
are
our
Deere
so
deare
unto
it
,
and
will
it
not
much
more
provide
for
the
security
of
our
owne
persons
,
Lives
,
Liberties
,
estates
?
shall
not
these
be
dearer
to
it
than
out
Deere
?
How
many
[
*
](A91298-e8100-b)
*
See
Charta
de
Fortesta
,
Rassals
Abridgment
,
Title
Forrests
.
3.
Jac.
c.
13.
Petrus
Bieser
sis
de
Instit-Episcopi
.
Bibl.
Patr●m
Tom
12.
Pars
2.
p.
944.
Illud
ni●ilo
.
minnis
absurdum
,
&c.
riged
Lawes
have
beene
anciently
,
and
of
late
yeares
made
,
against
the
killing
,
the
destroying
of
the
kings
,
the
Subjects
Deere
in
Forrests
and
Parkes
,
for
which
some
have
lost
their
Liberties
,
Lives
,
members
?
And
shall
not
the
Lawes
for
the
preservation
of
the
Subjects
Lives
,
Liberties
,
estates
be
more
inviolably
observed
,
more
severely
prosecuted
?
May
a
Forrester
,
Warrener
,
or
Keeper
of
a
Parke
lawfully
beate
and
kill
another
in
defence
of
his
Deere
and
other
game
,
without
any
penalty
or
forfaiture
at
all
,
enjoying
the
Kings
Peace
as
before
this
fact
,
by
the
expresse
statute
of
21.
E.
1.
Rastall
Forrests
19.
and
Stamfords
Pleas
,
l.
1.
c.
5.
6.
And
cannot
a
poore
subject
defend
his
owne
person
,
family
,
house
,
goods
,
Libertie
,
life
,
against
the
kings
Forces
,
or
Cavaleers
without
the
danger
of
Treason
or
Rebellion
,
if
the
king
himselfe
be
present
with
them
,
or
they
come
armed
with
his
unjust
Commission
?
Certainely
this
is
a
too
absur'd
,
irrationall
,
beastiall
opinion
for
any
to
beleeve
.
It
is
our
Saviours
own
doubled
argument
,
Mat.
6.
26.
Luke
12.
24.
Behold
the
fowles
of
the
ayre
,
and
consider
the
Ravens
,
for
they
neither
sow
nor
reape
,
neither
have
store-house
,
nor
borne
,
yet
your
heavenly
Father
feedeth
them
:
ARE
NOT
YEE
MVCH
BETTER
THEN
THEY
?
THEN
FOWLES
?
And
Luke
12.
6.
7.
Mat.
10.
29.
30.
31.
Are
not
two
sparrowes
sold
for
a
farthing
?
and
not
one
of
them
shall
fall
to
the
ground
without
your
Father
:
But
the
very
haires
of
your
head
are
all
numbred
:
Feare
ye
not
therefore
;
YE
ARE
OF
MORE
VALVE
THEN
MANY
SPARROWES
And
the
Apostle
hath
the
like
argument
,
1
Cor.
9.
9.
10.
Doth
God
take
care
for
Oxen
?
Or
saith
he
it
not
altogether
for
our
sakes
?
for
our
sakes
,
NO
DOUBT
THIS
IS
WRITTEN
,
&c.
[
*
](A91298-e8170-b)
*
Gen.
1.
28.
29.
30.
c.
92.
Psa.
8.
4.
to
.
9.
Men
are
the
Soveraigne
Lords
of
all
the
Creatures
,
of
farre
more
excellencie
and
dignity
then
all
,
or
any
of
them
;
especially
Christian
men
;
whence
the
Apostle
Paul
gives
this
strict
charge
to
the
Elders
of
Ephesus
(
belonging
as
well
to
kings
as
Ministers
)
Act.
20.
28.
Take
heed
therefore
unto
all
the
flocke
over
which
the
holy
Ghost
hath
made
you
over-seers
to
feed
the
Church
of
God
which
he
hath
purchased
with
his
owne
blood
:
and
God
himselfe
hath
given
this
expresse
inhibition
even
to
[
*
](A91298-e8220-b)
*
Psal.
●05
.
14.
15.
1
Chr.
16.
20
21.
See
the
Vindication
and
Revindication
of
this
Text.
Kings
themselves
,
concerning
his
and
their
peoples
safety
(
most
strangely
inverted
by
flattering
Divines
,
quite
contrary
to
the
words
and
meaning
:
)
Touch
not
mine
anointed
,
and
do
my
Prophets
no
harm
?
.
And
shall
not
men
then
made
after
Gods
owne
Image
;
men
redeemed
and
purchased
by
the
blood
of
Christ
;
men
made
[
*
](A91298-e8270-b)
*
Rev.
1.
6.
c.
5.
10.
c.
20.
6.
Kings
and
Priests
to
God
their
Father
,
whom
God
himselfe
hath
expressely
prohibited
Kings
themselves
to
touch
or
harme
;
not
be
allowed
liberty
to
defend
their
persons
,
houses
,
lives
,
liberties
,
without
offence
or
Treason
,
against
Kings
or
any
their
Cavaleers
assaults
,
by
the
Law
of
God
,
the
Common
or
statute
Law
of
the
Realme
;
when
as
their
very
Keepers
,
Warreners
,
Forresters
may
lawfully
resist
,
and
slay
them
to
without
crime
or
punishment
,
if
they
should
offer
but
to
kill
,
to
steale
their
Deere
or
Connies
?
Are
they
not
much
better
,
much
dearer
to
God
,
to
Kings
,
then
foules
?
then
Sparrowes
?
then
Oxen
?
then
Deere
?
and
their
lives
,
their
blood
more
precious
then
theirs
?
surely
the
Scripture
is
expresse
:
that
[
*
](A91298-e8320-b)
*
Psal.
71.
14.
Ps.
116.
15.
precious
in
the
sight
of
the
Lord
is
the
blood
,
the
death
of
his
Saints
;
and
therefore
[
*
](A91298-e8340-b)
*
Gen.
9.
6.
Mat.
26.
52.
he
that
sheddeth
mans
blood
(
be
he
whom
he
will
in
an
unlawfull
way
)
by
man
shall
his
blood
he
shed
;
if
not
in
a
judiciall
way
,
yet
by
way
of
just
defence
,
as
Christ
himself
expounds
it
,
Mat.
26.
52.
ALL
they
that
take
the
sword
,
shall
perish
with
the
sword
:
and
Rev.
10.
10.
He
that
killeth
with
the
sword
,
MVST
BE
KILLED
WITH
THE
SWORD
;
(
no
doubt
he
may
be
killed
by
way
of
necessary
defence
;
)
then
it
immediately
followes
;
here
is
the
patience
and
faith
of
the
Saints
:
that
is
,
Saints
will
and
must
patiently
endure
many
pressures
and
wrongs
from
Tyrants
and
oppressors
without
resistance
,
but
if
they
once
come
to
make
warre
with
them
,
as
the
seven
headed
beast
there
did
v.
7.
then
both
the
faith
and
patience
of
the
Saints
themselves
will
binde
their
hands
no
longer
,
but
give
them
free
liberty
in
such
an
extremity
(
for
their
owne
and
the
Churches
preservation
,
in
their
just
defence
)
to
slay
those
seven
headed
beasts
that
shall
assault
them
;
the
very
faith
of
Christ
then
teacheth
them
no
other
lesson
but
this
:
he
that
leadeth
into
captivitie
shall
goe
in
o
captitivitie
,
and
he
that
killeth
with
the
sword
must
be
killed
with
the
sword
:
and
in
such
a
case
,
God
saith
,
Psal.
149.
6.
7.
8.
9.
Let
a
two
edged
sword
be
in
their
hands
,
to
execute
vengeance
upon
the
heathen
,
and
punishment
upon
the
people
:
to
bi●de
their
Kings
with
chains
and
their
Nobles
with
fetters
of
Iron
;
to
execute
upon
them
the
judg●ment
written
:
This
honour
(
this
priviledge
in
such
cases
)
HAVE
ALL
THE
SAINTS
,
Praise
ye
the
Lord
.
And
very
good
reason
is
there
for
it
.
For
as
Nature
it selfe
hath
instructed
Lyons
,
Beares
,
Wolves
,
Boares
,
Stagges
,
Backes
,
and
most
other
beasts
,
not
onely
to
defend
themselves
against
the
violence
of
one
another
,
but
even
of
Men
their
supreame
Lords
,
when
they
assault
and
hunt
them
to
take
away
their
lives
,
over
which
God
hath
given
men
a
lawfull
power
:
much
more
then
may
men
by
natures
dictate
,
defend
their
persons
,
lives
against
the
unlawfull
violence
of
their
kings
or
Armies
(
over
which
God
hath
given
them
no
power
at
all
but
in
a
legall
way
of
justice
for
capitall
offences
)
when
they
assault
or
make
warre
upon
them
to
destroy
them
.
Not
to
trouble
you
with
Histories
of
Stagges
and
other
beasts
which
have
killed
men
that
chased
them
,
in
their
owne
defence
,
of
which
there
are
infinite
examples
in
the
[
*
](A91298-e8450-b)
*
See
Tertul.
&
Cyprian
de
Spectaculis
Onupbrius
,
Bulengerus
,
Lyp●ius
,
and
others
,
De
Theatris
,
Ludis
Circensieus
and
Joannes
Mariana
despectaculis
.
Roman
and
Spanish
Histories
,
in
those
Amphithreatricall
sports
and
spectacles
wherein
men
encountred
and
fought
with
Lyons
,
Tygers
.
Beares
,
Buls
and
other
savage
Beasts
;
I
shall
onely
recite
some
few
examples
even
of
Kings
themselves
,
who
have
beene
slaine
and
devoured
by
such
beasts
as
they
have
chased
:
[
*
](A91298-e8480-b)
*
Graft
.
part
.
4
p.
40.
part
.
5
f.
42
part
.
6.
p.
62.
Mada●
King
of
Britain
(
as
Polycronicon
,
Fabien
,
Grafton
and
others
record
)
being
in
his
disport
of
hunting
,
was
slain
of
the
wilde
beasts
he
pursued
,
when
he
had
reigned
40.
yeares
:
so
was
his
sonne
King
Memphis
slaine
and
destroyed
in
hunting
in
the
same
manner
.
Merindus
King
of
Brittaine
,
was
devoured
by
a
Sea
monster
which
he
encountered
:
and
[
*
](A91298-e8560-b)
*
Zonaras
Annal.
Tom.
3.
f.
15.
Muns●eri
Cosmeg
.
l.
4.
c.
50.
p.
1104.
Basilius
the
35
Emperour
of
Constantinople
hunting
a
Stag
,
of
an
extraordinary
greatnesse
,
and
thinking
to
cut
off
his
necke
with
his
sword
;
the
Stagge
ran
fiercely
at
him
,
gored
him
with
his
hornes
on
which
he
tossed
him
,
bruised
his
entralls
,
whereof
he
dyed
some
few
dayes
after
,
and
had
beene
slaine
immediately
,
on
the
beasts
hornes
,
had
not
one
there
present
drawne
his
sword
and
cut
off
his
girdle
,
by
which
he
hung
on
the
hornes
,
to
whom
he
gave
a
very
ill
requitall
for
this
loyall
service
:
other
stories
of
kings
sla●ne
by
beasts
in
their
owne
defence
occure
in
story
,
and
examples
of
kings
slaine
by
men
in
and
for
their
preservation
,
are
almost
innumerable
:
that
of
our
king
[
*
](A91298-e8600-b)
*
Mat.
West
.
An
946.
p.
946.
Malm●sHunting
.
Fab.
Graft
,
Holins
.
Speed
,
and
others
in
his
life
.
Edmond
is
observable
among
others
,
who
as
our
Historians
write
being
at
a
feast
at
Pulkers
Church
on
Saint
Augustines
day
,
espied
a
theese
named
Leof
,
whom
he
had
formerly
banished
,
sitting
in
the
Hall
,
whereupon
he
leapt
over
the
Table
,
assaulted
Leof
,
and
plucked
him
by
the
haire
of
the
head
to
the
ground
;
who
in
his
owne
defence
,
wounded
the
king
to
death
with
a
knife
,
hurt
many
of
his
servants
,
and
at
length
was
himselfe
hewen
all
in
peeces
.
But
that
of
our
King
[
*
](A91298-e8670-b)
*
Hoved.
〈◊〉
.
pars
posterior
.
p.
791.
Mat.
Paris
,
Mat.
Wesim
.
Polye
.
Fab.
Walsi●g
.
Holinsh
Graf
.
Speed
,
Daniel
in
the
life
of
Rich.
2.
Richard
the
1.
is
more
remarkeable
,
who
being
shot
in
the
arme
with
a
barbed
Arrow
by
one
Peter
Basil
,
(
or
Bertram
Gurdon
as
others
name
him
)
at
the
siege
of
Chaluz
Castle
in
Aquitain
which
rebelled
against
him
;
the
Castle
being
taken
,
and
the
king
ready
to
dye
of
the
wound
,
commanded
the
person
that
shot
him
to
be
brought
into
his
presence
,
of
whom
he
demanded
,
What
hurt
●e
had
done
him
that
provoked
him
to
this
mischiefe
?
To
whom
he
boldly
replyed
:
Thou
hast
killed
my
father
and
my
two
Brothers
,
with
thine
own
hand
;
and
now
wouldest
have
slain
me
:
take
what
revenge
thou
wilt
;
I
shall
willingly
endure
what
ever
torture
thou
canst
inflict
upon
me
,
in
respect
I
have
slaine
thee
,
who
hast
done
such
and
so
great
mischiefe
to
the
world
.
The
king
hearing
this
his
magnanimous
answer
,
released
him
from
his
bonds
,
(
though
he
slew
the
rest
)
and
not
onely
forgave
him
his
death
,
but
commanded
an
hundred
shillings
to
be
given
him
.
If
then
bruites
by
the
very
law
of
Nature
have
thus
defended
themselves
against
kings
,
who
have
violently
assaulted
them
,
even
to
the
casuall
death
of
the
assailants
:
Why
men
by
the
selfesame
Law
,
may
not
justly
defend
themselves
against
the
unjust
assailing
warres
of
their
Princes
,
and
Armies
,
without
Treason
or
Rebellion
,
exceeds
my
shallow
understanding
to
apprehend
:
and
I
doubt
those
very
persons
who
now
plead
most
against
it
,
onely
to
accomplish
their
owne
pernicious
designes
,
would
make
no
scruple
of
such
a
necessary
defensive
wars
and
resistances
lawfulnesse
,
were
the
case
but
really
their
own
;
and
those
Papists
and
Cavalieers
who
now
take
up
armes
against
the
Parliament
,
the
supreamest
lawfull
power
in
the
Realme
,
and
their
owne
native
Country
,
without
checke
of
Conscience
,
would
doubtlesse
make
no
bones
at
all
forcibly
to
resist
or
fight
against
the
King
himselfe
,
should
he
but
really
joyne
with
the
Parliaments
Army
,
against
them
and
their
designes
;
there
being
never
any
Souldier
or
Polititian
,
but
those
onely
who
were
truely
sanctified
and
religious
,
that
made
any
conscience
of
fighting
against
,
yea
murthering
of
his
naturall
king
,
not
onely
in
a
lawfull
defensive
warre
,
but
in
a
Trayterous
and
Rebellious
manner
too
,
if
he
might
thereby
advantage
or
promote
his
owne
particular
interests
,
as
is
evident
by
the
councell
and
speech
of
Davids
souldiers
,
and
King
Saul
himselfe
.
1
Sam.
24.
4.
5.
6.
7.
18.
19.
21.
by
the
words
of
Abishai
,
to
David
,
1
Sam.
28.
8.
9.
23.
24.
by
the
Councell
of
A●●itophell
,
which
pleased
Absolon
,
and
all
the
Elders
of
Israel
well
,
2
Sam
17.
1.
2.
3.
4
and
the
infinite
number
of
Emperours
,
of
Kings
,
which
have
beene
trayterously
,
and
rebelliously
slaine
,
without
any
just
occasion
by
their
own
Souldiers
,
and
that
in
a
meere
offensive
,
not
defensive
way
;
above
halfe
the
Roman
,
Grecian
,
and
German
Emperours
dying
of
such
assassinations
,
or
poysonings
,
very
few
of
them
of
meere
naturall
deathes
,
as
the
Histories
of
their
lives
declare
.
Eightly
,
It
is
in
a
manner
agreed
by
[
y
](A91298-e8850-b)
y
See
Bishop
Bilson
,
of
Christian
subject
on
,
&c.
part
3.
p.
411
to
422.
and
the
Authors
there
cited
.
Historians
,
Polititians
,
and
Divines
,
that
if
a
King
will
desert
the
defence
and
Protection
of
his
people
in
times
of
warre
and
danger
,
and
neither
ayde
nor
protect
them
against
their
enemies
according
to
his
Oath
and
Duty
,
they
may
in
such
a
case
of
extremity
,
for
their
owne
necessary
defence
and
preservation
,
desert
him
,
who
deserteth
them
,
and
elect
another
King
,
who
can
and
will
protect
them
from
utter
ruin
.
Vpon
this
very
ground
the
[
z
](A91298-e8870-b)
z
Speed
.
hist.
l.
6
c.
5.
4.
l
7.
6.
●
.
4.
Camb.
Brit.
p.
●07
.
108
&c
See
Holinsh
.
Poly.
Gras
.
Brittons
of
this
Nation
after
many
hundred
yeares
subjection
to
the
Roman
Emperors
,
rejected
their
yoake
and
government
,
when
they
refused
and
neglected
to
defend
them
against
the
barbarous
Picts
and
others
,
who
invaded
them
,
when
they
had
oft
craved
their
assistance
;
electing
them
other
Patriots
:
So
the
[
a
](A91298-e8920-b)
a
Jacob●●
Valde
sius
de
Dignitate
Regum
Regn.
Hisp
.
c.
18.
Franciscus
Tarapha
de
Reg●bus
Hispaniae
,
Michael
Ritius
de
Regibus
Hisp
.
l.
2.
Manst
.
Cosm.
l.
2
c
20.
Spaniards
being
deserted
by
the
Roman
Emperors
and
left
as
a
prey
to
their
enemies
,
abandoned
their
government
,
and
elected
them
Kings
of
their
owne
to
protect
them
,
which
they
justified
to
be
lawfull
for
them
to
doe
.
And
in
like
manner
the
Romans
and
Italians
being
forsaken
of
the
Emperour
Constantine
,
when
they
were
invaded
by
[
b
](A91298-e8950-b)
b
See
Bishop
Bilsons
true
difference
,
&c.
p.
3.
411.
to
416.
and
the
Appendix
here
.
p.
8.
9.
Aistulfus
King
of
the
Lumbards
;
Elected
Charles
the
Great
for
their
Emperour
,
and
created
a
new
Empire
in
the
West
,
distinct
from
that
of
Constantinople
in
the
East
,
which
Bishop
Bilson
himselfe
concludes
they
might
lawfully
doe
,
in
point
of
conscience
.
So
[
c
](A91298-e9020-b)
c
Aventinus
A●i
.
l.
3.
The
generall
hist.
of
France
in
his
life
.
See
the
Appendix
.
Childerick
being
unfit
to
governe
,
and
unable
to
repulse
the
enemies
of
the
French
which
invaded
his
territories
;
thereupon
by
the
advise
of
Pope
Zachary
,
and
of
a
whole
Synod
and
Parliament
in
France
,
they
deposed
Childericke
,
and
elected
Pipin
for
their
King
,
who
was
both
able
and
willing
to
protect
them
;
Vpon
this
very
ground
the
[
d
](A91298-e9090-b)
d
See
Grimstans
Imperiall
history
in
their
lives
,
&
and
the
Appendix
.
Emperours
Charles
the
third
,
and
Wenceslius
were
deposed
,
as
being
unable
and
unfit
to
defend
and
governe
the
Empire
,
and
others
elected
Emperors
in
their
steeds
,
Thus
[
*
](A91298-e9130-b)
*
The
Generall
History
of
Spaine
p.
455.
Mahomet
the
blinde
,
King
of
Granado
,
was
in
the
yeare
1309.
deposed
by
his
owne
Brother
,
Nobles
,
and
Subjects
,
who
were
discontented
to
be
governed
by
a
blinde
King
,
who
could
not
lead
them
to
the
warres
in
person
.
And
[
*
](A91298-e9170-b)
*
Gras●
.
part
7
p
85.
Buchanon
Remon
Scot.
l.
4.
p.
121.
Ethodius
the
2d
king
of
Scotland
,
being
dull
of
wit
,
given
to
avarice
,
and
nothing
meete
to
governe
the
Realme
;
thereupon
the
Nobles
tooke
upon
them
the
government
,
appointing
Rulers
in
every
Province
,
&
so
continued
them
all
his
reigne
,
leaving
him
nothing
but
the
bare
title
of
a
King
,
(
not
depriving
him
thereof
,
out
of
the
respect
they
gave
to
the
family
of
Fergusius
)
but
yet
taking
away
all
his
regall
power
.
And
not
to
multiply
cases
or
examples
of
this
nature
:
[
e
](A91298-e9240-b)
e
Theatre
of
Honour
l.
2.
c.
13.
p.
183.
Andrew
Favine
in
his
Theatre
of
Honour
,
out
of
the
Chronicle
of
Laureshe●m
and
Aimonius
in
his
4th
Booke
of
the
History
of
France
,
relates
a
notable
resolution
given
by
the
Parliament
&
Estates
of
France
in
this
very
point
.
In
the
yeare
803.
Lewes
the
Debonnaire
king
of
France
holding
his
Parliament
in
May
;
there
came
thither
from
strange
Provinces
two
Brethren
,
kings
of
Vuilses
,
who
with
frank
&
free
good
will
submitted
themselves
to
the
judgement
of
the
said
Parliament
,
to
which
of
them
the
kingdome
should
belong
.
The
elder
of
these
two
brethren
was
named
Meligastus
,
and
the
younger
Celeadraus
,
Now
albeit
the
custome
of
the
said
kingdome
,
adjudged
the
Crowne
to
the
eldest
,
according
to
the
right
of
Primegeniture
,
allowed
and
practised
by
the
Law
of
Nature
,
and
of
later
memory
,
in
the
person
of
the
last
dead
King
Liubus
,
father
to
the
two
contendants
;
yet
notwithstanding
in
regard
that
the
Subjects
by
universall
consent
of
the
kingdome
,
had
rejected
the
elder
brother
FOR
HIS
COWARDISE
AND
EVILL
GOVERNMENT
(
cum
secundam
ritum
ejus
gentis
commissum
sibi
Regnum
parum
digne
administraret
)
and
had
given
the
Crown
to
the
younger
brother
FOR
HIS
VALOVR
&
DISCREETE
CARRIGE
;
after
full
hearing
of
both
parties
,
BY
SENTENCE
of
PARLIAMENT
,
the
Kingdome
was
adjudged
to
the
younger
Brother
,
(
stat●it
ut
junior
frater
delatam
sibi
à
Populo
suo
pot
flatem
haberet
,
&c
)
and
thereupon
the
eldest
did
him
homage
,
with
oath
of
Alleigance
in
the
said
Parliament
,
and
submitted
to
this
sentence
.
And
upon
this
very
ground
in
[
f
](A91298-e9410-b)
f
See
Part.
neere
the
end
.
some
of
our
ancient
British
and
Saxons
Kings
Reignes
when
the
right
heire
to
the
Crowne
was
an
infant
,
unable
to
defend
his
kingdome
and
people
against
invading
enemies
,
the
Crowne
hath
commonly
descended
to
the
Vncle
or
next
heire
of
full
age
,
who
was
able
to
protect
them
and
repulse
their
enemies
,
till
the
right
heire
accomplished
his
compleat
age
,
as
I
have
elsewhere
manifested
.
If
then
a
Kingdome
by
generall
consent
;
may
elect
a
new
King
to
defend
and
preserve
it
,
in
case
of
invasion
and
eminent
danger
of
ruine
by
forraigne
enemies
,
when
their
present
King
either
cannot
,
or
will
not
doe
his
duty
in
protecting
them
from
their
enemies
,
and
exposeth
them
for
a
prey
to
their
devastations
,
as
these
examples
and
authorities
conclude
they
may
,
though
I
will
not
positively
determine
so
.
Then
certainely
by
equall
,
semblable
and
greater
reason
,
subjects
may
lawfully
take
up
necessary
defensive
Armes
against
their
Kings
,
when
they
shall
not
onely
desert
,
but
actually
invade
and
wage
warre
against
them
,
destroy
and
wast
them
in
an
open
Hostile
manner
,
and
handle
them
as
cruelly
as
the
worst
of
enemies
:
such
a
wilfull
unnaturall
Hostile
invasion
,
being
farre
worse
than
any
cowardly
or
bare
desertion
of
them
when
they
are
invaded
by
a
forraign
enemy
.
And
if
Kings
in
case
of
sottishnesse
or
Lunacy
may
be
lawfully
deposed
from
their
kingdomes
by
common
consent
of
their
Realmes
,
when
they
are
altogether
unfit
or
unable
to
governe
,
as
B●shop
Bilson
asserts
,
and
I
have
manifested
else
where
:
then
much
more
may
they
be
lawfully
resisted
by
force
without
guilt
of
Treason
or
Rebellion
,
when
they
wilfully
and
maliciously
,
contrary
to
their
oath
and
duty
,
cast
off
their
Royall
governments
,
the
protection
of
their
subjects
,
and
wage
open
warre
against
them
,
to
enslave
or
ruine
them
.
If
a
Father
shall
violently
and
unjustly
assault
his
sonne
,
a
husband
his
wife
,
a
master
his
servant
,
a
Major
or
other
inferior
Officer
,
a
Citizen
to
murther
,
maime
,
or
ruine
them
;
They
may
in
such
a
case
by
[
g
](A91298-e9440-b)
g
See
Summ●
Rosella
Tit.
Bel.
um
.
the
Law
of
Nature
,
God
man
,
resist
,
repulse
them
in
their
owne
defence
without
any
crime
at
all
,
as
dayly
practise
experimentally
manifests
;
yea
they
may
sweare
the
peace
against
them
,
and
have
a
Writ
[
h
](A91298-e9460-b)
h
Fitz
Nat.
Brevium
f.
80.
81.
de
securitate
Pacis
in
such
cases
.
Therefore
by
the
selfesame
reason
they
may
resist
the
King
and
his
Army
in
like
cases
;
there
being
no
more
humane
nor
divine
Law
against
resistance
in
the
one
case
,
than
in
the
other
.
Finally
,
it
is
the
resolution
of
[
i
](A91298-e9500-b)
i
Common
weale
l
2.
c●
5.
220.
221.
John
Bodin
and
others
,
who
deny
the
lawfulnesse
of
Subjects
taking
up
Armes
against
their
Soveraigne
Prince
,
or
offering
violence
to
his
person
,
though
he
become
a
Tyrant
:
That
if
a
Soveraigne
Prince
or
King
by
lawfull
election
or
succession
turne
a
Tyrant
,
he
may
lawfully
(
at
his
Subjects
request
)
be
invaded
resisted
,
condemned
or
slaine
by
a
forraigne
Prince
.
For
as
of
all
Noble
acts
,
none
is
more
honourable
or
glorious
,
then
by
way
of
fact
to
defend
the
honour
,
goods
,
and
l●ves
of
such
as
are
unjustly
oppressed
by
the
power
of
the
more
mighty
,
especially
the
gate
of
Iustice
being
shut
against
them
:
thus
did
Moses
seeing
his
brother
the
Israelite
beaten
and
wronged
by
the
Egyptian
,
and
no
meanes
to
have
redresse
of
his
wrongs
:
So
it
is
a
most
faire
and
magnificall
thing
for
a
Prince
to
take
up
Armes
to
releive
a
whole
Nation
and
people
,
unjustly
oppressed
by
the
cruelty
of
a
Tyrant
:
as
did
the
great
Hercu'es
who
travelling
over
a
great
part
of
the
world
with
wonderfull
power
and
valour
destroyed
many
most
horrible
monsters
,
that
is
to
say
,
Tyrants
;
and
so
delivered
people
,
for
which
he
was
numbred
among
the
gods
,
his
posterity
for
many
worlds
of
yeares
after
,
holding
most
great
Kingdomes
.
And
other
imitators
of
his
vertue
as
Dio
,
Timoilion
,
Aratus
,
Harmodius
,
Aristogiton
,
with
other
such
honourable
Princes
,
bearing
Titles
of
chastisers
,
and
correctors
of
Tyrants
,
And
for
that
onely
cause
Tamerlain
Emperour
of
the
Tartars
,
denounced
warre
unto
[
*
](A91298-e9620-b)
*
See
Knols
Turkish
Hist.
in
his
life
.
Bajazet
King
of
the
Turkes
,
who
then
besieged
Constantinople
,
saying
,
That
he
was
comming
to
chastise
his
Tyrannie
,
and
to
deliver
the
afflicted
people
;
and
vanquishing
him
in
battle
,
routed
his
Army
,
and
taking
the
Tyrant
prisoner
,
he
kept
him
in
chains
in
an
Iron
Cage
till
he
dyed
.
Neither
in
this
case
is
it
materiall
that
such
a
vertuous
Prince
being
a
stranger
,
proceede
against
a
Tyrant
by
open
force
,
or
fiercenesse
,
or
else
by
way
of
justice
.
True
it
is
that
a
valient
and
worthy
Prince
,
having
the
Tyrant
in
his
power
,
shall
gaine
more
honour
by
bringing
him
unto
his
tryall
,
to
chastise
him
as
a
murtherer
a
manqueller
,
and
a
robber
;
rather
than
to
use
the
Law
of
Armes
against
him
.
Wherefore
let
us
resolve
on
this
,
that
it
is
lawfull
for
any
stranger
(
Prince
)
to
kill
a
Tyrant
,
that
is
to
say
,
a
man
of
all
men
infamed
,
and
notorious
for
the
oppression
,
murder
,
and
slaughter
of
his
subjects
and
people
.
And
in
this
sort
,
our
[
*
](A91298-e9680-b)
*
Speede
Hist.
p.
1193.
1194
The
History
of
the
Netherlands
,
and
the
Swedish
Intelligencer
.
Queene
Elizabeth
ayded
the
Low-Countries
against
the
Tyrannie
and
oppressions
of
the
King
of
Spaine
:
and
the
King
of
Sweden
of
late
yeares
the
Princes
of
Germany
against
the
Tyranny
and
usurpations
of
the
Emperor
,
upon
their
sollicitation
,
If
then
,
it
be
thus
lawfull
for
Subjects
to
call
in
forraigne
Princes
to
releeve
them
against
the
Tyrannie
and
oppressions
of
their
kings
(
as
the
Barons
in
[
*
](A91298-e9780-b)
*
Mat.
Par.
Mat.
West
.
Hoved.
Speed
,
Holish
.
Fab.
Graft
.
Daniel
in
his
life
.
King
Iohns
time
prayed
in
ayde
from
Philip
and
Lewis
of
France
against
his
tyrannie
)
and
those
Princes
in
such
cases
,
may
justly
kill
,
depose
,
or
judicially
condemne
these
oppressing
Kings
and
put
them
to
death
.
I
conceive
these
whole
kingdomes
and
Parliaments
may
with
farre
better
reason
,
lesse
danger
,
and
greater
safety
to
themselvs
,
their
Kings
and
Realmes
take
up
defensive
Armes
of
their
owne
to
repulse
their
violence
.
For
if
they
may
lawfully
helpe
themselves
and
vindicate
their
Liberties
from
their
Kings
encroachments
by
the
assistance
and
Armes
of
forraigne
Princes
who
have
no
relation
to
them
,
nor
particular
interest
in
the
differences
betweene
their
kings
and
them
,
which
can
hardly
be
effected
without
subjecting
themselves
to
a
forraigne
power
;
the
death
or
deposition
of
the
oppressing
King
:
much
more
may
they
defend
and
releeve
themselves
against
him
by
their
owne
domesticke
Forces
,
if
they
be
able
,
by
generall
consent
of
the
Realme
;
because
they
have
a
particular
interest
and
ingagement
to
defend
their
owne
persons
,
estates
,
liberties
,
which
forraigners
want
;
and
by
such
domesticke
Forces
may
prevent
a
forraigne
subjection
,
preserve
the
life
of
the
oppressing
Prince
,
and
succession
of
the
Crowne
in
the
hereditary
line
;
which
[
*
](A91298-e9840-b)
*
See
Knols
Turkish
Hist
.
of
the
calling
in
the
Turke
into
Graecia
and
Cambdin
&
Speed
of
the
Brittaines
calling
in
the
Saxons
which
proved
their
ruin
and
conquest
.
forraigne
Armies
most
commonly
endanger
.
And
certainely
it
is
all
one
in
point
of
Reason
,
State
,
Law
,
Conscience
,
for
Subjects
to
relieve
themselves
,
and
make
a
defensive
warre
against
their
Soveraigne
by
forraigne
Princes
Armes
,
as
by
their
owne
:
and
if
the
first
be
just
and
lawfull
,
as
all
men
generally
grant
without
contradiction
;
and
Bracton
to
l.
2.
c.
16.
I
see
no
colour
but
the
latter
must
bee
just
and
lawfull
too
,
yea
then
the
first
rather
,
because
lesse
dangerous
,
lesse
inconvenient
to
King
and
Kingdome
.
From
Reasons
,
I
shall
next
proceed
to
punctuall
Authorities
.
Not
to
mention
our
ancient
[
h
](A91298-e9940-b)
h
See
Matth.
Westm.
Huntingdon
,
Galfridus
Monumetensis
,
Florentius
Wigorniensis
,
Polychronicon
,
Fabian
,
Caxton
,
Grafton
,
Holinshed
,
Speed
,
and
others
,
in
their
severall
lives
.
Brittons
taking
up
of
armes
by
joint
consent
,
against
their
oppressing
,
tyrannizing
Kings
A●chigallo
,
Emerian
,
and
Vortigern
,
whom
they
both
expelled
and
deposed
,
for
their
tyranny
and
mis-government
;
nor
our
Saxons
ray
sing
defensive
Forces
against
King
Sigebert
,
Osfred
,
Ethelred
,
Beornard
,
Coolwulfe
and
Edwyn
,
who
were
forcibly
expelled
,
and
deprived
by
their
Subjects
for
their
bloody
cruelties
and
oppressions
;
which
actions
the
whole
Kingdome
then
,
and
those
Historians
who
recorded
them
since
,
reputed
just
and
honourable
,
and
no
Treason
nor
Rebellion
in
Law
or
Conscience
,
being
for
the
Kingdomes
necessary
preservation
,
and
the
peoples
just
defence
;
which
Histories
I
have
elsewhere
more
largely
related
.
Nor
yet
to
insist
long
on
the
fore-mentioned
Barons
warre
,
against
king
Iohn
,
and
Henry
the
3d.
for
regaining
,
establishing
,
preserving
Magna
Cha●ta
,
and
other
Liberties
of
the
Realme
,
which
our
Kings
had
almost
utterly
deprived
them
off
;
I
shall
onely
give
you
some
few
briefe
observations
touching
these
warres
,
to
cleare
them
from
those
blacke
aspersions
of
Rebellion
,
Treason
,
and
the
like
,
which
some
late
Historians
(
especially
Iohn
Speed
)
to
flatter
those
Kings
to
whom
they
Dedicated
their
Histories
,
have
cast
upon
them
,
contrary
to
the
judgement
of
our
ancienter
Choniclers
,
and
Matthew
Paris
;
who
generally
repute
them
lawfull
and
honourable
.
First
then
consider
,
what
opinion
the
Prelates
,
Barons
,
and
Kingdome
in
generall
,
had
of
these
Warres
at
first
,
[
l
](A91298-e10120-b)
l
Matth.
Far●●
Hist.
Angl.
p.
234
to
240.
Holinshed
,
Grafton
,
Speed
,
Fabian
and
Daniel
,
p.
140
141.
142.
143.
Anno
1414.
in
a
Parliament
held
at
Pauls
the
16.
yeare
of
King
Iohns
raigne
,
Steven
Langton
Archbishop
of
Canterbury
,
produced
a
Charter
of
King
Henry
the
First
,
whereby
he
granted
the
Ancient
Liberties
of
the
Kingdome
of
England
(
which
had
by
his
Predecessors
beene
oppressed
with
unjust
exactions
,
according
to
the
Lawes
of
King
Edward
,
with
those
emendations
,
which
his
Father
,
by
the
counsell
of
his
Barons
,
did
ratifie
:
which
Charter
being
read
before
the
Barons
,
they
much
rejoyced
;
and
swore
in
the
presence
of
the
Archbishop
;
that
for
these
Liberties
they
would
,
if
need
required
,
spend
their
blood
:
which
being
openly
done
in
Parliament
,
they
would
never
have
taken
such
a
publike
solemne
Oath
,
had
they
deemed
a
Warre
against
the
King
,
for
recovery
,
or
defence
of
these
their
Liberties
unlawfull
,
and
no
lesse
then
Treason
and
Rebellion
in
point
of
Law
or
Conscience
.
After
this
the
Barons
assembling
at
Saint
Edmond●bury
,
conferred
about
the
said
Charter
,
and
swore
upon
the
high
Altar
,
That
if
King
Iohn
refused
to
confirme
and
restore
unto
them
those
Liberties
(
the
Rights
of
the
Kingdome
)
they
would
make
Warre
upon
him
,
and
withdraw
themselves
from
his
Allegiance
,
untill
he
had
ratified
them
all
w●th
his
Charter
under
his
great
Seale
.
And
further
agreed
,
after
Christmas
to
Petition
him
for
the
same
,
and
in
the
meane
time
to
provide
themselves
of
Horse
and
Furniture
to
be
ready
,
if
the
King
should
start
from
his
Oath
made
at
Winchester
,
at
the
time
of
his
absolution
,
for
confirmation
of
these
Liberties
,
and
compell
him
to
satisfie
their
demand
.
After
Christmas
they
repaire
in
a
Military
manner
to
the
King
,
lying
in
the
new
Temple
,
urging
their
desires
with
great
vehemencie
:
the
King
seeing
their
resolution
and
inclination
to
warre
,
made
answer
,
That
for
the
matter
they
required
,
he
would
take
consideration
till
after
Easter
next
,
In
the
meane
time
,
he
tooke
upon
him
the
Crosse
,
rather
through
feare
,
then
devotion
,
supposing
himselfe
to
bee
more
safe
under
that
Protection
:
And
to
shew
his
desperate
malice
and
wilfulnesse
(
who
rather
then
not
to
have
an
absolute
domination
over
his
people
,
to
doe
what
he
listed
,
would
be
any
thing
himselfe
under
any
other
that
would
but
support
him
in
his
violences
)
he
sent
an
Embassage
(
the
most
base
and
impious
that
ever
yet
was
sent
by
any
free
and
Christian
Prince
)
unto
Miramumalim
the
Moore
,
intituled
the
great
King
of
Affrica
,
Morocco
,
and
Spaine
;
wherein
he
offered
to
render
unto
him
his
Kingdome
,
and
to
hold
the
same
by
tribute
from
him
as
his
Soveraigne
Lord
;
to
forgoe
the
Christian
Faith
,
as
vaine
,
and
to
receive
that
of
Mahomet
,
imploying
Thomas
Hardington
and
Ralph
Fitz-Nicholas
,
Knights
,
and
Robert
of
London
Clerke
,
Commissioners
in
this
negotiation
;
whose
manner
of
accesse
to
this
great
King
,
with
the
delivery
of
their
Message
,
and
King
Johns
Charter
to
that
effect
,
are
at
large
recited
in
Mathew
Paris
,
who
heard
the
whole
relation
from
Robert
one
of
the
Commissioners
,
Miramumalim
having
heard
at
large
their
Message
,
and
the
Description
of
the
King
and
Kingdome
,
(
governed
by
an
annointed
and
Crowned
King
,
knowne
of
old
to
be
free
and
ingenuous
;
ad
nullius
,
praeterquam
Dei
spectans
dominationem
)
with
the
nature
and
disposition
of
the
people
,
so
much
disdained
the
basenesse
and
impiety
of
the
Offerer
,
that
fetching
a
deepe
sigh
from
his
heart
,
he
answered
,
I
have
never
read
nor
heard
,
of
any
King
possessing
so
prosperous
a
Kingdome
,
subject
and
obedient
to
him
,
who
would
thus
willingly
ruine
his
Principality
,
as
of
free
to
make
it
tributary
,
of
his
owne
to
make
it
anothers
,
of
happy
to
make
it
miserable
,
and
to
submit
himself
to
anothers
pleasure
,
as
one
conquered
without
a
wound
.
But
I
have
heard
and
read
of
many
,
who
with
effusion
and
losse
of
much
blood
(
which
was
laudable
)
have
procured
liberty
to
themselves
;
modo
autem
audio
,
quod
Dominus
vester
miser
,
deses
&
imbellis
,
qui
nullo
nullior
est
,
de
libero
servus
fieri
desiderat
,
qui
omnium
mortalium
miserrimus
est
.
After
which
he
said
;
That
the
King
was
unworthy
of
his
Confederacie
;
and
looking
on
the
two
Knights
with
a
sterne
countenance
,
he
commanded
them
to
depart
instantly
out
of
his
presence
,
and
to
see
his
face
no
more
;
whereupon
they
departing
with
shame
;
hee
charged
Robert
the
Clerke
,
to
informe
him
truely
what
manner
of
person
King
Iohn
was
:
who
replied
,
That
he
was
rather
a
Tyrant
then
a
King
;
rather
a
Subverter
then
a
Governour
;
a
Subverter
of
his
owne
Subjects
,
and
a
Fosterer
of
Strangers
;
a
Lyon
to
his
owne
Subjects
,
a
Lambe
to
Aliens
and
Rebels
;
who
by
his
sloathfulnesse
had
lost
the
Dutchy
of
Normandy
,
and
many
other
Lands
,
and
moreover
thirsted
to
lose
and
destroy
the
Kingdome
of
England
:
An
unsatiable
Extortioner
of
money
;
an
invader
and
destroyer
of
the
possessions
of
his
naturall
people
,
&c.
When
Miramumalim
heard
this
,
he
not
onely
despised
,
as
at
first
,
but
detested
and
accursed
him
,
and
said
:
Why
doe
the
miserable
English
permit
such
a
one
to
raigne
and
domineer
over
them
?
Truely
,
they
are
effeminate
and
flavish
:
To
which
Robert
answered
:
the
English
are
the
most
patient
of
all
men
,
untill
they
are
offended
and
damnified
beyond
measure
.
But
now
they
are
angry
,
like
a
Lion
or
Elephant
,
when
he
perceives
himselfe
hurt
or
bloody
;
and
though
late
,
they
purpose
and
endeavour
to
shake
the
yoake
of
the
Oppressor
from
their
necks
which
lie
under
it
:
Whereupon
he
reprehended
the
overmuch
patience
and
fearefulnesse
of
the
English
;
and
dismissed
these
Messengers
;
who
returning
,
and
relating
his
Answer
to
King
Iohn
,
he
was
exceeding
sorrowfull
,
and
in
much
bitternesse
of
Spirit
,
that
he
was
thus
contemned
and
disapointed
of
his
purpose
.
Yet
persisting
in
his
pre-conceived
wicked
designe
to
ruine
his
Kingdome
and
people
,
and
hating
all
the
Nobility
and
Gentry
of
England
,
with
a
viperous
Venom
,
he
sets
upon
another
course
;
and
knowing
[
*
](A91298-e10640-b)
*
A
true
Character
of
a
Pope
,
Pope
Jnnocent
to
be
the
most
ambitious
,
proud
,
and
covetous
of
all
men
,
who
by
gifts
and
promises
would
be
wrought
upon
,
to
act
any
wickednesse
:
Thereupon
he
hastily
dispatcheth
messengers
to
him
with
great
summes
of
Money
,
and
a
re-assurance
of
his
tributary
Subjection
,
(
which
shortly
after
he
confirmed
by
a
new
Oath
and
Charter
,
)
to
procure
him
to
Excommunicate
the
Archbishop
of
Canterbury
,
and
the
Barons
,
whom
he
had
formerly
favoured
;
which
things
he
greedily
desired
,
that
he
might
wrecke
has
malice
an
them
by
Dis
inheriting
,
Imprisoning
,
and
Spoiling
them
being
Excommunicated
:
Which
things
when
he
had
wickedly
plotted
,
he
more
wickedly
executed
afterwards
.
In
the
meane
time
,
the
Barons
foreseeing
that
nothing
was
to
be
obtained
but
by
strong
hand
,
assemble
an
Army
at
Stamford
,
wherein
were
said
to
be
two
thousand
Knights
,
besides
Esquires
,
and
marched
from
thence
towards
Oxford
,
where
the
King
expected
their
comming
to
answer
their
demands
.
And
being
come
to
Brackley
with
their
Army
,
the
King
sends
the
Earle
of
Pembroke
Mariscall
,
and
the
Archbishop
of
Canterbury
,
with
others
,
to
demand
of
them
,
what
were
those
Lawes
and
Liberties
they
required
?
to
whom
they
shewed
a
Schedule
of
them
,
which
the
Commissioners
delivered
to
the
King
:
who
having
heard
them
read
,
in
great
indignation
asked
;
Why
the
Barons
did
not
likewise
demand
the
Kingdome
?
and
swore
he
would
never
grant
those
Articles
,
whereby
himselfe
should
be
made
a
Servant
.
So
harsh
a
thing
is
it
to
a
power
,
that
is
once
gotten
out
into
the
wide
libertie
of
his
will
,
to
heare
againe
of
any
reducing
within
his
Circle
.
Vpon
this
answer
,
the
Barons
resolve
to
seize
the
Kings
Castles
;
constitute
Robert
Fitz-walter
their
Generall
,
entituling
him
,
Mariscall
of
the
ARMY
of
GOD
,
and
of
HOLY
CHVRCH
:
A
Title
they
would
never
have
given
their
Generall
,
or
Army
,
had
they
deemed
this
Warre
unlawfull
in
Law
or
Conscience
.
After
which
they
tooke
divers
of
the
Kings
Castles
and
are
admitted
into
London
;
where
their
number
daily
increasing
,
they
make
this
Protestation
;
Never
to
give
over
the
prosecution
of
their
desire
,
till
they
had
constrained
the
King
(
whom
they
held
perjured
)
to
grant
them
their
Rights
.
Which
questionlesse
,
they
would
not
have
done
,
had
they
not
beleeved
this
Warre
to
be
just
and
lawfull
.
King
Iohn
seeing
himselfe
in
a
manner
generally
forsaken
of
all
his
people
,
and
Nobles
,
having
scarce
7.
Knights
faithfull
to
him
(
another
strong
argument
,
that
the
people
and
Kingdome
generally
apprehended
,
this
taking
up
armes
against
the
King
to
regaine
,
to
preserve
their
hereditary
Rights
and
Liberties
,
to
be
lawfull
)
counterfeits
the
Seales
of
the
Bishops
,
and
writes
in
their
Names
to
all
Nations
,
That
the
English
were
all
Apostates
,
and
whosoever
would
come
to
invade
them
,
hee
,
by
the
Popes
consent
,
would
conferre
upon
them
all
their
Lands
and
Possossions
.
But
this
device
working
no
effect
,
in
regard
they
gave
no
credit
to
it
,
and
found
it
apparently
false
;
the
King
seeing
himselfe
deserted
of
all
,
and
that
those
of
the
Barons
part
were
innumerable
,
(
cum
tota
Angliae
Nobilitas
in
unum
collecta
,
quasi
sub
numero
non
cadebat
,
writes
Mathew
Paris
,
another
argument
of
the
justice
of
this
cause
and
warre
,
in
their
beliefes
and
consciences
;
at
last
condescended
to
grant
and
confirme
their
Liberties
,
which
he
did
at
Running-Meade
,
in
such
sort
as
I
have
formerly
related
.
And
though
the
Pope
afterwards
for
his
owne
private
ends
and
interest
,
(
bribed
by
King
Iohn
,
who
resigned
his
Kingdome
to
him
,
and
became
his
Vassall
,
without
his
peoples
consent
,
which
resignation
was
judged
voide
,
)
excommunicated
the
Barons
withall
their
assistance
;
Qui
Ioha●nem
illustrum
Regim
Anglorum
Cruce
signatum
,
ET
VASALLVM
ROMANAE
ECCLESIAE
(
an
honourable
Title
indeed
for
a
King
)
pers
quuntur
,
molientes
ei
Regnum
auferre
(
which
this
Pope
him selfe
did
but
few
yeares
before
,
giving
his
Crown
and
Kingdome
it selfe
to
King
Phillip
of
France
,
which
to
save
,
he
sordidly
resigned
up
to
the
Pope
)
quod
ad
Romanam
Ecclesiam
dignoscitur
pertinere
.
Yet
this
Excommunication
thus
procured
by
bribery
,
proceeding
not
out
of
Conscience
to
preserve
the
Kings
due
Rights
,
Matthew
Paris
writes
,
was
AD
OMNIA
SCELERA
pro
praemijs
datis
vel
promissis
cercus
&
proclivis
)
and
the
Londoners
,
Barons
,
with
divers
Prelates
then
contemning
it
,
as
pronounced
upon
false
suggestions
,
and
especially
for
this
cause
,
that
the
ordering
of
temporall
affaires
belonged
not
to
the
Pope
,
Cum
Petro
Apostolo
&
ejus
Successoribus
non
nisi
Ecclesiasticarum
dispositio
rerum
a
Domino
sit
collata
potestas
.
And
using
likewise
these
memorable
Speeches
in
those
blind
daies
against
the
Pope
and
his
usurped
Supremacy
,
with
liberty
.
Vt
quid
ad
nos
se
extendit
Romanorum
insatiata
cupiditas
?
Quid
Episcopis
Apostolicis
&
Militiae
nostrae
?
Ecce
successores
Constantini
&
non
Petri
,
non
imitantur
Petrum
in
meritis
,
vel
operibus
;
nec
assimulandi
sunt
in
Potestate
.
Prob
pudor
,
marcidi
ribaldi
,
qui
de
armis
vel
literalitate
minime
norunt
,
jam
toti
mundo
propter
excom
nunicationes
suas
volunt
dominari
;
ignobiles
usurarij
&
Simoniales
.
O
quantum
dissimules
Petro
,
qui
sibi
Petri
usurpant
partem
?
&c.
I
conceive
this
Excommunication
rather
justifies
then
disproves
the
lawfulnesse
of
this
their
taking
up
of
armes
,
and
the
warre
insuing
it
being
but
for
their
owne
just
defence
,
when
the
King
afterwards
with
fire
,
sword
,
and
bloody
barbarous
Forraigne
Forces
wasted
his
Realme
in
a
most
inhumane
,
tyrannicall
maner
,
Factus
de
Rege
Tyrannus
;
imo
in
bestialem
prorumpens
feritatem
,
&c.
which
necessitated
the
Barons
for
their
own
preservation
and
the
Kingdoms
(
devoted
by
this
unnaturall
Prince
to
Vassallage
and
utter
desolation
)
to
elect
Lewis
of
France
for
their
King
:
Who
,
together
with
the
Peeres
and
Estates
of
France
,
assembled
at
Lions
concerning
this
Election
;
resolved
it
to
be
just
and
lawfull
,
and
the
Barons
Defensive
Warres
against
,
and
rejection
of
King
Iohn
for
his
Tyranny
and
oppressions
,
to
be
just
and
honourable
,
since
they
did
but
flee
to
these
extraordinary
remedies
,
and
seeke
for
justice
abroad
,
when
they
were
denied
it
by
him
that
should
give
it
them
in
as
ordinary
way
at
home
,
chosing
a
King
,
in
place
of
a
Tyrant
,
as
[
m
](A91298-e11060-b)
m
Hist.
Angl.
pag.
270.
271
Matthew
Paris
,
with
the
[
n
](A91298-e11080-b)
n
Pag.
123.
122.
generall
History
of
France
(
written
by
Iohn
de
Serres
,
and
Englished
by
Edward
Grimston
)
more
largely
manifest
.
Secondly
,
the
Lawfulnesse
and
justnesse
of
the
Barons
Warres
in
Defence
of
Magna
Charta
,
with
other
their
Hereditary
Rights
and
Liberties
,
appeares
most
evidently
,
by
the
resolution
of
all
those
Parliaments
summoned
by
King
.
Henry
the
3
d.
Edward
the
10
0
2.
3.
Richard
the
2
d.
and
other
our
succeeding
Kings
;
which
have
many
times
,
even
by
[
0
](A91298-e11200-b)
0
See
part
1.
p.
19.
20.
force
of
Armes
,
or
Menaces
;
and
sometimes
by
faire
termes
,
caused
these
Kings
by
new
Acts
of
Parliament
to
ratifie
Magnae
Charta
,
the
Charter
of
the
Forest
,
with
other
Fundamentall
Liberties
,
thus
forcibly
extorted
from
King
Iohn
at
first
;
and
constrained
them
to
confirme
him
with
their
Oathes
and
solemne
publicke
[
p
](A91298-e11280-b)
p
Confirm
.
Chartarum
.
25.
E.
1.
c.
4.
Excommunications
,
to
be
published
by
the
Bishops
in
their
Dio●esse
twice
every
yeare
:
oft
solemnly
vowing
,
and
protesting
,
both
in
and
out
of
Parliament
,
to
defend
these
Lawes
and
Liberties
,
with
their
estates
,
armes
,
lives
,
blood
;
which
their
ancasters
had
purchased
with
their
blood
;
as
I
have
manifested
in
the
two
first
parts
of
this
Discourse
:
All
which
they
would
no
doubt
have
forborne
,
had
they
deemed
it
high
Treason
or
Rebellion
in
point
of
Law
,
to
take
up
armes
against
their
Kings
in
defence
or
these
Lawes
and
Privileges
;
neither
would
our
Kings
and
Parliaments
in
times
of
Peace
,
have
so
frequently
confirmed
these
Lawes
and
Immunities
,
as
just
and
necessary
for
the
peoples
welfare
,
had
they
reputed
their
former
purchases
and
confirmations
by
warre
and
armes
,
no
lesse
then
Treason
,
or
Rebellion
.
And
if
it
were
neither
Treason
nor
Rebellion
in
the
judgements
of
our
Ancestors
and
those
Parliaments
which
procured
,
and
ratified
Magna
Charta
,
to
take
up
armes
in
defence
thereof
;
much
lesse
can
it
be
Treason
or
Rebellion
in
the
Parliament
and
Subjects
now
(
by
Votes
,
by
Ordinances
of
both
Houses
)
with
force
of
armes
to
preserve
,
not
only
these
their
hereditarie
Charters
,
Lawes
,
Priviledges
,
but
their
very
Lives
,
Estates
;
yea
,
the
Privileges
and
being
of
Parliaments
themselves
,
which
are
now
invaded
,
endangered
.
What
opinion
the
world
had
of
the
lawfulnesse
of
most
of
the
Barons
Warres
in
King
Henry
the
3
d.
his
Raigne
,
against
this
troublesome
persidious
King
,
in
defence
of
their
Lawes
,
Liberties
,
Estates
,
appeares
first
,
by
the
Dialogue
betweene
Agnellus
,
a
Frier
minorite
,
one
of
King
Henry
his
Counsell
,
(
purposely
sent
to
the
Earle
Marshall
,
then
in
armes
against
the
King
)
and
this
Martiall
Earle
,
in
the
Abbey
of
Morgan
.
Anno
1233.
I
will
first
relate
the
true
state
of
that
Warre
,
and
then
their
Dialogue
concerning
it
:
[
q
](A91298-e11400-b)
q
Math.
Paris
Hist.
p.
371.
to
385.
Daniel
,
p.
153.
154.
See
Holinsse
,
Graft
.
Speed
.
Matth.
West
.
Anno
1233.
King
Henry
by
the
ill
counsell
of
Peter
Bishop
of
Winchester
,
removed
all
his
English
Officers
,
Counsellors
,
and
Servants
from
his
Court
,
and
put
Poictovines
,
and
Forraigners
in
their
places
,
being
ruled
wholly
by
them
;
withall
he
puts
the
English
Garisons
out
of
all
his
Castles
,
and
substitutes
Forraigners
in
them
,
which
dayly
arived
both
with
Horse
and
armes
in
great
multitudes
,
and
much
oppressed
the
people
,
calling
them
Traitors
;
so
that
the
power
and
wealth
of
the
Realme
was
wholly
under
their
Command
.
The
Earle
Marshall
seeing
the
Noble
and
Ignoble
thus
oppressed
,
and
the
rights
of
the
Kingdome
like
utterly
to
be
lost
;
provoked
with
a
zeale
of
Iustice
,
associating
to
himselfe
other
Noble
men
,
goes
boldly
to
the
King
,
reproves
him
in
the
hearing
of
many
,
For
calling
in
those
Poictovines
,
by
evill
Counsell
,
to
the
oppression
of
the
Kingdome
,
and
of
his
naturall
Subjects
,
and
likewise
of
Lawes
and
Liberties
;
Humbly
beseeching
him
,
hastily
to
correct
these
excesses
,
which
threatned
the
imminent
subversion
both
of
His
Crowne
and
Kingdome
,
which
if
he
refused
to
doe
,
he
and
the
other
Nobles
of
the
Realme
,
would
withdraw
themselves
from
his
Counsell
,
as
long
as
he
harboured
those
Strangers
.
To
which
Peter
of
Winchester
replyed
:
That
the
King
might
lawfully
call
in
what
strangers
be
would
,
for
the
Defence
of
his
Kingdome
and
Crowne
,
and
likwise
so
many
,
and
such
,
as
might
compell
his
proud
and
rebellious
Subjects
to
due
Obedience
.
Whereupon
the
Earle
Marshall
and
other
Nobles
,
departing
discontented
from
the
Court
,
when
they
could
get
no
other
answer
,
promised
firmely
one
to
another
;
That
for
this
cause
which
concerned
them
all
,
they
would
manfully
fight
,
even
to
the
separation
of
Soule
and
Body
.
After
which
,
they
seeing
more
Strangers
arrive
with
Horse
and
armes
every
day
,
sent
word
to
the
King
;
That
hee
should
foorthwith
remove
Bishop
Peter
,
and
all
his
Strangers
from
his
Court
,
which
if
he
refused
,
they
all
would
BY
THE
COMMON
CONSENT
OF
THE
WHOLE
REALM
drive
him
,
with
his
wicked
Counsellours
,
out
of
the
Realme
,
and
consult
of
chusing
them
a
new
King
.
After
these
,
and
some
other
like
passages
,
the
King
raysing
an
Army
,
besiegeth
one
of
the
Earles
Castles
;
and
not
being
able
to
winne
it
,
and
ashamed
to
raise
his
Seige
without
gaining
it
,
he
sent
certaine
Bishops
to
the
Earle
,
and
requested
him
;
that
since
he
had
besieged
his
Castle
,
and
hee
could
not
with
Honour
depart
without
winning
it
,
which
he
could
not
doe
by
force
,
that
the
Earle
to
save
his
Honour
would
cause
it
to
be
surrended
to
him
,
upon
this
condition
,
That
hee
would
restore
it
certainely
to
him
within
15.
dayes
,
and
that
by
advise
of
the
Bishops
he
would
amend
all
things
amisse
in
his
Kingdome
;
for
performance
of
which
the
Bishops
became
his
Pledges
,
and
the
King
appointed
a
meeting
at
Westminster
,
on
a
set
day
betweene
Him
and
the
Lords
:
whereupon
the
Earle
surrendred
the
Castle
to
the
King
,
upon
Oath
made
by
the
Bishops
that
it
should
be
restored
at
the
day
.
But
the
King
refusing
to
deliver
the
Earle
the
Castle
,
according
to
promise
,
and
threatning
to
subdue
his
other
Castles
;
the
Earle
hereupon
raiseth
his
Forces
,
winnes
his
Castle
againe
,
routs
divers
of
the
Kings
Forraigne
Forces
,
at
Gorsemond
,
Monmouth
,
and
other
places
;
and
invaded
the
lands
of
his
Enemies
.
Vpon
this
occasion
,
Frier
Agnellus
(
or
Lambe
)
acquaints
the
Earle
,
what
the
King
,
together
with
his
Counsell
and
Court
,
thought
of
his
proceedings
;
to
wit
,
that
the
King
said
,
he
had
proceeded
over
traiterously
,
and
unjustly
against
him
,
yet
he
was
willing
to
receive
him
into
favour
,
if
he
would
wholly
submit
himselfe
to
his
mercy
;
and
that
others
held
it
not
just
,
safe
,
and
profitable
for
him
to
doe
it
;
because
he
had
done
wrong
to
the
King
,
in
that
before
the
King
had
invaded
his
Lands
or
Person
,
he
invaded
and
destroyed
the
Kings
Lands
,
and
slew
his
men
;
and
if
he
should
say
,
he
did
this
in
defence
of
his
body
and
inheritance
;
they
answered
,
no
,
because
there
was
never
any
plot
against
either
of
them
;
and
that
were
it
true
,
yet
he
ought
not
thus
to
breake
forth
against
the
King
his
Lord
,
untill
hee
had
certaine
knowledge
,
that
the
King
had
such
intensions
against
him
:
ET
EX
TVNC
LICERET
TALIA
ATTEMPTARE
;
and
from
thenceforth
he
might
lawfully
attempt
such
things
,
(
by
the
Courtiers
and
Friers
owne
Confessions
:
)
Vpon
which
the
Marshiall
said
to
Frier
Lambe
:
To
the
first
they
say
,
that
I
ought
to
submit
my selfe
,
because
I
have
invaded
the
King
:
it
is
not
true
,
because
the
King
himselfe
,
(
though
I
have
beene
ever
ready
to
stand
to
the
Law
and
judgement
of
my
Peeres
in
his
Court
,
and
have
oft
times
requested
it
by
many
messengers
betweene
us
,
which
he
alwaies
denied
to
grant
)
violently
entred
my
Land
,
and
invaded
it
against
all
justice
:
whom
hoping
in
humility
to
please
,
I
freely
entred
into
a
forme
of
peace
with
him
,
which
was
very
prejudiciall
to
me
:
wherein
he
granted
,
that
if
on
his
part
all
things
were
not
punctually
performed
toward
me
,
I
should
be
in
my
pristine
state
before
that
peace
conclnded
;
namely
,
that
I
should
be
without
this
homage
,
and
absolved
from
my
allegiance
to
him
,
as
I
was
at
first
by
the
Bishop
of
Saint
Davids
;
Seeing
then
hee
hath
violated
all
the
Articles
of
the
Peace
,
IT
WAS
LAWFVLL
FOR
ME
,
According
to
my
agreement
,
to
recover
what
was
mine
owne
;
and
to
debilitate
his
power
by
all
meanes
;
especially
seeing
he
endeavoured
my
destruction
,
dis-inheritance
,
and
seizing
of
my
Body
,
of
which
I
have
certaine
intelligence
,
and
am
able
to
prove
it
if
neede
be
.
And
which
is
more
,
after
the
15
daies
truce
,
before
I
entred
Wales
,
or
made
any
defence
,
he
deprived
me
of
the
Office
of
Marshall
,
without
judgement
,
which
belongs
to
me
,
and
I
have
enjoyed
by
Inheritance
,
neither
would
he
by
any
meanes
restore
mee
to
it
,
though
required
.
Whence
I
have
plainely
learned
,
that
he
will
keepe
no
peace
with
me
,
seeing
since
the
Peace
hee
handles
me
worse
then
before
.
Whereby
I
ceased
to
bee
his
Subject
,
and
was
absolved
from
his
homage
by
him
.
Wherefore
it
was
,
and
is
lawfull
for
me
to
defend
my selfe
,
and
to
withstand
the
malice
of
his
Counsellors
by
all
meanes
.
And
whereas
the
Kings
Counsellors
say
,
it
is
profitable
for
me
to
submit
to
the
Kings
mercy
,
because
he
is
more
rich
and
powerfull
then
I
am
.
It
is
true
,
the
King
is
richer
and
more
potent
then
I
,
but
yet
he
is
not
more
powerfull
then
God
,
who
is
Iustice
it selfe
,
in
whom
I
trust
,
in
the
confirmation
and
prosecution
of
my
right
,
and
of
the
Kingdomes
.
And
whereas
they
say
,
the
King
can
bring
in
Strangers
of
his
kinred
,
who
are
neither
Scots
,
nor
French
,
nor
Welsh
,
who
shall
make
all
his
foes
his
Foot-stoole
,
and
come
in
such
multitudes
,
as
they
shall
cover
the
face
of
the
earth
,
and
that
he
can
raise
seven
men
to
my
one
:
I
neither
trust
in
Strangers
,
nor
desire
their
confederaciei
nor
will
I
invoke
their
aide
,
Vnlesse
,
which
God
forbid
,
inopinata
&
immutabilis
,
fuero
compulsus
necessitate
;
I
shall
be
compelied
by
a
sudden
and
immutable
necessity
;
and
I
beleeve
by
his
Counsells
ill
advise
he
will
quickly
bring
in
such
multitudes
of
Strangers
,
that
he
will
not
be
able
to
free
the
Kingdome
of
them
againe
;
for
I
have
learned
from
credible
men
,
that
the
Bishop
of
Winchester
is
bound
to
the
Emperour
,
that
he
will
make
the
Kingdome
of
England
subject
to
him
;
which
God
in
his
providence
avert
.
And
whereas
they
say
,
That
I
may
confide
in
the
King
and
his
Counsell
,
because
the
King
is
mercifull
,
credible
,
&c.
It
may
well
be
that
the
King
is
mercifull
;
but
he
is
seduced
be
the
Counsell
of
those
,
by
whom
we
feele
our selves
much
hurt
;
and
he
is
Noble
and
credible
(
whom
God
long
preserve
so
)
as
much
as
in
him
lies
;
but
as
for
his
Counsell
,
I
say
,
that
no
one
promise
made
to
me
,
was
ever
yet
kept
,
and
they
have
violated
many
corporall
Oathes
made
to
me
,
and
the
Oathes
they
tooke
for
observing
Magna
Charta
,
for
which
they
remaine
excommunicate
and
perjured
.
Yea
,
they
are
enjured
concerning
the
faithfull
Counsell
which
they
have
sworne
to
give
to
our
Lord
the
King
,
when
as
they
have
wilfully
given
him
the
Counsell
of
Achitophel
,
against
justice
;
and
corrupted
the
just
Lawes
they
have
sworne
to
keepe
,
and
introduced
unusuall
ones
:
for
which
,
and
for
many
other
things
,
for
which
neither
God
nor
man
ought
to
trust
them
,
or
their
complices
,
are
they
not
every
one
excommunicated
?
Rumor
de
veteri
faciet
ventura
timeri
:
Cras
poterunt
fieri
turtia
sicut
heri
.
Falix
quem
faciunt
aliena
pericula
cautum
.
Whereas
the
said
Counsellors
of
the
King
say
,
that
I
invaded
the
Kings
body
at
Gorsmund
Castle
,
before
the
King
had
entred
my
Land
;
and
so
I
did
injurie
to
the
King
,
for
which
I
ought
to
implore
his
mercie
,
least
others
should
take
example
thence
to
raise
up
Armes
against
the
King
.
I
answer
,
that
I
was
not
there
in
person
;
and
if
any
of
my
Family
were
thereby
chance
,
they
invaded
onely
the
Family
of
the
King
,
not
the
person
of
the
King
:
which
yet
if
they
had
done
,
it
were
no
wonder
,
seeing
the
king
came
with
his
Army
into
my
Land
,
that
he
might
invade
me
,
and
oppresse
me
by
all
the
meanes
he
could
,
which
may
appeare
to
all
by
the
tenor
of
his
Letters
,
by
which
hee
made
a
generall
assembly
throughout
England
against
my
Army
.
And
since
the
premises
objected
against
mee
are
false
,
and
it
is
true
,
that
the
King
hath
treated
me
worse
since
the
time
I
expected
his
mercy
,
then
any
time
before
,
and
doth
yet
use
the
same
Counsell
as
then
;
and
since
he
endeavours
precisely
to
follow
their
Counsels
in
all
things
,
by
whose
advise
I
suffer
all
the
premised
grievances
;
I
ought
not
to
prostitute
my selfe
to
his
mercy
.
Neither
would
this
be
for
the
Kings
honour
,
that
I
should
consent
unto
his
will
,
which
is
not
grounded
upon
reason
.
Yea
,
I
should
doe
an
injury
to
him
,
and
to
Iustice
,
which
he
ought
to
use
towards
his
Subjects
,
and
to
maintaine
.
And
I
should
give
an
ill
example
to
all
,
by
deserting
Iustice
,
and
the
prosecution
of
right
,
for
an
erronious
will
against
all
Iustice
,
and
the
injury
of
the
Subjects
:
For
by
this
it
would
appeare
,
that
we
loved
our
worldly
possessions
,
more
then
Iustice
it selfe
.
And
whereas
the
Kings
Counsellours
object
,
that
wee
have
combined
with
the
Kings
capitall
enemies
,
namely
,
the
French
,
Scots
,
Welsh
,
out
of
hatred
and
dammage
to
king
and
kingdome
:
That
of
the
French
is
altogether
false
,
and
that
of
the
Scots
and
Welsh
too
;
excepting
the
king
of
Scots
,
and
Leoline
Prince
of
Northwales
;
who
were
not
the
kings
enemies
,
but
faithfull
friends
,
untill
by
injuries
offered
them
by
the
King
and
his
Counsell
,
they
were
by
coertion
against
their
wills
,
alienated
from
their
fidelitie
,
as
I
am
.
And
for
this
cause
I
am
confederated
with
them
,
that
we
may
the
better
being
united
,
then
separated
,
regaine
and
defend
our
rights
,
of
which
we
are
unjustly
deprived
,
and
in
a
great
part
spoiled
.
Whereas
the
Kings
Counsell
propose
,
that
I
ought
not
to
confide
in
my
Confederates
,
because
the
King
,
without
any
great
hurt
to
his
Land
,
can
easily
separate
them
from
my
friendship
:
Of
this
I
make
no
great
doubt
,
but
by
this
the
iniquity
of
his
Counsellors
doth
most
of
all
appeare
:
that
in
some
sort
they
would
cause
the
King
to
sustaine
losse
,
by
those
whom
he
specially
calls
,
capitall
enemies
,
to
injure
mee
who
have
alwaies
beene
his
faithfull
Subject
,
whiles
I
remained
with
him
,
and
yet
would
be
so
,
if
he
would
restore
to
me
and
my
friends
our
right
.
Whereas
the
said
Counsellors
say
,
that
the
Pope
and
Church
of
Rome
,
doe
specially
love
the
King
and
kingdome
,
and
will
Excommunicate
all
his
adversaries
,
which
thing
is
even
at
the
dores
,
because
they
have
already
sent
for
a
Legate
:
It
pleaseth
mee
well
,
said
the
Marshall
;
because
the
more
they
love
the
King
and
Kingdome
,
by
so
much
the
more
will
they
desire
that
the
King
should
treat
his
Realme
and
Subjects
,
according
to
justice
:
And
I
am
well
pleased
they
should
excommunicate
the
adversaries
of
the
Kingdome
,
because
they
are
those
who
give
Counsell
against
Iustice
,
whom
workes
will
manifest
;
because
Iustice
and
Peace
have
kissed
each
other
;
and
because
of
this
,
where
Iustice
is
corrupted
,
Peace
is
likewise
violated
.
Also
I
am
pleased
that
a
Legate
is
comming
,
because
the
more
discreet
men
shall
heare
our
justice
,
by
so
much
the
more
vilely
shall
the
adversaries
of
Iustice
be
confounded
.
In
which
notable
discourse
we
see
the
lawfullnesse
of
a
necessary
defensive
Warre
yeelded
and
justified
both
by
the
King
,
his
Counsell
,
and
the
Earle
Marshall
,
as
well
against
the
King
himselfe
,
if
he
invade
his
Subjects
first
,
as
any
of
his
Forces
who
assist
him
.
After
which
the
Marshall
slew
many
of
his
Enemies
by
an
Ambuscado
,
while
they
thought
to
surprise
him
,
and
wasted
and
spoiled
their
goods
,
houses
,
lands
;
observing
this
generall
laudable
rule
which
they
made
,
to
doe
no
hurt
,
nor
ill
to
any
one
,
but
to
the
Kings
evill
Counsellors
by
whom
they
were
banished
,
whose
goods
,
houses
,
woods
,
Orchards
,
they
spoiled
,
burnt
,
and
rooted
up
.
The
King
remaining
at
Glocester
,
heard
of
these
proceedings
of
the
Marshall
,
but
his
forces
being
too
weake
,
he
durst
not
encounter
him
,
but
retired
to
Winchester
with
Bishop
Peter
,
confounded
with
over
much
shame
,
leaving
that
Country
to
be
wasted
by
his
adversaries
;
where
innumerable
carcases
of
those
there
slaine
lay
naked
and
unburied
in
the
wayes
,
being
food
to
the
beasts
and
birds
of
prey
:
a
sad
spectacle
to
passengers
,
which
so
corrupted
the
ayre
,
that
it
infected
and
killed
many
who
were
healthy
.
Yet
the
Kings
heart
was
so
hardned
,
by
the
wicked
councell
he
followed
,
against
the
Marshall
,
that
the
Bishops
admonishing
him
to
make
peace
with
him
,
WHO
FOVGHT
FOR
IVSTISE
:
he
answered
,
that
he
would
never
make
peace
with
him
,
unlesse
comming
with
an
halter
about
his
necke
and
acknowledging
himselfe
to
be
a
Traytor
,
he
would
implore
his
mercy
.
The
Marshall
both
in
England
and
Ireland
;
professed
that
he
was
no
Traytor
;
that
his
warre
being
but
defensive
,
was
just
;
immutabiliter
affirmant
,
quod
li●uit
sibi
de
jure
quod
suum
crat
repetere
,
&
posse
Regis
&
Consiliorum
suorum
,
modis
omnibus
quibus
poterat
,
infirmare
.
[
r
](A91298-e11990-b)
r
Page
966.
967.
Daniel
,
p.
178.
William
Rishanger
in
his
continuation
of
Matthew
Paris
,
speaking
of
the
death
of
Simon
Monfort
Earle
of
Leycester
,
slaine
in
the
Battle
of
Ev●sham
,
the
greatest
Pillar
of
the
Barrons
warres
;
useth
this
expression
.
Thus
this
magnificent
Earle
Symon
,
ended
his
labors
,
who
not
onely
bestowed
his
estate
but
his
person
also
,
for
releiefe
of
the
oppression
of
the
poore
;
for
the
asserting
of
Iustice
,
and
the
right
of
the
Realme
:
he
was
commendably
skilfull
in
learning
,
a
dayly
frequenter
of
divine
Offices
,
constant
in
word
,
severe
in
countenance
,
most
confiding
in
the
prayers
of
Religious
persons
,
alwayes
very
respectfull
to
Ecclesiasticall
persons
.
He
earnestly
adheared
to
Robert
Grosthead
Bishop
of
Lincolne
,
and
committed
his
children
to
his
education
.
By
his
advise
he
handled
difficult
things
,
attempted
doubtfull
things
,
concluded
things
begun
,
specially
such
things
whereby
he
thought
he
might
gaine
desert
.
Which
Bishop
was
said
to
have
enjoyned
him
,
as
he
would
obtaine
remission
of
his
sinnes
,
that
he
should
undertake
this
cause
for
which
he
contended
even
unto
death
,
affirming
,
that
the
peace
of
the
Church
of
England
could
never
be
established
,
but
by
them
materiall
sword
;
and
constantly
averring
;
THAT
ALL
WHO
DIED
FOR
IT
WERE
CROWNED
WITH
MARTYRDOME
.
Some
say
that
this
Bishop
on
a
time
,
laying
his
hand
on
the
head
of
the
Earles
eldest
sonne
,
said
unto
him
.
O
most
deare
sonne
,
thou
and
thy
father
shall
both
dye
on
one
day
,
and
with
one
hand
of
death
;
YET
FOR
JUSTICE
AND
TRVTH
.
Fame
reports
that
Symon
after
his
death
grew
famous
by
many
miracles
,
which
for
feare
of
the
King
came
not
in
publicke
.
Thus
this
Historian
,
thus
Robert
Grosthead
the
most
devout
and
learned
Bishop
of
that
age
,
(
who
most
of
any
opposed
the
Popes
Vsurpations
and
exactions
)
determine
of
the
justice
and
lawfulnesse
of
the
Barons
Warres
;
Walter
Bishop
of
Worcester
concurring
in
the
same
opinion
with
Grosthead
.
The
same
[
s
](A91298-e12170-b)
s
Page
.
970.
author
Rishanger
records
;
that
the
Earle
of
Glocester
,
a
great
stickler
in
these
warres
against
the
king
,
with
whom
at
last
he
accorded
;
signified
to
the
King
by
his
Letters
Patents
under
his
seale
,
that
he
would
never
beare
Armes
against
the
King
his
Lord
,
nor
against
his
Sonne
Prince
Edward
,
NISI
DEFENDO
;
but
onely
in
his
Defence
:
which
the
King
and
Prince
accepting
of
,
clearely
proves
;
that
defensive
Armes
against
King
or
Prince
were
in
that
age
generally
reputed
Lawfull
,
by
King
Prince
,
Prelates
,
Nobles
,
People
.
I
may
likewise
adde
to
this
what
I
read
in
[
t
](A91298-e12210-b)
t
An.
3263.
p.
336.
Matthew
Westminster
,
that
Richard
Bishop
of
Chichester
the
day
before
the
battle
of
Lewis
against
King
Henry
and
his
sonne
(
who
were
taken
prisoners
in
it
by
the
Barons
and
20000.
of
their
Souldiers
slaine
;
)
absolved
all
that
went
to
fight
against
the
King
their
Lord
from
all
their
sinnes
.
Such
confidence
had
he
of
the
goodnesse
of
the
cause
and
justnesse
of
the
warre
.
In
one
word
,
the
[
u
](A91298-e12290-b)
u
Mat.
Par.
p.
952.
953.
Speed
,
p
636.
Dan.
p.
178.
oath
of
association
prescribed
by
the
Barons
to
the
King
of
Romans
,
brother
to
King
Henry
the
third
,
in
the
43.
yeare
of
his
Raigne
;
Heare
all
men
,
that
I
Richard
Earle
of
Cornewall
,
doe
here
sweare
upon
the
holy
Evangelists
,
that
I
shall
be
faithfull
,
and
diligent
to
reforme
with
you
the
Kingdome
of
England
,
hitherto
by
the
councell
of
wicked
persons
overmuch
disordered
:
and
be
an
effectuall
Co●djutor
TO
EXPELL
THE
REBELLS
,
and
disturbers
of
the
same
.
And
this
Oath
I
will
inviolaby
observe
,
under
pa●ne
of
losing
all
the
lands
I
have
in
England
:
So
helpe
me
God
.
Which
Oath
all
the
Barrons
and
their
associates
tooke
,
(
by
vertue
whereof
they
tooke
up
armes
against
the
Kings
ill
Councellors
,
and
himselfe
when
he
joined
with
them
,
)
sufficiently
demonstrates
their
publicke
opinions
and
judgements
of
the
lawfulnesse
,
the
justnesse
of
their
warres
;
and
of
all
other
necessarie
defensive
armes
,
taken
up
by
the
Kingdomes
generall
assent
for
preservation
of
its
Lawes
,
Liberties
,
and
suppression
of
those
Rebels
,
and
ill
Councellors
who
fight
against
,
or
labour
to
subvert
them
by
their
policies
.
[
x
](A91298-e12380-b)
x
W●lsing
.
Hist.
Angl.
p.
70
to
75.
Ypodigma
Neustr
.
An.
1309.
1310
Dan.
Holi●sh
.
Graf
.
Speed
,
Fab
Stow
and
others
in
his
life
:
Fox
Acts
and
Monuments
,
Edw.
ult
vol.
1.
p.
480.
481.
In
the
third
yeare
of
King
Edward
the
2d
,
this
king
revoking
his
great
Mynion
Piers
Gaveston
,
newly
banished
by
the
Parliament
into
Ireland
,
and
admitting
him
into
as
great
favour
as
before
,
contrary
to
his
oath
and
promise
:
the
Barrons
hereupon
by
common
consent
sent
the
King
word
;
that
he
should
banish
Piers
from
his
company
according
to
his
agreement
,
or
else
they
would
certain●ly
rise
up
against
him
as
a
perjured
person
.
Vpon
which
the
King
much
terrified
suffers
Piers
to
abjure
the
Realme
;
who
returning
againe
soone
after
to
the
Court
at
Yorke
;
where
the
king
entertained
him
;
the
Lords
spirituall
and
temporall
,
to
preserve
he
liberties
of
the
Church
and
Realme
,
sent
an
honourable
message
to
the
King
,
to
deliver
Piers
into
their
hands
,
or
banish
him
,
for
the
preservation
of
the
peace
,
Treasure
and
weale
of
the
Kingdome
;
this
wilfull
King
denies
their
just
request
;
whereupon
the
Lords
thus
contemned
and
deluded
,
raised
an
army
,
and
march
with
all
speede
towards
New-Castle
,
NOT
TO
OFFER
INIVRIE
OR
MOLESTATION
TO
THE
KING
,
but
to
apprehend
Peirs
,
and
judge
him
according
to
Law
:
upon
this
the
King
fleeth
together
with
Peirs
to
Tinemouth
,
and
from
thence
to
Scarborough
Castle
,
where
Piers
is
forced
to
render
himselfe
to
the
Barrons
,
who
at
Warwicke
Castle
,
(
without
any
legall
triall
by
meere
martiall
Law
)
beheaded
him
,
as
a
subvertor
of
the
Lawes
,
and
an
OPEN
TRAITOR
TO
THE
KINGDOME
.
For
which
facts
this
King
afterwards
reprehending
and
accusing
the
Lords
in
Parliament
,
in
the
7th
yeare
of
his
Raigne
;
they
stoutly
answered
,
THAT
THEY
HAD
NOT
OFFENDED
IN
ANY
ONE
POINT
,
BVT
DESERVED
HIS
ROYAL
FAVOVR
,
for
they
HAD
NOT
GATHERED
FORCE
AGAINST
HIM
(
though
he
were
in
Piers
his
company
,
assisted
,
countenanced
,
and
fled
with
him
)
BVT
AGAINST
THE
PVBLICKE
ENEMIE
OF
THE
REALME
:
Whereupon
there
were
two
acts
of
oblivion
passed
by
the
King
,
Lords
and
Commons
assembled
in
that
Parliament
,
(
Printed
in
the
[
y
](A91298-e12610-b)
y
F.
43.
44.
2d
Part
of
old
Magna
Charta
:
)
The
first
,
that
no
person
(
on
the
Kings
part
)
should
be
questioned
,
molested
,
impeached
,
imprisoned
,
and
brought
to
judgement
,
for
causing
Pierce
to
returne
from
Exile
,
or
harboring
,
councelling
or
ayding
hi●●ere
after
his
returne
:
The
second
on
the
Barons
part
,
in
these
words
:
It
is
provided
by
the
King
,
and
by
the
Archbishops
,
Bishops
,
Abbots
,
Priors
,
Earles
,
Bar●s
and
Commons
,
of
the
Realme
,
assembled
according
to
our
Command
,
and
unanimously
assented
and
accorded
,
that
none
of
what
estate
or
condition
soever
he
be
,
shall
in
time
to
come
be
appealed
or
challenged
,
for
the
apprehending
,
deteining
,
or
death
of
Peirsde
Gaveston
,
nor
shall
for
the
said
death
be
apprehended
,
nor
imprisoned
,
impeached
,
molested
,
nor
grieved
,
nor
judgement
given
against
him
by
us
,
nor
by
others
at
our
suite
,
nor
at
the
suite
of
any
other
,
either
in
the
Kings
Court
or
elsewhere
.
Which
act
the
King
by
his
Writ
,
sent
to
the
Judges
of
the
Kings
Bench
,
commanding
that
this
grant
and
concord
shall
be
firme
and
stable
in
all
its
points
,
and
that
every
of
them
should
be
held
,
and
kept
in
perpetuitie
;
to
which
end
he
commands
them
to
cause
this
act
to
be
there
inrolled
,
and
firmely
kept
for
ever
.
A
pregnant
evidence
that
the
Barons
taking
up
Armes
then
against
this
Traytor
and
enemie
of
the
Realme
,
in
pursuance
of
the
Act
and
sentence
of
Parliament
for
his
banishment
,
though
the
King
were
in
his
company
,
and
assisted
him
all
he
might
,
was
then
both
by
King
and
Parliament
,
adjudged
no
Treason
,
nor
Rebellion
at
all
in
point
of
Law
,
but
a
just
&
honorable
action
:
Wherefore
their
taking
up
Armes
is
not
mentioned
in
this
Act
of
oblivion
,
seeing
they
all
held
it
just
,
but
their
putting
Piers
to
death
,
without
legall
triall
;
which
in
strictnesse
of
Law
,
could
not
be
justified
.
Now
whether
this
be
not
the
Parliaments
and
kingdomes
present
case
in
point
of
Law
(
who
tooke
up
armes
principally
at
first
,
for
defence
of
their
owne
Priviledges
of
Parliament
,
and
apprehention
of
delinquents
who
seducing
the
king
withdrew
him
from
the
Parliament
,
and
caused
him
to
raise
an
Army
to
shelter
themselves
under
its
power
against
the
Parliament
)
let
every
reasonable
man
determine
:
and
if
it
be
so
,
we
see
this
ancient
Act
of
Parliament
resolves
it
,
to
be
no
high
Treason
,
nor
Rebellion
,
nor
offence
against
the
King
;
but
a
just
,
lawfull
act
,
for
the
kings
,
the
kingdomes
honour
and
safety
.
Not
long
after
this
,
the
two
[
z
](A91298-e12680-b)
z
Walsirg
.
Holinsh
.
Fab.
Graf
.
Stow
,
Speed
,
Daniel
in
his
life
.
Spensers
getting
into
the
kings
favour
,
and
seducing
,
miscouncelling
him
as
much
as
Gaveston
did
;
the
Lords
and
Barrons
hereupon
in
the
14th
and
15th
yeares
of
his
raigne
,
confederated
together
,
to
live
and
dye
for
justice
,
and
to
their
power
to
destroy
the
TRAITORS
OF
THE
REALME
,
Especially
the
two
Spensers
:
after
which
they
raised
an
Army
,
whereof
they
made
Thomas
Earle
of
Lancaster
Generall
;
and
meeting
at
Sherborne
,
they
plunder
and
destroy
the
Spensers
Castles
,
Mannors
.
Houses
,
Friends
,
Servants
,
and
marching
to
Saint
Albanes
with
Ensignes
displayed
,
sent
Messengers
to
the
King
then
at
London
,
admonishing
him
not
onely
to
rid
his
Court
but
Kingdome
,
of
the
TRAITORS
TO
THE
REALME
,
the
Spensers
(
condemned
by
the
Commons
in
many
Articles
)
to
preserve
the
peace
of
the
Realme
;
and
to
grant
them
and
all
their
followers
Lette●s
Pattents
of
indemnity
,
for
what
they
had
formerly
done
.
Which
the
King
at
first
denied
but
afterwards
this
Armie
marching
up
to
London
,
where
they
were
received
by
the
City
,
he
yeelded
to
it
,
and
in
the
15th
yeare
of
his
Raigne
by
a
speciall
Act
of
Parliament
the
said
Spensers
were
disinherited
and
banished
the
Realme
(
formis-councelling
the
king
,
oppressing
the
people
by
injustice
,
a
vising
him
to
levie
warre
upon
his
Subjects
,
making
evill
Iudges
and
other
Officers
to
the
hurt
of
the
King
and
Kingdome
,
●ng●ossing
the
Kings
eare
,
and
usurping
his
Royall
authority
)
as
ENEMIES
of
the
King
and
OF
HIS
PEOPLE
:
and
by
another
Act
of
Parliament
,
it
was
then
provided
,
that
no
man
should
be
questioned
for
any
felonies
or
trespasses
committed
in
the
prosecution
of
Hugh
●e
de
pensers
the
father
and
sonne
;
which
Act
runnes
thus
?
Whereas
of
late
many
great
men
of
the
Realme
surmised
to
Sir
Hugh
le
Despenser
the
sonne
and
Father
,
many
misdemeanors
by
them
committed
against
the
estate
of
our
Lord
the
King
and
of
his
Crowne
,
and
to
the
disinheritance
of
the
great
men
and
destruction
of
the
people
,
and
pursued
those
misdemeanors
and
attainder
of
them
by
force
,
because
they
could
not
be
attainted
by
processe
of
Law
,
because
that
the
said
Sir
Hughes
had
accroached
to
them
the
royall
power
in
divers
manner
:
the
said
Grandees
having
mutually
bound
themselves
by
oath
in
writing
,
without
the
advise
of
our
Lord
the
King
;
and
after
in
pursuing
the
said
Hugh
and
Hugh
,
and
their
alies
and
adherents
,
the
said
great
men
and
others
,
riding
with
banners
displaied
,
having
in
them
the
Armes
of
the
king
and
their
owne
;
did
take
and
occupie
the
Chattels
,
Villages
,
Mannors
;
Lands
,
Tenements
,
Goods
,
and
likewise
take
and
imprison
some
of
the
Kings
leige
people
and
others
,
tooke
some
and
slew
others
,
and
did
many
other
things
,
in
destroying
the
said
Hugh
and
Hugh
,
and
their
alies
,
and
others
in
England
,
Wales
,
and
in
the
Marches
,
whereof
some
things
may
be
said
Trespasses
,
and
others
felonies
:
and
the
said
Hugh
and
Hugh
,
in
the
Parliament
of
our
Lord
the
King
,
sommoned
at
Westminster
three
weekes
after
the
Nativitie
of
Saint
John
Baptist
the
15.
yeare
of
his
Raigne
,
for
the
said
misdemeanors
were
fore
judged
and
banished
the
Realme
,
by
a
vote
of
the
Peeres
of
the
Land
;
and
the
foresaid
great
men
in
the
said
Parliament
,
shewed
to
our
Lord
the
King
,
that
the
things
done
in
the
pursuite
of
the
said
Hugh
and
Hugh
,
by
reason
of
such
causes
of
necessity
,
cannot
be
legally
redressed
or
punished
without
causing
great
trouble
,
or
perchance
warre
in
the
land
,
which
shall
be
worse
;
and
prayed
our
Lord
,
that
of
all
alliances
,
trespasses
and
felonies
they
might
be
for
ever
acquitted
,
for
the
preservation
of
peace
,
the
avoyding
of
warre
,
and
asswaging
of
angers
and
rancors
,
and
to
make
unitie
in
the
land
;
and
that
our
Lord
the
King
may
more
intirely
have
the
hearts
and
Wills
of
the
great
men
and
of
his
people
,
to
maintaine
and
defend
his
Lands
,
and
to
make
warre
upon
and
grieve
his
enemies
.
It
is
accorded
and
agreed
in
the
said
Parliament
by
our
Lord
the
King
,
and
by
the
Prelates
,
Earles
,
Barrons
,
and
Commons
of
the
Realme
there
assembled
by
command
of
our
Lord
the
King
,
that
none
of
what
estate
or
condition
soever
he
be
for
alliance
,
at
what
time
soever
made
,
by
deed
,
oath
,
writing
,
or
in
other
manner
,
nor
for
the
taking
,
occupying
,
or
detainer
of
Chattels
,
towns
,
Mannors
,
Lands
,
Tenements
,
and
good
taken
,
imprisoning
or
ransoming
the
Kings
leige
People
,
or
of
other
homicides
,
robberies
,
felonies
,
or
other
things
which
may
be
noted
as
trespasses
or
fellonies
committed
against
the
peace
of
the
king
by
the
said
great
men
,
their
allies
,
or
adherents
in
the
pursuite
aforesaid
,
since
the
first
day
of
March
last
past
,
till
the
thursday
next
after
the
feast
of
the
assumption
of
our
Ladie
,
to
wit
,
the
19.
day
of
August
next
ensuing
,
be
appealed
,
nor
challenged
,
taken
nor
imprisoned
,
nor
grieved
,
nor
drawne
into
judgement
by
the
King
,
nor
any
other
at
the
suite
of
any
other
which
shall
be
in
the
Kings
Court
or
in
any
place
else
;
but
that
all
such
trespasses
and
Felonies
shall
be
discharged
by
this
accord
and
assent
:
saving
alwaies
to
all
men
,
but
to
the
said
Hugh
and
Hugh
,
action
and
reason
to
have
and
recover
their
Chattels
,
Farmes
,
mannors
,
Lands
,
tenements
,
wards
and
marriages
according
to
the
Lawes
and
customes
used
in
the
Realme
,
without
punishment
against
the
king
,
or
damages
recovered
against
the
party
for
the
time
aforesaid
.
For
which
end
they
prescribed
likewise
a
Charter
of
Pardon
annexed
to
this
Act
according
to
the
purport
of
it
which
every
one
that
would
might
sue
out
,
which
Charter
you
may
read
in
old
Magna
Charta
.
From
which
Act
of
Parliament
I
shall
observe
these
three
things
.
First
,
that
this
their
taking
up
Armes
to
apprehend
the
Spens●rs
as
enemies
to
the
King
and
kingdom
,
and
marching
with
banners
displayd
,
was
not
then
reputed
high
Treason
or
Rebellion
against
the
King
,
though
it
were
by
way
of
offence
,
not
of
defence
,
and
without
any
authority
of
Parliament
:
for
there
is
not
one
word
of
Treason
or
Rebellion
in
this
Act
,
or
in
the
Charter
of
pardon
pursuing
it
:
and
if
it
had
beene
high
Treason
,
this
Act
and
Charters
on
it
extending
onely
to
Fellonie
and
Trespasses
not
to
Treasons
and
Rebellions
,
would
[
b
](A91298-e13110-b)
b
Dy●●●
.
50.
pl.
4
〈◊〉
.
6
●
.
12.
Stamford
.
f.
2.
not
have
pardoned
these
transcendent
Capitall
crimes
.
Secondly
,
that
the
unlawfull
outrages
,
robberies
,
and
murders
committed
by
the
souldiers
on
the
kings
leige
people
,
and
not
on
the
two
Spensers
the
sole
delinquents
,
were
the
occasion
of
this
Act
of
oblivion
and
pardon
,
not
the
Armed
pursuing
of
them
,
when
they
had
gotten
above
the
reach
of
Law
.
Thirdly
,
that
though
this
were
an
offensive
not
defensive
warre
,
made
without
common
assent
of
Parliament
,
and
many
murthers
,
robberies
,
and
misdemeanors
committed
in
the
prosecution
of
it
upon
the
kings
leige
people
who
were
no
Delinquents
;
yet
being
for
the
common
good
to
suppresse
and
banish
these
ill
Councellors
,
enemies
,
Traytors
to
King
and
Kingdome
,
the
King
and
Parliament
thought
it
such
a
publicke
service
as
merited
a
pardon
of
these
misdemeanors
in
the
carriage
of
it
,
and
acquitted
all
who
were
parties
to
it
,
from
all
suites
and
punishments
.
All
which
considered
,
is
a
cleare
demonstration
,
that
they
would
have
resolved
our
present
defensive
warre
,
by
Authoritie
of
both
Houses
,
accompanied
with
no
such
outrages
as
these
;
for
the
apprehension
of
such
as
have
beene
voted
Traytors
and
Delinquents
by
Parliament
,
and
stand
out
in
contempt
against
its
justice
,
for
the
defence
of
the
Priviledges
and
Members
of
Parliament
,
the
Liberties
and
properties
of
the
subject
,
the
fundamentall
lawes
of
the
Realme
,
the
Protestant
Religion
now
indangered
by
Papists
up
in
Armes
in
England
and
Ireland
to
extirpate
it
,
and
the
removing
ill
Counsellors
from
his
Majestie
;
to
be
no
high
Treason
,
Rebellion
or
offence
at
all
against
the
king
,
but
a
just
and
lawful
Act
,
the
very
miscarriages
wherof
in
the
generall
(
except
in
such
disorderly
Souldiers
for
whom
martiall
Law
hath
provided
due
punishments
)
deserve
a
publike
pardon
both
from
King
and
Kingdome
.
And
to
put
this
out
of
Question
;
as
no
fancie
of
mine
owne
,
we
have
an
expresse
Act
of
Parliament
,
resolving
the
taking
up
of
Armes
by
the
Queene
,
Prince
,
(
both
but
subjects
and
capable
of
High
Treason
in
such
a
case
as
well
as
others
)
the
Nobles
and
people
of
the
Realme
against
these
two
Spensers
and
other
ill
Counsellors
about
this
king
in
the
last
yeare
of
his
raigne
,
(
though
the
King
himself
were
in
their
Company
,
and
taken
prisoner
by
the
Forces
raised
against
them
,
)
for
the
necessary
preservation
,
reliefe
,
and
safety
of
the
Queene
,
Prince
,
Nobles
,
Kingdome
,
to
be
no
high
Treason
nor
offence
at
all
:
namely
,
the
statute
of
1
E.
3.
c.
1.
2.
3
,
which
I
shall
recite
at
large
.
Whereas
Hugh
Spenser
the
Father
,
and
Hugh
Spenser
the
Sonne
,
late
at
the
suite
of
Thomas
then
Earle
of
Lancaster
and
Leycester
,
and
Steward
of
England
,
by
the
common
assent
and
vote
of
the
Peers
and
Commons
of
the
Realme
,
and
by
the
assent
of
King
Edward
Father
to
our
Soveraigne
Lord
the
King
,
that
now
is
,
AS
TRAITORS
&
ENEMIES
OF
THE
KING
,
&
OF
THE
REALME
,
were
Exiled
,
disinherited
and
banished
out
of
the
Realme
for
ever
.
And
afterward
the
same
Hugh
by
evill
Councell
,
which
the
king
had
about
him
,
without
the
assent
of
the
Peeres
and
Commons
of
the
Realme
,
came
againe
into
the
Realme
:
and
they
with
other
procured
the
said
king
to
pursue
the
said
Earle
of
Lancaster
,
and
other
great
men
and
people
of
the
Realme
,
in
which
pursuite
the
said
Earle
of
Lancaster
and
other
great
men
and
people
of
the
Realme
,
were
willingly
dead
and
disinherited
,
and
some
outlawed
,
banished
,
and
disinherited
;
and
some
disinherited
and
imprisoned
,
and
some
ransommed
and
disherited
:
and
after
such
mischiefe
the
said
Hugh
and
Hugh
Master
Robert
Bald●cke
and
Edm●nd
Earle
of
Arundell
usurped
to
them
the
Royall
power
,
so
that
the
king
nothing
did
,
nor
would
doe
,
but
as
the
said
Hugh
and
Hugh
,
Rob●rt
and
Edmond
Earle
of
Arundell
did
councell
him
,
were
it
never
so
great
wrong
:
during
which
usurpation
,
by
duresse
and
force
against
the
Will
of
the
Commons
,
they
purchased
Lands
,
as
well
by
fines
levied
in
the
Court
of
the
said
Edward
,
as
otherwise
:
and
whereas
after
the
death
of
the
said
Earle
of
Lancaster
,
and
other
great
men
,
our
Soveraigne
Lord
the
King
that
now
is
,
and
Dame
Isabel
Queene
of
England
,
his
Mother
,
by
the
Kings
will
and
Common
Councell
of
the
Realme
,
went
over
to
France
,
to
treate
of
peace
betweene
the
two
Realmes
of
England
and
France
,
upon
certaine
debates
then
moved
.
The
said
Hugh
and
Hugh
,
Robert
and
Edmond
Earle
of
Arundell
continuing
in
their
mischiefe
,
encouraged
the
king
against
our
Soveraigne
Lord
the
king
that
now
is
,
his
sonne
,
and
the
said
Queene
his
wife
,
and
by
royall
power
which
they
had
to
them
encroached
,
as
afore
is
said
,
procured
so
much
grievance
by
the
assent
of
the
said
King
Edward
,
to
our
Soveraigne
Lord
the
King
that
now
is
,
and
the
Queene
his
mother
,
being
in
so
great
jeopardy
of
themselves
in
a
strange
Country
,
and
seeing
the
Destruction
,
Dammage
,
Oppressions
,
and
Distractions
which
were
notoriously
done
in
the
Realme
of
England
,
upon
holy
Church
,
Prelates
,
Earles
Barons
,
and
other
great
men
,
and
the
Commonalty
by
the
said
Hugh
and
Hugh
,
Robert
and
Edmond
Earle
of
Arundell
by
the
encroaching
of
the
said
royall
power
to
them
,
to
take
as
good
Councell
therein
as
they
might
.
And
seeing
they
might
not
remedie
the
same
unlesse
they
came
into
England
,
with
an
Army
of
men
of
warre
;
and
by
the
Grace
of
God
with
such
puissance
,
and
with
the
helpe
of
great
men
and
Commons
of
the
Realme
,
they
have
vanquished
and
destroyed
the
sayd
Hugh
and
Hugh
,
Robert
and
Edmond
:
Wherefore
our
Soveraigne
Lord
King
Edward
that
now
is
,
at
his
Parliament
holden
at
Westmiuster
,
at
the
time
of
his
Coronation
,
the
morrow
after
Candlemas
,
in
the
first
yeare
of
his
reigne
,
upon
certaine
Petitions
and
requests
made
unto
him
in
the
said
Parliament
upon
such
Articles
above
rehearsed
,
by
the
common
councell
of
the
Prelates
,
Earles
,
Barons
,
and
other
great
men
,
and
by
the
Commonalty
of
the
Realme
,
there
being
by
his
Commandment
,
hath
provided
,
ordained
and
stablished
in
forme
following
.
First
,
that
no
great
man
,
or
other
of
what
estate
,
dignity
,
or
condition
he
be
,
that
came
with
the
said
king
that
now
is
,
and
with
the
Queene
his
mother
into
the
Realme
of
England
,
and
none
other
dwelling
in
England
,
who
came
with
the
said
king
that
now
is
,
In
ayde
of
them
to
pursue
their
said
enemies
,
in
which
pursuite
the
King
his
Father
was
taken
and
put
in
ward
,
and
yet
remaineth
in
ward
,
shall
not
be
molested
impeached
or
grieved
in
person
or
goods
,
in
the
kings
Court
,
or
other
Court
,
for
the
pursuite
of
the
said
king
,
taking
and
with
holding
of
his
body
,
nor
pursuite
of
any
other
,
nor
taking
of
their
persons
,
goods
,
nor
death
of
any
man
,
or
any
other
things
perpetrate
or
committed
in
the
said
pursuite
,
from
the
day
the
said
king
and
Queene
did
arme
,
till
the
day
of
the
Coronation
of
the
same
king
:
and
it
is
not
the
kings
minde
,
that
such
offenders
that
committed
any
trespasse
or
other
offence
out
of
the
pursuites
should
goe
quit
,
or
have
advantage
of
this
statute
,
but
they
shall
be
at
their
answere
for
the
same
at
the
Law
.
Item
,
that
the
repeale
of
the
said
Exile
which
was
made
by
Dures
and
force
be
ad●ulled
for
evermore
,
and
the
said
Exile
made
by
award
of
the
Peeres
and
Commons
,
by
the
kings
assent
as
before
is
said
,
shall
stand
in
his
strength
in
all
points
,
after
the
tenure
of
every
particular
therein
contained
.
Item
,
that
the
Executors
of
the
Testament
of
all
those
that
were
of
the
same
quarrell
dead
,
shall
have
actions
and
recover
the
Goods
and
Chattels
of
them
,
being
of
the
said
quarrell
,
whose
executors
they
be
;
as
they
of
the
same
quarrell
should
,
&c.
Certainely
here
was
an
higher
pursuite
and
levying
warre
against
the
King
and
his
evill
Councellors
,
then
any
yet
attempted
by
this
Parliament
;
and
a
warre
rather
offensive
,
then
defensive
,
in
which
the
king
himself
was
both
taken
and
detained
Priso●r
,
and
then
forced
to
resigne
his
Crowne
to
his
sonne
;
yet
this
is
here
justified
,
as
a
necessary
,
just
and
lawfull
warre
by
an
Act
of
Parliament
,
never
yet
repealed
;
and
all
that
bare
Armes
against
the
king
and
his
ill
Councellors
,
yea
they
who
pursued
,
apprehended
,
and
imprisoned
the
king
himselfe
,
are
,
as
to
this
particular
,
discharged
by
the
king
,
and
whole
Parliament
from
all
manner
of
guilt
,
of
punishment
,
or
prosecution
whatsoever
against
them
.
Which
consideration
makes
me
somewhat
confident
,
that
this
King
and
the
Parliament
held
in
the
25.
yeare
of
his
Raigne
,
ch.
2.
Which
declares
it
high
Treason
,
to
levie
warre
against
the
King
in
his
Realme
,
did
never
intend
it
of
a
necessary
defensive
warre
against
a
seduced
King
and
his
evill
Councellors
(
especially
by
the
Votes
of
both
Houses
of
Parliament
,
who
doubtlesse
would
never
passe
any
Act
to
make
themselves
,
or
their
Posteritie
in
succeeding
Parliaments
,
Traytors
,
for
taking
up
meere
necessary
defensive
Armes
for
their
owne
,
and
the
Kingdomes
preservation
)
for
that
had
beene
diametra●ly
contrary
to
this
statute
,
made
in
the
very
first
yeare
and
Parliament
of
this
King
;
and
would
have
l●yd
an
aspertion
of
High
Treason
upon
the
king
himself
,
the
Queene
his
Mother
,
their
own
Fathers
,
and
many
of
themselves
;
who
thus
tooke
up
Armes
and
made
a
defensive
kinde
of
warre
upon
King
●dward
the
2d
,
taking
him
prisoner
:
but
onely
to
Rebellious
insurrections
,
of
private
persons
,
without
any
publick
authority
of
Parliament
,
or
the
whole
Kingdome
in
generall
;
and
of
meere
offensive
warres
against
the
King
without
any
just
occasion
,
hostilitie
or
violence
on
the
Kings
part
,
necessitating
them
to
take
up
defensive
Armes
:
which
I
humbly
submit
to
the
judgement
of
those
grand
Rabbies
and
Sages
of
the
Law
,
and
the
Honorable
Houses
of
Parliament
,
who
are
best
able
to
resolve
,
and
are
the
onely
Iudges
to
determine
this
point
in
controversie
,
by
the
expresse
letter
and
provision
of
25.
Ed.
3.
ch
.
2.
of
Treasons
.
In
the
[
c
](A91298-e13730-b)
c
Walsing
Hist.
A●gl
p.
213.
See
Holinsh
.
Speed
.
Trussell
in
Ri●●
.
●
and
Cambdens
Bri●●d
,
of
the
British
Islands
,
p.
2●4
.
first
yeare
of
king
Richard
the
2d.
John
Mercer
a
Scot
,
with
a
Navie
of
Spanish
,
Scottish
&
French
ships
much
infested
the
Marchants
and
Coasts
of
England
taking
many
prises
without
any
care
taken
by
the
king
,
Lords
,
or
Councell
to
resist
them
.
Whereupon
Iohn
Philpot
a
rich
Merchant
of
London
,
diligently
considering
the
defect
,
that
I
say
not
treachery
of
the
Duke
of
I
ancaster
,
and
other
Lords
who
ought
to
defend
the
Realme
,
and
grieving
to
see
the
oppressions
of
the
people
,
did
at
his
proper
charge
hire
a
thousand
souldiers
and
set
out
a
fleete
,
to
take
the
said
Mercers
ships
,
with
the
goods
he
had
gotten
by
Pyracie
,
and
defend
the
Realme
of
England
from
such
incursions
:
who
in
a
short
time
tooke
M●rcer
prisoner
,
with
15.
Spanish
ships
,
and
all
the
Booties
he
had
gained
from
the
English
:
whereat
all
the
people
rejoyced
exceedingly
,
commending
and
extolling
Philpot
for
the
great
love
he
shewed
to
his
Countrey
,
and
casting
out
some
reproachfull
words
against
the
Nobles
and
Kings
councell
who
had
the
rule
of
the
kingdome
and
neglected
its
defence
:
Whereupon
the
Nobility
,
Earles
and
Barons
of
the
Realme
,
conscious
of
this
their
negligence
,
and
envying
Philpo●
for
this
his
Noble
praise-worthy
action
,
began
not
onely
secretly
to
lay
snares
for
him
,
but
openly
to
reproach
him
,
saying
:
That
it
was
not
lawfull
for
him
to
doe
such
things
without
the
advise
or
councell
of
the
King
and
Kingdome
:
quasi
non
licuisset
benefacere
Regi
VELREGNO
sine
consilio
Comitum
&
Baronum
:
(
Writes
Walsingham
)
as
if
it
were
not
lawfull
to
doe
good
to
the
King
or
Kingdome
,
without
the
advise
of
the
Earles
and
Barrons
,
or
Lords
of
the
Privie
Councell
.
To
whom
objecting
these
things
,
and
especially
to
Hugh
Earle
of
Stafford
,
who
was
the
chiefe
Prolocutor
and
spake
most
against
it
,
Iohn
Philpot
gave
this
answere
:
Know
for
certaine
,
that
I
have
destinated
my
money
,
ships
,
and
men
to
sea
to
this
end
,
not
that
I
might
deprive
you
of
the
good
name
and
honour
of
your
Militia
,
or
warlike
actions
,
and
engrosse
it
to
my selfe
,
but
pittying
the
misery
of
my
Nation
and
Country
,
which
now
by
your
sloathfulnesse
,
of
a
most
Noble
kingdome
,
and
Lady
of
Nations
,
is
devolved
into
so
great
misery
,
that
it
lyeth
open
to
the
pillage
of
every
one
of
the
vilest
Nations
,
seeing
there
is
none
of
you
,
who
will
put
your
hand
to
its
defence
.
I
have
exposed
me
and
mine
therefore
for
the
Salvation
of
my
proper
Nation
,
and
frteing
of
my
Country
.
To
which
the
Earle
and
others
had
not
a
word
to
reply
.
From
this
memorable
history
and
discourse
(
which
I
have
translated
verbatim
out
of
Walsingham
,
)
I
conceive
it
most
evident
,
that
in
the
default
of
king
and
Nobles
,
it
is
lawfull
for
the
Commons
and
every
particular
subject
without
any
Commission
from
the
king
or
his
Councell
,
in
times
of
iminent
danger
,
to
take
up
Armes
and
raise
Forces
by
Sea
or
Land
to
defend
the
king
and
his
Native
Country
against
invading
enemies
;
as
Philpot
did
,
without
offence
or
crime
.
Then
much
more
may
the
Houses
of
Parliament
,
the
representative
body
of
the
whole
kingdome
,
and
all
private
Subjects
by
their
Command
,
take
up
necessary
defensive
Armes
against
the
kings
Popish
and
Malignant
Forces
to
preserve
the
king
,
Kingdome
,
Parliament
,
People
from
spoyle
,
and
ruine
.
In
[
c
](A91298-e14040-b)
c
Walsia
.
hist.
Angl
p.
341.
the
8.
yeare
of
King
Richard
the
2d.
there
arose
a
great
difference
betweene
the
Duke
of
Lancaster
,
&
the
king
&
his
young
complices
,
who
conspired
the
Dukes
death
;
agreeing
sodainely
to
arrest
and
arraigne
him
before
Robert
Trisilian
Chiefe
Iustice
,
who
boldly
promised
to
passe
sentence
against
him
,
according
to
the
quality
of
the
crimes
objected
to
him
.
Vpon
this
the
Duke
having
private
intelligence
of
their
treachery
,
to
provide
for
his
owne
safety
,
wisely
withdrew
himselfe
,
and
posted
to
his
Castle
at
Ponfract
,
storing
it
with
Armes
and
Victualls
.
Hereupon
not
onely
a
private
but
publicke
discord
was
like
to
ensue
;
but
by
the
great
mediation
and
paines
of
Ione
the
kings
mother
,
an
accord
and
peace
was
made
betweene
them
:
and
this
defence
of
the
Duke
by
fortifying
his
Castle
with
Armes
against
the
King
and
his
ill
instruments
for
his
owne
just
preservation
,
held
no
crime
.
If
such
a
defence
then
were
held
just
and
lawfull
in
one
particular
Subject
and
Peere
of
the
land
onely
,
much
more
must
it
be
so
in
both
Houses
of
Parliament
,
and
the
Kingdome
,
in
case
the
Kings
Forces
invade
them
.
In
the
[
e
](A91298-e14120-b)
e
Walsing.
Hist.
Ang.
p.
358
,
to
367.
Polyc.
Fab.
Speed
,
Gra●t
.
Hoti●
.
Howes
,
Trassel
.
in
10.
&
11
R.
2.
11
R
2●●
.
1.
●07
.
10th
yeare
of
King
Richard
the
second
this
unconstant
king
being
instigated
by
Michael
de
la
Pole
,
Robert
V●ere
Duke
of
Ireland
,
Alexander
Nevill
ARchbishop
of
Yorke
.
Robert
Trysilian
.
and
other
ill
Councellors
and
Traytors
to
the
kingdome
,
endeavoured
to
seize
upon
the
Duke
of
Glocester
,
the
Earles
of
Arundell
,
Warwicke
,
Derby
,
Notingham
,
and
others
who
were
faithfull
to
the
kingdome
,
and
to
put
them
to
death
,
having
caused
them
first
to
be
indighted
of
High
Treason
at
Nottingham
Castle
,
and
hired
many
Souldiers
to
surprise
them
:
Hereupon
these
Lords
for
their
owne
just
defence
,
raised
Forces
and
met
at
Harynggye
Parke
with
a
numerous
Army
:
whereat
the
King
being
much
perplexed
,
advised
what
was
best
for
him
to
do
.
The
Archbishop
of
Yorke
and
others
of
his
ill
Councell
,
advised
him
to
gee
forth
and
give
them
battle
;
but
his
wisest
councellors
disswaded
him
,
affirming
,
that
the
King
should
gaine
no
benefit
if
hee
vanquished
them
and
should
sustaine
great
dishonour
and
losse
if
he
were
conquered
by
them
.
In
the
meane
time
Hugh
Linne
an
old
Souldier
,
who
had
lost
his
senses
,
and
was
reputed
a
foole
,
comming
in
to
the
Councell
,
the
King
demanded
of
him
in
jest
,
what
hee
should
doe
against
the
Nobles
met
together
in
the
said
Parke
?
who
answered
;
Let
us
goe
forth
and
assault
them
,
and
slay
every
mothers
sonne
of
them
,
and
by
the
eyes
of
God
,
this
being
finished
,
THOU
HAST
SLAINE
ALL
THE
FAITHFVLL
FRIENDS
THOU
HAST
IN
THE
KINGDOME
.
Which
answere
,
though
uttered
foolishly
;
yet
wise
men
did
most
of
all
consider
.
At
last
is
was
resolved
by
the
mediators
of
Peace
,
that
the
Lords
should
meete
the
King
at
Westminster
,
and
there
receive
an
answere
to
the
things
for
which
they
tooke
Armes
;
thither
they
came
strongly
Armed
with
a
great
guard
,
for
feare
of
ambuscadoes
to
intrap
them
:
where
the
Chauncellour
in
the
Kings
name
spake
thus
to
them
.
My
Lords
,
our
Lord
the
King
hearing
that
you
were
lately
assembled
at
Harenggye
Parke
in
an
unusuall
manner
;
would
not
rush
upon
you
as
he
might
have
easily
done
,
had
he
not
had
care
of
you
,
and
those
who
were
with
you
:
because
no
man
can
doubt
,
if
he
had
raised
an
Army
,
he
would
have
had
many
more
men
than
you
,
and
p●rchance
much
blood
of
men
had
beene
spilt
,
which
the
King
doth
most
of
all
abhorre
,
and
therefore
assuming
to
himselfe
patience
and
mildnesse
,
he
hath
made
choyce
to
convent
you
peceably
,
and
to
tell
him
the
reason
why
yoy
have
ass●mbled
so
many
men
.
To
which
the
Lords
answered
,
That
THEY
HAD
MET
TOGETHER
FOR
THE
GOOD
OF
THE
KING
AND
KINGDOME
;
AND
THAT
THEY
MIGHT
PVLL
AWAY
THOSE
TRAITORS
FROM
HIM
,
WHICH
HE
CONTINVALLY
DETAINED
WITH
HIM
.
The
Traytors
they
appealed
were
the
foresaid
ill
Councellors
,
and
Nicholas
Brambre
the
false
London
Knight
:
and
to
prove
this
appeale
of
them
true
,
casting
down
their
gloves
they
said
they
would
prosecute
it
by
Duell
:
The
King
answered
;
This
shall
not
be
done
now
,
but
in
the
next
Parliament
,
with
we
appoint
to
be
the
morrow
after
the
Purification
of
the
blessed
Virgin
,
to
which
as
well
you
as
they
comming
,
shall
receive
satisfaction
in
all
things
according
to
Law
.
The
Lords
for
their
owne
safety
kept
together
till
the
Parliament
,
and
in
the
meane
timed
seated
the
Forces
of
the
Duke
of
Ireland
,
raised
privately
by
the
Kings
Command
to
surprise
them
.
The
Parliament
comming
on
the
11.
yeare
of
Richard
the
second
:
these
ill
councellors
were
therein
,
by
speciall
Acts
attainted
,
condemned
of
High
Treason
,
and
some
of
them
executed
;
and
these
defensive
Armes
of
the
Lords
,
for
their
owne
and
the
Kingdomes
safety
,
adjudged
and
declared
to
be
no
Treason
:
but
a
thing
done
to
the
honour
of
God
and
Salvation
of
the
King
and
his
Realme
:
witnesse
the
expresse
words
of
the
Printed
Act
of
11
R.
2.
c.
1.
which
I
shall
transcribe
.
Our
Soveraigne
Lord
the
King
amongst
other
Petitions
and
requests
to
him
made
by
the
Commons
of
his
said
Realme
in
the
said
Parliament
,
hath
received
one
Petition
in
the
forme
following
.
The
Commons
prayed
,
that
whereas
the
last
Parliament
for
cause
of
the
great
and
horrible
mischiefes
and
perills
which
another
time
were
fallen
BY
EVILL
GOVERNANCE
WHICH
WAS
ABOVT
THE
KINGS
PERSON
,
by
all
his
time
before
by
Alexander
late
Archbishop
of
Yorke
,
Robert
de
Veere
late
Duke
of
Ireland
,
Michael
de
la
Pole
late
Earle
of
Suffolk
,
Rober
:
Trisilian
late
Iustice
,
and
Nicholas
Brambre
Knight
,
with
other
their
adherents
,
and
others
,
Whereby
the
King
and
all
his
Realme
,
were
very
nigh●
to
have
beene
wholly
undone
and
destroyed
;
and
for
this
cause
,
and
to
eschew
such
perils
and
mischiefes
for
the
time
to
come
,
a
certaine
statute
was
made
in
the
same
Parliament
,
with
a
Commission
to
diverse
Lords
,
for
the
weale
,
honour
and
safeguard
of
the
King
,
his
regalty
and
of
all
the
Realme
,
the
tenour
of
which
Commission
hereafter
followeth
:
Richard
,
&c.
as
in
the
Act.
And
thereupon
the
said
Alexander
,
Robert
,
Mighill
,
Robert
,
and
Nicholas
and
their
said
adherents
,
seeing
that
their
said
evill
governance
should
be
perceived
,
and
they
by
the
same
cause
more
likely
to
be
punished
by
good
justice
to
be
done
,
and
also
their
evill
deedes
and
purposes
before
used
to
be
disturbed
by
the
sayd
Lords
assigned
by
commission
as
afore
;
made
,
conspired
,
&
purposed
divers
horrible
Treasons
,
and
evils
against
the
King
,
and
the
said
Lords
so
assigned
,
and
against
all
the
other
Lords
and
Commons
,
which
were
assenting
to
the
making
of
the
said
Ordinance
and
Commission
,
in
destruction
of
the
king
,
his
Regalty
,
and
all
his
Realme
.
Whereupon
Thomas
Duke
of
Glocester
the
kings
Vncle
,
Richard
Earle
of
Arundle
,
and
Thomas
Earle
of
Warwicke
,
perceiving
the
evill
purpose
of
the
sayd
Traytors
,
did
assemble
themselves
in
forcible
manner
for
the
safety
of
their
persons
to
shew
and
declare
the
said
Treasons
and
evill
purposes
,
and
thereof
to
set
remedie
;
as
God
would
,
and
came
to
the
Kings
presence
,
affirming
against
the
said
5.
Traytors
appealed
of
High
Treason
,
by
them
done
to
the
King
,
and
to
his
Realme
:
upon
which
appeale
the
king
our
Soveraigne
Lord
,
adjourned
the
said
parties
till
this
present
Parliament
,
and
did
take
them
into
his
safe
protection
,
as
in
the
record
made
upon
the
same
appeale
fully
appeareth
.
And
afterwards
in
great
Rebellion
,
and
against
the
said
protection
,
the
said
Traytors
,
with
their
said
adherents
and
others
aforesaid
,
continuing
their
evill
purpose
,
some
of
them
assembled
a
great
power
(
by
letters
and
Commission
from
the
King
himselfe
,
as
Walsingham
and
others
write
)
to
have
destroyed
the
said
Duke
and
Earles
appellants
,
and
other
the
kings
lawfull
leige
people
,
and
to
accomplish
their
Treasons
and
evill
purposes
aforesaid
.
Whereupon
the
said
Duke
of
Glocester
,
Henry
Earle
of
Darby
,
the
sayd
Earles
of
Arundell
and
Warwicke
,
and
Thomas
Earle
Marshall
,
seeing
the
open
Destruction
of
the
King
and
all
his
Realme
,
if
the
said
evill
purposed
Traitors
and
their
adherents
,
were
not
disturbed
,
which
might
not
otherwise
have
beene
done
,
but
with
strong
hand
;
for
the
weale
and
safeguard
of
the
King
our
Soveraigne
Lord
,
and
of
all
his
Realme
,
did
assemble
them
forcibly
,
and
rove
and
pursued
till
they
had
disturbed
the
said
power
gathered
by
the
said
Traytors
,
and
their
adherents
aforesaid
,
which
five
Traytors
be
attainted
this
present
Parliament
of
the
Treasons
and
evills
aforesaid
,
at
the
suite
and
appeale
of
the
said
Duke
of
Glocester
,
Earles
of
Darby
,
Arundle
,
Warwicke
,
and
Marshall
.
That
it
would
please
our
redoubled
Soveraigne
Lord
the
King
to
accept
,
approve
,
and
affirme
,
in
this
present
Parliament
,
all
that
was
done
in
the
last
as
afore
,
and
as
much
as
hath
beene
done
since
the
last
Parliament
by
force
of
the
statute
,
Ordinance
,
or
Commission
aforesaid
;
and
also
All
that
the
said
Duke
of
Glocester
Earles
of
Arundell
and
W●rwicke
did
;
and
that
the
same
Duke
and
Earles
,
and
the
said
Earles
of
Derby
,
and
Marshall
or
any
of
them
did
,
Or
any
other
of
their
company
or
of
their
ayde
,
or
of
their
adherents
,
or
of
any
of
them
,
or
touching
the
Assemblies
,
Ridings
,
Appeales
,
and
Pursuites
aforesaid
,
*
As
a
thing
made
to
the
Honour
of
God
,
Salvation
of
the
King
,
maintenance
of
his
Crowne
,
and
also
of
the
Salvation
of
all
his
Realme
(
therefore
doubtlesse
no
Treason
Rebellion
,
nor
any
offence
in
point
of
Law
:
)
and
also
to
Ordaine
and
Stablish
,
that
the
said
Duke
of
Glocester
,
Earles
of
Darby
,
Arundell
,
Warwicke
and
Marshall
,
nor
none
of
them
,
nor
none
of
such
as
have
beene
of
their
returne
,
or
company
,
force
,
ayde
or
councell
,
or
any
of
them
in
the
things
aforesaid
,
nor
none
other
person
for
any
thing
aforesaid
shall
be
impeached
,
molested
,
or
grieved
at
the
suite
of
the
king
,
nor
of
the
party
,
nor
in
other
manner
,
because
of
any
assembly
,
riding
,
beating
,
levying
of
Penons
,
or
of
Banners
,
discomfiture
,
death
of
a
man
,
imprisonment
of
any
person
,
taking
,
leading
away
,
or
detinue
of
any
horses
or
of
any
other
beasts
,
taking
or
carriage
of
goods
,
harnesse
,
armour
,
cattle
,
and
other
●ovable
goods
,
breaking
of
houses
,
or
of
other
possessions
or
goods
,
assault
,
battery
,
robberies
,
thefts
,
comming
or
tarrying
with
force
and
armes
,
or
armed
in
the
Kings
presence
at
the
Parliament
,
or
Councell
,
or
else
where
.
Raysing
of
people
,
or
exciting
the
people
to
rise
forcibly
against
the
peace
by
letters
,
commissions
,
or
any
other
deeds
,
or
of
any
other
thing
that
may
be
furni●hed
by
them
,
or
any
of
them
,
or
ought
or
purposed
to
have
beene
done
from
the
beginning
of
the
world
,
touching
any
of
the
said
matters
before
the
end
of
this
present
Parliament
by
any
imagination
,
interpretation
,
or
other
colour
,
but
shall
bee
quit
and
discharged
for
ever
:
except
that
the
King
be
answered
of
all
the
goods
,
and
cattels
that
were
to
them
which
be
attainted
in
this
present
Parliament
,
or
to
any
of
them
,
and
which
goods
and
things
were
taken
by
any
person
the
first
day
of
January
last
past
,
or
after
hitherto
.
We
considering
the
matter
of
the
said
Petition
to
be
true
,
and
the
request
of
the
said
Commons
in
this
party
[
*
](A91298-e14800-b)
*
Nota.
to
be
to
the
honour
of
God
,
and
the
profit
of
us
and
our
Realme
,
of
the
assent
of
the
Prelates
,
Dukes
,
Earles
,
Barrons
and
all
others
of
this
present
Parliament
,
doe
garnt
the
requests
of
the
said
Commons
in
all
points
,
after
the
forme
of
the
said
Petition
.
And
moreover
of
the
assent
aforesayd
,
we
will
and
grant
for
the
greater
quietnesse
of
our
said
Realme
,
though
that
the
said
Duke
or
Earles
appellants
,
or
any
other
of
their
company
,
retinue
,
force
,
ayde
,
councell
or
adherents
,
or
any
of
them
have
taken
,
led
away
,
or
withholden
any
of
our
Iusticers
,
or
any
other
of
our
ministers
,
in
disturbance
of
execution
of
the
Law
of
our
Realme
of
England
,
or
in
other
manner
,
or
that
they
have
taken
any
manner
of
person
as
Traitors
to
Us
or
to
our
Realme
,
or
other
person
,
and
the
same
have
voluntarily
suffered
to
goe
at
large
,
or
escape
beyond
the
sea
from
the
14
th
day
of
Novemb.
last
past
,
till
the
end
of
this
present
Parliament
;
that
they
nor
any
of
them
be
for
this
cause
impeached
,
molested
,
nor
grieved
any
manner
of
way
at
the
suite
of
us
,
our
heires
,
nor
none
other
party
,
but
thereof
they
shall
be
quit
,
and
discharged
for
ever
;
nor
that
they
nor
any
of
them
be
in
any
wise
molested
,
grieved
,
nor
impeached
at
the
suite
of
us
,
our
heires
,
or
other
party
for
any
thing
done
at
any
time
for
to
attaine
to
their
purpose
against
the
said
appealers
or
any
of
them
,
or
against
any
other
person
for
this
cause
,
nor
for
any
other
thing
or
deed
to
affirme
the
same
purposes
,
till
the
end
of
this
present
Parliament
,
but
thereof
shall
be
acquitted
.
This
Act
with
others
made
the
same
Parliament
continued
inviolable
without
dispute
for
10
yeers
space
,
during
which
there
were
8.
more
Parliaments
held
which
approved
it
:
but
in
21
R.
2.
the
King
having
[
f
](A91298-e14910-b)
f
See
Walsingh
,
Hol●sh
.
Graft
.
Speed
,
Sto●
,
Tussell
,
in
21.
R
2
&
21
R
c.
16
:
17
●8
.
19
But
especially
ca.
20
will
manifest
the
unjustnesse
of
this
unlawful
packed
conventicle
if
I
may
so
call
it
.
violently
seised
upon
the
Duke
of
Glocester
&
the
Earles
of
Warwicke
and
Arundell
,
and
packed
a
Parliament
to
his
minde
,
by
not
summoning
any
Lords
thereto
but
those
o●
his
party
,
by
causing
divers
Knights
and
Burgesses
of
his
own
nomination
,
never
chosen
by
the
people
,
to
be
returned
in
divers
places
,
and
overawing
the
rest
with
a
guard
or
4000.
Cheshire
Archers
,
caused
these
Lords
to
be
illegally
attainted
of
Treason
upon
fained
pretences
,
out
of
this
old
grudge
,
and
the
Acts
of
this
Parliament
to
be
reversed
;
yet
not
this
Act
,
as
I
conceive
,
which
is
part
of
it
,
being
specially
saved
by
21.
R.
2.
c.
13.
But
however
by
the
statute
of
1
H.
4.
c.
3.
4.
the
Parliament
of
21.
was
wholly
repealed
,
reversed
,
revoked
,
voyded
,
undone
and
anulled
for
ever
,
with
all
the
Acts
,
circumstances
,
and
dependants
thereof
:
and
this
Parliament
of
11.
R.
2.
Enacted
to
be
firmely
holden
and
kept
after
the
purport
and
effect
of
the
same
;
as
a
thing
made
for
the
great
Honour
and
common
profit
of
the
Realme
,
and
ch.
5.
It
is
ordained
and
assented
,
that
the
Lords
and
other
which
were
forejudged
in
the
Parliament
holden
the
said
21.
yeare
,
or
by
Authority
of
the
same
,
which
now
be
in
life
,
and
the
heires
of
the
Lords
and
others
that
be
dead
,
shall
be
wholly
restitute
and
restored
to
their
names
,
all
manner
of
inheritaments
and
possessions
,
reversions
,
fees
,
reversions
,
offices
,
liberties
,
and
franchises
as
intirely
as
the
said
Lords
and
others
which
be
in
life
,
or
the
Lords
and
other
which
be
dead
,
ancestors
of
the
heires
,
or
the
feoffees
of
the
said
Lords
or
other
aforesaid
,
or
other
feoffees
to
their
use
,
were
at
the
time
of
the
judgement
given
against
them
,
the
said
21
yeare
,
by
entrie
,
without
other
suite
thereof
to
be
made
,
or
livery
to
be
had
of
the
same
.
And
all
the
goods
and
chattels
which
were
the
said
Lords
,
or
the
other
persons
aforesaid
,
so
forejudged
,
whereof
the
king
is
not
answered
,
and
be
in
the
hands
of
the
Sheriffes
,
Escheators
,
or
other
Officers
,
Ministers
,
or
any
other
and
concealed
by
them
,
the
king
wills
and
granteth
,
that
the
same
Lords
and
other
which
now
be
in
life
,
and
the
Executors
,
and
administrators
of
them
that
be
dead
;
shall
have
thereof
delivery
and
restitution
;
and
that
the
Sheriffes
,
Escheators
,
Officers
and
Ministers
so
occupying
the
said
goods
and
chattels
by
such
concealment
,
bee
punished
for
the
same
concealement
.
So
that
by
the
expresse
resolution
of
these
two
severall
Parliaments
,
these
Lords
and
Commons
taking
up
defensive
Armes
and
making
war
against
those
wicked
Councellours
of
this
King
which
sought
their
ruine
,
and
endeavoured
the
destruction
of
the
Realme
(
though
they
had
the
kings
presence
and
commissions
to
countenance
all
their
actions
and
proceedings
of
this
nature
,
and
the
Lords
wanted
the
Ordinances
of
both
houses
to
authorize
this
their
arming
,
and
war
)
was
solemnely
declared
and
adjudged
,
to
be
no
Treason
nor
Rebellion
at
all
,
nor
levying
of
warre
against
the
king
,
within
the
statute
of
25.
E.
3.
but
contrarywise
;
a
thing
done
to
the
honour
of
God
,
the
Salvation
of
the
King
,
(
for
if
the
Kingdome
perish
or
miscarry
,
the
king
as
king
must
needs
perish
with
it
)
the
maintenance
of
his
Crowne
,
(
supported
onely
by
the
maintenance
of
the
kingdomes
welfare
)
and
the
Salvation
and
common
profit
of
all
the
Realm
:
and
this
being
one
of
the
first
solemne
judgements
(
if
not
the
very
first
)
given
in
Parliament
after
the
making
of
the
statute
of
25
E.
3.
which
hath
relation
to
its
clause
of
levying
war
,
must
certainely
be
the
best
exposition
of
that
Law
:
which
the
Parliament
onely
ought
to
interpret
,
as
is
evident
by
the
statute
of
21.
R.
2.
c.
3.
(
It
is
ordained
and
stablished
,
that
every
man
which
,
&c.
or
he
that
raiseth
the
people
and
riseth
against
the
King
to
make
warre
within
his
Realme
;
and
of
that
be
duly
attainted
and
judged
in
the
Parliament
shall
be
judged
as
a
Traytor
of
High
Treason
against
the
Crowne
,
)
and
other
forecited
Acts
:
and
if
this
were
no
Treason
,
nor
Rebellion
,
nor
Trespasse
in
the
Barons
against
the
king
or
kingdome
;
but
a
warre
for
the
honour
of
God
,
the
salvation
of
the
king
,
the
maintenance
of
his
Crowne
,
the
safety
and
common
profit
of
all
the
Realme
;
much
more
must
our
Parliaments
present
defensive
warre
against
his
Majesties
ill
Councellors
,
Papists
,
Malignants
,
Delinquents
,
and
men
of
desperate
fortunes
,
risen
up
in
Armes
against
the
Parliament
,
Lawes
,
Religion
,
Liberties
,
the
whole
Kingdomes
peace
and
welfare
,
be
so
too
;
being
backed
with
the
very
same
,
and
farre
better
,
greater
authority
,
and
more
publike
reasons
then
their
warre
was
,
in
which
the
safety
of
Religion
was
no
great
ingredient
,
nor
the
preservation
of
a
Parliament
from
a
forced
dissolution
,
though
established
and
perpetuated
by
a
publike
Law
.
King
Henry
the
4th
,
taking
up
Armes
against
King
Richard
,
and
causing
him
to
be
Articled
against
,
and
judicially
deposed
in
and
by
Parliament
for
his
Male-administration
;
It
was
Enacted
by
the
Statute
of
1.
Hen
4.
cap.
2.
That
no
Lord
Spirituall
nor
Temporall
,
nor
other
,
of
what
estate
or
condition
that
he
be
,
which
came
with
King
Henry
into
the
Realme
of
England
,
nor
none
other
persons
whatsoever
they
be
,
then
dwelling
within
the
same
Realme
,
and
which
came
to
this
King
in
aide
of
him
,
to
pursue
them
which
were
against
the
Kings
good
intent
,
and
the
COMMON
PROFIT
OF
THE
REALME
,
in
which
pursuit
Richard
late
King
of
England
,
the
second
after
the
Conquest
,
was
pursued
taken
and
put
in
Ward
,
and
yet
remaineth
in
Ward
,
be
impeached
,
grieved
,
nor
vexed
in
person
,
nor
in
goods
,
in
the
Kings
Court
,
nor
in
none
other
Court
,
for
the
pursuites
of
the
said
King
,
taking
and
with-holding
of
his
body
,
nor
for
the
pursuits
of
any
other
,
taking
of
persons
and
cattells
,
or
of
the
death
of
a
man
,
or
any
other
thing
done
in
the
said
pursuite
,
from
the
day
of
the
said
King
that
now
is
arived
,
till
the
day
of
the
Coronation
of
Our
said
Soveraigne
Lord
Henry
.
And
the
intent
of
the
King
is
not
,
that
offendors
which
committed
Trespasses
,
or
other
offences
out
of
the
said
pursuits
,
without
speciall
warrant
,
should
be
ayded
,
nor
have
any
advantage
of
this
Statute
,
but
that
they
be
thereof
answerable
at
the
Law
.
If
those
then
who
in
this
offensive
Warre
assisted
Henry
the
4th.
to
apprehend
,
and
depose
this
persidious
,
oppressing
tyrannicall
king
,
seduced
by
evill
Counsellors
and
his
owne
innate
dis-affection
to
his
naturall
people
,
deserved
such
an
immunity
of
persons
and
goods
,
from
all
kinds
of
penalties
,
because
though
it
tended
to
this
ill
kings
deposition
,
yet
in
their
intentions
it
was
really
for
the
common
profit
of
the
Realme
,
as
this
Act
defines
it
.
No
doubt
this
present
defensive
Warre
alone
against
Papists
,
Delinquents
,
and
evill
Counsellors
,
(
who
have
miserably
wasted
,
spoiled
,
sacked
many
places
of
the
Realme
,
and
fired
others
in
a
most
barbarous
maner
,
[
*
](A91298-e15280-b)
*
See
Albaricus
Gentiles
de
Jure
Be●li
lib.
2
cap.
18.
20.
21.
22.
23
contrary
to
the
Law
of
Armes
and
Nations
,
and
labour
to
subvert
Religion
,
Laws
,
Liberties
,
Parliaments
,
and
make
the
Realm
a
common
Prey
)
without
any
ill
intention
against
his
Majesties
Person
,
or
lawfull
Royall
Authority
,
deserves
a
greater
immunity
;
and
can
in
no
reasonable
mans
judgement
,
be
interpreted
any
Treason
,
or
Rebellion
against
the
king
,
or
his
Crowne
,
in
Law
or
Conscience
.
In
[
g
](A91298-e15300-b)
g
Grofton
,
p.
625.
626
627
628.
Hall
.
32.
&
33.
H
6.
f.
167.
168.
Holinshead
,
Stow
,
Speed
,
Fabian
.
the
33.
yeare
of
king
Henry
the
6th
.
(
a
weake
Prince
wholly
guided
by
the
Queene
and
Duke
of
Somerset
,
who
ruled
all
things
at
their
wills
,
under
whose
Government
,
the
greatest
part
of
France
was
lost
;
)
all
things
went
to
ruine
both
abroad
and
at
home
;
and
the
Queene
(
much
against
the
Lords
and
Peoples
mindes
)
preferring
the
Duke
of
Sommerset
to
the
Captain
ship
of
Calice
,
the
Commons
and
Nobility
were
greatly
offended
thereat
,
saying
,
That
he
had
lost
Normandy
,
and
so
would
he
do●
Calice
.
Hereupon
the
Duke
of
Yorke
,
the
Earles
of
Warwicke
and
Salisbury
,
with
other
their
adherents
,
raised
an
Army
in
the
Marches
of
Wales
,
and
Marched
with
it
towards
London
,
to
suppresse
the
Duke
of
Sommerset
with
his
Faction
,
and
reforme
the
Governement
.
The
king
being
credibly
informed
hereof
,
assembled
his
Host
,
and
marching
towards
the
Duke
of
Yorke
and
his
Forces
,
was
encountred
by
them
at
Saint
Albanes
,
notwithstanding
the
kings
Proclamation
to
keepe
the
Peace
;
where
in
a
set
Battell
,
the
Duke
of
Somerset
,
with
divers
Earles
,
and
800.
others
were
slaine
on
the
kings
part
,
by
the
Duke
of
Yorke
,
and
his
companions
,
and
the
king●●
a
manner
defeate
.
The
Duke
after
this
Victory
obtained
,
remembring
that
he
had
oftentimes
declared
and
published
abroad
;
The
onely
cause
of
this
War
to
be
,
THE
ADVANCEMENT
OF
THE
PUBLIKE
WEALE
,
and
TO
SET
THE
REALME
IN
A
MORE
COMMODIOVS
STATE
and
BETTER
CONDITION
;
Vsing
all
lenity
,
mercy
,
and
bounteousnesse
,
would
not
once
touch
or
apprehend
the
body
of
King
Henry
,
whom
he
might
have
slaine
,
and
utterly
destroyed
,
considering
that
hee
had
him
in
his
Ward
,
and
Governance
;
but
with
great
honour
and
due
reverence
,
conveyed
him
to
London
;
and
so
to
Westminster
:
where
a
Parliament
being
summoned
and
assembled
soone
after
;
It
was
therein
Enacted
,
That
no
person
should
either
judge
or
report
any
point
of
untruth
of
the
Duke
of
Yorke
,
the
Earles
of
Salisbury
and
Warwicke
,
For
comming
in
Warlike
manner
against
the
King
at
Saint
Albanes
.
Considering
that
their
attempt
and
enterprise
,
Was
onely
to
see
the
Kings
Person
in
Safeguard
and
Sure-keeping
,
and
to
put
and
Alien
from
Him
the
publike
Oppressors
of
the
Common
wealth
;
by
whose
misgovernance
,
his
life
might
be
in
hazard
,
and
his
Authority
hang
on
a
very
small
Thred
.
After
this
,
the
[
h
](A91298-e15620-b)
h
Hall
,
Grift●
Fabian
,
Caxton
,
Holinshed
Stow
,
Speed
,
Anno
37.
38.
&
39.
R
6.
Duke
,
and
these
Earles
raised
another
Army
,
for
like
purpose
,
and
their
owne
defence
in
the
37
and
38
yeares
of
H.
6.
for
which
they
were
afterwards
,
by
a
packed
Parliament
at
Coventree
,
by
their
Enemies
procurement
,
Attainted
of
high
Treason
,
and
their
Lands
and
Goods
confiscated
.
But
in
the
Parliament
of
39.
H.
6.
cap.
1.
The
said
attainder
,
Parliament
,
with
all
Acts
and
Statutes
therein
made
,
were
wholly
Reversed
Repealed
,
annulled
;
as
being
made
●y
the
excitation
and
procurement
of
seditious
ill
disposed
Persons
for
the
accomplishment
of
their
owne
Rancor
and
Covetousnesse
,
that
they
might
injoy
the
Lands
,
Offices
.
Possessions
,
and
Goods
of
the
lawfull
●ords
and
liege
People
of
the
King
;
and
that
they
might
finally
destroy
the
laid
lawfull
Lords
,
and
Liege
People
,
and
their
Issues
and
Heires
for
ever
(
as
now
the
Kings
ill
Counsellors
,
and
hungry
Cavalleers
seek
to
destroy
the
Kings
faithfull
Liege
Lords
and
People
,
that
they
may
gaine
their
Lands
and
Estates
;
witnesse
the
late
intercepted
Le●ter
of
Sir
Iohn
Brooks
,
giving
advise
to
thus
purpose
to
his
Majestie
:
)
and
this
Assembl●
was
declared
;
to
be
no
lawful
Parliament
,
but
a
devillish
Counsell
,
which
desired
more
the
destruction
then
advancement
of
the
Publike
weale
;
and
the
Duke
,
Earles
,
with
their
assistants
were
restored
,
and
declared
to
be
Faithful
and
Lawful
Lords
,
and
Faithful
liege
People
of
the
Realme
of
England
,
who
alwaies
had
great
and
Fathfull
Love
to
the
Preferrement
and
Surety
of
the
Kings
Person
,
according
to
their
Duty
.
If
then
these
two
Parliaments
acquitted
these
Lords
and
their
companions
,
thus
taking
up
Armes
,
from
any
the
least
guilt
of
Treason
and
rebellion
against
the
King
,
because
they
did
it
onely
for
the
advancement
of
the
publike
weale
,
the
setting
the
Realme
in
a
better
condition
the
removing
ill
Counsellors
,
and
publike
oppressors
of
the
Realme
from
about
the
King
,
and
to
rescue
his
person
out
of
their
hands
:
then
questionlesse
by
their
resolutions
,
our
present
Parliaments
taking
up
defensive
armes
,
upon
the
selfe-same
grounds
,
and
other
important
causes
(
and
that
by
consent
of
both
Houses
,
which
they
wanted
)
can
be
reputed
no
high
Treason
nor
Rebellion
against
the
King
in
point
of
Law
;
and
no
just
,
no
rationall
Iudge
or
Lawyer
can
justly
averre
the
contrary
,
against
so
many
forecited
resolutions
in
Parliament
,
even
in
printed
Acts.
The
[
i
](A91298-e15750-b)
i
Grafton
,
p.
847.
848
Hal.
3.
R.
3.
f.
55.
56.
See
Helished
,
Stew
,
Speed
,
&
Barons
Henry
7.
Earle
of
Richmund
,
afterward
King
Henry
the
seventh
,
taking
up
armes
against
Richard
the
third
,
(
a
lawfull
King
,
defacto
,
being
crowned
by
Parliament
;
but
an
Vsurper
and
bloody
●yrant
in
Verity
;
)
to
recover
his
Inheritance
,
and
Title
to
the
Crowne
,
and
ease
the
Kingdome
of
this
unnaturall
blood-thirsty
Oppressor
,
before
his
fight
at
Boswell
Field
,
used
this
Oration
to
his
Souldiers
,
pertinent
to
our
purpose
.
If
ever
God
gave
victory
to
men
fighting
in
a
just
quarrell
;
or
if
he
ever
aided
such
as
made
warre
for
the
wealth
and
tuition
of
their
owne
naturall
and
nutritive
Countrey
:
or
if
he
ever
succoured
them
which
adventured
their
lives
for
the
reliefe
of
Innocents
,
suppression
of
malefactors
,
and
apparent
Offenders
;
No
doubt
,
my
Fellowes
and
Friends
,
but
he
of
his
bountifull
goodnesse
will
this
day
send
us
triumphant
victory
,
and
a
lucky
revenge
over
our
proud
Enemies
,
and
arrogant
adversaries
;
for
if
you
remember
and
consider
the
very
cause
of
our
just
quarrel
,
you
shall
apparently
perceive
the
same
to
be
true
godly
,
and
vertuous
.
In
the
which
I
doubt
not
but
God
will
rather
ayde
us
,
(
yea
,
and
fight
for
us
)
then
see
us
vanquished
,
and
profligate
by
such
as
neither
feare
him
,
nor
his
Lawes
,
nor
yet
regard
Iustice
and
honesty
.
Our
cause
is
so
just
,
that
no
enterprise
can
be
of
more
vertue
,
both
by
the
Laws
Divine
and
Civill
,
&c.
If
this
cause
be
not
just
,
and
this
quarrell
godly
,
let
God
,
the
giver
of
victory
judge
and
determine
,
&c.
Let
us
therefore
fight
like
invincible
Gyants
,
and
set
on
our
enemies
like
untimorous
Tygers
,
and
banish
all
feare
like
tamping
Lyons
.
March
forth
like
strong
and
robustious
Champions
,
and
begin
the
battaile
like
hardy
Conquerors
;
the
Battell
is
at
hand
,
and
the
Victory
approacheth
,
and
if
wee
shamefully
recule
,
or
cowardly
fly
,
we
and
all
our
sequele
be
destroyed
,
and
dishonoured
for
ever
.
This
is
the
day
of
gaine
,
and
this
is
the
time
of
losse
;
get
this
dayes
victory
,
and
be
Conquerours
;
and
lose
this
dayes
battell
,
and
bee
villaines
.
And
therefore
in
the
name
of
God
,
and
Saint
George
,
let
every
man
couragiously
advance
his
standard
:
They
did
so
,
slew
the
Tyrannicall
Vsurper
,
wonne
the
Field
;
And
in
the
first
Parliament
of
his
Raigne
,
there
was
this
Act
of
indemnity
passed
,
That
all
and
singular
persons
comming
with
him
from
beyond
the
Seas
into
the
Realme
of
England
,
taking
his
party
and
quarrell
,
in
recovering
his
just
Title
and
Right
to
the
Realme
of
England
,
shall
be
utterly
discharged
,
quit
,
and
unpunishable
for
ever
,
by
way
of
action
,
or
otherwise
,
of
or
for
any
murther
,
slaying
of
men
,
or
of
taking
and
disporting
of
goods
,
or
any
other
trespasses
done
by
them
,
or
any
of
them
,
to
any
person
or
persons
of
this
his
Realme
against
his
most
Royall
Person
,
his
Banner
displayed
in
the
said
field
,
and
in
the
day
of
the
said
field
,
&c.
Which
battell
though
it
were
just
,
and
no
Treason
nor
Rebellion
in
point
of
Law
in
those
that
assisted
King
Henry
the
7th.
against
this
Vsurper
;
yet
because
the
killing
of
men
,
and
seising
their
goods
in
the
time
of
Warre
,
is
against
the
very
fundamentall
Lawes
of
the
Realme
,
they
needed
an
Act
of
Parliament
to
discharge
them
from
suits
and
prosecutions
at
the
Law
for
the
same
:
the
true
reason
of
all
the
forecited
Acts
of
this
nature
,
which
make
no
mention
of
pardoning
any
Rebellions
or
Treasons
against
the
King
,
(
for
they
deemed
their
forementioned
taking
up
of
Armes
no
such
offences
)
but
onely
discharge
the
Subjects
from
all
suites
,
actions
,
and
prosecutions
at
Law
for
any
killing
or
slaying
of
men
,
batteries
,
imprisonments
,
robberies
,
and
trespasses
,
in
seising
of
Persons
,
Goods
,
Chattels
.
What
our
Princes
and
State
have
thought
of
the
lawfulnesse
of
necessary
Defensive
sive
Warres
of
Subjects
against
their
oppressing
Kings
and
Princes
,
appeares
by
those
aides
and
succours
which
our
Kings
in
former
ages
have
sent
to
the
French
,
Flemmings
,
Almaines
,
and
others
,
when
their
Kings
and
Princes
have
injuriously
made
Warres
upon
them
,
and
more
especially
,
by
the
publike
ayde
and
assistance
which
our
[
i
](A91298-e15950-b)
i
Speeds
Hist.
p.
1192.
to
1197
1●
.
36.
1237.
Grimston
.
Hist.
of
the
Netherlands
,
l.
to
.
p.
611.
612.
&c.
and
Imperiall
Hist.
p.
730.
to
856.
Queene
Elizabeth
and
King
James
by
the
publike
advise
and
consent
of
the
Realme
,
gave
to
the
Protestants
in
France
,
Germany
,
Bohemia
,
and
the
Netherlands
against
the
King
of
France
,
the
Emperour
,
and
King
of
Spaine
,
who
oppressed
and
made
Warre
upon
them
,
to
deprive
them
of
their
just
Liberties
and
Religion
,
of
which
more
hereafter
.
Certainely
,
had
their
Defensive
Warres
against
their
Soveraigne
Princes
to
preserve
their
Religion
,
Liberties
,
Priviledges
,
beene
deemed
Treason
,
Rebellion
,
in
point
of
Law
;
Queene
Elizabeth
,
King
James
,
and
our
English
State
,
would
never
have
so
much
dishonoured
themselves
,
nor
given
so
ill
an
example
to
the
world
,
to
Patronize
Rebells
or
Traitours
;
or
enter
into
any
solemne
Leagues
and
Covenants
with
them
as
then
they
did
,
which
have
been
frequently
renued
and
continued
to
this
present
.
And
to
descend
to
our
present
times
;
our
King
Charles
himself
hath
not
onely
(
in
shew
at
least
)
openly
aided
the
French
Protestants
at
Ree
and
Rochel
against
their
King
who
warred
on
them
;
the
Germane
Princes
against
the
Emperour
;
the
Hollanders
,
and
Prince
of
Orange
,
(
to
whose
Sonne
hee
hath
married
his
elstest
Daughter
)
against
the
Spaniard
,
and
entred
into
a
solemne
League
with
them
,
(
which
hee
could
not
have
done
in
point
of
Law
,
Iustice
,
Honour
,
Conscience
,
had
they
beene
Rebells
or
Traytors
,
for
standing
on
their
guards
,
and
making
defensive
Warres
onely
for
their
owne
and
their
Religions
preservation
;
)
but
likewise
by
two
severall
publike
[
k
](A91298-e16140-b)
k
See
the
acts
of
Pacification
and
Oblivion
in
both
those
Kingdomes
.
Acts
of
Parliament
,
the
one
in
England
,
the
other
in
Scotland
,
declaring
,
the
Scots
late
taking
up
Armes
against
him
and
his
evill
Counsellors
,
in
defence
of
their
Religion
,
Lawes
,
Priviledges
,
to
be
no
Treason
,
nor
Rebellion
;
and
them
to
bee
his
true
and
loyall
Subjects
(
notwithstanding
all
aspertions
cast
upon
them
by
the
Prelaticall
and
Popish
Party
)
because
they
had
no
ill
or
disloyall
intention
at
all
against
his
Majesties
Person
,
Crowne
,
and
Dignity
,
but
onely
a
care
of
their
owne
preservation
,
and
the
redresse
of
th●se
Enormities
,
Pressures
,
grievances
in
Church
and
State
,
which
threatned
desolation
unto
both
.
If
then
their
seizing
of
the
Kings
Fortes
,
Ammunition
,
Revenues
,
and
raising
an
Army
for
the
foresaid
ends
,
hath
by
his
Majesty
himselfe
,
and
his
two
Parliaments
of
England
and
Scotland
,
beene
resolved
and
declared
to
be
no
Treason
,
no
Rebellion
at
all
against
the
King
;
by
the
very
same
,
(
or
better
reason
,
all
circumstances
duely
pondered
)
our
Parliaments
present
taking
up
Armes
and
making
a
Defensive
Warre
for
the
endes
aforesaid
,
neither
is
,
nor
can
be
adjudged
Treason
or
Rebellion
,
in
point
of
Law
or
Iustice
.
In
fine
,
the
King
himself
in
his
[
l
](A91298-e16240-b)
l
An
exact
Collection
of
all
Remonstrances
,
&c.
p.
329.
331.
Answer
to
the
19.
Propositions
of
both
Houses
,
Iune
3.
1642.
Confesseth
,
and
calleth
God
to
witnesse
:
That
all
the
Rights
of
his
Crowne
are
vested
in
him
for
his
Subjects
sake
:
That
the
Prince
may
not
make
use
of
his
high
and
perpetuall
power
to
the
hurt
of
those
,
for
whose
good
he
hath
it
;
nor
make
use
of
the
name
of
publike
Necessity
,
for
the
gaine
of
his
private
Favourites
and
Followers
,
to
the
detriment
of
his
people
;
That
the
House
of
Commons
may
impeach
those
,
who
for
their
owne
ends
,
though
countenanced
with
any
surreptitiously
gotten
Command
of
the
King
,
have
violated
that
Law
,
which
he
is
bound
(
when
he
knowes
it
)
to
protect
,
and
to
protection
of
which
they
were
bound
to
advise
him
,
at
least
,
Not
to
serve
him
in
the
Contrary
(
let
the
Cavalleers
and
others
consider
this
:
)
and
the
Lords
being
trusted
with
a
Iudiciary
power
,
are
an
excellent
screene
and
banke
betweene
the
King
and
people
,
to
assist
each
against
any
Incroachments
of
the
other
;
and
by
just
Iudgements
to
preserve
that
Law
,
which
ought
to
be
the
Rule
of
every
one
of
the
three
.
Therefore
the
power
Legally
placed
in
both
Houses
,
Being
more
then
sufficient
to
prevent
and
restraine
the
power
of
Tyranny
;
by
his
Majesties
owne
Confession
;
it
must
needs
be
such
a
power
as
may
legally
inable
both
Houses
,
(
when
Armes
are
taken
up
against
them
,
by
the
King
or
any
other
,
to
subvert
Lawes
,
Liberties
,
Religion
,
and
introduce
an
Arbitrary
government
;
)
not
onely
to
make
Lawes
,
Ordinances
,
and
Assessements
,
but
likewise
to
take
up
Armes
to
defend
and
preserve
themselves
,
their
Lawes
,
Liberties
,
religion
,
and
to
prevent
,
restraine
all
forces
raysed
against
them
,
to
set
up
Tyranny
;
else
should
they
want
not
onely
a
more
then
sufficient
,
but
even
a
s●fficient
necessary
power
,
to
prevent
and
restraine
the
power
of
Tyranny
;
which
being
once
in
armes
cannot
bee
restraned
,
and
prevented
,
repulsed
,
with
Petitions
,
Declarations
,
Lawes
,
Ordinances
,
or
any
Paper
Bulwarkes
and
Fortifications
,
or
other
such
probable
or
possible
meanes
within
the
Parliaments
power
,
[
m
](A91298-e16340-b)
m
Alber.
Gentil
.
de
Jure
Belli
,
li.
1.
ca.
13
14.
15.
but
onely
by
Armes
and
Militarie
Forces
,
as
reason
and
experience
in
all
Ages
manifest
.
From
all
which
pregnant
punctuall
domesticke
Authorities
and
resolutions
of
Ancient
,
Moderne
and
present
times
,
I
presume
I
may
infallibly
conclude
;
That
the
Parliaments
present
taking
up
necessary
Defensive
Armes
,
is
neither
,
Treason
,
nor
Rebellion
,
in
iudgement
of
Law
;
but
a
iust
and
lawfull
Act
,
for
the
publicke
benefit
and
preservation
of
King
,
Kingdome
,
Parliament
,
Lawes
,
Liberties
,
Religion
;
and
so
neither
their
Generall
,
Souldiers
,
nor
any
person
whatsoever
imployed
by
them
in
this
War
,
or
contributing
any
thing
towards
its
maintenance
,
are
or
can
be
Legally
indicted
,
prosecuted
,
or
in
any
manner
proceeded
against
as
Traitors
,
Rebels
,
Delinquents
against
the
King
or
Kingdome
;
and
that
all
Proclamations
,
Declarations
,
Indictments
,
or
proceedings
against
them
,
or
any
of
them
,
as
Traitors
,
Rebels
,
or
Delinquents
,
are
utterly
unlawfull
,
iniust
,
and
ought
to
be
reversed
as
meere
Nullities
.
It
would
be
an
infinite
tedious
labour
for
me
to
relate
,
what
Civilians
and
Canonists
have
written
concerning
Warre
,
and
what
Warre
is
just
and
lawfull
,
what
not
:
In
briefe
,
they
all
generally
accord
;
[
n
](A91298-e16400-b)
n
Gratian
causa
23.
qu
1.
2.
3.
and
the
Canonists
in
their
Glesses
on
that
Text.
Summa
Angelica
&
Rosel
.
Til
Ecl
Anto.
Cortes
.
Reper
.
in
Abatem
tit
.
Bellum
;
Iacob
.
Spi●lg
&
10.
Calvin
.
Lexi
.
Iurid
.
Tit.
Bel.
Mar●
Lauden
de
E●●l
.
Tract
.
Alber.
Gent.
de
jure
bell
.
Petrinus
Belli
de
Re
milita
.
&
b●l●o
trast
.
De
Iure
b●lli
B●lg
.
Hugae
,
1●99
.
Hugo
Grot.
de
Iu●e
Belli
et
Pa●is
.
That
no
Warre
may
or
ought
to
be
undertaken
cut
of
covetousnesse
,
lust
,
ambition
,
cruelty
,
malice
,
desire
of
hurt
,
revenge
,
or
for
booty
:
propter
praedam
enim
militare
peccatum
est
;
Whence
Joh
;
Baptist
,
Luke
3.
14.
gave
this
answer
to
the
Souldiers
who
demanded
of
him
,
what
shall
we
doe
?
Doe
violence
to
no
man
:
neither
accuse
any
man
falsly
;
and
be
content
with
your
wages
.
Ne
dum
sumptus
quaeritur
,
praedo
grassetur
.
Which
prooves
the
Warres
of
our
plundring
,
pillaging
Cavalleers
altogether
sinnefull
and
unjust
:
And
that
such
a
Warre
onely
is
just
,
which
is
waged
for
the
good
and
necessary
defence
of
the
Common-wealth
,
by
publike
Edict
or
consent
;
or
to
regaine
some
thing
,
which
is
unjustly
detained
or
taken
away
,
and
cannot
otherwise
be
acquired
:
or
to
repell
or
punish
some
injury
;
or
to
curbe
the
insolency
of
wicked
men
,
or
preserve
good
men
from
their
uniust
oppressions
;
which
Warres
ought
onely
to
be
undertaken
out
of
a
desire
of
Peace
;
as
they
prove
out
of
Augustine
,
Gregory
,
Isidor
Hispalensis
,
and
others
.
In
one
word
,
they
all
accord
;
That
a
necessary
defensive
Warre
to
repulse
an
Injury
,
and
to
preserve
the
State
,
Church
,
Republike
,
Freedomes
,
Lives
,
Chastities
,
Estates
,
Lawes
,
Liberties
,
Religion
,
from
unjust
violence
is
,
and
ever
hath
beene
lawfull
by
the
Law
of
Nature
,
of
Nation
;
yea
,
By
all
Lawes
whatsoever
,
and
the
very
dictate
of
Reason
:
And
that
a●n●cessary
defensive
Warre
is
not
properly
a
Warre
,
but
a
meere
Defence
,
against
an
unlawfull
Violence
;
And
ther●fore
m●st
of
necessitie
be
acknowledge
lawfull
;
because
directly
opposite
to
,
and
the
onely
remedy
which
G●d
and
Nature
have
giuen
men
against
T●rannicall
and
unjust
invasions
,
which
are
both
s●●n●full
and
unlawfull
.
And
so
can
be
no
Treason
,
no
Rebellion
,
no
crime
at
all
,
thou●●
our
Princes
or
Parents
be
the
unjust
assail●nts
.
Of
which
see
more
in
Hugo
Gro●ius
,
de
Iure
Belli
,
l.
2.
c.
1.
I
shall
close
up
the
Civillians
and
C●no●●●s
Opinions
touching
the
lawfulnesse
of
a
Defensive
Warre
,
with
the
words
o●
A●beric●●●entilis
,
Professor
of
Civill
Law
in
the
Vniversitie
of
Oxford
,
in
Queene
Elizabeths
Raigne
,
Who
in
his
learned
Booke
,
De
Jure
Belli
&
Pacis
,
Dedicated
to
the
most
illustrious
Robert
Devoreux
Earle
of
Essex
;
(
Father
to
the
Parliaments
present
Lord
Generall
:
)
determines
thus
,
Lib.
1.
ca●
13
pag.
92.
&c.
Although
,
I
say
,
there
be
no
cause
of
warre
from
nature
,
yet
there
are
causes
for
which
we
undertake
warre
by
the
conduct
of
nature
;
as
is
the
[
a
](A91298-e16630-b)
a
Cle.
2.
de
Sent.
cause
of
Defence
,
and
when
warre
is
undertaken
,
because
something
is
denied
to
to
be
granted
,
which
nature
it selfe
affords
,
and
therefore
because
the
Law
of
nature
is
violated
,
Warre
is
undertaken
.
We
say
there
is
a
three
fold
Defence
,
one
Necessary
,
another
Profitable
,
a
third
Honest
;
yet
wee
shall
deeme
them
all
Necessary
.
[
b
](A91298-e16640-b)
b
Bal
3.
cons.
458.
&
S.
cons.
405
He
who
defends
himselfe
,
is
said
to
be
necessitated
,
neither
will
Baldus
have
us
distinguish
whether
he
defend
himselfe
,
his
goods
,
or
those
under
his
charge
,
whether
neere
,
or
remote
;
His
defence
is
necessary
,
and
done
for
necessary
defence
,
against
whom
an
armed
enemy
comes
,
[
c
](A91298-e16670-b)
c
Clar
:
§.
Hemicidium
.
and
his
against
whom
an
enemy
prepares
himselfe
:
and
to
such
a
one
the
same
[
d
](A91298-e16680-b)
d
Bal.
ad
.
d.
l.
32.
loc.
Ios.
Decl.
l.
ut
Vim
Baldus
truly
teacheth
,
ayde
is
due
by
compact
,
whom
others
likewise
approve
[
e
](A91298-e16700-b)
e
Ap.
Mitr
.
This
warre
we
may
say
,
was
anciently
undertaken
against
Mithridates
,
and
against
his
great
pre●aations
.
Neither
ought
wise
men
to
expect
,
till
he
had
professed
himselfe
an
enemy
,
but
to
looke
more
into
his
deeds
,
then
words
:
Thus
whiles
we
say
necessity
,
we
speake
not
properly
,
but
we
understand
,
that
necessity
which
is
not
rare
in
humane
affaires
,
and
hath
wont
to
bee
called
neede
:
which
yet
precisely
is
not
that
true
necessity
,
&c.
[
f
](A91298-e16720-b)
f
Phil.
de
Principe
.
It
is
a
most
unjust
conflict
,
where
the
one
side
being
agent
,
the
other
is
onely
patient
.
There
is
a
just
defence
,
and
slaying
,
although
the
slayer
might
flee
without
danger
and
so
save
himselfe
,
whether
the
slayer
who
defends
himselfe
be
of
that
condition
,
that
it
would
be
a
disgrace
to
him
to
flee
,
or
whether
it
would
be
no
disgrace
.
[
g
](A91298-e16730-b)
g
Clra.
§.
bomicidium
.
Which
opinions
are
received
in
the
causes
of
private
men
;
and
to
mee
are
much
more
approved
in
publike
causes
.
[
h
](A91298-e16740-b)
h
L
3.
de
Iust.
l.
4
ad
le
.
Aq.
Ceph
.
cors
.
721
Defence
even
in
Bruites
is
a
Law
of
nature
:
[
i
](A91298-e16760-b)
i
Cic.
2.
Iuci.
12.
fa.
3.
it
is
perswaded
and
constituted
in
us
,
not
by
opinion
,
but
by
a
certaine
imbred
faculty
:
and
it
is
a
necessary
Law
;
for
what
is
there
(
saith
Cicero
)
that
can
be
done
against
force
,
without
force
?
This
is
the
most
approved
above
all
Lawes
.
[
k
](A91298-e16790-b)
k
c.
3.
de
se
exc
.
c.
18
de
Homicid
.
All
Lawes
,
all
Rights
permit
to
repell
force
with
force
.
[
l
](A91298-e16830-b)
l
Ammia
23
There
is
one
Law
and
that
perpetuall
,
to
defend
safety
by
all
meanes
.
[
m
](A91298-e16850-b)
m
Cic.
pro
Milo
,
All
mean●s
are
honest
of
preserving
safety
:
this
,
reason
to
the
Lea●ued
,
necessity
to
B●rbarians
,
custome
to
Nat●ons
,
nature
it selfe
to
wilde
Beasts
,
hath
prescribed
;
and
this
is
no
written
,
but
borne
,
or
native
Law
.
Likewise
,
to
defend
our
Estates
,
is
a
necessary
defence
,
and
this
is
a
just
cause
of
defending
,
if
wee
bee
assaulted
by
warre
,
though
wee
our selves
have
demerited
the
warre
:
which
thing
others
,
and
Paulus
Caestrensis
have
taught
.
And
it
will
follow
,
and
adde
this
reason
;
because
the
Law
or
Force
of
warre
is
not
ended
by
obtaining
the
things
first
demanded
;
but
walkes
according
to
the
conquerers
pleasure
.
[
n
](A91298-e16880-b)
n
Aug
19.
con
Fav
.
Who
is
content
to
repay
so
much
revenge
onely
as
he
hath
received
wrong
?
saith
Augustine
,
and
all
know
it
.
This
arbitrary
power
all
not
subdued
may
justly
decline
,
and
therefore
defend
themselves
against
it
with
Armes
.
Witnesses
,
[
o
](A91298-e16910-b)
o
Jason
.
l.
15.
l.
de
in
re
.
Iudges
who
are
enemies
are
repelled
,
although
they
against
whom
they
proceed
gave
the
cause
of
the
enmity
.
[
p
](A91298-e16940-b)
p
Con.
reg.
peccatum
.
p.
2.
§.
9.
To
one
in
Armes
he
gives
all
things
w●o
denies
just
things
:
said
Caesar
.
Neither
doe
we
heare
make
question
of
that
blamelesse
moderation
,
where
there
is
no
superior
.
These
things
therefore
are
avoyded
:
and
therefore
the
cause
of
Romulus
shall
be
said
right
to
me
,
who
defended
himselfe
by
war
against
the
invading
Sabines
,
albeit
he
had
given
them
cause
of
warre
and
offence
,
by
the
rape
of
their
women
.
[
q
](A91298-e17000-b)
q
Bed●●
5
de
Rep.
5.
The
force
of
necessity
is
so
great
,
when
men
are
pr●ssed
with
Armes
,
that
those
things
which
are
unjust
may
seeme
most
just
;
as
Bodin
well
,
[
r
](A91298-e17030-b)
r
Livie
l.
8.
warre
is
just
,
to
whom
it
is
necessary
;
&
piae
arma
,
quibus
nulla
nisi
in
armis
relinquitur
spes
:
and
Armes
are
pious
to
those
to
whom
no
hope
is
left
but
in
Armes
.
Extreame
necessity
is
exempted
from
all
Law
.
And
yet
I
restraine
not
the
present
definition
,
to
extreame
necessity
,
or
take
extreame
according
to
the
condition
of
mens
affaires
:
for
be
it
so
,
let
it
be
no
necessitie
,
which
may
be
no
necessity
;
Romulus
might
have
avoyded
warre
by
restoring
the
ravished
women
;
yet
he
might
likewise
defend
himselfe
against
the
enemies
even
soone
after
marching
against
him
.
I
stay
not
in
this
definition
:
for
that
is
a
question
belonging
to
Citizens
.
[
*
](A91298-e17070-b)
*
Costr
.
l.
1.
de
Iust
.
He
who
being
banished
may
be
hurt
without
danger
,
yet
he
may
defend
himselfe
.
CHAP.
XIIII
.
De
utili
Defensione
:
He
proceedes
thus
,
I
Call
that
a
profitable
defence
,
when
we
move
warre
,
fearing
least
we
our selves
should
be
warred
upon
:
[
s
](A91298-e17130-b)
s
Pater
.
l.
2.
no
man
is
sooner
oppressed
then
he
which
feares
nothing
,
and
security
is
the
most
frequent
beginning
of
calamity
.
This
first
.
Next
,
we
ought
not
to
expect
present
force
,
it
is
more
safe
if
we
meete
that
which
is
Future
.
There
is
more
hope
and
more
courage
in
him
that
infers
force
,
then
in
him
who
repels
it
:
he
hath
more
courage
who
inferres
danger
,
then
he
who
repulseth
it
,
[
t
](A91298-e17160-b)
t
Liu.
21
28.
Livy
and
Vigetius
:
if
the
enemie
should
once
prevent
,
[
n
](A91298-e17190-b)
n
Veget.
l.
3.
all
things
are
disturbed
with
feare
;
it
behoves
them
therefore
(
saith
[
x
](A91298-e17210-b)
x
Hist.
l.
5.
Nicephorus
,
an
historian
of
no
contemptible
authority
)
who
would
live
without
danger
,
to
meete
with
,
and
prevent
impendent
evills
,
and
not
to
delay
or
expect
,
that
thou
mayst
revenge
the
received
injury
with
danger
,
if
for
the
present
thou
maist
cut
out
the
root
of
the
growing
plant
,
and
suppresse
the
endeavours
of
an
enemie
who
thinkes
ill
.
And
[
y
](A91298-e17230-b)
y
Them
.
1.
ad
Arislog
.
Suidas
,
yea
Demosthenes
;
warre
is
not
to
be
delayed
but
urged
,
least
being
first
injured
,
we
be
compelled
to
repulse
force
.
[
*
](A91298-e17260-b)
*
Dio.
l.
45.
This
(
as
the
Latin
De
nosthenes
Cicero
saith
)
is
likewise
a
disgrace
,
that
if
thou
mayst
prevent
future
,
thou
wouldest
rather
redresse
Present
evils
.
That
rude
youth
likewise
(
so
hath
nature
it selfe
prescribed
this
Law
)
[
z
](A91298-e17280-b)
z
Terent.
4.
Eunu.
6.
I
would
rather
looke
to
our selves
,
then
I
would
be
revenged
having
received
injury
:
[
a
](A91298-e17290-b)
a
Philo.
de
spe
.
Leg.
But
Philo
most
excellently
,
that
we
presently
slay
a
serpent
at
the
first
sight
,
although
he
hath
not
hurt
us
;
nor
perchance
will
hurt
us
;
so
carefull
are
we
of
our selves
before
he
move
himselfe
.
Am
I
not
over-tedious
to
thee
in
naming
these
Authors
,
which
yet
are
none
of
ours
?
But
the
consent
of
various
and
many
authors
is
great
reason
,
&c.
Neither
yet
omit
I
,
things
held
in
lieu
of
proverbes
,
and
therefore
prove
much
what
they
signifie
,
[
b
](A91298-e17310-b)
b
Pers.
§
at
.
3.
Ovid.
2.
de
Art.
Horat.
ad
Loll.
Ep.
1.
Meete
the
approaching
disease
.
Withstand
beginnings
;
else
medicines
are
provided
over-late
.
Neglected
fires
are
wont
to
get
strength
.
Behold
something
out
of
the
Authors
of
Law
:
[
c
](A91298-e17350-b)
c
C.
lib.
2.
Tit.
41.
l
ul
.
l.
Tit.
27.
l.
1.
&
C.
T.
de
Sica
.
l.
1.
It
is
better
to
keepe
Lawes
unviolated
,
then
afterwards
to
seeke
remedy
.
[
d
](A91298-e17390-b)
d
Bald.
4.
cons.
111
Jas
.
l.
3.
de
Iust
.
It
is
lawfull
to
prevent
:
One
providing
to
offend
,
I
offend
lawfully
;
and
others
of
this
nature
,
which
are
more
defined
to
humanity
,
and
approved
by
mens
judgements
.
[
e
](A91298-e17420-b)
e
Bal.
1.
Cons.
369.
4.
312.
Alex.
2.
144.
Cla.
§.
Homicidium
,
Zas
.
l.
ut
vim.
No
man
ought
to
expose
himselfe
to
danger
:
no
man
ought
to
expect
himselfe
to
be
smitten
or
slaine
unlesse
he
be
a
foole
.
We
ought
to
meete
the
offence
not
onely
which
is
in
act
,
but
that
likewise
which
is
in
possibility
to
act
.
Force
is
to
be
repelled
and
propulsed
with
force
;
therefore
not
to
be
expected
;
in
which
expectation
there
are
also
both
other
the
foresaid
certaine
evils
,
and
that
likewise
:
which
is
mentioned
in
the
causes
of
private
men
,
least
perchance
by
giving
the
first
stroke
we
be
slaine
;
or
lest
we
yeeld
by
flying
,
and
be
oppressed
lying
downe
.
But
not
to
flye
is
to
repell
force
:
all
these
things
are
cleare
,
and
tried
,
and
most
apt
to
warlike
tractates
.
What
followes
,
hath
some
doubt
,
when
the
thing
may
seeme
to
come
to
that
passe
,
that
we
must
now
run
to
this
profitable
defence
.
[
f
](A91298-e17430-b)
f
Dec.
cons.
603.
A
just
cause
of
feare
is
required
,
suspition
is
not
sufficient
.
Now
[
g
](A91298-e17440-b)
g
p.
l.
5.
6.
quod
met
.
can
.
a
just
feare
is
defined
,
a
feare
of
a
greater
evill
,
and
such
as
may
deservedly
happen
unto
a
constant
man
.
But
here
in
this
great
cause
of
Kingdomes
,
a
feare
that
no
dammage
should
happen
although
not
very
great
,
or
if
there
be
an
evident
cause
of
feare
although
the
danger
be
not
true
,
[
h
](A91298-e17460-b)
h
De
damn
.
inf.
l.
27.
loc.
but
the
cause
onely
of
feare
just
,
is
sufficient
:
but
not
when
a
man
feares
that
he
ought
not
,
&c.
But
concerning
prevention
there
are
notable
things
in
[
i
](A91298-e17480-b)
i
Gell.
l.
7.
c.
3.
Gellius
.
In
all
things
to
be
taken
heed
of
,
there
is
not
the
same
cause
;
neither
in
the
affaires
and
actions
and
Offices
of
humane
life
;
or
of
taking
,
or
deferring
,
or
revenging
,
or
bereaving
.
To
a
gladiator
,
ready
to
fight
this
lot
of
fight
is
propounded
;
either
to
slay
,
if
he
shall
prevaile
,
or
to
be
slaine
if
he
shall
give
over
.
But
the
life
of
man
is
not
circumscribed
with
such
unjust
untamed
necessities
,
that
therefore
thou
oughtest
first
to
doe
the
injury
,
which
unlesse
thou
shalt
doe
,
thou
mayest
suffer
.
And
Cicero
;
[
k
](A91298-e17510-b)
k
Cic.
pro
tu
.
Quict
.
l.
5.
c.
13
who
hath
ever
enacted
this
,
or
to
whom
can
it
be
granted
without
the
greatest
perill
of
all
men
,
that
he
might
lawfully
slay
him
,
of
whom
he
might
say
he
hath
beene
afraid
,
lest
he
himselfe
might
be
slaine
afterward
by
him
?
yet
rightly
,
notwithstanding
,
the
Mitileins
against
the
Athenians
,
[
l
](A91298-e17540-b)
l
Thucid.
l.
3.
If
we
seeme
injurious
to
any
,
if
we
have
first
failed
,
not
tarrying
till
wee
might
plainely
know
,
if
they
would
doe
us
any
hurt
:
he
doth
not
rightly
consider
:
for
if
we
had
beene
of
equall
power
,
we
might
safely
lay
ambushes
for
them
againe
,
and
we
might
delay
:
then
he
should
speake
truth
:
but
since
they
have
alwayes
with
them
a
power
of
hurting
,
it
beseemed
us
to
have
this
power
,
that
we
might
anticipate
a
defence
.
Why
againe
doe
we
aske
for
Bartolusses
,
or
Baldusses
with
whose
bare
names
we
might
rest
satisfied
?
and
yet
doe
not
more
esteeme
the
defence
of
a
most
noble
Republick
,
yea
of
Thucidides
,
a
most
noble
man
,
and
the
sentence
of
a
most
wise
man
fortified
with
reason
?
And
seeing
there
may
not
be
one
probable
cause
of
feare
,
and
generally
nothing
can
be
defined
concerning
it
,
here
we
shall
onely
say
,
that
it
hath
alwayes
beene
very
considerable
,
and
at
this
day
,
and
hereafter
it
is
to
be
considered
,
that
potent
and
ambitious
Princes
may
be
resisted
,
for
they
being
contented
with
no
bounds
will
at
last
sometime
or
other
invade
the
fortunes
of
all
men
.
[
m
](A91298-e17590-b)
m
Zonarus
.
Thus
the
Romans
move
warre
against
Philip
,
lest
Greece
being
subdued
,
he
should
first
make
warre
upon
them
.
Thus
[
n
](A91298-e17630-b)
n
Pausanias
,
●
.
1.
Lysimachus
,
when
Demetrius
had
gotten
the
Kingdome
,
fearing
least
he
should
provoke
him
,
first
moved
warre
,
for
he
knew
that
Demetrius
had
it
from
his
father
,
alwayes
to
thinke
of
promoting
the
Empire
.
Thus
the
[
o
](A91298-e17670-b)
o
Hero
lib.
7.
Lacedemonian
Embassadors
,
move
the
King
of
Sicily
to
warre
,
because
all
the
rest
of
the
Graecians
being
overcome
by
Persa
,
he
might
in
like
manner
stirre
up
ware
against
the
Siculi
:
Men
say
,
by
helping
us
thou
maist
defend
thy selfe
.
Thus
the
[
p
](A91298-e17740-b)
p
Xenop
.
5.
Graec.
Lacaedemonians
themselves
,
perswaded
by
the
Acanthii
tooke
up
warre
against
the
Olynthi
:
who
by
conquering
their
neighbours
every
where
,
and
proceeding
alwayes
to
further
parts
,
they
made
no
end
of
warres
and
of
encreasing
their
dominion
.
Thus
the
[
q
](A91298-e17780-b)
q
Liv.
lib.
7.
Compani
for
the
Fidicini
against
the
Samnites
,
and
they
say
.
We
have
fought
in
word
for
the
Fidicini
,
in
deed
for
our selves
.
when
we
saw
a
neighboring
people
,
to
be
set
upon
by
the
wicked
plundering
of
the
Samnites
:
and
when
the
Fidicini
had
beene
inflamed
,
that
fire
would
h●reafter
be
transferred
upon
us
:
which
also
[
r
](A91298-e17830-b)
r
Thut
.
lib.
6.
Herm●crates
a
just
man
of
Syracuse
:
doth
any
of
us
thinke
,
that
a
neighbour
further
off
being
already
overcome
the
calamity
will
not
come
upon
him
also
?
Thus
[
s
](A91298-e17860-b)
s
Salu.
frag
:
Perseus
,
thus
Metridates
did
move
and
call
in
others
against
the
power
of
the
Romans
:
for
neither
are
occasions
of
warre
wanting
to
those
that
aspire
to
the
Empire
,
and
now
they
are
hated
for
their
power
.
Which
thing
[
t
](A91298-e17900-b)
t
Dion
lib.
9.
Appius
somewhere
saith
to
those
his
Romans
;
and
it
appeares
most
true
;
for
by
ayding
their
confederates
and
friends
,
presently
they
got
the
Empire
of
the
whole
world
.
But
to
omit
these
manifold
examples
,
which
even
[
u
](A91298-e17930-b)
u
Bod.
5.
de
rep.
ult.
others
have
thus
noted
,
and
which
do
thus
declare
to
us
the
Law
of
Nations
,
which
we
seeke
;
might
not
all
men
most
justly
withstand
the
Turke
on
that
side
,
and
the
Spaniard
on
this
,
meditating
dominion
every
where
and
plotting
it
?
for
indeed
the
Turke
wrongs
not
many
,
nor
yet
the
Spaniard
,
neither
can
the
one
or
other
doe
it
;
but
they
both
doe
injury
to
some
,
and
he
that
doth
wrong
to
one
,
threatens
many
:
shall
warres
themselves
be
expected
?
[
x
](A91298-e17990-b)
x
P
Syr●
we
have
heard
of
the
Turkes
before
,
and
we
all
see
it
:
if
any
one
discernes
it
not
of
the
Spaniards
;
he
may
heare
of
P.
Jovius
,
that
the
nature
of
these
are
both
impotent
and
greedy
of
bearing
rule
;
and
when
they
have
once
crept
in
,
endeavour
alwayes
by
all
meanes
to
attaine
the
highest
power
.
Therefore
we
ought
to
resist
;
[
y
](A91298-e18030-b)
y
Jou
.
lib.
1.
and
it
is
[
z
](A91298-e18050-b)
z
Ari.
5.
pol.
better
to
beware
that
men
encrease
not
too
much
in
power
then
to
seeke
remedy
afterward
against
the
mighty
.
[
a
](A91298-e18070-b)
a
Hier.
Epi.
2.
While
the
enemie
is
little
,
kill
him
.
Wickednesse
,
lest
Tares
grow
,
is
to
be
crushed
in
the
seed
.
Why
are
not
these
sayings
of
Hierome
pertinent
even
here
?
We
cannot
joyntly
resist
a
common
danger
:
[
b
](A91298-e18100-b)
b
Bal.
2.
cons.
2.
6.
6.
a
common
feare
unites
even
those
that
are
most
divided
and
furthest
off
:
and
that
by
the
instinct
of
nature
,
and
our
[
c
](A91298-e18110-b)
c
Dion
l.
6.
Baldus
teacheth
out
of
Aristotle
;
This
is
the
reason
of
Empyres
,
that
they
may
not
hurt
;
as
he
,
whosoever
he
was
said
wel
in
Dionysius
,
and
nothing
more
true
,
[
*
](A91298-e18160-b)
*
Ovid.
5.
Fast
.
Posse
u●cere
sat
est
;
Quodque
p●●
testalios
perdere
,
perde
.
prior
.
and
uttered
as
it
were
from
an
Oracle
,
In
the
judgement
of
Bodin
:
[
d
](A91298-e18180-b)
d
Plut.
Pomp.
It
is
sufficient
to
have
power
to
hurt
,
and
that
which
can
destroy
others
,
dee
thou
destroy
first
:
as
aptly
here
the
witty
Poet
;
and
truly
it
is
very
grievous
,
that
we
may
possibly
suffer
an
injury
although
we
doe
not
suffer
it
:
as
[
e
](A91298-e18200-b)
e
Bal.
2.
cors
.
195.
202.
Plutarch
speaketh
:
and
[
f
](A91298-e18220-b)
f
Apul.
de
m●nd
Baldus
,
that
it
is
lawfull
to
use
meanes
for
resistance
:
nor
ought
it
to
be
in
the
power
of
an
adversary
to
hurt
us
if
he
would
:
and
that
we
ought
to
consider
,
that
which
hurteth
,
and
that
which
can
hurt
.
Even
the
continuing
of
concord
among
the
elements
is
this
,
by
[
l
](A91298-e18240-b)
l
Polit
4.
Ep.
●
.
Guic.
lib.
1.
equall
proportion
,
and
while
in
none
,
one
is
subdued
of
the
other
:
o
And
this
is
that
,
which
that
most
wise
,
most
desirous
of
peace
,
and
father
of
peace
,
Laurencius
Medices
procured
alwayes
,
that
the
affaires
of
the
Ita●an
Princes
should
be
balanced
with
equall
weights
,
whence
both
Italy
might
have
peace
,
which
both
it
had
whiles
he
lived
,
and
was
the
preserver
of
this
temper
;
and
which
peace
ceased
when
he
deceased
,
and
that
temperature
.
The
great
off-spring
of
Medices
,
was
a
great
safegard
both
to
his
owne
City
and
the
rest
of
Italy
:
doth
he
not
as
yet
indeavour
this
,
that
one
should
not
be
able
to
doe
all
things
,
and
all
Europe
come
under
the
command
of
one
?
unlesse
some
be
able
to
resist
the
Spanyard
,
Europe
will
certainely
fall
.
[
g
](A91298-e18330-b)
g
Ans.
Edeg
.
If
any
will
pull
a
middle
stone
out
of
the
wall
,
upon
which
all
relies
,
the
rest
being
carried
together
will
follow
.
[
h
](A91298-e18340-b)
h
Polyb.
lib.
2.
No
,
this
must
never
be
permitted
,
that
the
dominion
of
any
should
grow
so
great
,
as
neither
to
doubt
before
so
much
as
of
most
manifest
injustice
,
which
Polybius
saith
,
and
saith
againe
:
whence
Hero
therefore
ayded
the
Carthaginians
against
the
Mercenaries
,
least
the
Carthaginians
being
oppressed
,
the
Romans
should
be
able
to
doe
all
things
.
This
[
i
](A91298-e18400-b)
i
Li●
.
l.
42.
Livie
of
the
diverse
conceits
of
men
upon
the
war
of
the
Romans
,
and
Perseus
,
that
some
favored
him
,
some
them
,
but
there
was
a
third
part
,
the
best
and
most
prudent
,
who
would
have
neither
part
to
become
more
powerfull
,
the
other
oppressed
,
for
so
themselves
should
be
in
the
best
condition
,
alwayes
protecting
them
from
the
injuries
of
the
other
:
And
these
things
ingeniously
,
Marcus
Cato
for
the
Rhodians
:
who
thorow
hatred
to
the
Romans
,
[
k
](A91298-e18470-b)
k
Gellius
l.
7.
3.
by
their
good
will
at
least
,
or
wishes
had
favoured
Perseus
,
They
would
not
that
we
should
have
conquered
the
King
:
but
also
many
other
people
,
and
many
Nations
;
and
partly
not
for
reproach
sake
,
but
because
they
feared
,
that
if
there
were
no
man
whom
we
stood
in
awe
of
we
might
doe
what
we
list
,
and
every
one
of
us
,
if
any
thinke
any
thing
to
be
attempted
against
his
owne
estate
,
doth
even
with
his
strength
contrarily
endeavour
that
it
be
not
attempted
against
him
.
This
the
Embassador
of
Persius
had
thus
discussed
before
the
Rhodians
,
that
they
ought
to
endeavour
,
that
the
right
and
power
of
all
things
be
not
devolved
to
one
people
.
Cato
adds
,
that
their
will
ought
not
to
be
punished
so
much
,
because
it
ought
to
be
discerned
more
certainely
.
[
l
](A91298-e18520-b)
l
Dion
.
l.
38.
Caesar
doth
not
contradict
,
who
thus
disputes
of
raising
of
warre
against
King
Ariovistus
,
that
he
ought
to
be
punished
before
he
became
great
,
or
should
doe
any
evill
,
even
because
he
had
a
thought
to
doe
them
hurt
.
Neither
ought
this
to
be
understood
of
the
naked
thought
,
and
bare
will
;
but
of
that
which
hath
assumed
the
Act
,
declared
in
another
[
*
](A91298-e18550-b)
*
L.
225.
d.
v.
8.
place
;
that
King
was
now
fearefull
to
the
Romans
in
France
,
and
his
Armes
threatned
danger
:
Caesar
therfore
wisely
and
justly
thought
that
there
was
no
further
delay
to
be
made
,
but
that
he
might
restraine
Armes
with
Armes
.
The
[
n
](A91298-e18590-b)
n
Jou
.
l.
34.
Switzers
lately
very
wisely
,
that
they
will
favour
neither
the
French
nor
Emperor
,
but
would
keepe
a
league
with
them
both
,
until
their
Armies
should
not
be
hurtful
to
the
Helvetiin
Common-wealth
.
But
I
conclude
,
the
defence
is
just
which
prevents
dangers
already
meditated
of
,
already
prepared
;
and
also
not
thought
upon
,
but
very
likely
,
possible
:
yet
neither
this
last
simply
;
or
would
I
call
it
just
,
to
endeavour
this
war
,
as
soone
as
ever
any
should
be
made
too
potent
;
which
I
doe
not
affirme
.
For
what
if
any
Princes
power
should
be
increased
by
successions
,
by
elections
;
wilt
thou
trouble
him
with
warre
,
because
his
power
may
be
dangerous
to
thee
?
Another
thing
therefore
must
be
added
concerning
Iustice
.
We
will
adde
to
others
,
who
what
they
have
thought
of
a
just
war
,
attend
.
CHAP.
XV.
Of
Honest
Defence
.
IT
remaines
to
speake
of
honest
defence
,
which
is
undertaken
without
any
feare
of
danger
to
us
,
sought
for
no
want
of
our
owne
,
for
no
profit
,
but
onely
for
other
mens
sakes
,
[
a
](A91298-e18670-b)
a
L
3.
de
ju
.
&
ju
.
and
it
resteth
upon
this
foundation
,
that
(
as
Marcus
Tullius
saith
)
nature
hath
ordained
among
men
affinity
,
and
love
,
and
good
will
,
and
the
bond
of
good
will
,
and
that
the
law
of
nations
is
placed
in
the
society
of
men
,
which
therefore
is
called
by
Cicero
also
,
[
b
](A91298-e18710-b)
b
Cic.
3.
de
si
.
Civill
.
[
c
](A91298-e18730-b)
c
Plut.
de
Vi.
Alext
Thus
Verilie
the
Stoickes
would
have
the
City
of
the
whole
world
to
be
one
,
and
all
men
to
be
commoners
,
and
townesmen
;
and
like
one
Heard
feeding
together
in
a
Common
ground
.
[
d
](A91298-e18760-b)
d
Niceph.
gr.
li.
4.
All
this
that
thou
beholdest
,
wherein
heavenly
and
earthly
things
are
contained
,
is
one
;
and
we
are
members
of
one
great
body
,
and
the
world
it selfe
is
one
[
e
](A91298-e18770-b)
e
Sen.
ep.
96.
body
.
But
Nature
hath
made
us
allyed
,
seeing
she
hath
begotten
us
of
the
same
,
and
in
the
same
,
also
endewed
us
with
mutuall
love
,
and
hath
made
us
sociable
.
e
And
this
our
societie
is
most
like
the
joyning
of
stones
,
in
a
wall
;
which
would
fall
,
if
the
stones
did
not
withstand
,
and
uphold
one
another
,
as
Seneca
excellently
;
and
which
as
[
f
](A91298-e18800-b)
f
Gel.
lib
6.
Gellius
,
consisteth
,
upholden
as
it
were
,
with
a
mutuall
contrariety
and
support
.
[
g
](A91298-e18820-b)
g
Hor.
ad
100.
ep.
1.
This
is
the
desagreeing
concord
of
things
,
as
Horace
speakes
,
and
we
also
before
.
And
now
thou
hearest
that
all
the
world
is
one
body
,
and
all
men
are
members
of
this
one
body
,
and
thou
hearest
the
world
to
be
an
house
,
and
to
be
a
City
;
which
heare
againe
,
for
they
are
beautifull
.
The
world
is
the
greatest
house
of
things
,
thus
Varro
.
[
h
](A91298-e18860-b)
h
Sen.
ult.
ben.
Man
is
a
sociable
creature
,
and
being
borne
for
the
good
of
all
,
lookes
upon
the
world
as
one
house
:
thus
Seneca
:
[
i
](A91298-e18890-b)
i
Lact.
de
ira
,
Dei
.
c.
10.
againe
Lactantius
saith
,
the
world
is
a
Common-wealth
,
having
one
forme
of
government
,
and
one
Law
;
[
k
](A91298-e18910-b)
k
Phi.
lose
Philo
,
there
is
one
Commonwealth
of
all
and
a
common
City
of
all
.
[
l
](A91298-e18930-b)
l
c.
Apol
M
act
.
Tertullian
,
Minutius
,
and
also
in
Aristotle
,
There
is
one
great
City
:
what
an
harmony
is
here
of
wise
men
?
Adde
touching
Society
that
of
Cicero
;
Society
in
the
largest
extent
,
[
m
](A91298-e18970-b)
m
Arist.
de
mu.
(
which
though
it
be
often
sayd
we
must
repeate
more
often
)
is
of
men
towards
men
,
[
n
](A91298-e18990-b)
n
Cic.
3.
de
offic
Laet.
more
inward
,
of
those
that
are
of
the
same
Countrey
;
neerer
of
those
that
are
of
the
fare
City
and
in
another
place
:
We
are
so
borne
that
there
may
be
a
certaine
Societie
betweene
all
;
but
greater
as
any
one
is
nearer
:
Citizens
are
be
ter●ban
strangers
;
kindred
han
Forriners
.
And
thus
doth
[
o
](A91298-e19020-b)
o
Aug
19.
de
civ
.
Augustine
note
there
societies
;
the
first
of
the
houshold
,
the
second
of
the
City
,
the
third
of
the
world
,
and
saith
,
all
the
Nations
in
the
world
are
joyned
together
by
humane
societie
.
But
what
is
this
society
and
conjunction
?
Among
the
good
there
is
as
it
were
a
necessary
benevolence
,
which
spring
of
freindship
,
is
constituted
of
nature
;
but
that
same
goodnesse
belongs
also
to
the
multitude
;
for
vertue
is
not
inhumane
,
nor
cruell
,
nor
proud
,
which
will
not
looke
upon
all
people
,
writeth
Cicero
;
and
[
p
](A91298-e19050-b)
p
Ambet
3.
de
oft
.
3.
Ambrose
,
the
law
of
nature
bindes
us
to
all
charity
;
that
one
should
beare
with
another
,
as
members
of
one
body
:
and
so
also
[
q
](A91298-e19070-b)
q
Bal
c
de
pri.
do
.
Baldus
,
we
are
borne
for
our
own
and
for
strangers
by
the
bond
of
Charity
:
those
that
say
,
care
ought
to
be
had
of
Citizens
,
deny
it
of
strangers
,
these
men
take
away
community
and
society
of
mankinde
.
Also
Cicero
:
which
[
r
](A91298-e19100-b)
r
Lact.
6
Instit.
6.
Lactantius
both
citeth
and
hath
approved
.
And
the
same
Cicero
.
[
s
](A91298-e19130-b)
s
Ci.
c.
7.
Alt
:
2.
It
is
a
filthy
opinion
of
them
,
[
t
](A91298-e19140-b)
t
Arist.
1.
pol.
&
Psal.
107.
7
123.
who
referre
all
things
to
themselves
,
filthy
indeede
,
for
man
is
borne
for
society
,
and
it
is
his
[
*
](A91298-e19160-b)
*
Gal.
6.
&
1.
petr.
4.
duty
to
helpe
others
,
and
not
live
to
himselfe
onely
:
and
for
this
cause
Cicero
condemned
the
Philosophers
,
because
while
they
lacked
one
kinde
of
justice
,
and
(
as
[
x
](A91298-e19190-b)
x
Hier.
Ep.
14.
another
holy
man
writes
)
fulfilled
indeede
the
greatest
part
of
equity
,
not
to
hurt
any
,
they
offended
against
the
other
,
because
they
forsooke
the
society
of
life
,
and
so
forsooke
this
part
of
justice
,
to
profit
when
thou
canst
;
[
y
](A91298-e19200-b)
y
Claud.
4.
cons
He.
Dost
thou
not
see
how
the
world
it selfe
,
the
most
beautifull
of
all
workes
doth
binde
it selfe
with
love
?
we
are
[
z
](A91298-e19210-b)
z
Rom.
cons.
420.
bound
by
the
Law
of
nature
(
so
sayes
the
interpreter
of
the
Law
)
to
be
profitable
every
way
:
and
the
[
a
](A91298-e19220-b)
a
Dec.
cons.
469
not
l.
3.
l.
5.
de
just
.
same
men
deliver
an
equall
defence
of
their
owne
and
of
strangers
,
but
specially
of
confederates
,
from
whom
we
must
keepe
off
an
injury
;
and
that
this
defence
is
both
of
divine
and
humane
law
.
[
b
](A91298-e19230-b)
b
Plat.
9.
de
leg
.
Plato
thinkes
,
he
ought
to
be
punished
that
keepes
not
back
an
injury
offered
to
another
.
Now
that
which
Plato
and
these
Interpreters
say
of
private
Citizens
we
may
very
well
apply
to
Princes
and
people
:
for
what
reason
there
is
of
a
private
man
in
a
private
City
,
there
is
the
same
in
the
publicke
and
universall
City
of
the
world
,
of
a
publique
Citizen
,
that
is
,
of
a
Prince
,
of
the
people
of
a
Prince
:
[
c
](A91298-e19260-b)
c
Bal.
2.
cons
195.
As
a
private
man
hath
relation
to
a
private
man
,
so
a
Prince
to
a
Prince
,
saith
Baldus
,
[
d
](A91298-e19280-b)
d
Sen.
1.
2.
de
Ira.
A
man
is
a
Citizen
to
a
man
in
the
greater
City
,
and
borne
for
mutuall
succour
saith
Seneca
.
And
because
we
are
one
body
,
if
one
member
will
hurt
another
member
,
it
is
meete
the
others
should
helpe
that
which
is
hurt
,
because
it
concerneth
the
whole
,
even
that
which
hurteth
,
that
the
whole
be
preserved
.
So
men
should
helpe
men
,
for
society
cannot
be
preserved
,
but
by
the
love
and
safety
of
the
people
.
[
e
](A91298-e19300-b)
e
Xiphil
.
Vespatian
cannot
be
approved
who
denies
ayde
,
I
know
not
to
whom
,
upon
this
pretence
,
because
the
care
of
other
mens
affaires
appertained
not
to
him
:
for
what
good
man
is
there
who
doth
nothing
but
for
his
owne
sake
?
[
f
](A91298-e19320-b)
f
Cic.
7.
fa.
12.
Cicero
againe
,
even
to
[
g
](A91298-e19340-b)
g
Procop.
2.
pers.
Lazius
King
of
Persia
,
that
he
is
not
therefore
just
,
because
he
doth
nothing
unjustly
,
unlesse
also
he
defended
the
unjustly
oppressed
;
and
by
that
meanes
they
obtained
helpe
,
and
bands
of
Souldiers
against
the
Romans
:
for
it
is
not
a
strange
thing
amongst
men
for
a
man
to
defend
the
estates
and
safety
of
men
,
[
h
](A91298-e19380-b)
h
Cicer.
pro
Quin.
Cicero
had
said
the
same
;
he
should
have
respect
if
not
of
the
man
,
yet
of
humanity
,
which
is
due
to
every
one
from
every
one
,
for
this
very
cause
,
because
they
are
equally
men
:
and
humane
nature
the
common
mother
of
all
men
commends
one
man
to
another
,
[
i
](A91298-e19410-b)
i
Iust.
Ge.
an
.
3.
It
is
a
noble
example
of
the
barbarous
King
of
Mauritania
:
who
,
when
he
heard
that
his
enemie
Alfonso
king
of
Castile
,
was
pressed
and
almost
oppressed
by
the
Armies
of
his
sonne
,
hee
sent
a
hughe
masse
of
gold
unto
Alfonso
,
he
himselfe
went
over
with
a
great
Armie
of
Souldiers
into
Spaine
,
judging
it
a
most
unworthy
thing
that
his
Sonne
should
expell
his
Father
from
his
Kingdome
;
adding
withall
,
that
the
victory
obtained
,
he
would
be
an
enemie
againe
unto
the
same
Alfonso
.
What
?
doe
I
feare
the
Barbarians
,
enemies
also
,
and
bringing
gifts
?
That
the
deed
of
an
enemy
should
be
taken
in
the
worst
sence
?
doth
[
k
](A91298-e19480-b)
k
L.
6.
de
Ex
Guiceardine
say
truth
;
that
these
things
are
not
done
of
any
but
in
hope
of
some
profit
?
The
saying
of
Guicciardine
is
dispraised
by
noble
Mountaygn
in
those
his
Noble
examples
?
I
demand
of
what
right
it
is
?
It
is
a
question
,
if
any
be
bound
by
Law
to
defend
another
,
when
he
can
?
and
they
seeme
commonly
to
deny
this
and
the
[
l
](A91298-e19520-b)
l
Lib.
21.
de
he
.
vel
.
ac
.
ve
.
Law
sometimes
saith
,
that
we
may
without
offence
neglect
other
mens
affaires
:
but
our
proper
question
is
;
if
any
can
thus
justly
defend
another
?
[
m
](A91298-e19530-b)
m
Castr
.
l.
2.
de
just
.
Al.
7.
17.
27.
Clar.
f.
q
87
&
Homicidium
:
De
cons.
678.
wherein
no
man
denieth
just
defence
,
even
for
the
defence
of
a
stranger
it
is
lawfull
to
kill
another
,
by
the
opinion
which
is
approved
of
all
Doctors
:
[
n
](A91298-e19540-b)
n
Lib.
6.
de
app.
Ias
.
l
3.
de
iu.
Dec.
cons.
691
Ceph
.
712
Cuia
.
20.
obs.
20.
yea
,
the
defence
of
him
is
approved
,
that
neglects
to
defend
himselfe
,
yea
that
refuseth
to
be
defended
by
another
;
whether
a
friend
defend
him
or
another
,
even
an
enemie
:
and
thus
it
is
called
the
rule
of
humanity
,
and
so
[
o
](A91298-e19550-b)
o
L.
39.
dene
.
ge
.
1.
segq
.
a
benefit
to
be
conferred
often
times
upon
the
unwilling
.
So
also
there
be
many
other
definitions
.
Also
they
conclude
by
an
argument
,
not
firme
enough
that
way
,
in
another
question
:
that
a
man
may
take
money
for
defending
another
,
which
he
should
receive
dishonestly
,
if
he
were
bound
to
defend
him
by
law
:
for
may
not
a
servant
get
a
reward
from
him
whom
yet
notwithstanding
he
might
not
neglect
without
punishment
?
neither
is
it
dishonestly
given
nor
dishonestly
taken
,
in
way
of
thankefulnesse
.
[
p
](A91298-e19560-b)
p
L
5.
qui
s
.
ma
ad
li
per.
Pla
9.
de
leg
.
So
it
is
not
ill
taken
of
a
Citizen
from
a
Citie
,
nor
by
a
sonne
from
a
father
:
for
truely
it
is
manifest
,
that
many
things
cannot
be
done
without
offence
;
and
therefore
if
done
they
are
worthy
of
rewards
,
yet
not
of
punishment
,
if
they
be
not
done
.
Againe
,
somethings
on
the
contrary
neglected
,
indeed
contract
offence
,
but
reformed
they
merit
not
glory
,
so
Bernard
:
to
which
I
adde
a
meane
,
that
there
be
some
things
which
being
neglected
contract
offence
,
and
fulfilled
,
deserve
reward
.
[
q
](A91298-e19600-b)
q
Ias
.
d.
l.
3.
Eug.
cons.
86.
But
also
even
in
the
Court
of
conscience
they
will
have
a
man
to
be
bound
to
defend
a
man
.
[
r
](A91298-e19610-b)
r
Bal.
l.
ul.
c.
de
ju
.
de
imp.
But
conscience
is
the
will
of
a
good
man
,
yea
of
the
best
:
but
they
deliver
this
also
even
in
the
way
of
honesty
:
and
we
follow
honesty
here
,
and
that
arbiterment
:
[
s
](A91298-e19620-b)
s
Alc.
l.
cons.
27.
Mol.
ad
Dec.
l.
3.
de
reg.
but
both
in
Civill
and
Canon
Law
,
against
the
rest
Bartolus
inclines
thus
:
Albericus
,
Igneus
,
Decius
,
Alciatus
,
Molineus
,
so
teach
:
and
[
t
](A91298-e19650-b)
t
Bal.
4.
cons.
111.
l.
1.
C.
de
ser.
fug
.
Baldus
elegantly
,
that
it
is
a
fault
to
omit
the
defence
of
another
;
of
himselfe
,
a
treachery
:
which
also
in
another
place
he
determines
.
Plato
is
also
of
this
mind
:
and
thus
also
[
u
](A91298-e19690-b)
u
Eccle.
4.
Siracides
:
free
him
to
whom
injury
is
done
,
out
of
the
hand
of
the
injurious
.
I
also
am
of
the
same
minde
,
especially
,
if
,
which
the
forenamed
interpreters
adde
,
defence
be
not
made
with
the
danger
of
the
defender
.
[
x
](A91298-e19710-b)
x
Bal.
l.
1.
de
of
.
pr.
vi
.
For
no
man
is
bound
to
put
himselfe
in
danger
;
no
man
is
bound
so
to
assist
against
a
fire
.
[
y
](A91298-e19720-b)
y
Nic.
Cal.
7.
his
.
29.
Otherwise
thou
hearest
Constantine
say
,
that
they
which
live
by
the
rule
of
Gods
Law
,
account
an
injury
done
to
another
,
to
be
their
owne
.
Behold
that
thus
also
he
ayded
the
Romans
against
Maxentius
.
Heare
againe
Baldus
his
Lawyer
,
he
that
defends
not
,
nor
resists
an
injury
,
is
as
well
in
fault
,
[
z
](A91298-e19770-b)
z
Cic.
2.
deoff.
as
he
that
forsakes
his
parents
,
or
friends
,
or
Country
:
and
if
these
be
true
in
private
men
,
how
much
more
will
they
be
in
Princes
?
These
mutually
call
themselves
Cosens
,
Cosen-germans
,
Brothers
.
They
are
so
much
the
more
true
in
Princes
,
by
how
much
if
a
private
man
defend
not
a
private
man
,
the
majestrate
remaines
,
that
can
both
revenge
the
wrongs
,
and
repaire
the
losses
of
private
men
,
but
there
is
none
can
peece
up
the
injuries
and
hurts
of
Princes
,
but
the
same
Prince
,
who
after
had
rather
apply
a
medicine
to
the
evill
,
than
hinder
at
the
first
that
evill
be
not
done
.
These
things
are
true
,
but
that
also
you
may
hold
with
[
a
](A91298-e19780-b)
a
Bal
l.
10.
10.
c.
de
op.
le
.
Baldus
that
although
these
were
not
true
out
of
Philosophie
of
judgements
,
which
is
of
things
necessary
:
they
are
certainely
true
from
Philosophie
of
manners
:
which
consists
of
things
perswaded
,
which
Philosophie
also
we
follow
in
this
whole
Treatise
.
The
Philosophie
of
Iudgements
,
permits
a
man
to
neglect
even
himselfe
,
as
Baldus
writes
,
and
if
besides
,
as
it
falls
out
almost
alwayes
,
another
speciall
cause
be
joyned
to
this
generall
rule
of
honesty
,
it
may
come
neerer
to
justice
.
Let
the
opinion
verily
be
true
for
me
,
that
this
cause
of
honesty
alone
,
perchance
hath
never
moved
any
man
to
that
honest
defence
.
[
b
](A91298-e19830-b)
b
Guic.
lib.
2.
Guicciardines
mouth
sayd
truely
,
no
Prince
will
make
warre
for
Pesants
,
unlesse
perswaded
with
desire
of
his
owne
gaine
:
yet
that
is
ignominous
to
Princes
and
savours
not
of
justice
:
but
I
had
rather
concurre
with
Leo
the
Philosopher
.
We
know
very
few
to
keepe
true
love
,
for
its
sake
alone
to
be
stirred
up
to
succour
those
that
are
intangled
in
misery
,
but
on
the
contrary
side
,
that
the
number
is
very
great
of
those
that
for
hope
of
getting
any
thing
,
come
to
helpe
the
unworthy
:
which
is
a
more
mild
saying
,
and
I
thinke
more
true
.
But
I
seeke
another
thing
,
it
is
compleate
justice
which
defends
the
weake
:
so
[
d
](A91298-e19870-b)
d
Ambr.
1
de
oft
.
27.
c.
5.
23.
q
3.
Ambrose
,
and
the
Canon
Law
,
and
I
seeke
for
that
Iustice
.
The
Romans
also
joyned
this
cause
with
others
by
which
they
were
moved
often
times
to
make
warre
:
[
e
](A91298-e19900-b)
e
Dlon
sol
.
de
legis
.
the
defence
of
the
Lucans
(
saith
Dionysius
)
was
the
manifest
cause
of
the
Samniticall
warre
,
which
might
have
a
shew
of
honesty
,
as
common
,
and
a
Nationall
custome
of
the
Romans
to
ayde
those
that
fled
unto
them
:
but
the
secret
cause
which
did
more
urge
,
was
,
the
power
of
the
Samnites
was
great
,
and
greater
would
it
have
beene
,
if
the
Lucans
had
beene
subdued
,
so
the
reason
of
profit
lyes
hid
:
and
therefore
seemes
not
so
good
,
as
it
is
honest
:
and
yet
we
call
profitable
also
,
good
and
just
,
and
the
one
is
made
just
by
the
other
:
therefore
what
if
they
be
deare
unto
us
whom
we
should
defend
?
[
f
](A91298-e19960-b)
f
l.
5.
qui
ex
ca.
in
po.
ea
.
Vlpianus
saith
,
that
for
love
and
friendship
,
for
no
other
reason
defence
ought
not
to
be
omitted
.
The
defence
of
those
that
ought
to
be
deare
unto
us
,
is
from
nature
,
witnesse
M.
Tullius
.
What
,
if
our
allies
and
confederates
?
[
g
](A91298-e19990-b)
g
Anb.
de
off
.
He
that
keepes
not
of
an
injurie
from
his
fellow
when
he
can
,
is
as
well
in
fault
,
as
he
that
doth
it
.
Ambrose
,
and
[
h
](A91298-e20010-b)
h
Liv.
31.
34.
even
we
our selves
are
hurt
when
our
fellowes
are
hurt
:
as
in
Livie
.
[
i
](A91298-e20030-b)
i
●●
de
Repub.
ult.
Iohn
Bodin
judgeth
amisse
,
that
an
ally
and
a
confederate
is
not
bound
to
helpe
his
fellow
,
if
there
be
no
caution
of
helpe
in
the
league
;
and
the
contrary
is
now
shewed
by
us
,
and
also
shall
be
shewed
in
the
third
booke
.
[
k
](A91298-e20050-b)
k
Plut.
Apoph
.
What
if
they
be
of
the
same
stocke
and
blood
?
Agesilaus
made
warre
against
the
Persians
,
that
he
might
bring
the
Greekes
of
Asia
into
liberty
.
And
the
pettie
Kings
of
[
l
](A91298-e20090-b)
l
Iov
.
l.
23.
Germanie
by
an
old
custome
of
the
Nation
,
thinke
it
an
haynous
offence
,
not
to
be
assistant
to
those
that
implore
mutuall
helpe
:
although
there
is
there
besides
a
certaine
body
of
a
Common-wealth
:
as
it
is
reported
long
since
,
that
there
was
of
the
Achai
.
What
if
of
the
same
Religion
?
[
m
](A91298-e20120-b)
m
Oros
.
l.
5.
c.
2.
Nations
are
joyned
together
by
the
tye
of
Religion
,
more
than
either
by
the
communion
of
another
law
,
or
contract
of
a
league
:
and
therefore
if
we
implore
nature
by
communion
,
the
law
of
Nations
by
covenant
,
the
Common-wealth
by
lawes
,
by
common
Religion
(
the
most
powerfull
thing
of
all
)
we
implore
the
bowels
of
men
and
of
the
holy
One
,
who
is
the
head
of
that
communion
.
[
n
](A91298-e20130-b)
n
Procop.
11.
Pers.
&
Call
.
l.
7.
c.
57.
So
there
was
warre
with
the
Persians
,
because
their
fugitives
were
not
delivered
them
,
and
they
were
not
delivered
by
the
Romans
,
who
would
not
dispise
the
humble
professors
with
them
of
the
same
religion
,
who
fled
from
the
Persian
cruelty
.
Thus
Justinus
answered
the
Persian
,
that
he
could
not
but
receive
those
of
the
Christian
Religion
,
falling
away
to
him
from
the
Persian
,
who
compelled
them
to
forsake
Christian
Religion
.
[
p
](A91298-e20210-b)
p
Cic.
pro
Planc
.
for
what
?
had
I
not
very
many
,
very
just
tyes
of
familiarity
,
of
neighbourhood
of
country
,
of
friendship
to
defend
Plancus
?
saith
Cicero
.
And
here
is
our
case
.
q
We
are
in
danger
if
our
neighbours
house
be
on
fire
,
for
if
fire
have
fiercely
taken
hold
of
some
houses
,
they
will
hardly
be
defended
but
that
the
next
houses
will
be
burnt
,
which
was
elsewhere
in
Salust
,
and
now
in
Ovid.
s
Fire
that
is
neere
is
hardly
kept
off
from
houses
:
it
is
good
that
we
abstaine
from
neere
adjoyned
places
:
which
verses
are
proverbiall
in
this
thing
;
and
proverbes
adde
some
credit
.
This
notes
something
that
as
it
is
lawfull
to
pull
our
neighbours
house
downe
,
least
the
fire
should
come
to
us
:
and
that
question
of
a
[
x
](A91298-e20280-b)
x
Decia
.
Cons.
651.
house
infected
is
the
same
,
although
touching
this
it
is
answered
contrary
:
[
y
](A91298-e20290-b)
y
Levit.
14.
Yet
the
House
infected
with
Leprosie
was
pull'd
downe
[
z
](A91298-e20300-b)
z
L.
29.
ubi
gl
.
de
l.
Aq:
And
in
many
cases
it
is
so
,
that
we
may
doe
ill
to
others
,
that
it
be
not
ill
with
us
.
We
must
beware
of
all
contagion
,
especially
of
our
neighbours
:
the
ill
contagions
of
a
neighbouring
People
are
hurtfull
.
[
a
](A91298-e20310-b)
a
Ibo
.
l.
1.
The
Romans
(
saith
Florus
)
as
a
certaine
infection
ranne
over
all
,
and
taking
in
all
the
neerest
people
,
brought
all
Italy
under
them
,
and
whatsoever
Dominion
they
had
[
b
](A91298-e20350-b)
b
Eccl.
22.
Before
fire
is
the
vapour
and
smoake
of
the
Chimney
,
Syracides
also
.
So
we
see
smoake
from
our
neighbours
fire
,
and
will
we
not
runne
and
put
out
the
fire
where
it
is
?
It
is
[
c
](A91298-e20370-b)
c
C.
6
de
seaexe
6.
Eug
con
.
90
written
againe
,
that
it
is
lawfull
for
any
to
helpe
his
neighbour
against
an
injury
,
yea
,
he
seemes
to
be
partaker
of
a
fault
,
who
doth
not
ayde
his
deadly
foe
,
even
speaking
against
help
,
nor
yet
desiring
it
.
Concerning
which
I
have
noted
before
,
and
will
note
further
in
the
Chapter
following
.
CHAP.
XVI
.
Of
ayding
Subjects
that
are
Strangers
against
their
Lord
.
I
Demand
,
if
wee
may
justly
defend
Subjects
also
that
are
Strangers
against
their
Lord
?
What
if
their
cause
also
be
unjust
?
[
a
](A91298-e20430-b)
a
Lib.
1.
de
Offi.
13.
Ambrose
noteth
those
three
gods
,
Iupiter
,
Neptune
,
and
Pluto
,
have
thus
Articulated
,
lest
upon
their
intrenching
on
one
anothers
jurisdiction
,
they
might
make
Warre
among
themselves
:
they
should
not
usurpe
the
rule
of
the
Sea
,
&c.
[
b
](A91298-e20470-b)
b
Euri.
Hip.
They
say
likewise
,
that
we
gods
have
this
Law
,
none
of
us
will
crosse
the
desire
of
him
that
willeth
but
wee
yeeld
alwaies
one
to
another
.
Which
being
the
fictions
of
very
wise
men
,
are
applyed
unto
Princes
of
the
earth
.
But
even
without
any
circumstance
at
all
,
the
Corinthians
speake
thus
to
the
Athenians
:
[
c
](A91298-e20500-b)
c
Thuc.
l.
1.
We
doe
plainely
deny
that
any
is
forbidden
to
punish
his
owne
:
for
if
thou
shalt
defend
those
that
have
offended
,
even
your
owne
Subjects
will
defend
themselves
from
you
.
Yet
I
thinke
not
Subjects
of
other
men
are
altogether
strangers
from
that
neerensse
of
nature
,
and
union
of
Society
,
you
doe
also
cut
off
the
unity
of
mankinde
,
whereby
life
is
sustained
,
as
excelently
[
d
](A91298-e20510-b)
d
4.
de
Benes
.
Seneca
.
And
if
we
make
not
Princes
lawlesse
,
tyed
to
no
Lawes
nor
Conditions
:
It
is
necessary
,
that
there
be
some
to
admonish
them
of
their
duty
,
and
may
hold
them
fast
bound
;
which
reason
I
expounded
in
the
second
Booke
of
Embassies
.
Neither
will
I
heere
infer
any
confusion
of
kingdomes
,
or
any
inspection
of
one
Prince
over
another
Prince
:
neither
doe
I
suffer
those
things
to
bee
distinguished
,
which
are
most
firmely
glued
together
by
nature
,
I
meane
,
that
kinred
with
all
,
among
all
.
Neither
here
otherwise
may
one
Prince
have
inspection
over
another
Prince
,
but
such
as
may
happen
by
every
other
Warre
,
wherein
one
Prince
carries
himselfe
as
a
judge
both
of
himselfe
,
and
of
another
.
If
a
question
were
among
private
men
,
it
were
most
unjust
to
goe
to
a
Forraigne
Prince
about
it
.
Also
if
there
arise
a
difference
betweene
a
private
man
and
his
Soveraigne
,
there
are
Magistrates
appointed
which
may
be
sought
unto
.
But
when
the
controversie
is
touching
the
Common-wealth
,
there
neither
are
,
nor
can
be
any
judges
in
the
City
.
I
call
that
a
publike
matter
,
when
such
,
and
so
great
a
part
of
the
Subiects
is
moved
,
that
now
there
is
need
of
Warre
against
those
that
defend
themselves
by
Warre
.
And
as
if
those
should
come
into
part
of
the
Principality
of
the
publike
,
and
are
Peeres
to
the
Prince
,
who
can
doe
so
much
as
hee
.
[
e
](A91298-e20530-b)
e
Ceph
.
612.
Even
as
one
King
is
said
to
be
equall
to
another
,
who
can
resist
another
offering
wrong
,
however
greater
,
and
more
powerfull
;
although
I
say
not
these
things
of
the
Subjects
themselves
,
unlesse
it
be
in
respect
of
Forraigne
Princes
,
which
will
ayde
the
Subject
against
their
Soveraigne
,
and
who
can
ayde
them
no
otherwise
then
in
a
controversie
,
[
g
](A91298-e20610-b)
g
Bal.
lib.
4.
c.
de
iust
.
&
subst.
We
defend
Sonnes
against
injust
Fathers
.
Adde
now
those
golden
Sayings
of
[
h
](A91298-e20620-b)
h
Sen.
ult.
de
Benef.
Seneca
.
That
being
cut
off
,
whatsoever
it
was
,
whereby
he
did
cleave
unto
me
,
the
Society
of
humane
right
is
cut
off
.
If
he
doe
not
impugne
my
Countrey
,
but
is
burdensome
to
his
owne
,
and
being
bannished
my
Countrey
doth
vexe
his
owne
,
yet
so
great
naughtinesse
of
minde
hath
cut
him
off
:
although
it
maketh
him
not
an
enemy
,
yet
hatefull
unto
mee
.
And
the
reason
of
the
duty
which
I
owe
unto
mankinde
,
is
both
more
precious
,
and
more
powerfull
with
me
,
then
that
which
I
owne
to
one
single
man
.
Thus
verily
;
or
else
we
make
all
men
forreigners
to
all
Princes
,
if
we
determine
that
they
can
doe
according
to
their
pleasure
and
lust
.
Now
what
if
the
cause
of
the
Subject
be
unjust
?
The
foresaid
Authors
deny
,
that
men
ought
to
ayde
uniust
Forraigne
Subjects
,
least
any
by
so
ayding
introduce
the
same
Law
into
his
owne
Kingdome
,
which
the
Corinthians
did
before
.
Yea
,
[
i
](A91298-e20660-b)
i
Eph.
5.
9.
Caesar
.
〈◊〉
de
si
c.
●
Aristotle
thinkes
,
that
neither
a
wicked
Father
is
to
be
loved
nor
assisted
with
helpe
.
But
this
is
false
of
a
Father
,
as
I
taught
in
a
certaine
Disputation
,
perhaps
it
is
more
true
,
that
those
may
be
defended
of
us
by
war
,
who
are
unjust
.
For
if
it
be
a
just
warre
which
is
to
repulse
a
wrong
,
although
they
that
repulse
an
injury
,
have
given
occasion
to
the
warre
:
the
same
it
seemes
may
be
determined
in
the
defence
of
others
,
even
of
Subjects
,
for
the
same
reason
.
Surely
there
is
that
iniquity
in
Warre
,
that
it
will
make
the
same
man
to
pronounce
law
to
himselfe
in
his
owne
cause
,
or
verily
willing
to
pronounce
it
.
Vpon
which
pretence
another
Prince
may
bring
ayde
on
the
contrary
side
,
that
things
may
more
civelly
be
composed
without
warre
.
And
this
is
that
which
[
k
](A91298-e20680-b)
k
Plu.
Pyrrh
.
Pyrrhus
did
when
he
came
to
ayde
the
Tarentines
against
the
Romanes
;
he
admonished
them
first
,
that
they
would
by
their
owne
endeavour
put
an
end
to
the
Controversie
;
although
neither
the
Romans
would
not
unjustly
hearken
unto
the
King
;
or
because
they
might
deservedly
suspect
him
,
as
being
sent
for
by
enemies
,
armed
with
enemies
,
ready
to
fight
for
enemies
,
and
of
kinne
to
enemies
.
[
l
](A91298-e20730-b)
l
〈◊〉
cons.
224.
Ceph
.
57
Bal
l.
1
de
ser.
fug
.
Hee
that
stands
armed
with
another
,
is
said
to
bring
helpe
and
ayde
unto
him
;
neither
is
there
neede
to
proove
any
thing
against
that
at
all
.
Even
he
that
armes
himselfe
,
is
beleeved
to
thinke
upon
warre
.
And
[
m
](A91298-e20740-b)
m
Alex.
7.
cons.
2.
Ceph
.
721.
if
he
that
is
the
friend
of
an
enemie
bee
excluded
from
being
a
witnesse
,
much
more
from
being
a
Iudge
.
[
n
](A91298-e20750-b)
n
Ias
l.
16
de
Iurisd.
Cic.
pro
Com.
Ceph
750.
For
it
is
easier
,
if
any
be
received
for
a
witnesse
then
a
Iudge
;
[
o
](A91298-e20760-b)
o
L.
47.
de
re
in
l.
28.
C.
de
●os
.
te
.
The
friend
of
my
enemy
is
not
presently
ment
my
enemy
,
as
neither
my
friends
friend
is
my
friend
;
but
there
is
a
great
suspition
of
them
both
,
and
of
the
friend
of
an
enemy
the
more
.
But
I
returne
to
the
question
.
[
p
](A91298-e20770-b)
p
Leo-nou
.
103
We
are
bound
both
to
defend
justly
unjust
Sonnes
against
the
cruelty
of
a
Father
,
or
Servants
against
the
cruelty
of
a
Master
;
and
we
laudably
indeavour
that
by
fury
(
here
is
Warre
)
no
not
wicked
men
should
be
chastened
and
punished
,
for
fury
and
warre
have
no
measure
.
[
q
](A91298-e20780-b)
q
L.
5.
Bal
l.
4.
C.
de
ser.
Cor.
And
he
that
led
by
humanity
or
pitty
,
or
any
other
approved
and
just
cause
,
hath
received
another
mans
Servant
,
is
not
bound
by
the
Statute
of
a
corrupt
Servant
,
and
that
reception
is
accompted
in
the
nature
of
good
,
&c.
[
r
](A91298-e20790-b)
r
Plut.
quo
nutr
.
li.
Hiere
.
ep.
9.
Even
he
is
commended
,
who
being
angry
with
his
servants
committed
them
to
be
punished
by
another
,
this
commendation
being
added
,
because
he
himselfe
was
angry
.
Therefore
a
good
Prince
will
have
the
Liberty
of
rage
against
his
own
Subjects
to
be
taken
from
him
,
being
angry
,
as
a
good
Father
,
as
a
good
Master
,
and
he
will
alwaies
judge
,
That
Kingdomes
were
not
made
for
Kings
,
but
Kings
for
Kingdomes
,
which
is
most
true
.
This
also
of
Plato
availeth
,
that
we
ought
to
use
Eloquence
,
chiefely
to
accuse
our
friends
,
to
whom
it
is
the
best
,
thus
to
be
drawn
from
future
evils
.
And
so
I
thinke
that
we
may
defend
unjust
Forreigne
Subjects
,
yet
to
this
end
onely
,
for
the
keeping
off
immoderate
cruelty
and
too
severe
punishment
:
[
s
](A91298-e20820-b)
s
Alex
l.
20.
Sol.
mu.
Seeing
it
is
not
inhumane
to
doe
good
to
those
that
have
offended
.
Yet
I
dare
affirme
,
that
this
reason
of
bringing
helpe
doth
seldome
stand
alone
,
but
that
another
of
necessity
and
profit
may
be
pretended
,
or
truely
shewn
,
as
is
said
before
.
Behold
now
is
the
greatest
question
:
If
the
English
have
justly
ayded
the
Hollanders
because
their
cause
was
unjust
,
&
the
Hollanders
were
even
now
Subjects
to
the
Spaniards
?
both
which
notwithstanding
are
false
.
It
was
said
,
that
a
Warre
was
to
bee
undertaken
upon
that
occasion
,
that
a
good
Peace
might
be
obtained
of
the
Spaniard
,
which
otherwise
,
as
is
thought
,
could
not
have
beene
had
:
[
t
](A91298-e20880-b)
t
Cels
.
l.
5.
de
iust
.
And
so
truly
Warre
is
lawfully
undertaken
,
as
[
u
](A91298-e20900-b)
u
Cels
.
3.
c.
9
Hypp
.
deloc
.
in
hom.
our
men
alledge
:
And
the
most
wise
reason
of
the
Physicians
maketh
for
it
,
That
if
any
Feaver
be
slow
which
holds
the
body
,
and
which
yeelds
to
no
cure
,
then
the
Disease
is
to
be
changed
,
yea
,
to
bee
augmented
and
heightned
.
For
when
it
doth
not
receive
cure
for
the
present
as
it
is
,
it
may
receive
that
cure
which
is
future
.
But
even
Warre
might
have
beene
undertaken
without
that
evill
of
an
unfaithfull
Peace
.
As
there
be
many
bonds
of
neerenesse
between
the
English
and
the
Hollander
:
the
ancient
friendship
with
the
Dukes
of
Burgondy
,
the
familiarity
of
these
people
,
and
the
old
Consanguinity
;
all
the
rest
,
which
are
noted
at
the
end
of
the
former
Chapter
.
And
therefore
with
Cicero
,
[
x
](A91298-e20960-b)
x
Cic.
prosy
They
thinke
not
that
the
nocent
are
not
to
be
defended
,
if
they
be
the
friends
of
a
good
man
.
Adde
one
thing
of
great
moment
,
that
the
Hollanders
overcome
in
Warre
,
should
altogether
change
their
condition
,
and
we
see
it
in
the
conquered
part
,
being
for
the
most
part
,
cast
downe
from
their
ancient
Liberty
,
and
for
the
most
part
oppressed
with
Garrisons
,
are
governed
now
onely
at
the
pleasure
of
the
Prince
.
But
this
our
Neighbours
cannot
endure
.
[
y
](A91298-e20990-b)
y
l.
3.
de
holi
.
ex
.
Neither
is
any
other
forbidden
to
favour
Libertie
.
But
[
z
](A91298-e21000-b)
z
L.
54.
de
Leg.
it
much
behoveth
Neighbours
to
have
a
Neighbour
.
[
a
](A91298-e21010-b)
a
Nat.
ad
Alex
cons.
197.
Bal
l.
9.
C.
de
Pa.
in
m.
7.
For
if
one
man
hath
neede
of
another
man
,
what
shall
we
say
that
one
Neighbour
is
to
another
,
saith
a
Pindarus
,
and
b
Callimachus
:
Ill
Neighbours
are
odious
to
mee
,
and
[
c
](A91298-e21060-b)
c
Heb.
Apoph
.
1
c
3.
some
wise
Hebrew
,
The
worst
of
all
diseases
is
an
ill
Neighbour
:
And
another
of
the
same
Nation
,
Woe
to
the
wicked
,
and
woe
to
his
Neighbour
.
[
g
](A91298-e21090-b)
g
Plu.
Apoph
.
And
where
may
[
d
](A91298-e21100-b)
d
Hes.
1.
op.
op.
Morall
Fables
be
silent
?
[
e
](A91298-e21110-b)
e
Faer
.
1.
c
7
An
evill
neighbourhood
is
like
a
mis-fortune
;
[
h
](A91298-e21130-b)
h
L.
33.
de
con.
em
.
Com.
Pii
.
2.
li.
19.
The
vicinity
of
great
Men
is
alwaies
to
bee
shunned
of
the
weaker
;
[
f
](A91298-e21150-b)
f
Alc.
Emb.
164.
Plut.
Euth
.
Good
men
receive
good
things
from
good
Neighbours
,
and
evill
Men
,
evill
things
,
&c.
So
*
Plato
,
and
so
Th●mistocles
;
When
hee
sold
a
piece
of
ground
,
hee
commanded
the
Crier
to
Proclaime
,
that
it
had
a
good
Neighbour
:
Which
[
h
](A91298-e21190-b)
h
L.
33.
de
con.
em
.
Interpreters
note
,
to
the
Law
.
And
there
bee
many
things
of
the
same
kinde
.
Wherefore
neither
if
these
neighbouring
Subjects
would
change
their
condition
,
neither
if
by
reason
of
a
fault
committed
against
their
owne
King
,
they
be
compelled
to
alter
it
,
is
another
Neighbouring
Prince
compelled
to
suffer
it
,
to
whom
neither
another
mans
will
nor
offence
ought
to
bring
damage
.
The
[
i
](A91298-e21200-b)
i
Com.
Pij
.
2.
li.
10.
Venetian
Embassadors
when
they
interceded
for
Sigismund
of
Maltesta
,
to
Pope
Pius
the
second
,
they
spake
even
this
,
that
Neighbouring
Princes
would
not
have
another
Neighbour
,
whom
furthermore
they
knew
not
,
what
he
might
hereafter
be
.
And
you
may
note
,
that
Sigismond
held
Townes
from
the
Church
,
and
for
his
committed
offences
,
he
ought
worthily
to
lose
them
.
Perhaps
some
will
doubt
,
whether
these
things
be
true
in
private
mens
causes
.
[
k
](A91298-e21260-b)
k
26.
de
da.
inf.
Alex.
2.
174.
For
a
private
man
seemes
to
have
power
to
doe
with
his
owne
what
he
list
,
if
it
bee
profitable
to
himselfe
,
and
hurt
not
another
.
Yet
these
things
bee
true
thus
in
the
causes
of
Empires
.
For
Princes
ought
to
take
heed
for
the
future
,
that
another
if
he
will
,
may
not
yet
be
able
to
hurt
another
,
which
is
expounded
in
the
Treatise
of
Profitable
defence
.
[
l
](A91298-e21280-b)
l
L.
1.
de
aq.
pl.
L.
8
si
se
.
ui
.
Bal.
4.
cons.
396.
But
even
that
rule
,
that
it
is
lawfull
for
any
to
doe
what
he
list
with
his
owne
,
holds
not
otherwise
;
then
if
the
condition
of
a
Neighbour
bee
made
neither
worse
nor
more
grievous
thereby
:
although
it
be
true
that
no
man
may
take
care
of
the
gaine
,
which
his
Neighbour
made
,
and
which
was
owing
to
him
by
no
obligation
.
But
even
security
,
and
a
certaine
singular
conjunction
of
love
from
a
Neighbour
,
is
due
to
Empires
:
Now
this
we
know
,
what
things
are
taken
away
when
Neighbours
are
changed
.
[
m
](A91298-e21290-b)
m
Arist.
3.
pol.
And
the
same
people
is
not
the
same
that
they
were
,
if
the
Common-wealth
be
not
the
same
that
it
was
.
For
it
is
not
lawfull
(
I
say
againe
)
to
doe
all
things
with
the
Subjects
;
for
that
is
not
lawfull
with
the
Subjects
which
would
be
a
hurt
,
and
a
danger
to
those
that
are
no
Subjects
.
It
is
not
lawfull
to
make
Fortes
in
his
owne
Land
,
[
o
](A91298-e21310-b)
o
Bal.
q.
Cons.
396.
How
ever
these
are
called
equivalent
,
to
doe
in
his
own
place
,
and
towards
his
own
Subjects
.
Whether
if
my
Neighbour
should
place
in
his
House
Gunnes
,
and
other
things
against
my
House
,
may
I
neither
be
carefull
for
my selfe
,
nor
stirre
against
my
Neighbour
?
Thus
,
thus
were
Preparations
made
in
Holland
;
and
that
great
Noble
man
,
Leicester
,
very
wisely
foresaw
,
that
the
defence
of
the
Hollanders
,
was
very
wholesome
and
necessary
for
the
Common-wealth
,
and
he
perswaded
it
to
be
undertaken
,
[
p
](A91298-e21350-b)
p
Lyp.
least
if
the
Spaniards
should
break
through
that
Pale
of
Europe
,
as
then
very
wisely
Iustus
Lipsius
,
called
it
there
should
remaine
no
obstacle
at
all
to
their
cruelty
.
And
thus
farre
of
Warre
Defensive
.
Thus
,
and
much
more
this
our
learned
Professor
of
the
Civill
Law
,
Albericus
Gentilis
;
whose
words
I
have
thus
largely
transcribed
;
because
they
not
onely
abundantly
justifie
the
lawfulnesse
of
the
Parliaments
present
Defensive
Warre
in
point
of
Law
,
and
their
Ordinances
of
Association
and
mutuall
Defence
,
but
likewise
fully
answer
all
the
cavils
and
pretences
of
Royalists
and
Malignants
against
the
progresse
and
managing
of
this
warre
,
from
principles
of
Nature
,
Law
,
Humane
Reason
,
Equity
,
and
humane
Authorities
.
THE
LAWFVLNES
OF
THE
PARLIAMENTS
present
Defensive
Warre
in
Point
of
Divinity
and
Conscience
.
THe
lawfulnesse
and
justnesse
of
the
Parliaments
present
necessary
Defensive
Warre
,
in
point
of
Common
,
Civill
,
Canon
Law
,
and
Policy
,
having
been
largely
debated
in
the
premises
,
because
not
hitherto
discussed
in
that
kinde
by
any
,
to
my
knowledge
;
I
shall
in
the
next
place
proceed
to
justifie
it
in
point
of
Divinity
and
Conscience
;
Wherein
,
though
I
shall
be
more
concise
then
I
intended
,
because
sundry
Learned
*
Divines
,
[
a
](A91298-e21510-b)
a
Master
Goodwine
his
Anti-cavallar
.
and
Bone
for
a
Bishop
.
Master
Burrought
his
Lord
of
Hosts
.
The
severall
Answers
&
Replies
to
Doctor
Ferne.
The
honest
Broker
,
Scripture
&
Reason
,
pleading
for
Defensive
Armes
(
the
best
and
acutest
of
this
kind
)
with
many
others
.
in
many
late
Printed
Bookes
,
common
in
all
mens
hands
have
professedly
handled
it
at
large
,
and
given
good
satisfaction
unto
many
unresolved
scrupulous
Consciences
;
yet
because
this
Treatise
may
come
into
diverse
hands
,
which
have
not
perused
their
discourses
;
and
those
whose
judgements
may
be
convinced
by
the
Legall
,
may
still
have
some
scruples
of
Conscience
resting
in
them
,
in
reguard
of
the
Theologicall
Part
,
and
because
some
things
(
perchance
)
in
Point
of
Theology
,
which
others
have
wholly
omitted
,
may
seasonably
be
here
supplyed
,
to
satisfie
Consciences
yet
unresolved
of
the
justnesse
of
the
present
,
and
all
other
necessary
Defensive
Warres
,
I
shall
not
over-sparingly
or
cursorily
passe
through
it
,
without
a
competent
debate
.
Now
lest
the
Consciences
of
any
should
bee
seduced
,
ensnared
with
generalities
or
cleere
mistakes
through
the
mis-stating
of
the
points
in
question
,
with
which
devise
,
many
have
beene
hitherto
deluded
by
the
Opposites
,
who
cumbate
onely
with
their
owne
mishapen
fancies
,
discharging
all
their
Gunshot
against
such
Tenets
as
are
not
in
question
,
and
no
waies
comming
neere
the
White
in
Controversie
,
I
shal
for
my
own
orderly
proceeding
,
and
the
better
satisfaction
of
ignorant
,
scrupulous
,
seduced
consciences
,
more
punctually
state
the
Question
,
then
formerly
in
the
Legall
Part
;
first
,
Negatively
,
next
,
Positively
;
and
then
proceede
to
its
debate
.
Take
notice
therefore
.
First
,
that
this
is
no
part
of
the
question
in
dispute
.
Whether
the
Parliament
,
or
any
Subjects
who
soever
,
may
actually
disobey
,
or
violently
with
force
of
Armes
resist
the
Kings
,
or
any
other
lawfull
Magistrates
just
commands
,
warranted
either
by
Gods
Word
,
or
the
Lawes
of
England
?
it
being
out
of
controversie
,
readily
subscribed
by
all
of
both
sides
;
that
Such
commands
ought
not
so
much
as
to
be
disobeyed
,
much
lesse
forcibly
resisted
but
cheerefully
submitted
to
,
and
readily
executed
for
Conscience
sake
,
Rom.
13.
1.
to
6.
1
Pet.
2.
13
,
14.
Tit.
3.
1.
Hebr.
13.
17.
Iosh.
1.
16
,
17.
18.
Ezra
.
7.
26.
Eccles.
8
2
,
3
,
4
,
5.
the
onely
thing
these
objected
Scriptures
prove
,
which
come
not
neere
the
thing
in
question
,
though
our
Opposites
most
rely
upon
them
.
Secondly
,
Neither
is
this
any
branch
of
the
dispute
:
Whether
Subjects
may
lawfully
rise
up
,
or
rebell
against
their
Prince
,
by
way
of
Muteny
,
Faction
,
or
Sedition
,
without
any
just
,
or
lawfull
publicke
ground
;
or
for
every
trifling
injury
,
or
provocation
offered
them
by
their
Prince
?
Or
whether
private
men
,
for
personall
wrongs
(
especially
where
their
lives
,
chastities
,
livelihoods
are
not
immediatly
endangered
,
by
actuall
violent
,
unjust
assaults
)
may
in
point
of
Conscience
,
lawfully
resist
,
or
rise
up
against
their
Kings
,
or
any
other
lawfull
Magistrates
?
Since
all
disavow
such
tumultuous
Insurrections
and
Rebellions
in
such
cases
:
yet
this
is
all
which
the
oft
objected
Examples
of
[
b
](A91298-e21750-b)
b
Num.
16.
Korah
,
Dathan
,
and
Abiram
,
with
other
Scriptures
of
this
Nature
,
doe
or
can
evince
.
Thirdly
,
nor
is
this
any
parcell
of
the
Controversie
.
Whether
Subjects
may
lay
violent
hands
upon
the
persons
of
their
Princes
,
wittingly
or
willingly
to
deprive
them
of
their
Lives
or
Liberties
,
especially
,
for
private
Injuries
;
or
in
cold
blood
,
when
they
doe
not
actually
nor
personally
assault
their
lives
or
chastities
;
or
for
any
publike
misdemeanours
,
without
a
precedent
sentence
of
Imprisonment
,
or
death
against
them
given
judicially
,
by
the
whole
States
or
Realmes
,
where
they
have
such
Authority
to
araigne
and
judge
them
?
For
all
unanimously
disclaime
,
yea
abominate
such
Traitorous
practises
and
Iesuiticall
Positions
,
as
execrable
and
unchristian
:
yet
this
is
all
which
the
example
of
Davids
not
offering
violence
to
King
Saul
:
the
1
Sam.
24.
3.
to
22.
cap.
26.
2.
to
25.
2
Sam.
1.
2.
to
17.
or
that
perverted
Text
of
Psal.
105.
15.
(
the
best
Artillery
in
our
Adversaries
Magazines
)
truely
prove
.
Fourthly
,
Neither
is
this
the
thing
in
difference
,
as
most
mistake
it
.
Whether
the
Parliament
may
lawfully
raise
an
Army
to
goe
immediately
and
directly
against
the
very
person
of
the
King
,
to
apprehend
or
offer
violence
to
him
,
much
lesse
intentionally
to
destroy
him
,
or
to
resist
his
owne
personall
attempts
against
them
,
even
to
the
hazard
of
his
life
?
For
the
Parliament
,
and
their
Army
too
,
have
in
sundry
[
c
](A91298-e21900-b)
c
See
an
exact
Collection
of
of
al
Remon
.
strances
,
&c.
Remonstrances
,
Declarations
,
Protestations
,
and
Petitions
,
renounced
any
such
disloyall
intention
or
designe
at
all
;
for
which
there
is
no
colour
to
charge
them
;
and
were
his
Majestie
now
alone
,
or
attended
onely
with
his
Ordinary
Courtly
Guard
,
there
needed
no
Army
nor
Forces
to
resist
his
personall
assaults
.
Yet
this
is
made
the
principall
matter
in
question
by
Doctor
Ferne
,
[
d
](A91298-e21940-b)
d
The
Resolving
of
Conscience
.
The
Necessity
of
Christian
Subjection
,
&c.
A
Revindication
.
The
Grand
Rebellion
,
&c
by
An
appeale
to
thy
Conscience
,
and
other
Anti-parliamentary
Pamphlets
;
who
make
this
the
sole
Theame
of
their
Discourses
:
That
Subjects
may
not
take
up
Armes
Against
their
Lawfull
Soveraigne
,
because
he
is
wicked
and
unjust
;
no
,
though
he
be
an
Idolater
and
Oppressor
:
That
,
Suppose
the
King
will
not
discharge
his
trust
,
but
is
bent
,
or
seduced
to
subvert
Religion
,
Lawes
,
Liberties
,
yet
Subjects
may
not
take
up
Armes
,
and
resist
the
King
,
it
being
unwarrantable
,
and
according
to
the
Apostle
,
damnable
,
Rom.
13.
Yea
,
this
is
all
the
questions
the
G.
valleers
and
Malignants
demand
of
their
Opposites
in
this
cause
.
What
?
will
you
take
up
Armes
;
will
you
fight
against
,
or
resist
the
King
?
&c.
Never
stating
the
question
of
his
Forces
,
his
Army
of
Papists
,
Malignants
,
Delinquents
,
but
onely
of
the
King
himselfe
abstracted
from
his
invading
,
depopulating
Forces
,
against
whom
,
in
this
sence
of
theirs
,
the
Parliament
never
yet
raised
any
Forces
,
nor
made
the
least
resistance
hitherto
.
These
foure
particulars
then
being
not
in
question
,
I
shall
here
appeale
to
the
most
Malignant
Conscience
:
Whether
Doctor
Ferne
,
and
all
other
our
Opposites
,
pretenders
of
Conscience
,
haue
not
ignorantly
,
if
not
maliciously
,
made
shipwracke
of
their
good
Consciences
(
had
they
ever
any
)
by
a
wilfull
mistating
of
the
Controversie
,
concerning
the
present
Defensive
Warre
,
in
the
foure
preceding
particulars
,
which
they
make
the
onely
Questions
;
when
not
so
much
as
one
of
them
comes
within
the
Verge
of
that
which
is
the
reall
Controversie
;
and
never
once
naming
that
in
all
,
or
any
of
their
Writings
,
which
is
the
point
indeed
?
Secondly
,
Whether
there
bee
any
one
Text
or
Reason
in
all
their
Pamphlets
,
particularly
applied
to
any
thing
which
concernes
the
present
Warre
,
but
onely
to
these
foure
particulars
,
which
are
not
in
debate
?
And
if
so
,
(
as
no
Conscience
can
gaine-say
it
)
then
there
is
nought
in
all
the
wast
Papers
they
have
published
,
which
may
either
resolve
or
scruple
any
Conscience
,
That
the
Parliaments
Defensive
Armes
and
resistance
are
unlawfull
in
point
of
Divinity
,
or
Conscience
,
which
is
steered
by
the
Scriptures
Compasse
.
But
if
these
particulars
be
not
in
question
;
you
may
now
demand
,
what
the
knot
and
true
state
of
the
present
Controversie
,
in
point
of
Conscience
,
is
?
In
few
words
,
take
it
thus
.
Whether
both
Houses
of
Parliament
,
and
the
Subjects
by
their
Authority
,
for
the
preservation
of
their
owne
Persons
,
Priviledges
,
Lawes
,
Lives
,
Liberties
,
Estates
,
Religion
;
the
apprehension
of
Voted
co●tumatious
Traitors
,
and
Delinquents
,
the
rescuing
his
seduced
Majestie
out
of
the
power
of
Popish
pernicious
Counsellours
and
Forces
,
who
end
avour
the
Kingdomes
subversion
,
by
withdrawing
him
from
,
and
incensing
him
against
his
Parliament
,
may
not
lawfully
with
a
good
Conscience
,
take
up
necessary
defensive
Armes
,
and
make
actuall
Warlike
resistance
against
his
Majesties
Malignant
ill
Counsellors
,
and
invading
Popish
Forces
(
who
now
Murther
,
Rob
,
Spoile
,
Sacke
,
Depopulate
the
Kingdome
in
a
most
Hostile
manner
,
to
set
up
Tyranny
,
Popery
,
and
an
Arbitrary
lawlesse
Government
,
)
in
case
they
come
armed
with
his
personall
presence
,
or
commission
,
to
execute
these
their
wicked
illegall
designes
;
Especially
,
when
neither
the
Parliament
nor
their
forces
in
this
their
resistance
,
have
the
least
thought
at
all
,
to
offer
any
violence
,
to
the
Kings
owne
person
,
or
to
oppose
his
Legall
,
iust
Soveraigne
Authority
?
Or
shorter
,
Whether
the
Kings
Captaines
and
Souldiers
invading
the
Parliament
,
and
Subiects
,
as
aforesaid
,
the
Parliament
or
Subjects
(
especially
when
authorized
by
an
Ordinance
of
both
Houses
)
may
not
with
a
safe
Conscience
forcibly
resist
these
Malignants
though
armed
with
the
Kings
illegall
Commissions
,
without
his
personall
presence
;
or
with
his
presence
and
Commissions
too
?
And
for
my
part
,
I
thinke
it
most
evident
,
that
they
may
lawfully
resist
,
repulse
them
,
even
by
Divine
Authority
.
For
the
better
clearing
whereof
,
I
shall
premise
these
three
undeniable
Conclusions
.
First
,
That
no
lawfull
King
or
Monarch
whatsoever
,
(
much
lesse
the
Kings
of
England
,
who
are
no
absolute
Princes
)
have
any
the
least
Authority
from
the
Lawes
of
God
or
man
,
personally
by
themselves
,
or
instruments
,
to
doe
any
injurie
or
iniustice
to
their
Subiects
;
how
much
lesse
then
by
open
Force
to
Murther
,
Rob
,
Plunder
,
Ravish
,
Ruine
,
or
Spoile
them
of
their
Lawes
,
Liberties
,
Estates
,
Religion
,
all
which
is
plentifully
proved
by
Law
Authorities
,
in
the
premises
;
and
punctually
confirmed
by
these
ensuing
Texts
.
Ezech.
44
15
,
16
,
17.
cap.
45.
8
,
9.
Psalm
.
105.
14.
15.
Isay
14.
15.
to
23.
2
Sam
23.
3.
Isay
1.
23.
cap.
3.
12.
14.
15.
Prov.
28.
15.
16.
Ezech.
22.
6.
7.
27.
Zeph.
3.
3.
Mich.
3.
1.
to
12.
1
Sam.
12.
3.
4.
5.
1
King
.
cap.
21.
&
22.
Zeph.
2.
8.
Isay
9.
7.
cap.
16.
5.
cap.
32.
1.
2.
cap.
49.
23.
2
Chron.
9.
8.
Ier.
22.
3.
to
32.
Obad.
2.
10.
to
16.
Rom.
13.
3.
4.
5.
6.
1
Pet.
2.
13.
16.
and
infinite
Scriptures
more
.
Secondly
,
That
all
Subiects
and
persons
whatsoever
,
are
obliged
both
in
point
of
Law
and
Conscience
to
disobey
,
resist
,
and
not
execute
,
the
uniust
illegall
Commissions
,
Mandates
of
their
Kings
,
and
other
Magistrates
.
This
is
evident
by
the
Midwi●es
refusall
to
murther
the
Hebrewes
Male-children
at
King
Pharoabs
command
,
for
which
God
blessed
them
,
and
built
them
houses
,
Exod
1.
15.
to
20.
By
Balaams
deniall
to
curse
or
defie
the
Israelites
,
at
King
Balacks
intreaty
.
Numb
.
22.
&
23.
&
24.
By
the
refusall
of
Sauls
Guard
and
Footmen
to
slay
or
fall
on
the
Priests
a
Nob
,
by
King
Sauls
personall
command
,
though
present
,
and
not
onely
their
King
but
Master
too
:
1
Sam.
●2
.
17.
18.
By
Ionathans
denyall
to
kill
,
or
consent
to
the
death
of
David
upon
Sauls
mandate
,
though
not
onely
his
Soveraigne
,
but
Father
,
although
he
might
have
gained
the
Crowne
by
it
,
and
indangered
his
owne
life
by
refusing
it
,
1
Sam.
20.
27.
to
42.
By
Sauls
Armour-beares
forbearance
to
runne
him
thorow
with
his
Sword
,
when
he
fled
before
the
Philistimes
,
though
he
as
his
King
and
Master
enioyned
him
to
doe
it
;
lest
the
uncircumcised
should
come
and
thrust
him
through
and
abuse
him
.
1
Sam.
3●
.
4.
By
Mordechai
his
denyall
to
bend
the
knee
to
Haman
,
the
great
Favourite
,
though
the
King
had
so
commanded
,
Esther
3.
1.
2.
3.
4.
5.
By
Shadrac●
,
Meshach
Abodnego
,
and
Daniels
refusall
,
to
eat
of
the
Kings
portion
of
meat
and
wine
assigne●
them
,
least
they
should
be
defiled
,
Dan.
1.
5.
to
12.
By
their
peremptory
resolution
,
not
To
fall
downe
and
worship
King
Nebuchadnezzars
golden
Image
,
though
twice
strictly
commanded
by
the
King
to
doe
it
,
and
threatned
to
be
cast
into
the
fiery
Furance
(
as
they
were
)
for
refusing
it
,
Dan.
3.
4
to
30.
By
Daniels
disobeying
the
Kings
and
Lords
Jdolatrous
Decree
,
not
to
offer
a
Petition
to
any
God
or
man
for
30.
dayes
,
save
of
King
Darius
,
under
paine
of
being
cast
into
the
Lyons
Denne
,
Dan.
6.
5.
to
24.
By
the
Pharises
and
chiefe
Priests
Officers
neglect
to
apprehend
our
Saviour
for
his
Preaching
,
though
enjoyned
so
to
doe
by
their
Masters
,
Iohn
7.
32.
to
48.
By
the
Apostles
refusall
to
give
over
Preaching
,
and
perseverance
in
Preaching
,
notwithstanding
the
High
Priests
and
Councels
expresse
Inhibitions
and
doubled
Commands
,
seconded
with
Apprehensions
,
Imprisonments
,
Scourgings
;
and
their
direct
resolutions
in
this
very
case
,
[
d
](A91298-e22530-b)
d
See
Gratian
Caus
.
11.
q.
3.
That
we
ought
to
obey
God
rather
then
men
,
Acts
4.
12.
to
22
cap.
5.
17.
to
the
end
.
By
Peters
Preaching
to
,
and
conversing
with
the
Vncircumcised
Gentiles
,
notwithstanding
the
Christian
Iewes
dislike
,
Acts
11.
1.
to
19.
with
infinite
Presidents
of
this
nature
in
Ecclesiasticall
Histories
;
the
very
sufferings
of
all
the
[
c
](A91298-e22600-b)
c
See
Fox
Acts
&
Monum
.
French
Book
of
Mattyrs
,
with
others
.
Martyrs
depending
on
this
ground
alone
:
which
is
backed
by
Matth.
10.
28.
32.
33.
Luc.
12.
4.
8.
cap.
9.
23.
24.
25.
26.
Ezech.
2.
3.
to
9.
Rev.
13.
3.
to
the
end
.
Rom.
12
1.
2.
John
16.
2.
3.
1
Thess.
2
14.
15.
16.
Exod.
32.
2.
Josh.
24
15.
Psalm
.
44.
15.
to
23.
Thirdly
,
That
as
all
Kings
illegall
unjust
commands
are
void
in
Law
,
and
will
no
waies
extenuate
the
guilt
,
or
justifie
the
actions
of
those
instruments
who
execute
them
in
point
of
Law
,
as
I
havef
formerly
cleared
;
so
are
they
likewise
meer
nullities
,
and
insufficient
to
excuse
the
executioners
of
them
in
point
of
Conscience
;
as
is
evident
by
,
Psal.
52.
5.
where
God
threatens
to
destroy
Doeg
the
Edomite
,
for
ever
,
to
take
him
away
,
plucke
him
out
of
his
dwelling
place
,
and
root
him
out
of
the
land
of
the
Living
,
for
executing
King
Sauls
bloody
command
upon
the
Priests
at
Nob
,
1
Sam.
22.
By
Gods
exemplary
punishment
upon
those
Souldiers
who
by
King
Nebuchadnezzars
speciall
command
,
bound
the
three
Children
and
cast
them
into
the
firy
Furnace
;
who
were
slaine
by
the
flames
of
the
Furna●e
,
though
these
three
Martyrs
had
no
harme
in
the
Furnace
it selfe
,
Dan.
3.
20.
to
28.
By
Gods
consuming
the
two
Captaines
and
their
fifties
with
fire
from
heaven
,
who
came
violently
to
apprehend
the
Prophet
Elijab
by
King
Ahaziah
his
commission
,
and
unjust
command
,
2
King
.
1.
9
to
16.
By
the
Precept
of
Iohn
Baptist
given
to
Souldiers
themselves
,
Luke
3.
14.
Doe
violence
to
no
man
:
(
neither
by
the
Kings
,
nor
Generalls
Command
)
neither
accuse
any
falsely
.
By
1
Tim.
5.
22.
Lay
hands
sodainly
on
no
man
,
(
no
more
in
a
violent
,
Military
,
then
an
Ecclesiasticall
sense
)
neither
be
partakers
of
other
mens
sinne●
:
Compared
with
the
next
forecited
Scriptures
;
with
Rom.
1.
32.
Math.
15.
14.
Psal.
50.
18
21.
Prov.
1.
10.
to
16.
Oba●
.
vers.
10.
to
16
Isay
1.
23.
with
Isay
9
16.
The
leaders
of
this
people
cause
them
to
erre
,
and
those
th●t
are
led
of
them
are
destroyed
.
What
therefore
Saint
Iohn
writes
in
another
case
,
2
Iohn
10.
11.
If
there
come
any
unto
you
(
be
he
an
Archbishop
,
Bishop
,
Archdeadon
,
Ferne
himselfe
,
or
any
Court
Chaplaine
whatsoever
,
)
and
being
not
this
Doctrine
;
receive
him
not
into
your
house
,
neither
bid
him
God
speed
;
for
he
that
biddeth
him
God
speed
,
Is
partaker
of
his
evill
Deeds
:
I
shall
apply
to
this
particular
of
executing
Kings
unjust
Commands
against
their
people
;
they
are
partakers
of
their
Kings
wickednesse
,
if
they
do
but
intertaine
their
unjust
Commissions
into
their
Houses
or
bid
them
God
speed
;
much
more
if
they
execute
them
either
voluntarily
,
or
against
their
wills
,
out
of
an
unworthy
feare
,
or
base
respects
.
These
three
Conclusions
being
irrefragable
,
Secondly
,
Elijah
,
2
Kings
1.
2.
to
16.
who
sending
backe
King
Ahaziah
his
Messengers
(
sent
by
him
to
enquire
of
Baal●zebub
the
God
of
Ekron
,
whether
hee
should
recover
of
his
disease
)
with
an
harsh
Message
to
the
King
,
contrary
to
his
Command
,
which
they
disobeyed
;
thereupon
this
King
,
in
an
angry
fume
,
sent
two
Captaines
with
50.
men
apeece
,
one
after
another
,
to
apprehend
the
Prophet
for
this
affront
;
(
as
[
g
](A91298-e23030-b)
g
Antiq.
Iud.
lib.
9.
cap.
1.
Ipse
Prophetae
cum
minatus
vim
esset
,
ut
ni
sponte
sua
faciat
,
vi
coactum
eo
pertrahat
.
&c.
Iosephus
,
with
other
Interpreters
accord
,
)
who
comming
with
their
forces
to
him
,
said
;
Thou
man
of
God
,
the
King
hath
said
,
come
downe
quickly
.
To
whom
he
successively
answered
:
If
I
be
a
man
of
God
,
then
let
fire
come
downe
from
Heaven
,
and
consume
thee
and
thy
fifty
;
And
there
came
fire
from
heaven
thereupon
,
and
consumed
two
Captaines
and
their
fifties
:
but
the
third
Captaine
and
his
fifty
,
who
humbled
themselves
to
the
Prophet
,
and
begged
the
sparing
of
their
lives
,
were
spared
;
the
Angel
of
the
Lord
bidding
the
Prophet
to
goe
downe
with
them
to
the
King
,
and
not
be
afraid
.
From
which
Text
it
is
infallible
,
even
by
a
divine
Miracle
from
heaven
,
doubled
by
God
himselfe
;
That
it
is
lawfull
for
Subjects
in
some
cases
,
to
resist
the
unjust
violence
of
the
Souldiers
and
Captaines
of
their
Kings
though
armed
with
their
Regall
Commands
.
Secondly
,
by
the
History
of
the
Prophet
Elisha
,
2
Kings
6.
31
,
32
,
33.
Who
when
King
Ioram
(
his
Soveraigne
)
had
sworne
unjustly
in
his
fury
;
God
doe
so
to
me
and
more
also
,
if
the
head
of
Elisha
shall
stand
on
him
this
day
;
and
thereupon
sent
a
Messenger
before
him
to
Elisha
his
house
to
take
away
his
head
;
the
Prophet
was
so
farre
from
submitting
to
this
Instrument
of
his
;
that
he
Commanded
the
Elders
sitting
then
with
him
in
the
house
,
to
looke
when
the
Messenger
came
,
and
shut
the
doore
,
and
Hold
him
fast
at
the
Doore
,
though
the
sound
of
his
Masters
feet
(
the
King
)
were
behind
him
;
whom
he
stiles
,
the
sonne
of
a
Murderer
.
Might
these
two
eminentest
Prophets
thus
openly
resist
the
Captaines
,
Souldiers
,
and
unjust
Executioners
of
their
Princes
,
with
a
good
Conscience
;
and
may
not
others
lawfully
doe
the
like
?
No
doubt
they
may
.
Thirdly
,
(
If
I
bee
not
much
mistaken
)
this
kind
of
resistance
is
warranted
even
by
Christ
himselfe
,
and
his
Apostles
:
For
a
little
before
his
Apprehention
,
Christ
uttered
this
speech
unto
his
Disciples
,
Luke
22.
36
,
37
,
38.
But
Now
,
he
that
hath
no
Sword
,
let
him
sell
his
garment
and
buy
one
,
&c.
—
And
they
said
,
Lord
,
behold
,
here
are
two
Swords
.
And
he
said
unto
them
,
it
is
enough
.
Why
would
Christ
have
his
Disciples
buy
Swords
now
,
unlesse
it
were
for
his
and
their
owne
better
Defence
,
being
the
time
when
he
was
to
be
apprehended
.
[
h
](A91298-e23190-b)
h
Matth.
26.
Mar.
14.
Luc.
22.
Iohn
18.
Soone
after
this
Judas
and
his
Band
of
men
sent
from
the
High
Priests
,
with
Swords
and
Staves
came
to
seize
upon
Christ
.
Which
when
they
who
were
about
him
saw
what
would
follow
:
They
said
unto
him
;
Lord
,
shall
we
smite
with
the
Sword
?
His
commanding
them
to
buy
Swords
now
,
was
sufficient
ground
for
this
question
,
and
intimation
enough
,
that
they
might
now
use
them
:
whereupon
Christ
giving
no
negative
answer
;
One
of
them
which
were
with
Iesus
(
and
John
directly
saith
it
was
Peter
)
smote
a
servant
of
the
High
Priest
(
whose
name
was
Malchus
)
and
cut
off
his
right
eare
.
Hereupon
Jesus
answered
and
said
,
Suffer
yee
Thus
Farre
:
So
[
i
](A91298-e23300-b)
i
Luc.
22.
50.
51.
Luke
;
Marke
relates
no
answer
at
all
reprehending
this
fact
:
[
k
](A91298-e23320-b)
k
Iohn
18.
10.
11.
Iohn
records
his
speech
to
Peter
thus
.
Then
,
said
Iesus
unto
Peter
,
Put
up
thy
Sword
into
the
sheath
.
The
Cup
which
my
Father
hath
given
me
,
shall
I
not
drinke
?
To
which
Matthew
addes
,
[
l
](A91298-e23370-b)
l
Math.
26.
52
53.
thinkinst
thou
that
I
cannot
pray
to
my
Father
,
and
he
shall
presently
give
me
more
then
twelve
Legions
of
Angels
?
But
how
then
shall
the
Scriptures
bee
fulfilled
,
that
thus
it
must
be
?
So
that
the
reason
why
Christ
bade
Peter
thus
to
put
up
his
sword
;
was
not
because
he
thought
defence
of
himselfe
,
and
Peters
smiting
now
altogether
unlawfull
in
it selfe
;
but
onely
inconsistent
with
Gods
present
providence
,
which
it
should
seeme
to
crosse
.
Christ
was
now
by
[
m
](A91298-e23430-b)
m
Acts
2.
23.
Cap.
4.
27.
28.
Luk.
24.
21.
26.
27.
Isay
53.
Gods
eternall
decree
,
and
the
Scriptures
prediction
,
(
which
must
be
necessarily
fulfilled
)
to
suffer
death
upon
the
Crosse
for
our
iniquities
:
should
Peter
then
,
with
the
other
Disciples
have
totally
resisted
his
apprehention
at
this
time
,
and
proceeded
still
to
smite
with
the
Sword
as
they
began
,
till
they
had
rescued
our
Saviour
,
he
could
not
then
have
suffered
,
nor
the
Scriptures
be
fulfilled
:
had
it
not
beene
for
this
speciall
reason
(
rendred
by
Christ
himselfe
,
to
cleare
all
scruples
against
the
Lawfulnesse
of
selfe-defence
in
such
cases
,
)
Peter
might
still
have
used
his
sword
to
rescue
his
Master
from
these
Catchpoles
violence
;
and
if
he
and
his
fellowes
had
beene
too
weake
to
withstand
them
,
Christ
was
so
farre
from
imagining
that
hee
might
not
have
lawfully
defended
himselfe
;
that
hee
informes
them
,
he
could
(
and
would
no
doubt
)
have
presently
commanded
whole
Legions
of
Angels
from
heaven
,
by
his
Fathers
approbation
,
to
rescue
him
from
unjust
violence
.
And
his
Speech
to
Pilate
,
after
his
taking
,
plainely
,
iustifies
the
lawfulnesse
of
such
a
forcible
defence
with
Armes
to
preserve
a
mans
life
from
unjust
execution
:
Iohn
18.
36
If
my
Kingdome
were
of
this
world
,
Then
would
my
Servants
fight
(
in
my
Defence
and
Rescue
)
that
I
should
Not
be
delivered
to
the
Iewes
:
but
now
my
kingdom
is
not
from
hence
.
All
which
considered
,
clearely
justifies
,
the
Lawfulnesse
of
resisting
the
Kings
,
or
higher
Powers
Officers
,
in
cases
of
apparant
unjust
open
violence
or
assaults
;
and
withall
answers
one
grand
argument
against
resistance
from
our
Saviours
present
Example
:
namely
,
[
*
](A91298-e23560-b)
*
See
Doct.
Fernes
resolving
of
Conscience
.
An
Appeale
to
thy
Conscience
,
with
others
who
muchrely
on
this
ill
foundation
.
Christ
himselfe
made
no
resistance
when
hee
was
unjustly
apprehended
;
Ergo
,
Christians
his
Followers
(
Ergo
,
no
Kings
,
no
Magistrates
too
,
as
well
as
Christ
the
King
of
Kings
,
and
Lord
of
Lords
,
for
they
are
Christians
as
well
as
subjects
;
)
ought
not
to
make
any
forcible
resistance
of
open
violence
:
Which
argument
is
a
meere
inconsequent
;
because
the
reason
why
Christ
resisted
not
these
Pursevants
,
and
High
Priests
Officers
,
was
onely
,
that
his
Fathers
decree
,
and
the
Scriptures
foretelling
his
Passion
might
be
fulfilled
,
as
himselfe
resolves
;
not
because
hee
deemed
resistance
Vnlawfull
,
which
he
even
then
approved
,
though
hee
practised
it
not
,
as
these
Texts
doe
fully
proove
.
Fourthly
,
Ioab
,
Davids
Generall
,
and
his
Forces
,
when
they
besieged
and
battered
it
;
till
they
had
made
their
peace
,
with
the
head
of
Sheba
who
fled
into
it
for
shelter
,
2
Sam.
20.
14.
to
23.
And
by
that
of
Ester
,
Ch.
8.
8.
to
17.
chap
:
9.
1.
to
17.
pertinent
to
this
purpose
.
Where
Haman
having
gotten
the
Kings
Decree
,
to
be
sent
unto
all
Provinces
for
the
utter
extirpation
of
the
whole
Nation
of
the
Iewes
,
the
King
after
Hamans
Execution
(
through
Gods
great
mercy
,
and
Mordecaies
and
Queene
Esters
diligence
)
to
prevent
this
bloody
massacre
by
their
Enemies
,
granted
to
the
Iewes
in
every
City
,
by
Letters
under
his
Seale
,
To
gather
themselves
together
,
and
to
stand
for
their
lives
,
to
destroy
,
to
slay
,
and
to
cause
to
perish
all
the
power
of
the
people
and
Province
That
would
Assault
them
,
both
litle
ones
and
women
,
and
to
take
the
spoile
of
them
for
a
prey
;
and
that
the
Iewes
should
be
ready
against
the
day
,
to
avenge
themselves
of
their
enemies
.
Hereupon
when
the
day
,
that
the
Kings
Commandment
and
Decree
(
for
their
extirpation
)
drew
neere
to
be
put
in
execution
,
in
the
day
that
the
enmies
of
the
Iewes
hoped
to
have
power
over
them
;
the
Iewes
gathered
themselves
together
in
their
Cities
,
throughout
all
the
Provinces
of
King
Ahasuerus
,
to
lay
hand
on
such
as
sought
their
hurt
;
and
no
man
could
withstand
them
,
for
the
feare
of
them
fell
upon
all
people
:
And
all
the
Rulers
of
the
Provinces
,
and
the
Lieutenants
,
Deputies
,
and
Officers
of
the
King
helped
the
Iewes
,
because
the
feare
of
Mordecai
fell
upon
them
:
So
the
Iewes
smote
all
their
enemies
with
the
stroake
of
the
Sword
,
and
slaughter
,
and
destruction
,
and
did
what
they
would
unto
those
that
hated
them
.
In
the
Palace
they
slew
eight
hundred
men
,
and
Hamans
tenne
sonnes
,
on
severall
dayes
.
And
the
other
Iewes
that
were
in
the
Provinces
,
gathered
themselves
together
,
and
Stood
for
their
Lives
,
and
had
rest
from
their
enemies
,
and
slew
of
their
foes
seventy
and
five
thousand
,
but
they
laid
not
their
hands
on
the
prey
.
Loe
here
a
Defensive
war
,
justified
,
and
granted
lawfull
,
by
the
Kings
owne
Letters
to
the
Iewes
,
against
their
enemies
,
who
by
former
Charters
from
him
,
had
Commission
wholly
to
extirpate
them
.
Neither
had
this
licence
of
the
King
in
point
of
Conscience
,
been
lawfull
,
had
their
defence
and
resistance
of
the
Kings
former
Commission
been
wholly
unlawfull
.
And
the
reason
of
the
Kings
grant
to
them
,
to
resist
and
slay
their
Enemies
,
that
would
assault
them
;
was
not
simply
,
because
their
resistance
without
it
,
and
standing
for
their
lives
,
had
beene
unlawfull
,
by
reason
of
the
Kings
first
unjust
Decree
,
which
they
ought
not
in
Conscience
to
submit
to
,
without
repugnancy
;
But
onely
to
enable
the
Iewes
,
then
Captives
,
and
scattered
abroad
one
from
another
in
every
Province
,
with
more
convenience
,
securitie
,
boldnesse
,
and
courage
now
to
joyne
their
forces
together
,
to
resist
their
malicious
potent
enemies
;
to
daunt
them
the
more
thereby
;
Nature
it selfe
,
yea
,
and
all
Lawes
in
such
a
bloody
Nationall
Butchery
as
this
,
without
any
just
cause
at
all
,
both
taught
and
enabled
every
one
of
the
Iewes
,
to
stand
for
his
life
,
his
Nations
,
Religions
,
preservation
,
even
to
the
last
drop
of
blood
.
Therefore
the
Letters
of
the
King
did
not
simply
enable
them
to
resist
their
enemies
,
which
they
might
have
done
without
them
;
but
give
them
Authority
to
destroy
,
and
slay
the
Wives
and
little
children
of
their
Enemies
,
and
to
take
the
spoile
of
them
for
a
prey
;
which
they
refused
to
doe
,
because
they
deemed
it
unjust
,
notwithstanding
the
Kings
permission
and
concession
,
which
as
to
these
particulars
,
was
illegall
,
and
more
then
hee
could
justly
grant
.
This
generall
Nationall
resistance
of
Gods
own
people
then
of
their
assaulting
cruell
Enemies
,
even
among
Strangers
,
in
the
land
of
their
Captivity
under
a
forraigne
Enemy
,
with
the
former
and
other
following
precedents
,
will
questionlesse
more
then
conjecturally
prove
,
if
not
infallibly
resolve
,
The
lawfulnesse
of
a
necessary
Defensive
Warre
,
and
opposition
by
free
Subiects
,
against
their
Kings
assailing
Forces
which
seekes
their
ruine
,
though
armed
with
their
Kings
Commission
,
and
that
without
any
Ordinance
of
Parliament
authorising
them
to
resist
,
much
more
then
,
when
enabled
to
oppose
them
by
Ordinances
of
both
Houses
;
as
the
Iewes
were
to
resist
and
slay
their
enemies
by
this
Kings
Letters
and
Authority
.
Thirdly
,
Fourthly
,
it
is
confessed
by
all
men
,
(
yea
those
who
are
most
intoxicated
with
an
[
o
](A91298-e23890-b)
o
〈◊〉
Luc.
O●●inder
.
Ench●nd
Contr
c.
9.
&
10.
De
Magistr.
〈◊〉
.
Anabaptisticall
spirit
,
condemning
all
kind
of
warre
,
refusing
to
carry
Armes
to
defend
themselves
against
any
Enemies
,
Theeves
,
or
Pirates
)
that
it
is
lawfull
not
onely
passively
to
resist
their
Kings
unlawfull
Commands
,
and
invading
Forces
,
but
likewise
by
flight
,
hiding
,
or
other
pollicies
,
to
evade
and
prevent
their
violence
;
which
is
warranted
not
onely
by
[
p
](A91298-e23910-b)
p
Exod.
2.
15.
&c.
Moses
,
[
q
](A91298-e23930-b)
q
1
Sam.
19.
to
31.
Davids
,
and
[
r
](A91298-e23950-b)
r
1
King
.
19.
Elijahs
,
their
severall
flights
from
the
violence
of
the
Egyptians
,
Saul
,
and
Iezabel
,
who
sought
their
lives
;
but
likewise
by
[
s
](A91298-e23990-b)
s
Mat.
2.
13.
14.
15.
Ioseph
,
Mary
,
and
Christ
himselfe
,
who
fled
into
Egypt
to
escape
the
hands
and
but
chery
of
King
Herod
;
by
Christs
own
direction
to
his
Disciples
Matth.
10.
23.
But
when
they
persecute
you
in
this
City
,
flee
yee
into
another
;
and
that
Prediction
of
his
Matth.
23.
34.
Behold
,
I
send
unto
you
Prophets
,
and
wise
men
,
and
Scribes
,
and
some
of
them
ye
shall
kill
and
crucifie
,
and
some
of
them
shall
you
scourge
in
your
Synagogues
,
and
persecute
them
from
City
to
City
;
which
was
really
fulfilled
.
Acts
8.
3.
4.
c.
9.
1
2.
c
,
11.
19.
c.
13.
50
,
51.
c.
14.
1
,
to
24
,
c.
17.
1.
to
16.
c.
22.
42.
c.
26.
11.
12.
c.
9.
24
,
25
,
26.
2
Cor.
11.
32.
33.
Rev.
12.
6.
Of
which
reade
more
in
Tertullian
his
booke
De
Fuga
in
persecutione
.
Hence
then
I
argue
thus
.
That
unjust
violence
of
Princes
and
their
Armies
,
which
Subjects
with
a
safe
conscience
may
decline
and
flee
from
,
when
as
they
want
power
,
meanes
,
or
convenience
to
resist
it
,
they
may
no
doubt
lawfully
resist
even
with
force
of
Armes
,
when
they
have
sufficient
meanes
and
conveniences
to
resist
,
and
cannot
flee
or
submit
thereto
,
without
the
publicke
ruine
:
since
the
same
justice
and
equity
,
which
enables
them
by
flight
or
stratagem
to
decline
unjust
assaults
of
a
superior
power
,
or
its
judgements
,
doth
likewise
enable
them
to
escape
and
prevent
it
with
resistance
,
when
they
cannot
doe
it
by
flight
or
other
policie
:
If
then
they
may
lawfully
with
a
safe
conscience
hide
,
flee
,
or
use
lawfull
policies
,
to
prevent
the
open
injust
violence
of
their
kings
and
their
Officers
,
when
not
guilty
of
any
capitall
crime
deserving
censures
;
because
by
the
very
light
of
nature
,
and
Law
of
Charity
they
are
obliged
to
preserve
themselves
from
unjust
tyrannie
;
and
are
no
wayes
bound
to
subject
themselves
to
the
cruelty
,
the
unjust
assaults
,
or
oppressions
of
others
:
then
by
the
selfesame
reason
,
they
may
lawfully
with
force
of
Armes
defend
themselves
against
such
violent
unjust
attempts
which
they
are
no
way
obliged
to
submit
unto
,
when
as
they
cannot
conveniently
secure
themselves
and
the
publicke
,
but
by
such
resistance
,
and
should
both
betray
their
owne
,
the
publicke
safety
,
and
Religion
(
as
the
Subjects
and
Parliament
should
now
do
)
in
case
they
did
not
resist
by
force
of
Armes
to
the
utmost
of
their
power
:
and
become
[
t
](A91298-e24090-b)
t
1
Tim.
5.
8.
worse
than
.
Infidels
,
who
have
even
thus
oft
provided
for
their
owne
and
the
Republickes
securitie
.
Fiftly
,
God
himselfe
,
the
fountaine
oft
justice
,
the
[
u
](A91298-e24140-b)
u
Zeph
3.
5.
Esay
45.
21.
God
of
[
x
](A91298-e24160-b)
x
1
Cor.
14.
33
40.
Order
,
the
[
y
](A91298-e24180-b)
y
Iob
7.
20.
preserver
of
humane
society
who
detests
of
all
tyranny
,
[
z
](A91298-e24200-b)
z
Psal.
5.
6.
Psal.
11.
5.
cruelty
,
oppression
,
injustice
,
out
of
his
[
a
](A91298-e24220-b)
a
John
3.
16.
1
John
4
9.
Philanthropie
(
which
brought
the
Sonne
of
his
bosome
from
heaven
to
earth
)
would
never
certainely
in
point
of
policy
or
conscience
prohibit
that
,
which
is
the
onely
probable
meanes
and
apparent
remedy
,
to
prevent
,
suppresse
disorder
,
tyranny
,
cruelty
,
oppression
,
injustice
,
yea
confusion
in
the
world
;
and
to
preserve
good
order
and
humane
society
:
a
truth
so
apparent
,
that
no
rationall
man
can
contradict
it
.
Therefore
questionesse
he
never
prohibited
forcible
necessary
resistance
of
the
highest
powers
and
their
instruments
in
cases
of
open
unjust
violence
,
and
hostile
invasion
made
upon
their
people
to
ruine
them
,
or
subvert
their
established
government
,
Laws
,
Liberties
,
Iustice
,
Religion
:
There
being
no
other
probable
ordinary
meanes
left
to
any
Kingdome
,
Nation
,
People
,
to
preserve
their
government
,
lives
,
Lawes
,
Liberties
,
Religion
,
and
to
prevent
,
suppresse
,
or
redresse
tyrannie
,
cruelty
,
disorder
,
confusion
,
yea
utter
ruine
,
when
their
Kings
and
Governors
degenerate
into
Tyrants
,
invading
them
with
open
force
,
but
onely
defensive
Armes
:
prayers
and
teares
alone
,
without
military
opposition
by
force
of
Armes
,
being
no
more
able
to
defend
a
person
,
City
or
Kingdome
against
Oppressing
Princes
and
their
Armies
,
then
against
theeves
,
Pyrates
or
common
enemies
;
whom
they
must
and
ought
to
resist
,
as
well
with
Armes
as
Orisons
,
with
Speares
as
well
as
Teares
,
[
b
](A91298-e24280-b)
b
1
La●
2.
12.
to
42.
Alfonsià
Carthagena
Regum
,
Hisp
.
Acaphel
.
c.
44.
else
they
should
but
tempt
the
Lord
and
destroy
themselves
(
like
those
c
Iewes
and
Gothes
who
would
not
fight
upon
the
Sabbath
,
and
so
were
slaine
by
their
enemies
without
resistance
:
)
yea
wilfully
suffer
the
Common-weale
to
be
subverted
,
Religion
extirpated
;
Lawes
trampled
under
feete
,
their
own
posterities
to
be
enslaved
,
ruined
without
any
opposition
,
even
in
a
moment
.
For
were
it
utterly
unlawfull
,
and
no
lesse
than
Treason
or
Rebellion
,
in
point
of
conscience
for
any
subjects
to
take
up
Defensive
Armes
to
resist
the
Kings
army
,
or
forces
,
consisting
for
the
most
part
of
Papists
,
Delinquents
,
deboist
Athesticall
persons
of
broken
fortunes
,
feared
consciences
and
most
irreligious
lives
,
I
appeale
to
every
mans
conscience
,
how
soone
these
unresisted
Instruments
of
cruelty
would
utterly
extirpate
our
protestant
Religion
,
and
common
faith
,
for
which
we
are
enjoyned
earnestly
to
contend
and
strive
:
Jude
3.
Phil.
1.
27.
28.
And
shall
we
then
yeeld
it
up
and
betray
it
to
our
adversaries
without
strife
or
resistance
?
how
sodainely
would
they
ruin
our
Parliament
,
Lawes
,
Liberties
;
subvert
all
civill
order
,
government
;
erect
an
arbitrary
Lawlesse
tyrannicall
Regency
regulated
by
no
Iawes
but
will
and
Iust
?
how
soone
would
they
murther
,
imprison
,
execute
our
Noblest
Lords
,
Knights
,
Burgesses
,
best
Ministers
,
and
Commonwealths-men
for
their
fidelity
to
God
,
their
King
and
Country
?
how
many
Noble
families
would
they
disinherite
?
how
many
wives
,
widdowes
,
Virgins
would
they
force
and
ravish
;
what
Cities
,
what
Countries
,
would
they
not
totally
pillage
,
plunder
,
sack
,
ruine
,
consume
with
fire
and
sword
?
how
soone
would
our
whole
Kingdome
become
an
Acheldama
,
a
wildernesse
,
a
desolation
,
and
the
surviving
inhabitants
either
slaves
or
beasts
,
if
not
devils
incarnate
?
Yea
how
speedy
might
any
private
Officers
,
Captaines
,
Commanders
,
by
colour
of
illegall
Commissions
and
commands
from
the
King
,
or
of
their
Offices
,
and
all
the
notorious
rogues
and
theeves
of
England
,
under
colour
of
being
listed
in
the
Kings
Army
,
if
the
people
might
not
in
point
of
Law
or
Conscience
resist
them
with
Armes
who
came
armed
for
to
act
their
villanies
,
maliciously
rob
,
spoyle
,
plunder
,
murther
all
the
Kings
leige
people
,
without
any
remedy
or
prevention
,
and
by
this
pretext
,
that
they
are
the
Kings
Souldiers
,
sodainely
seise
and
gaine
all
the
armes
,
treasure
,
forts
,
ammunition
,
power
of
the
Realme
,
into
their
possessions
in
a
moment
;
and
having
thus
strengthned
themselves
,
and
slaine
the
Kings
faithfull
subjects
,
usurpe
the
crown
it selfe
if
they
be
ambitious
,
as
many
private
Captaines
and
Commanders
have
anciently
slaine
divers
Roman
and
Grecian
Emperours
,
yea
sundry
Spanish
,
Gothish
and
Moorish
Kings
in
Spain
by
such
practises
and
aspired
to
their
Crowns
,
(
of
which
there
are
sundry
such
like
presidents
in
most
other
Realmes
:
)
to
prevent
,
redres
,
which
severall
destructive
mischiefes
to
People
,
Kingdome
,
Kings
themselves
,
God
himselfe
hath
left
us
no
other
certaine
,
proper
,
sufficient
remedy
but
a
forcible
resistance
,
which
all
Kingdomes
,
Nations
throughout
the
world
,
haue
constantly
used
in
such
cases
,
as
I
shall
manifest
more
largely
in
the
Appendix
.
Therefore
certainely
it
must
needs
bee
lawfull
,
being
Gods
and
Natures
speciall
Ordinance
to
secure
innocent
persons
,
Cities
,
Nations
,
Kingdomes
,
Lawes
,
Liberties
,
Lives
,
Estates
,
Religion
,
and
mankinde
it selfe
,
against
the
hurtfull
Lusts
of
unnaturall
Tyrants
,
and
their
accursed
instruments
,
against
ambitious
,
treacherous
,
male-contented
Spirits
,
maliciously
bent
against
the
publicke
weale
,
and
peace
.
There
are
two
things
onely
which
usually
restraine
inferiour
persons
from
murthering
,
robbing
,
disseising
,
injuring
one
another
;
the
one
is
,
feare
of
punishment
by
the
Magistrate
;
the
other
,
feare
and
danger
of
being
resisted
,
repulsed
with
shame
and
losse
of
limbe
or
life
by
those
they
violently
assault
,
injure
;
and
were
this
once
beleeved
,
received
for
Law
or
Divinity
in
the
world
,
that
it
were
unlawful
to
resist
,
repulse
a
theefe
,
murtherer
,
riotor
,
or
disseisor
comming
in
the
Kings
name
,
long
enjoy
his
life
,
goods
,
liberty
,
lands
,
but
some
or
other
would
deprive
him
of
them
notwithstanding
all
restraints
of
Lawes
,
of
penalties
,
and
maintaine
suites
against
him
with
his
owne
estate
violently
seised
on
;
the
right
of
lawfull
defence
,
being
every
mans
best
security
,
to
preserve
his
life
,
estate
,
in
peace
against
the
violence
of
another
,
whence
the
wisdom
of
the
Common
Law
,
makes
every
mans
house
his
Castle
,
in
the
necessary
defence
wherof
,
and
of
his
person
,
goods
from
the
violence
,
rape
of
others
,
it
gives
him
libertie
to
beate
,
repulse
,
yea
kill
injurious
assailants
:
which
right
of
defence
if
once
denyed
,
would
open
a
wide
gap
to
all
wickednesse
,
injustice
,
disorders
whatsoever
,
and
speedily
bring
in
absolute
confusion
,
subversion
of
all
property
,
Law
,
Order
.
As
for
Emperors
,
Kings
,
great
Officers
,
and
other
ungodly
instruments
,
armed
with
Princes
unjust
commissions
,
who
deeme
themselves
above
the
reach
of
humane
Lawes
,
censures
,
and
accountable
for
their
unjust
actions
to
none
but
God
himselfe
,
there
is
no
other
knowne
barre
or
obstacle
to
hinder
or
restraine
their
armed
violence
,
Tyrannie
,
oppressions
,
but
onely
the
feare
of
the
oppressed
assaulted
subjects
armed
resistance
;
which
if
once
denyed
to
be
lawfull
,
all
Royalties
would
soone
be
transformed
into
professed
Tyrannies
,
all
Kings
&
Magistrates
into
Tyrants
,
all
Liberty
into
slavery
,
property
into
communitie
,
and
every
one
would
thereby
be
exposed
as
a
voluntary
prey
to
the
arbitrary
cruelty
covetousnesse
,
avarice
,
lusts
,
of
the
greatest
men
.
Therefore
doubtlesse
this
armed
resistance
cannot
but
be
lawfull
,
necessary
,
just
,
in
point
of
Law
and
Conscience
,
to
eschew
these
generall
mischiefes
.
Sixtly
,
all
will
readily
grant
it
lawfull
in
case
of
Conscience
,
for
subjects
to
resist
a
forraigne
enemie
which
invades
them
with
force
of
Armes
,
though
animated
by
the
King
himselfe
to
such
invasion
;
and
why
so
,
but
because
they
are
their
enemies
,
who
would
wrongfully
deprive
them
of
their
native
inheritance
,
Liberties
,
estates
,
and
worke
them
harme
;
upon
which
ground
,
we
read
in
the
2
Kings
3.
21.
That
when
the
Moabites
heard
that
the
Kings
of
Israel
,
Judah
and
Edom
came
up
to
fight
against
them
with
a
great
Army
,
they
gathered
all
that
were
able
to
put
on
armour
,
and
upward
to
withstand
them
,
and
stood
in
the
border
;
and
when
ever
the
Midianites
,
Philis●ines
,
Syrians
,
Babylonians
,
AEgyptians
,
Cananites
or
other
enemies
came
to
assault
the
Jsraelites
,
they
presently
assembled
together
in
Armes
to
encounter
and
repulse
them
,
as
the
Histories
of
Joshua
,
Judges
,
Samuel
,
the
Kings
,
Chronicles
,
and
Nehemiah
abundantly
evidence
,
almost
in
every
Chapter
.
If
then
Subjects
may
with
a
good
Conscience
resist
forragin
enemies
on
this
ground
alone
;
then
likewise
domestick
foes
and
their
Kings
own
Forces
,
when
they
become
open
enemies
,
to
rob
,
kill
,
plunder
,
destroy
them
as
inhumanely
,
as
injuriously
as
the
worst
Forraigne
foes
,
there
being
the
selfe
same
ground
for
the
lawfulnesse
of
resistance
of
the
one
as
the
other
,
and
if
the
ballance
encline
to
one
side
more
than
other
,
an
intestine
enemie
being
more
unnaturall
,
unjust
,
hurtfull
,
dangerous
,
and
transgressing
more
Lawes
of
the
Realme
(
which
obliege
not
strangers
)
than
a
Forraigner
,
and
a
Civill
warre
being
far
worse
,
and
more
destructive
than
a
Forraigne
;
the
resistance
of
an
homebred
enemy
,
must
be
the
more
just
and
lawfull
of
the
two
,
even
in
point
of
Conscience
.
Seventhly
,
The
very
Law
of
God
both
alloweth
and
commands
all
men
,
to
resist
their
spirituall
enemies
,
with
spirituall
Armes
:
Jam
4.
7.
Resist
the
Devill
and
he
will
flee
from
you
,
otherwise
he
would
easily
subdue
and
destroy
us
.
1
Pet.
5.
8.
9.
Be
sober
and
vigilant
,
because
your
adversarie
the
devill
as
a
rearing
Lyon
walketh
about
seeking
whom
he
may
devoure
:
whom
resist
stedfast
in
the
faith
,
Ephes.
5.
10
to
19.
Finally
my
brethren
be
strong
in
the
Lord
,
and
in
the
power
of
his
might
:
Put
on
the
whole
Armour
of
God
,
that
ye
may
be
able
to
stand
against
the
wiles
of
the
devill
.
For
we
wrestle
(
or
warre
)
not
against
flesh
and
blood
,
but
against
Principalities
,
against
powers
,
against
the
Rulers
of
the
darknesse
of
this
world
,
against
Spirituall
wickednesse
(
or
wicked
spirits
)
in
high
places
.
Wherefore
take
unto
you
the
whole
Armour
of
God
,
that
ye
may
be
able
to
withstand
in
the
evill
day
,
and
having
done
all
,
to
stand
:
Stand
therefore
having
your
loynes
girded
about
with
truth
,
&c.
Above
all
taking
the
sheild
of
faith
,
wherewith
ye
shall
be
able
to
quench
all
the
fiery
darts
of
the
wicked
;
And
take
the
helmes
of
Salvation
,
and
the
sword
of
the
spirit
,
which
is
the
Word
of
God
:
Praying
alwayes
with
all
prayer
and
supplication
.
Hence
Christians
are
termed
,
Souldiers
of
Iesus
Christ
,
and
Christianity
a
warfare
,
against
the
world
,
the
flesh
,
and
Prince
of
the
world
,
the
Devill
:
2
Tim.
2.
3
,
4.
2
Cor.
10.
3.
1
Tim.
1.
18.
Iam.
41.
1
Pet.
2.
11.
Rom.
7.
23.
2
Cor.
10.
4.
1
Cor.
9
7
,
I
say
41.
2.
Rev.
12.
7.
17.
In
which
warfare
,
we
must
fight
and
resist
even
unto
blood
striving
against
sinne
,
Heb.
12.
4.
Vsing
not
onely
prayers
and
teares
,
but
other
spirituall
weapons
of
warre
,
mighty
through
God
,
able
to
cast
downe
every
high
thing
that
exalteth
it selfe
,
to
bring
into
Captivitie
every
thought
to
the
obedience
of
Christ
,
and
to
revenge
all
disobedience
,
2
Cor.
10.
4.
5.
6.
If
then
we
may
and
must
manfully
resist
,
and
fight
against
our
Spirituall
enemies
,
though
Principalities
,
Powers
,
Rulers
,
wicked
spirits
in
high
Places
;
and
the
[
c
](A91298-e24550-b)
c
Iohn
14.
30.
c.
12.
31.
c.
16.
11.
Prince
of
this
world
himself
,
the
Devill
,
when
they
assaut
and
seeke
to
devoure
our
soules
:
then
by
the
selfesame
reason
,
we
lawfully
with
a
safe
conscience
,
may
,
yea
ought
to
resist
,
repulse
our
corporall
enemies
when
they
maliciously
,
unjustly
,
forcibly
assault
us
,
against
all
rules
of
Law
,
of
Conscience
,
to
murther
,
enslave
,
destroy
our
bodies
,
Soules
,
Religion
,
the
Republicke
,
which
must
be
dearest
to
us
,
though
they
be
Principalities
,
Powers
,
Rulers
,
wicked
Spirits
in
high
Places
;
yea
Princes
of
this
world
;
with
all
their
under
Officers
and
Instruments
of
cruelty
,
not
onely
with
prayers
and
teares
,
but
corporall
Armes
and
force
,
because
they
unnaturally
,
tyrannically
,
seeke
the
destruction
of
our
bodies
,
estates
,
Liberties
,
Republicke
,
Religion
,
there
being
no
inhibition
in
Scripture
,
not
to
resist
the
one
or
other
,
but
infinite
Texts
authorising
men
,
not
onely
to
resist
,
but
warre
against
,
yea
slay
their
malicious
open
enemies
,
untill
they
be
sub●ued
or
destroyed
,
Exod.
23.
22.
27.
Levi.
26.
7.
8.
Num.
24.
8.
Deut.
20.
throughout
.
Iosh.
c
8.
to
c.
13.
2
Sam.
22.
38.
to
42.
1
Chron.
17.
8.
10.
Esth
.
9.
5.
Neither
doe
the
Texts
of
Mat.
5
39.
Luk.
6.
29.
But
I
say
unto
you
,
that
ye
resist
not
evill
,
but
whosoever
shall
smite
thee
on
the
right
cheek●
,
turne
to
him
the
other
also
,
and
him
that
taketh
away
thy
cloake
,
forbid
not
to
take
thy
c●ate
also
;
prohibit
all
actuall
resistance
of
publick
violence
offered
by
enemies
to
our
persons
,
goods
,
or
lawfull
defensive
warres
;
which
precept
(
as
is
cleare
by
the
context
,
and
resolved
by
[
d
](A91298-e24590-b)
d
Gratian.
Caus
.
23.
Qu.
1.
Augustine
,
Gratian
,
[
e
](A91298-e24610-b)
e
Sum
Theolog.
Pars.
3
qu.
47.
m.
3.
Ofiander
E●●
ibid.
c.
9.
〈…〉
Alensis
,
and
f
others
)
extends
onely
to
some
private
injuries
and
revenges
,
and
to
the
inward
patient
preparation
of
the
mind
to
suffer
two
injuries
,
rather
then
maliciously
to
revenge
a
single
one
,
especially
in
cases
where
we
want
ability
to
resist
;
not
to
an
actuall
bearing
of
all
grosse
outward
injuries
to
our
persons
or
estates
,
without
resistance
:
which
precept
being
given
generally
to
all
Christians
;
to
Kings
and
Magistrates
as
well
as
Subjects
,
if
it
be
strictly
urged
,
prohibits
Kings
and
Magistrates
to
resist
the
violence
and
injuries
of
the
people
,
as
much
as
the
people
,
not
to
repulse
the
Armes
violence
and
oppressions
of
their
Princes
and
Governours
:
and
that
Text
of
Iames
5.
6.
Ye
have
condemned
and
killed
the
just
,
and
he
doth
not
resist
you
,
(
which
some
thinke
is
meant
of
Christ
alone
)
proves
onely
,
that
some
just
men
,
and
many
Martyrs
have
beene
condemned
and
killed
without
resistance
,
as
our
Saviour
was
;
not
that
it
is
unlawfull
to
resist
an
open
enemy
,
theefe
or
murtherer
,
who
comes
to
kill
,
rob
,
or
plunder
us
against
Law
and
Conscience
.
I
read
of
[
f
](A91298-e24650-b)
f
Gratian
Caus
23.
qu.
1.
les
Flours
desvies
des
sanctes
part
.
2.
p.
470.
Saint
Andrew
,
that
when
the
people
can
together
in
multitudes
to
rescue
him
out
of
the
hands
of
a
wicked
man
,
and
defend
him
from
the
injury
of
death
,
he
teaching
them
both
by
word
and
exemple
,
exhorted
them
,
not
to
hinder
his
martyrdome
;
yet
the
people
lawfully
rescued
innocent
Ionathan
,
from
that
unjust
death
which
his
Father
King
Saul
twice
vowed
hee
should
undergoe
:
[
g
](A91298-e24700-b)
g
1
Sam.
14.
15.
38.
to
46.
Some
mens
patient
suffering
death
and
injuries
without
resistance
,
is
no
better
an
argument
,
that
all
therefore
must
so
suffer
without
opposition
,
then
that
all
men
ought
to
yeeld
their
purses
up
to
high-way
theeves
,
or
their
persons
,
goods
,
ships
,
to
Turkes
and
Pyrates
,
without
fight
or
resistance
,
because
some
,
yea
many
have
shamefully
done
it
for
want
of
courage
when
they
were
able
to
resist
,
and
so
have
deservedly
lost
their
purses
,
shippes
,
goods
,
liberties
,
and
become
Turkish
Gally-slaves
,
to
the
ruine
of
their
estates
,
bodies
,
soules
,
which
miseries
by
a
manfull
just
defence
,
they
might
have
easily
prevented
.
All
which
considered
;
I
see
no
ground
in
Scripture
,
nor
reason
,
but
that
temporall
enemies
of
all
kindes
which
wrongfully
invade
our
persons
or
estates
by
open
force
of
Armes
in
a
warlike
manner
,
may
be
resisted
with
temporall
weapons
,
as
well
as
spirituall
enemies
with
spirituall
Armes
.
Eighthly
,
[
h
](A91298-e24730-b)
h
Ro●●
.
2.
15.
15.
be
lawfull
in
point
of
conscience
,
if
there
be
no
Law
of
God
to
the
contrary
.
But
selfe-defence
against
invading
Tyrants
and
their
instruments
hath
by
the
very
light
of
Nature
beene
constantly
practised
,
by
all
Nations
in
all
ages
,
as
just
and
lawfull
,
which
the
premises
,
the
Appendix
,
the
Histories
of
all
ages
evidence
;
theire
being
never
any
one
Nation
or
Kingdome
for
ought
I
finde
,
that
ever
yet
reputed
it
a
thing
unlawfull
in
point
of
Conscience
;
to
resist
the
open
malicious
destructive
tyranny
,
violence
,
hostility
of
their
unnaturall
Princes
,
or
that
desisted
from
any
such
resistance
,
giving
themselves
up
willingly
to
their
outragious
lusts
and
butcheries
,
without
any
opposition
(
though
some
private
men
and
Martyres
have
sometimes
done
it
,
upon
particular
reasons
,
as
to
avoid
the
scandall
of
Religion
;
to
beare
witnesse
to
the
truth
,
for
the
confirmation
and
conversion
of
others
;
or
for
want
of
power
or
oportunity
to
resist
;
or
to
avoyd
a
generall
massacre
of
their
fellow
Christians
,
or
because
they
were
onely
a
few
private
men
;
and
their
religion
directly
opposite
to
the
Lawes
and
government
under
which
they
lived
,
or
the
like
,
not
because
they
judged
all
resistance
simply
unlawfull
,
as
[
i
](A91298-e24740-b)
i
Dr.
Fernes
resolving
of
Conscience
;
An
appeale
to
thy
Conscience
.
blinde
Doctors
falsey
informe
us
,
which
I
shall
prove
hereafter
;
)
and
there
is
no
Law
of
God
at
all
to
prohibite
such
resistance
:
therefore
doubtlesse
it
must
be
lawfull
,
even
in
point
of
conscience
.
Ninthly
,
Tenthly
,
Eleventhly
,
[
*
](A91298-e24820-b)
*
Rom.
9.
19.
20.
absolute
unresistable
wil
;
)
must
doubtlesse
be
lawful
in
the
Court
of
Conscience
.
But
this
necessary
defensive
resistance
now
used
by
the
Parliament
and
Subjects
,
in
such
:
For
if
they
may
not
resist
any
of
the
Kings
Officers
or
Souldiers
in
their
plunderings
,
rapines
,
fierings
,
sackings
of
Townes
,
beating
,
wounding
,
murthering
the
Kings
leige
people
and
the
like
;
will
not
every
common
Souldier
and
Officers
be
an
absolute
Tyran
,
equall
in
Monarchie
to
the
great
Turke
himself
,
and
paramount
the
King
,
who
hath
no
absolute
irresistable
Soveraignety
in
these
particulars
?
Either
therefore
this
resistance
must
be
granted
,
not
onely
as
lawfull
,
but
simply
necessary
,
else
every
officer
and
common
Souldier
wi●l
be
more
than
an
absolute
King
and
Monarch
,
every
subject
worse
than
a
Turkish
slave
,
and
exposed
to
as
many
uncontrolable
Soveraignes
,
as
there
are
Souldiers
in
the
Kings
Army
,
be
their
conditions
never
so
vile
,
their
qualitie
never
so
mean
,
and
the
greatest
Peeres
on
the
Parliaments
party
,
must
be
irresistably
subject
to
these
new
absolute
Soveraignes
lusts
and
wills
.
Twelfthly
,
who
have
[
k
](A91298-e24880-b)
k
See
Doctor
Ferne
;
Appeale
to
thy
Conscience
;
The
Grand
Rebellion
;
The
Necessity
of
Christian
Subjection
,
and
others
.
no
other
Argument
to
prove
the
Offensive
warre
on
the
Kings
part
Lawfull
,
but
because
it
is
commanded
;
and
the
Parliaments
and
Subjects
Defensive
Armes
Unlawfull
,
but
because
prohibited
by
the
King
,
whom
they
salsely
affirm
?
,
to
be
the
highest
Soveraigne
power
in
the
Kingdome
,
above
the
Parliament
and
whole
Realme
collectively
considered
.
But
this
resistance
of
the
Kings
Popish
malignant
,
invading
Forces
;
is
Authorized
and
Commanded
by
the
expresse
Votes
and
Ordinances
of
both
Houses
of
Parliament
,
which
I
have
already
undeniably
manifested
,
to
be
the
Supreamest
Lawfull
Power
,
and
Soveraignest
Authority
in
the
Realme
,
Paramount
the
King
himselfe
,
who
is
but
the
Parliaments
and
Kingdomes
Publicke
Royall
Servant
for
their
good
:
Therefore
his
Resistance
must
infallibly
be
just
and
Lawfull
,
even
in
Point
of
Conscience
.
Thus
much
for
the
Lawfulnesse
in
Court
of
Conscience
of
resisting
the
Kings
unjustly
assaulting
Forces
,
armed
with
his
Commission
:
I
now
proceede
to
the
justnesse
of
opposing
them
by
way
of
forcible
resistance
when
accompanied
with
his
personall
presence
.
That
the
Kings
Army
of
Papists
and
Malignants
,
invading
the
Parliaments
or
Subjects
persons
,
goods
,
Lawes
,
Liberties
,
Religion
,
may
even
in
Conscience
bee
justly
resisted
with
force
,
though
accompanied
with
his
person
,
seemes
most
apparently
cleare
to
me
,
not
only
by
the
preceeding
Reasons
,
but
also
by
many
expresse
Authorities
recorded
,
and
approved
in
Scripture
,
not
commonly
taken
notice
of
:
as
,
First
,
Sodom
,
Gomorrah
,
Admah
,
Zeboiim
,
and
Zoar
,
rebelling
against
Chedolaomer
King
of
Nations
,
after
they
had
served
him
twelve
yeeres
,
defended
themselves
by
armes
and
battle
against
his
assaults
,
and
the
Kings
joyned
with
him
:
who
discomfiting
these
five
Kings
,
pillaging
Sodom
and
Gomorrah
,
and
taking
Lot
,
and
his
goods
along
with
them
as
a
p●e●
:
hereupon
Abraham
himselfe
,
the
Father
of
the
faithfull
,
in
defence
of
his
Nephew
Lot
,
to
rescue
him
and
his
substance
from
the
enemie
,
taking
with
him
318.
trained
men
of
his
owne
family
,
pursued
Chedorlaomer
,
and
the
Kings
with
him
,
to
Dan
,
assaulted
them
in
the
night
,
smote
and
pursued
them
unto
Hoba
,
regained
all
the
goods
and
prisoners
with
his
Nephew
Lot
,
and
restored
both
goods
and
persons
freely
to
the
King
of
Sodom
,
thereby
justifying
his
and
his
peoples
forcible
defence
,
against
their
invading
enemies
,
in
the
behalfe
of
his
captivated
plundred
Nephew
and
Neighbors
.
Secondly
,
AEgyptians
,
repenting
of
their
departure
,
pursued
them
with
their
Chariots
and
Horses
,
and
a
great
army
even
to
the
red
Sea
,
to
reduce
them
;
here
upon
the
Israelites
being
astonished
and
murmuring
against
Moses
,
giving
themselves
all
for
dead
men
;
Moses
sayd
unto
the
people
feare
ye
not
,
stand
still
,
and
see
the
Salvation
of
the
Lord
,
which
he
will
shew
to
you
this
day
:
for
the
AEgyptians
whom
you
have
seene
to
day
,
ye
shall
see
them
againe
no
more
for
ever
,
the
Lord
shall
fight
for
you
,
&c.
And
hereupon
God
himselfe
discomfited
routed
,
and
drowned
them
all
in
the
red
Sea
:
I
would
demaund
in
this
case
,
whether
the
Isralites
might
not
here
lawfully
(
for
their
owne
redemption
from
unjust
bondage
)
have
fought
against
and
resisted
their
Lord
,
King
Pharaoh
,
and
his
invading
Host
,
accompanied
with
his
presence
,
had
they
had
power
and
hearts
to
doe
it
,
as
well
as
God
himselfe
,
who
fought
against
and
destroyed
them
on
their
behalfe
;
If
so
,
(
as
all
men
I
thinke
must
grant
,
unlesse
they
will
censure
God
himselfe
)
then
a
defensive
warre
in
respect
of
life
and
liberty
onely
,
is
just
and
Lawfull
even
in
conscience
,
by
this
most
memorable
story
.
Thirdly
,
children
of
Israel
cryed
unto
the
Lord
,
the
Lord
raised
up
a
deliverer
to
them
even
Othniel
,
the
sonne
of
Kenaz
:
and
the
Spirit
of
the
Lord
came
upon
him
,
and
he
went
out
to
warre
,
and
the
Lord
delivered
Cushan-rishatiam
King
of
Mesopotamia
into
his
hands
,
and
his
hand
prevailed
against
him
,
so
the
land
had
rest
40.
yeeres
.
Loe
here
a
just
defensive
warre
approved
and
raised
up
by
God
and
his
Spirit
(
in
an
ordinary
manner
only
,
as
I
take
it
,
by
encouraging
the
Instruments
)
wherein
a
conquering
King
,
for
Redemption
former
liberties
,
is
not
onely
resisted
but
conquered
,
taken
prisoner
,
and
his
former
dominion
abrogated
,
by
those
that
served
him
,
as
conquered
subjects
.
Fourthly
,
Fifthly
,
Iudges
4.
23.
Curse
ye
Meroz
(
saith
the
Angel
of
the
Lord
)
curse
ye
bitterly
the
inhabitants
thereof
,
because
they
come
not
out
to
the
helpe
of
the
Lord
,
to
the
helpe
of
the
Lord
,
against
the
mighty
;
with
this
Corolary
;
so
that
thine
enemies
parish
O
Lord
:
but
let
them
that
love
thee
be
as
the
sunne
when
it
goeth
forth
in
his
might
.
What
more
can
conscience
desire
to
justifie
the
lawfulnesse
of
a
just
defensive
warre
?
Sixthly
,
Seventhly
,
a
woman
slew
him
:
whereupon
he
thrust
him
through
,
that
he
dyed
:
and
so
every
man
departed
to
his
place
.
Thus
God
rendred
the
wickednesse
of
Abimelech
,
and
all
the
evill
of
the
men
of
Shechem
upon
their
own
heads
,
Iudges
9.
So
the
Text.
Eightly
,
Ninthly
,
Tenthly
,
Abide
thou
with
me
,
feare
not
,
for
●e
that
seeketh
thy
life
seeketh
my
life
,
but
with
me
thou
shalt
be
in
safeguard
.
1
Sam.
22.
23.
Soone
after
the
Philistimes
beseiging
Keilah
,
David
by
Gods
encouragement
,
smote
them
and
saved
Keilah
;
intending
there
to
secure
himselfe
and
his
men
:
which
Saul
hearing
of
,
said
;
God
hath
delivered
him
into
my
hands
;
for
he
is
shut
in
by
entring
into
a
Towne
which
hath
gates
and
barres
,
whereupon
he
called
all
the
people
together
to
beseige
David
and
his
men
:
(
which
he
needed
not
doe
,
did
he
or
any
else
beleeve
,
that
they
would
not
,
ought
not
to
have
made
any
forcible
resistance
:
)
David
informed
hereof
;
enquired
seriously
of
God
,
whether
Saul
would
certainely
come
downe
?
and
demanded
twice
of
him
:
will
the
men
of
Keila
deliver
me
and
my
men
up
into
his
hand
?
And
the
Lord
said
,
they
will
deliver
thee
up
.
Had
not
David
and
his
men
resolved
to
fortifie
and
defend
themselves
there
,
if
the
men
of
Keilah
would
have
beene
faithfull
to
them
,
and
beleeved
they
might
have
resisted
Saul
with
his
Forces
,
certainely
he
would
never
have
presumed
to
aske
such
a
question
twice
together
of
God
himselfe
,
to
receive
his
resolution
therein
,
neither
would
God
have
vouchased
an
answere
thereto
:
but
his
double
inquirie
,
and
Gods
resolution
,
infallibly
demonstrate
his
intention
to
resist
,
and
the
lawfulnes
of
his
defensive
resistance
,
would
the
Keilites
have
adhered
to
him
.
This
the
very
next
words
fully
cleare
,
1
Sam.
23.
13.
Then
David
and
his
men
,
about
six
hundred
arose
,
and
departed
out
of
Keilah
,
and
went
wheresoever
they
could
goe
,
and
it
was
told
Saul
,
the
David
was
escaped
from
Keilah
:
Gods
prediction
of
the
Keilites
treachery
was
the
onely
cause
of
their
departure
thence
,
where
they
had
resolved
to
defend
themselves
,
of
which
hope
being
disappointed
beyond
expectation
,
they
want
whither
soever
they
could
goe
.
After
which
David
and
his
men
being
but
few
in
number
,
not
able
in
humane
probability
,
without
tempting
God
,
to
encounter
Sauls
great
Forces
,
retired
themselves
into
woods
,
mountaines
,
rocks
,
strong
holds
,
wildernesses
;
where
Saul
pursuing
them
,
they
still
declined
him
:
but
had
he
and
his
army
ever
assaulted
them
,
no
doubt
they
would
and
might
lawfully
have
defended
themselves
,
else
why
did
they
joyne
themselves
in
a
body
?
why
retire
to
strong
holds
,
and
places
of
advantage
?
why
[
*
](A91298-e26410-b)
*
1
Sam.
23
13.
to
29.
c.
24.
1.
to
20.
twice
urge
David
to
kill
Saul
in
cold
blood
,
when
he
did
not
actually
assault
him
,
but
came
causually
unawares
within
his
danger
?
Why
did
David
himselfe
,
say
,
even
when
he
spared
his
life
when
he
was
a
sleepe
,
1
Sam.
26.
10.
As
the
Lord
liveth
,
the
Lord
shall
smite
him
,
or
his
day
shall
come
to
dye
,
or
he
shall
descend
into
battell
and
perish
?
but
that
if
he
had
given
him
battle
,
he
might
have
defended
himselfe
against
him
,
though
Saul
should
casually
or
wilfully
perish
in
the
fight
?
And
why
was
David
so
importunate
to
goe
up
against
him
with
King
Achish
to
the
battle
wherein
he
perished
,
1
Sam.
29.
were
resistance
of
him
,
in
case
he
assaulted
him
,
and
his
Forces
utterly
unlawfull
?
This
precedent
of
David
then
,
if
rightly
weighed
,
is
very
punctuall
to
prove
the
justnesse
of
a
defensive
warre
,
(
of
which
more
anon
)
and
no
evidence
at
all
against
it
.
Eleventhly
,
Thus
saith
the
Lord
,
ye
shall
not
go
up
,
nor
fight
against
your
brethren
returne
every
man
to
his
house
,
FOR
THIS
IS
DONE
OF
ME
:
Whereupon
the
obeyed
the
Word
of
the
Lord
and
returned
:
1
Kings
12.
2
Chron.
c.
10.
and
11.
After
which
long
warres
continued
betweene
these
Kingdomes
by
reason
of
this
revolt
,
wherein
the
ten
Tribes
and
Kings
of
Israel
still
defended
themselves
with
open
force
,
and
that
justly
,
as
the
Scripture
intimates
2
Chron.
12.
14
15.
though
that
Ieroboam
and
the
Israelites
falling
to
Idolaty
,
were
afterwards
(
for
their
Idolatry
,
not
revolt
)
defeated
by
Abiah
and
the
men
of
Iudah
,
who
relied
upon
God
,
2
Chron.
13.
Twelfthly
,
Iehoram
,
Iehoshaphat
,
and
the
King
of
Edom
raising
a
great
Army
to
invade
them
,
the
Moalites
hearing
of
it
,
gathered
all
that
were
able
to
put
on
Armour
,
and
upward
,
and
stood
in
the
border
to
resist
them
.
2
King
.
3
4
to
27.
And
by
the
practise
of
the
Ed●mites
,
who
revolting
from
under
the
hand
of
Iudah
,
made
a
King
over
themselves
:
Whereupon
Ioram
King
of
Iudah
going
up
with
his
Forces
against
them
to
Zair
,
they
encompassed
him
,
in
their
owne
defence
;
and
though
they
fled
into
their
Tents
,
yet
they
revolted
from
Iudah
till
this
day
,
and
Libnah
too
,
2
Kings
8.
20
21.
22.
Thirteenthly
,
Fourteenthly
,
Fifteenthly
,
[
*
](A91298-e26970-b)
*
2
Chron.
36.
13.
Zech.
17.
10.
18.
19.
oath
;
)
whereby
they
provoked
God
to
give
them
up
to
the
will
of
their
enemies
,
and
to
remove
them
out
of
his
sight
,
2
King
.
c.
24.
&
25
2
Chr.
36.
Ier.
c.
37.
&
38
&
39.
Finally
,
by
the
History
of
the
Maccabees
and
whole
state
of
the
Iews
defensive
wars
under
them
,
which
though
but
Apochryphall
in
regard
of
the
compiler
,
yet
no
doubt
they
had
a
divine
Spirit
concurring
with
them
in
respect
of
the
managing
and
Actors
in
them
.
I
shall
give
you
the
summe
thereof
,
very
succinctly
.
Antio●us
Epiphanes
conquering
Ierusalem
,
spoyled
it
and
the
Temple
,
set
up
Heathenish
customes
and
Idolatry
in
it
,
subverted
Gods
worship
destroyed
the
Bookes
of
Gods
Law
,
forced
the
people
to
forsake
God
,
to
sacrifice
to
Idols
slew
and
persecuted
all
that
opposed
,
and
exercised
all
manner
of
Tyranny
against
them
.
Hereupon
Mattathias
a
Priest
and
his
Sonnes
,
moved
with
a
godly
zeale
,
refusing
to
obey
the
Kings
Command
in
falling
away
from
the
Religion
of
his
Fathers
,
slew
a
Iew
that
sacrificed
to
an
Idoll
in
his
presence
,
together
with
the
Kings
Commissary
,
who
compelled
men
to
Sacrifice
,
and
pulled
downe
their
Idolatrous
Altar
;
which
done
they
fled
into
the
mountaines
,
whither
all
the
well-affected
Iewes
repaired
to
them
.
Whereupon
the
Kings
Forces
hearing
the
premises
pursued
them
,
and
warred
against
them
on
the
Sabbath
day
;
whereupon
they
out
of
an
over-nice
superstition
[
o
](A91298-e27010-b)
o
1
Mac.
2
,
32.
to
42.
least
they
should
prophane
the
Sabbath
by
fighting
on
it
when
assaulted
,
answered
them
not
,
neither
cast
a
stone
at
them
,
nor
stopped
the
places
where
they
were
hid
,
but
said
,
let
us
dye
all
in
our
innocencie
;
heaven
and
earth
shall
testifie
for
us
,
that
your
put
us
to
death
wrongfully
,
whereupon
they
slew
both
them
,
their
wives
,
and
children
,
without
resistance
,
to
the
number
of
a
thousand
persons
.
Which
Mattathias
and
the
rest
of
their
friends
hearing
of
,
mourned
for
them
right
sore
,
and
said
one
to
another
(
marke
their
speech
)
if
we
all
doe
as
our
brethren
have
done
,
and
fight
not
for
our
lives
,
and
Lawes
against
the
Heathen
,
they
will
now
quickly
roote
us
out
of
the
earth
;
therefore
they
decreed
,
saying
;
whosoever
shall
come
to
make
battle
with
us
on
the
Sabbath
day
,
we
will
fight
against
him
,
neither
will
we
doe
all
as
our
brethren
,
that
were
murthered
in
their
secret
places
.
Whereupon
they
presently
gathered
and
united
their
Forces
,
assaulted
their
enemies
,
recovered
their
Cities
,
Lawes
,
Liberties
;
defended
themselves
manfully
,
and
fought
many
battles
with
good
successe
against
the
severall
kings
who
invaded
and
layd
claime
to
their
Country
,
as
you
may
reade
at
large
in
the
bookes
of
Maccabees
.
All
these
examples
,
(
most
of
them
mannaged
by
the
most
pious
,
religious
persons
of
those
dayes
,
prescribed
and
assisted
by
God
himselfe
,
whose
Spirit
specially
encouraged
,
strengthned
the
hands
and
Spirits
of
the
undertakers
of
them
(
as
[
p
](A91298-e27030-b)
p
Enchirid.
Controvers.
c.
9.
De
Magistrat
.
Polit.
Osiander
well
observes
,
)
and
therefore
cannot
be
condemned
as
unjust
,
without
blasphemy
and
impiety
:
)
in
my
opinion
are
a
most
cleare
demonstration
of
the
lawfulnesse
of
a
defensive
warre
(
in
point
of
Divinity
and
Conscience
)
against
Kings
and
their
Armies
who
wrongfully
invade
or
assault
their
Subjects
,
though
themselves
be
personally
present
in
their
armies
,
to
countenance
their
unlawfull
warres
;
and
likewise
evidence
,
that
a
Royall
title
gotten
forcibly
by
conquest
onely
,
though
continued
sundry
yeares
,
is
not
so
valid
in
point
of
conscience
,
but
that
it
may
be
safely
questioned
,
yea
rejected
;
there
being
no
true
lawfull
Title
of
Soveraignety
over
any
people
,
but
that
which
originally
depends
upon
their
owne
free
election
,
and
unconstrained
subjection
simply
considered
,
or
which
is
subsequently
seconded
therewith
after
a
possession
got
by
force
or
conquest
.
Now
that
the
kings
personall
presence
cannot
justifie
the
unjust
actions
,
or
protect
the
persons
of
those
that
assist
him
in
any
unlawfull
action
contrary
to
the
Lawes
of
God
,
or
the
Realme
,
is
a
truth
so
evident
,
that
it
needes
no
proofe
,
it
being
no
part
of
the
kings
Royall
prerogative
or
Office
,
but
diametrally
repugnant
to
it
,
either
to
doe
injury
himselfe
,
or
to
authorize
,
or
protect
others
in
committing
it
,
as
I
have
elsewhere
proved
at
large
.
Therefore
it
can
administer
no
patronage
nor
defence
at
all
to
those
who
accompany
his
person
in
the
unjust
invasions
of
his
Subjects
,
nor
dis-able
them
to
defend
or
repulse
their
unjust
assaults
and
rapines
.
For
suppose
a
King
should
so
farre
degenerate
and
dishonour
himselfe
,
as
personally
to
accompany
a
packe
of
theeves
who
should
rob
his
subjects
on
the
high
way
,
break
up
their
houses
in
the
night
,
or
practise
Piracie
on
the
Sea
,
or
commit
Rapes
or
murthers
on
his
people
every
where
;
I
thinke
no
man
so
voyd
of
Reason
,
Law
,
Conscience
,
but
would
readily
grant
,
that
the
Subjects
in
all
these
cases
might
lawfully
defend
themselves
by
force
against
these
Robbers
,
Theeves
,
Murtherers
,
notwithstanding
the
Kings
presence
or
association
with
them
,
whose
personall
Prerogatives
,
and
immunity
from
assaults
or
violence
being
incommunicable
,
underivable
to
any
other
,
and
peculiar
to
himselfe
alone
,
he
can
transfere
no
such
protection
to
others
who
accompany
him
in
their
injurious
practises
;
and
that
these
Acts
of
theirs
are
direct
fellonie
and
murther
,
for
which
they
might
be
justly
apprehended
,
condemned
,
executed
,
though
thus
countenanced
by
the
Kings
owne
presence
.
And
if
this
be
truth
(
as
our
Law-bookes
resolve
,
and
the
Scripture
to
in
places
forecited
)
the
kings
presence
can
no
more
deprive
the
subjects
of
their
necessary
just
defence
against
his
Popish
Forces
,
assaults
,
nor
justifie
their
proceedings
,
or
the
present
unjust
offensive
warre
,
then
in
the
former
cases
,
there
being
the
selfe-same
reason
in
both
;
warres
being
in
truth
,
but
greater
and
more
detestable
Murders
,
and
Robberies
,
when
they
are
unjust
,
as
[
q
](A91298-e27060-b)
q
Epist.
l.
2.
Ep.
2.
Donar●
Cyprian
,
[
r
](A91298-e27080-b)
r
De
Ciu.
Dei
.
l.
4.
c.
4.
Augustine
,
with
[
s
](A91298-e27110-b)
s
O
siander
;
Enchrid
.
Cont
c.
9.
De
Polit.
Magist-au
3.
p.
203.
Abber
.
Gentillū
de
Iure
Bellit
.
l.
1.
c.
5.
Hugo
Grotius
,
de
Iure
Belli
l.
2.
c.
1
§.
2.
others
rightly
define
.
Thirdly
,
personall
unjust
assaults
and
violence
even
of
Kings
themselves
may
in
some
cases
lawfully
be
resisted
by
subjects
;
This
Doctor
Ferne
himselfe
acknowledgeth
,
Sect.
2.
p.
9.
Personall
defence
is
lawfull
against
the
sudden
(
much
more
then
against
the
premeditated
)
and
illegall
assaults
of
such
Messengers
of
the
King
;
yea
,
OF
THE
PRINCE
HIMSELFE
THVS
FARRE
,
to
ward
his
blowes
,
to
hold
his
hands
and
the
like
:
not
to
endanger
his
person
,
not
to
returne
blowes
;
no
:
for
though
it
be
naturall
to
defend
a
mans
selfe
,
yet
the
whole
common-wealth
is
concerned
in
his
person
:
the
king
therefore
himselfe
,
(
much
more
in
his
Cavalliers
)
may
thus
farre
at
least
safely
be
resisted
in
point
of
conscience
.
And
that
he
may
be
so
indeed
is
manifest
by
two
pregant
Scripture
examples
,
The
first
is
that
of
King
Saul
,
1
Sam
14.
38.
to
46.
where
Ionathan
and
his
Armour-bearer
,
routing
the
Philistimes
whole
Army
,
violated
his
Father
Sauls
command
,
of
which
he
was
wholy
ignorant
in
taking
a
little
honey
one
the
end
of
his
sticke
in
the
pursuite
;
hereupon
king
Saul
,
most
rashly
and
unjustly
vowed
twice
one
after
another
,
to
put
him
to
death
:
whereupon
the
people
much
discontented
with
this
injustice
,
were
so
farre
from
submitting
to
the
Kings
pleasure
in
it
,
that
they
presently
said
to
the
king
:
shall
Jonathan
dye
,
who
hath
wrought
so
great
Salvation
in
Israel
?
God
forbid
:
As
the
Lord
liveth
there
shall
not
one
haire
of
his
head
fall
to
the
ground
,
So
the
people
,
RESCVED
JONATHAN
that
he
dyed
not
;
though
he
were
not
onely
King
Sauls
Subject
,
but
Sonne
too
.
Indeede
it
appeares
not
in
the
Text
,
that
Saul
offered
any
violence
to
Ionathans
person
,
or
the
people
to
Sauls
:
and
it
may
be
the
peoples
peremptory
vow
and
unanimous
resolution
to
defend
Jonathan
,
from
this
unjust
sentence
of
death
against
him
,
made
Saul
desist
from
his
vowed
bloody
intendment
:
but
the
word
rescued
,
with
other
circumstances
in
the
story
,
seeme
to
intimate
,
that
Ionathan
was
in
hold
to
be
put
to
death
,
and
that
the
people
forcibly
rescued
him
,
out
of
the
executioners
hands
.
However
,
certainely
their
vow
and
speeches
declare
,
that
if
Saul
himselfe
or
any
other
by
his
commanded
had
assaulted
Ionathan
to
take
away
his
life
,
they
[
*
](A91298-e27350-b)
*
Josephas
Antiq.
Judae
l.
4.
c.
8
,
p.
104.
would
have
forcibly
resisted
them
and
preserved
his
life
,
though
with
losse
of
their
owne
,
beleeving
they
might
lawfully
doe
it
,
else
they
would
not
have
made
this
resolute
vow
;
nor
could
they
have
performed
it
,
had
Saul
wilfully
proceeded
,
but
by
a
forcible
rescue
and
resistance
of
his
personall
violence
.
The
other
is
that
of
king
Vzziah
,
2
Chron.
27.
16.
to
22.
who
presumptuously
going
into
the
Temple
against
Gods
Law
,
to
burne
incense
on
the
Altar
,
Azariah
the
high
Priest
,
and
with
him
fourescore
Priests
of
the
Lord
,
that
were
valiant
men
went
in
after
him
,
and
WITHSTOOD
(
or
resisted
)
Vzziah
the
king
;
and
said
unto
him
;
It
appertaineth
not
unto
thee
Vzziah
to
burne
incense
unto
the
Lord
,
but
to
the
Priests
the
sonnes
of
Aaron
,
that
are
consecrated
to
burne
insence
:
go
out
of
the
Sanctuary
for
thou
hast
trespassed
,
neither
shall
i●
be
for
thine
honour
from
the
Lord
God
.
Then
Vzziah
was
wroth
,
and
had
a
censor
in
his
hand
to
burne
incense
,
and
whiles
he
was
wroth
with
the
Priests
,
the
Leprosie
rose
up
in
his
forehead
:
And
Azariah
,
and
all
the
Priests
looked
upon
him
,
and
behold
he
was
Leprous
in
his
forehead
:
AND
THEY
THRVST
HIM
OVT
FROM
THENCE
;
yea
himselfe
hasted
also
to
goe
out
,
because
the
Lord
had
smitten
him
.
If
then
these
Priests
thus
actually
resisted
King
Vzziah
in
this
sinfull
Act
,
thrusting
him
perforce
out
of
the
Temple
when
he
would
but
offer
incense
;
much
more
might
they
,
would
they
have
done
it
,
had
he
violently
assaulted
their
persons
.
If
any
king
shall
unjustly
assault
the
persons
of
any
private
Subjects
,
men
or
women
,
to
violate
their
lives
or
chastities
(
over
which
they
have
no
power
)
I
make
no
doubt
,
that
they
may
and
ought
to
bee
resisted
,
repulsed
,
even
in
point
of
conscience
,
but
not
slaine
;
though
many
kings
have
lost
their
lives
,
upon
such
occasions
:
as
[
s
](A91298-e27430-b)
s
Philip.
de
Melanct
,
Chr.
l.
4.
Dr
Beards
Theatre
of
Gods
Iudgement
l.
2.
c.
29.
p.
400.
Rodoaldus
the
8.
king
of
Lumbardy
Anno
659.
being
taken
in
the
very
act
of
adultery
by
the
adulteresses
husband
,
was
slaine
by
him
without
delay
;
and
how
kings
attempting
to
murther
private
Subjects
unjustly
,
have
themselves
beene
sometimes
wounded
,
and
casually
slaine
,
is
so
rise
in
stories
,
that
I
shall
forbeare
examples
:
concluding
this
with
the
words
of
[
t
](A91298-e27480-b)
t
Num.
16.
Rom.
13.
1.
to
6.
1
Pet.
2.
13.
14.
Iosephus
,
who
expressely
writes
.
That
the
King
of
the
Israelites
(
by
Gods
expresse
Law
,
Deut.
17.
)
was
to
doe
nothing
without
the
consent
of
the
high
Priest
and
Senate
,
nor
to
multiply
money
and
horses
over
much
,
which
might
easily
make
him
a
contemner
of
the
Lawes
;
and
if
he
addicted
himselfe
to
these
things
more
than
was
fitting
.
HE
WAS
TO
BE
RESISTED
,
least
he
became
more
powerfull
then
was
expedient
for
their
affaires
.
To
these
Authorities
,
I
shall
onely
subjoyne
these
5.
undeniable
arguments
to
justifie
Subjects
necessary
defensive
wars
,
to
be
lawful
in
point
of
conscience
against
the
persons
and
Forces
of
their
injuriously
invading
Soveraignes
.
First
,
[
u
](A91298-e27540-b)
u
Esay
.
14.
19.
to
23.
Ezech.
44.
15.
16.
17.
Zech.
11.
4.
5.
●
King
.
25.
2
King
.
24.
4.
unlawfull
by
the
Edicts
of
God
and
man
;
and
because
kings
in
such
case
,
have
no
other
meanes
left
to
preserve
their
Royall
persons
,
and
just
authoritie
against
offensive
armed
Rebellions
,
but
offensive
armes
:
Therefore
Subj●cts
by
the
selfe-same
grounds
,
may
justly
with
safe
consciences
resist
,
repulse
,
suppresse
the
unjust
assayling
military
Forces
of
their
kings
in
the
case
fore-stated
,
though
the
king
himselfe
be
personally
present
and
assistant
,
because
[
*
](A91298-e27550-b)
*
Estates
upon
Credit
,
1
:
Sect.
378.
379.
2
Part.
1.
p.
51.
to
74.
such
a
war
is
unlawfull
by
the
resolution
of
God
and
men
,
and
against
the
oath
,
the
duty
of
kings
:
and
because
the
subjects
in
such
cases
have
no
other
meanes
left
to
preserve
their
persons
,
lives
,
liberties
,
estates
,
religion
,
established
government
from
certaine
ruin
,
but
defensive
Armes
.
There
is
the
selfe
same
reason
in
both
cases
,
being
relatives
,
therefore
the
selfesame
Law
and
Conscience
in
both
.
Secondly
,
that
the
King
shall
well
and
truely
preserve
the
Realme
,
and
do
that
which
to
such
Office
belongeth
;
which
condition
our
king
by
an
expresse
oath
to
all
his
people
solemnely
taken
at
their
Coronation
,
with
other
Articles
expressed
in
their
oath
(
formerly
recited
)
is
really
bound
both
in
Law
and
Conscience
exactly
to
performe
,
being
admitted
and
elected
king
by
the
peoples
suffrages
upon
solemne
promise
,
[
a
](A91298-e27600-b)
a
Part.
1.
p.
51.
to
observe
the
same
condition
to
the
uttermost
of
his
power
,
[
b
](A91298-e27610-b)
b
De
Princip.
l.
1.
2.
3.
6.
as
I
have
a
[
c
](A91298-e27620-b)
c
Praefat
,
ad
Ruh
.
de
collationibus
,
p.
583
584.
elsewhere
cleared
.
Now
it
is
a
cleare
case
resolved
by
[
f
](A91298-e27640-b)
f
Gen.
9.
9.
16.
c.
17.
7.
13.
Ps.
89.
28.
34.
Ps.
105.
10.
Ps.
111.
9.
Esay
55.
3.
Esay
33.
20.
21.
Iosh.
21.
45.
c.
23.
14.
Heb
6.
17.
18.
Marius
Salomonius
,
confirmed
at
large
by
Rebussus
by
12.
unanswerable
reasons
,
the
Authorities
of
sundry
Civill
Lawyers
,
and
Canonists
quoted
by
hi●
;
agreed
by
[
d
](A91298-e27680-b)
d
De
Iure
Belli
.
l.
2.
c.
12
,
13.
l.
3
c.
14
,
15
,
16.
Albericus
Gentiles
and
Hugo
Grotius
,
[
e
](A91298-e27720-b)
e
De
Iure
belli
&
Pacis
l.
2.
c.
11.
12
,
13
,
24.
who
both
largely
dispute
it
;
That
Kings
as
well
as
Subjects
are
really
bound
to
performe
their
Covenants
,
Contracts
.
Conditions
,
especially
those
they
make
to
all
their
Subjects
,
and
ratifie
with
an
Oath
;
since
God
himselfe
who
is
most
absolute
,
is
yet
mostf
firmly
oblieged
by
his
Oathes
and
Covenants
made
to
his
despicable
vile
ereatures
,
sinfull
men
;
and
never
violates
them
in
the
least
degree
.
If
then
these
conditions
and
Oathes
be
firme
and
obligatory
to
our
kings
;
if
they
will
obstinately
breake
them
,
by
violating
their
Subjects
Lawes
,
Liberties
,
Properties
,
and
making
actuall
warre
upon
them
;
the
condition
and
Oath
too
would
be
meerely
voyde
,
ridiculous
,
absur'd
,
an
high
taking
of
the
Name
of
God
in
vaine
,
yea
a
plaine
delusion
of
the
people
,
if
the
whole
State
or
people
in
their
owne
defence
might
not
justly
take
up
Armes
,
to
resist
their
kings
and
their
malignant
Forces
in
these
persidious
violations
of
trust
,
conditions
,
oaths
;
and
force
them
to
make
good
their
oath
and
covenants
,
when
no
other
means
will
induce
them
to
it
.
Even
as
the
Subjects
oath
of
homage
and
allegiance
[
g
](A91298-e27770-b)
g
Grotius
De
Iure
Belli
l.
2.
c.
14.
Sect.
3.
would
be
meerely
frivilous
,
if
kings
had
no
meanes
nor
coercive
power
to
cause
them
to
observe
these
oathes
,
when
they
are
apparently
broken
:
and
many
whole
kingdomes
had
been
much
over
seene
in
point
of
Policie
,
or
prudence
,
in
prescribing
such
conditions
and
oaths
unto
their
kings
,
had
they
reserved
no
lawfull
power
at
all
which
they
might
lawfully
exercise
in
point
of
conscience
,
to
see
them
really
performed
,
and
duely
redressed
,
when
notoriously
transgressed
,
through
wilfulnesse
,
negligence
,
or
ill
pernicious
advice
.
Thirdly
,
Pope
Nicholas
,
and
[
*
](A91298-e27820-b)
*
Caus
.
23.
quest.
8.
Suri
.
Concil.
Tom.
3
p.
520.
Gratian
resolve
in
these
words
.
If
there
be
no
necessity
we
ought
at
all
times
to
abstaine
from
warres
,
but
if
inevitable
necessity
urge
us
,
we
ought
not
to
abstaine
from
warres
,
and
warlike
preparations
for
the
defence
of
our selves
,
of
our
Country
,
and
paternall
Lawes
,
no
not
in
Lent
,
least
man
should
seeme
to
tempt
God
,
if
when
he
hath
meanes
,
he
provide
not
for
his
owne
and
others
safety
,
and
prevents
not
the
Detriments
of
holy
religion
.
Fourthly
,
[
b
](A91298-e27870-b)
b
Cajetan
.
2●
.
●ae
.
qu.
4.
ar.
1.
Ambrose
,
Offic.
l.
1.
c.
36
Summa
:
Angelica
,
Rosella
&
Sylvester
,
Tit.
Bellum
,
and
the
Clossers
on
Gratian.
Causa
.
23.
qu.
3.
those
injuries
which
Allies
and
other
neighbour
States
or
Princes
may
with
good
Conscience
repulse
with
Armes
from
Subjects
wrongfully
oppressed
,
invaded
tyrannically
by
their
Soveraignes
,
or
their
wicked
Instruments
,
at
,
or
without
the
Subjects
intreaty
,
when
they
are
unable
to
relieve
themselves
:
no
doubt
the
Subjects
themselves
,
if
able
,
may
with
better
reason
,
and
as
good
Conscience
resist
and
repell
;
because
every
man
is
[
u
](A91298-e27910-b)
u
Lev.
19.
18.
Mat.
22.
39.
Rom
9.
3.
c.
14.
4.
1
Cor.
9.
27.
Phil.
2.
12.
1
Tim.
5.
8
nearer
,
and
more
oblieged
to
defend
and
preserve
himselfe
and
those
of
his
owne
Nation
,
Religion
,
blood
,
then
strangers
are
,
and
may
with
lesse
publick
danger
,
inconvenience
,
and
more
speede
effect
it
,
then
Forraigners
:
but
Allies
and
Forraigne
Neighbour
States
and
Princes
,
as
[
x
](A91298-e27930-b)
x
Dist.
23.
qu.
3.
to
8.
Gratian
(
o●t
of
the
5.
Councell
of
Carthage
;
Augustine
,
Ambrose
,
Hierom
,
Anastatius
,
Calistus
and
other
)
[
y
](A91298-e27970-b)
y
De
Jure
Bell.
l.
1.
c.
14.
15.
16.
Albericus
Gentilis
,
[
z
](A91298-e28000-b)
z
Common-weale
.
l.
2.
c.
5.
l.
5.
c.
6.
Sect.
2.
l.
3.
c.
25.
Sect.
4.
5.
6.
John
Bodin
,
a
Huga
Grotius
,
and
Generally
all
●●nonists
,
Casuists
,
Scho●lemen
accord
,
may
in
many
cases
with
good
conscience
,
by
for●
of
Arms
repulse
from
Subjects
wrongfully
oppressed
,
invaded
,
and
tyrannically
abused
,
the
injuries
offered
them
by
their
Soveraignes
;
and
that
either
at
,
and
in
some
cases
without
the
Subjects
intreaty
:
Which
they
prove
by
Moses
his
slaying
the
AEgyptian
that
oppressed
the
Hebrew
.
Exod.
2.
11.
to
15.
by
Joshua
his
ayding
of
the
Gibeonites
against
the
five
Kings
that
made
war
against
them
,
Josh.
10.
by
the
example
of
Jehoshaphat
,
1
Kin.
22.
2
Kings
3.
Of
the
chiefe
.
Captaines
securing
Paul
with
a
gard
of
Souldiers
against
the
Iews
who
had
vowed
his
death
,
Acts
23.
by
Abrahams
rescuing
Lot
,
Gen.
14.
by
sundry
ancie●t
and
late
Examples
in
story
.
Therfore
Subjects
themselves
no
doubt
if
able
,
may
with
good
reason
and
conscience
,
lawfully
resist
,
and
repell
their
Princes
invading
Forces
,
though
accompanied
,
assisted
with
his
personall
presence
.
Fifthly
,
It
is
yeelded
by
all
Divines
,
Lawyers
,
Canonists
,
Schoolemen
;
as
[
c
](A91298-e28200-b)
c
Caus
.
23.
qu.
1.
2.
Gratian
,
[
d
](A91298-e28220-b)
d
1a
.
2ae
.
qu.
●
art.
10.
&
qu.
64.
ar.
7.
dub
.
4.
Ban●es
,
[
e
](A91298-e28240-b)
e
l.
4.
disp.
5.
art.
10.
l.
5
qu.
1.
art.
8.
Seto
,
[
f
](A91298-e28280-b)
f
lib.
21.
c.
9.
du
.
8.
Lessius
,
[
g
](A91298-e28310-b)
g
l.
1.
Contr
Illust.
18.
Vasquius
,
[
h
](A91298-e28340-b)
h
p.
3.
Covaruvi●s
,
[
i
](A91298-e28360-b)
i
n
2.
2.
2
ae
.
qu.
64
art.
〈◊〉
Aquinas
,
[
k
](A91298-e28380-b)
k
Verbo
Bellum
,
par.
〈◊〉
n.
3.
&
p.
2.
&
Homicidium
.
3.
q.
4.
Sylvester
,
[
l
](A91298-e28410-b)
l
ad
l.
ut
vim.
Di
de
Just.
&
Iure
.
Bartolus
,
[
m
](A91298-e28440-b)
m
In
rep.
l.
1.
&
unde
vi
.
Baldus
,
[
n
](A91298-e28470-b)
n
l.
11.
c.
3.
n.
147.
Navarre
,
[
o
](A91298-e28500-b)
o
De
Iure
Bel.
l.
1.
c.
13.
14.
Albericus
Gentilis
,
[
p
](A91298-e28530-b)
p
De
Jure
Bel.
l.
2.
c.
〈◊〉
Grotius
and
others
,
that
private
men
by
the
Law
of
God
,
and
nature
,
may
in
defence
of
their
lives
,
chastities
,
principall
members
,
and
estates
,
lawfully
resist
all
those
who
forcibly
assault
them
,
to
deprive
them
thereof
;
yea
and
slay
them
to
,
unlesse
they
be
publicke
persons
of
eminencie
,
by
whose
slaughter
the
Commonweale
should
sustaine
much
prejudice
,
whose
lives
in
such
cases
must
not
be
willingly
hazzarded
,
though
their
violence
be
resisted
:
which
is
cleerely
prooved
by
Iudges
11.
8.
15.
to
18.
1
Sam.
17.
41.
to
53.
Deut.
22.
26.
27.
since
therefore
all
these
are
apparently
indangered
by
an
invasive
warre
and
Army
,
more
then
by
any
private
assaults
;
and
no
ayde
,
no
assistance
or
protection
against
the
losse
of
life
,
chastitie
,
estate
,
and
other
violences
,
injuries
which
accompany
wars
can
be
expected
from
the
Lawes
,
or
Prince
himself
(
the
fountaine
of
this
injustice
,
)
or
legall
punishments
inflicted
on
the
malefactors
,
whose
armed
power
being
above
the
reach
of
common
justice
,
and
injuries
countenanced
,
abetted
,
authorised
by
the
Soveraine
who
should
avenge
and
punish
them
,
every
subject
in
particular
,
and
the
whole
state
in
Parliament
assembled
in
generall
,
may
and
ought
in
point
of
conscience
joyntly
and
severally
to
defend
themselves
,
their
neighbours
,
brethren
,
but
especially
their
native
Countrey
,
Kingdome
,
whose
generall
safety
is
to
be
preferred
before
the
lives
of
any
particular
persons
,
how
great
or
considerable
soever
,
which
may
be
casually
hazarded
by
their
owne
wilfulnesse
,
though
not
purposely
endangered
or
cut
off
in
the
defensive
incounter
,
by
those
who
make
resistance
.
And
if
(
according
to
[
q
](A91298-e28580-b)
q
2
2.
Ar.
6.
7.
q
2.
Card.
qu.
33.
li
1.
Petr.
Nau.
l.
11.
Ca
3.
n.
147.
Grotius
.
de
Iure
Belli
.
l.
2.
c.
1.
Sect.
4.
Cajetan
and
other
Schoolemen
,
)
Innocents
which
onely
casually
hinder
ones
flight
from
a
mortall
enemie
may
be
lawfully
with
good
conscience
slaine
by
the
party
pursued
,
in
case
where
he
cannot
else
possibly
escape
the
losse
of
his
owne
life
,
because
every
mans
owne
life
is
dearer
to
him
then
anothers
,
which
he
here
takes
away
onely
to
preserve
his
owne
life
,
without
any
malicious
murtherous
intent
,
though
others
doubt
of
this
case
:
or
if
innocent
persons
set
perforce
in
the
front
of
unjust
assailants
(
as
by
the
Cavalleires
at
Brainford
and
elsewhere
,
)
to
prevent
defence
,
and
wrong
others
with
more
securitie
and
lesse
resistance
,
may
casually
be
slain
,
(
though
not
intentionally
)
by
the
defensive
party
(
as
I
thinke
they
may
)
for
prevention
of
greater
danger
and
the
publicke
safety
;
[
r
](A91298-e28640-b)
r
See
the
Relation
of
Brainford
.
then
certainely
those
of
publicke
place
and
Note
;
who
wilfully
and
unnaturally
set
themselves
to
ruine
their
Country
,
Liberty
,
Religion
,
Innocent
brethren
(
who
onely
act
the
defensive
part
,
)
and
voluntarily
intrude
themselves
into
danger
,
may
questionlesse
with
safe
conscience
be
resisted
,
repulsed
:
in
which
if
they
casually
chance
to
lose
their
lives
without
any
malice
or
ill
intention
in
the
defendants
,
it
being
onely
through
their
owne
default
,
such
a
casuall
accident
when
it
happens
,
or
the
remote
possibility
of
it
in
the
combate
before
it
begins
,
cannot
make
the
resistance
either
unjust
or
unlawfull
in
point
of
conscience
;
for
then
such
a
possibility
of
danger
to
a
publike
person
should
make
all
resistance
unlawfull
,
deprive
the
Republicke
wholly
of
this
onely
remedy
against
tyrannicall
violence
,
and
expose
the
whole
common-weale
to
ruine
,
whose
weale
and
safety
,
is
to
be
preferred
before
the
life
or
safety
of
any
one
member
of
it
whatsoever
.
Having
thus
at
large
evinced
the
lawfulnesse
of
Subjects
necessary
forcible
resistance
,
&
defensive
wars
against
the
unjust
offensive
Forces
of
their
Soveraignes
;
I
shall
in
the
next
place
answere
the
principall
arguments
made
against
it
,
some
whereof
(
for
ought
I
finde
)
are
yet
unanswered
.
These
Objections
are
of
foure
sorts
,
out
of
the
Old
Testament
,
the
New
;
from
reason
,
from
the
example
of
the
primitive
Christians
,
backed
with
the
words
of
some
Fathers
;
I
shall
propound
and
answere
them
in
order
.
The
first
out
of
the
Old
Testament
,
[
u
](A91298-e28710-b)
u
Dr.
Ferne
Sect.
2.
p.
●0
.
Korah
,
Dathan
,
and
Abiram
for
their
insurrection
against
that
very
divine
Authority
which
God
himselfe
had
delegated
to
Moses
and
Aaron
,
without
any
injury
or
injustice
at
all
once
offered
to
them
or
any
assault
upon
them
.
Ergo
(
marke
the
Non-sence
of
this
argumentation
)
no
Subjects
may
lawfully
take
up
meere
necessary
defensive
Armes
in
any
case
to
resist
the
bloody
Tyrannie
,
Oppression
,
and
outrages
of
wicked
Princes
,
or
their
Cavalleires
,
when
they
make
warre
upon
them
to
destroy
or
enslave
them
.
An
Argument
much
like
this
in
substance
.
The
next
is
this
,
[
*
](A91298-e28870-b)
*
An
appeale
to
thy
Conscience
.
p.
3.
4.
5.
Eccl.
10.
20.
Curse
not
the
King
no
not
in
thy
thought
,
and
curse
not
the
rich
in
thy
bed-Chamber
;
(
which
is
well
explained
by
Prov.
17.
26.
It
is
not
good
to
strike
Princes
for
equitie
.
)
Ergo
it
is
unlawfull
for
the
Subjects
to
defend
themselves
against
the
Kings
Popish
depopulating
Cavaleers
.
I
answer
,
rich
men
as
well
as
Kings
.
They
may
as
well
argue
then
from
these
texts
:
that
no
Iudges
nor
under-rulers
,
nor
rich
men
whatsoever
,
though
never
so
unjust
or
wicked
,
may
or
ought
in
conscience
to
be
resisted
in
their
unjust
assaults
,
Riots
,
Robberies
,
no
though
they
be
bent
to
subvert
Religion
,
Lawes
,
Liberties
:
as
that
the
King
and
his
Souldiers
joyntly
or
severally
considered
,
may
not
be
resisted
:
yea
,
these
acute
disputants
may
argue
further
by
this
new
kinde
of
Logicke
:
Christians
are
expresly
prohibited
to
curse
or
revile
any
man
whatsoever
,
under
paine
of
damnation
,
Rom.
12.
14.
Mat.
5.
44.
Levit.
19
14.
Numb
.
23.
7.
8.
2
Sam.
16.
9.
Levit.
20.
9.
c.
24
P
1.
14.
23.
Levit.
20.
9.
Prov.
20.
20.
1
Cor.
6.
10
1
Cor.
4.
12.
1
Pet.
2.
23.
Jude
9.
Ergo
,
we
ought
to
resist
no
man
whatsoever
,
(
no
not
a
theefe
that
would
rob
us
,
cut-throate
Cavaleers
that
would
murther
us
,
lechers
that
would
ravish
us
)
under
paine
of
damnation
.
What
pious
profitable
Doctrine
,
thinke
you
,
is
this
:
All
cursings
and
railings
are
simply
unlawfull
in
themselves
:
all
resistance
is
not
so
,
especially
that
necessary
we
now
discourse
of
,
against
unlawfull
violence
to
ruine
Church
and
State
.
To
argue
therefore
,
all
resistance
is
simply
unlawfull
,
because
cursing
and
reviling
(
of
a
different
nature
)
are
so
,
is
ill
Logicke
,
and
worse
Divinity
.
If
the
objectors
will
limit
their
resistance
,
(
to
make
the
Argument
sensible
,
)
and
propose
it
thus
:
All
cursing
and
reviling
of
Kings
and
Rulers
for
executing
justice
impartially
(
for
so
is
the
chiefe
intendment
of
the
place
objected
,
delinquents
being
apt
to
clamour
against
those
who
justly
censure
them
)
is
unlawfull
;
Ergo
the
forcible
resisting
of
them
in
the
execution
of
justice
and
their
lawfull
authority
is
unlawfull
:
the
sequell
I
shall
grant
,
but
the
Argument
will
be
wholy
impertinent
,
which
I
leave
to
the
Objectors
to
refine
.
The
third
Argument
is
this
:
[
p
](A91298-e29010-b)
p
An
Appeale
to
thy
Conscience
.
p.
2.
But
taking
up
Armes
peculiarly
belongeth
to
he
Lord
.
Deut
32.
35.
Where
the
Lord
saith
,
vengeance
is
mine
:
especially
the
sword
,
which
of
all
temporall
vengeance
is
the
greatest
.
The
Objector
puts
no
Ergo
,
The
fourth
is
,
[
q
](A91298-e29120-b)
q
Appeale
to
thy
Conscience
.
p.
3.
Eccles.
8.
2.
3.
4.
I
councell
thee
to
keepe
the
Kings
Commandment
and
that
in
regard
of
the
Oath
of
God
:
Be
not
hasty
to
goe
out
of
his
sight
,
stand
not
in
an
evill
thing
;
for
he
doth
whatsoever
pleaseth
him
:
where
the
word
of
a
king
is
there
is
power
;
and
who
may
say
unto
him
,
what
dost
thou
?
This
Text
administers
the
Opposites
a
double
Argument
,
The
second
,
this
:
The
king
may
lawfully
do
whatsoever
pleaseth
him
Ergo
,
neither
are
He
,
or
his
Forces
to
be
resisted
.
To
which
I
answer
,
that
this
verse
relates
onely
unto
God
,
the
next
antecedent
;
who
onely
doth
and
may
doe
what
he
pleaseth
,
and
that
both
in
heaven
and
earth
,
Psal.
135.
6.
Psal.
115.
3
Esay
46.
10.
not
to
Kings
who
neither
may
nor
can
doe
what
they
please
in
either
,
being
bound
both
by
the
Laws
of
God
,
man
,
and
their
Coronation
Oathes
(
perchance
the
oath
of
God
here
meant
,
rather
then
that
of
supremacie
or
alleigance
)
to
doe
[
r
](A91298-e29200-b)
r
Sam.
23.
3.
Esay
32.
1.
c.
16.
5.
c.
9.
7.
2
Chron.
9.
8.
onely
what
is
lawfull
and
just
,
not
what
themselves
shall
please
.
But
admit
it
meant
of
Kings
,
not
God
:
First
the
text
saith
not
,
that
a
king
may
lawfully
doe
what
he
pleaseth
:
but
he
doth
whatsoever
pleaseth
him
:
Solom●n
himselfe
[
s
](A91298-e29230-b)
s
1
King
.
c.
11.
&
12.
2
Chr.
c
9.
&
10.
&
11.
Neh.
13.
26.
committed
idolatry
,
built
Temples
for
Idolatrous
worship
,
served
his
idolatrous
wives
Gods
,
married
with
many
idolatrous
wives
,
greivously
oppressed
his
people
,
&c.
for
which
God
threatned
to
rent
the
kingdome
from
himself
,
as
he
did
the
ten
Tribes
from
his
son
,
for
those
sinnes
of
his
:
[
t
](A91298-e29240-b)
t
2
Sam.
c.
11.
&
12.
&
34.
David
committed
adultery
,
and
wilfully
numbred
the
people
;
and
what
King
Jeroboam
,
Manasseh
,
Ahab
,
other
wicked
Kings
have
done
,
out
of
the
pleasure
and
freedome
of
their
lawlesse
wills
,
to
the
infinite
dishonour
of
God
,
the
ruine
of
themselves
,
their
posterities
,
Kingdomes
,
is
sufficiently
apparent
in
[
u
](A91298-e29270-b)
u
In
the
bookes
of
Kings
,
Chronicles
,
Ieremiah
,
and
Daniel
.
Scripture
;
was
all
therefore
just
,
lawfull
,
unblameable
,
because
they
did
herein
whatsoever
they
pleased
,
not
what
was
pleasing
to
God
?
If
not
,
as
all
must
grant
:
then
your
foundation
failes
;
that
Kings
may
lawfully
doe
whatsoever
they
will
;
and
Solomons
words
must
be
taken
all
together
not
by
fragments
;
and
these
latter
words
coupled
with
the
next
preceeding
;
Stand
not
in
an
evill
matter
:
and
then
Pauls
words
will
well
interpret
his
,
Rom.
13.
4.
But
if
thou
doe
that
which
is
evill
be
afraid
,
for
he
beareth
not
the
sword
in
vaine
,
for
he
is
the
minister
of
God
,
a
revenger
to
execute
wrath
upon
them
that
doe
evill
.
So
that
the
genuine
sence
of
the
place
is
,
and
must
be
this
.
Stand
not
in
an
evill
matter
,
for
the
king
path
an
absolute
power
to
doe
whatsoever
he
pleaseth
,
in
way
of
justice
to
punish
thee
,
if
thou
continue
obstinate
in
thy
evill
courses
;
to
pardon
thee
,
if
thou
confesse
,
submit
,
and
crave
pardon
for
them
.
Ergo
,
the
king
and
his
Cavalleeres
have
an
absolute
power
to
murther
,
plunder
,
destroy
his
Subjects
,
subvert
Religion
,
and
he
and
his
Forces
must
not
herein
be
resisted
,
is
an
ill
consequent
from
such
good
premises
.
The
third
is
this
:
Where
the
word
of
a
King
is
,
there
is
power
,
[
*
](A91298-e29390-b)
*
See
Cassanaeus
.
Catal.
Gloriae
Mundi
,
pars
5.
consid.
24.
sect.
62.
p.
22.
2.
and
who
may
say
unto
him
what
dost
thou
?
(
that
is
,
expostulate
with
,
censure
him
for
doing
justly
,
as
Iob
34.
17.
18.
19.
expound
it
,
)
Ergo
the
king
or
his
Forces
may
not
be
resisted
in
any
case
:
they
might
rather
conclude
.
Therefore
neither
Kingdome
nor
Parliament
,
nor
any
Subject
or
person
whatsoever
ought
to
demand
of
the
king
,
to
what
end
,
or
why
he
hath
raised
Forces
and
Armed
Papists
against
the
Parliament
,
and
Protestant
Religion
?
These
Court-Doctors
might
as
truely
conclude
from
hence
:
If
the
king
should
command
us
to
say
Masse
in
his
Chappell
,
or
our
Parishes
,
to
adorne
Images
,
to
turne
professed
Masse-priests
,
&c.
to
vent
any
Erronious
Popish
Doctrines
;
to
pervert
the
Scriptures
to
support
Tyrannie
and
lawlesse
cruelty
:
we
must
and
will
(
as
some
of
us
doe
)
cheerefully
obey
;
for
where
the
word
of
a
King
is
,
there
is
power
,
and
we
may
not
say
unto
him
,
what
dost
thou
?
If
a
King
should
violently
ravish
matrons
,
defloure
virgins
;
unnaturally
abuse
youth
,
cut
all
his
Subjects
throates
,
fire
their
houses
,
sacke
their
Cities
,
subvert
their
liberties
;
and
(
as
[
x
](A91298-e29470-b)
x
De
Fontif
.
Rom.
l.
4.
Bellarmine
puts
the
case
of
the
Popes
absolute
irresistible
authority
)
send
millions
of
soules
to
hell
;
yet
no
man
under
paine
of
damnation
,
may
or
ought
to
demande
of
him
,
Domine
cur
ita
facis
?
Sir
,
what
doe
you
?
But
was
this
the
holy
Ghosts
meaning
thinke
you
,
in
this
place
?
If
so
,
then
[
y
](A91298-e29500-b)
y
2
Sam.
12.
7.
&c.
Nathan
was
much
to
blame
for
reprehending
king
Davids
Adultery
.
[
z
](A91298-e29530-b)
z
2
Chro.
27.
17.
18.
19.
20.
Azariah
and
the
40.
Priests
who
withstood
King
Vzziah
when
he
would
have
offered
incense
,
on
the
incense
Altar
,
and
thrust
him
out
of
the
Temple
,
telling
him
,
it
pertaineth
not
to
thee
Vzziah
,
to
burne
incense
to
the
Lord
,
&c.
Were
no
lesse
then
Traytors
.
John
Baptist
was
much
over-seene
to
tell
King
Herod
,
It
is
not
lawfull
for
thee
to
have
thy
brothers
wife
.
The
Prophet
who
sharpely
reprehended
Amaziah
for
his
Idolatry
and
new
altar
,
2
Chron
25.
15.
16.
was
justly
checked
by
the
king
.
Eliiah
was
to
be
rebuked
,
for
telling
Ahab
so
plainely
of
his
faults
,
[
a
](A91298-e29610-b)
a
1
King
18.
17.
18.
and
sending
such
a
harsh
message
to
King
Ahaziah
;
Elisha
much
to
be
shent
for
using
such
harsh
language
to
King
Jehoram
,
2
Kings
3.
13.
14.
yea
Samuel
and
Hanani
deserved
the
strappado
for
telling
King
Saul
,
and
Asa
,
That
they
had
done
foolishly
,
1
Sam.
13.
3.
2
Chron.
15.
[
b
](A91298-e29680-b)
b
2
King
.
1.
3.
4.
16.
9.
The
meaning
therefore
of
this
Text
,
so
much
mistaken
,
(
unlesse
we
will
censure
all
these
Prophets
,
and
have
Kings
not
onely
irresistible
but
irreprehensible
for
their
wickednesse
)
is
onely
this
:
No
man
may
presume
to
question
the
kings
just
actions
,
warranted
by
his
lawfull
royall
power
:
(
this
text
being
parallel
with
Rom.
13.
1.
2.
3.
4.
)
What
then
?
Ergo
,
None
must
question
or
resist
his
,
or
his
Cavalleers
unjust
violence
and
proceedings
,
(
not
the
Parliament
the
supremest
Iudicature
and
Soveraigne
Power
in
the
Kingdome
)
is
a
ridiculous
consequence
:
yet
this
is
all
this
Text
doth
contribute
to
their
present
dying
bad
cause
.
The
5.
[
c
](A91298-e29720-b)
c
An
Appeal
to
thy
Conscience
,
p.
4.
c.
Answer
of
the
Vindication
of
Ps.
105.
14
,
15
and
the
Revindication
printed
at
Cambridge
,
1643.
Psal.
105.
14
,
15.
Touch
not
mine
annointed
.
Ergo
the
King
and
his
Cavaleers
must
not
be
so
much
as
touched
nor
resisted
,
I
wonder
they
did
not
as
well
argue
,
Ergo
none
must
henceforth
kisse
his
Majesties
hand
(
since
it
cannot
be
done
without
touching
him
,
)
neither
must
his
Barber
trim
him
,
nor
his
Bedchamber-men
attire
him
,
for
feare
of
high
Treason
in
touching
him
:
And
the
Cavaleers
must
not
henceforth
be
arrested
for
their
debts
,
apprehended
for
their
robberies
and
murthers
;
neither
must
the
Chyrurgion
dresse
their
wounds
,
or
pock-soars
,
or
otherwise
touch
them
,
(
so
dangerous
is
it
to
touch
them
,
not
out
of
fear
of
infection
,
but
)
for
fear
of
transgressing
this
sacred
Text
,
scarce
meant
of
such
unhallowed
God-dammee●
.
Such
conclusions
had
been
more
literall
and
genuine
then
the
first
.
But
to
answer
this
long
since
exploded
triviall
Objection
,
true
anoynted
Saints
of
God
their
Subjects
,
whom
kings
have
been
alwayes
apt
to
oppresse
and
persecute
,
witnesse
Psal.
2.
2.
&c.
Act.
4.
26.
27.
Act.
12.
1
,
2
,
3
with
all
sacred
and
Ecclesiasticall
Histories
,
ancient
or
moderne
.
This
is
most
apparent
;
first
,
because
these
words
were
spoken
by
God
to
Kings
themselves
,
as
the
Text
is
expresse
,
Psal
105
14
,
15.
1
Chron.
16.
20
,
21.
He
suffered
no
man
to
do
them
wrong
,
but
reproved
even
KINGS
for
their
sakes
,
saying
,
(
even
to
king
themselves
,
namely
to
king
Pharaoh
,
an
king
Abim●lech
,
Gen.
12.
10.
to
20.
Chap.
20.
and
26
1.
to
17.
29
)
Touch
not
mine
Anointed
,
and
do
my
Prophets
no
harm
:
Therefore
not
meant
of
kings
.
Secondly
,
because
these
words
were
spoken
directly
and
immediately
of
Abraham
,
Isaac
,
Iacob
,
their
wives
and
families
,
as
it
is
evident
by
Verse
6.
the
whole
series
of
the
Psalme
,
which
is
Historicall
;
the
forecited
Texts
of
Genesis
to
which
the
words
relate
,
the
punctuall
confession
of
Augustine
,
and
all
other
Expositors
on
this
Psalm
;
Now
neither
they
,
nor
their
wives
,
nor
their
children
clearly
,
were
actuall
,
much
lesse
anointed
Kings
;
For
first
,
they
lived
long
before
the
government
of
kings
was
erected
among
the
Israelites
,
of
whom
[
d
](A91298-e29940-b)
d
1
Sam.
8.
&
9.
&
10.
see
1
Chron.
1.
43.
Saul
was
the
first
.
2.
They
had
no
kingdom
nor
territories
of
their
own
when
these
words
were
uttered
,
but
were
strangers
in
the
Land
,
going
from
one
Nation
and
Kingdom
to
another
,
sojourning
obscurely
like
Pilgrims
and
Strangers
upon
earth
,
in
Egypt
,
and
Gerar
,
under
King
Pharaoh
,
Abimelech
,
and
other
Princes
,
not
as
kings
,
but
subjects
and
private
men
,
as
Verse
12.
13.
Gen.
12.
and
20.
and
26
Chap.
36.
7.
Chap.
37.
1.
Deut.
23.
7.
Hebr.
11.
13.
resolve
.
Thirdly
,
They
were
but
very
few
men
in
number
,
Verse
12.
Genesis
34.
30.
they
were
Masters
onely
of
their
own
small
families
,
and
that
under
forraign
Kings
;
therfore
doubtlesse
no
kings
at
all
.
Fourthly
,
this
was
spoken
of
these
Patriarchs
Wives
and
Families
,
as
well
as
of
themselves
,
(
and
they
certainly
were
no
kings
,
unlesse
you
will
have
kingdoms
consisting
onely
of
kings
,
and
no
subjects
at
all
)
Verse
12.
14.
Gen.
12.
15.
to
20.
Chap.
20.
2.
to
17.
Chap.
26.
11.
Chap.
34.
30.
Chap.
35.
6.
Fifthly
,
the
Scripture
no
where
calls
them
kings
,
much
lesse
the
Text
,
which
terms
them
expresly
Prophets
,
Touch
not
mine
Anointed
,
and
do
MY
PROPHETS
(
not
properly
so
taken
,
but
largely
,
that
is
,
My
servants
,
my
chosen
people
,
as
Verse
6.
expounds
it
)
no
harm
:
The
later
Clause
,
Do
my
Prophets
no
harm
,
being
an
exact
interpretation
of
the
former
,
Touch
not
mine
Anointed
,
that
is
,
My
Prophets
and
Servants
,
so
far
forth
as
to
do
[
e
](A91298-e30130-b)
e
See
Zeph.
2.
8.
Gen.
20.
6.
Iob
1.
11.
c.
2.
5.
c.
19.
c.
5.
19.
c.
12.
14.
Gen.
26.
11.
29.
Ier.
12.
14.
1
Ioh.
5.
18.
them
harm
;
For
in
a
common
sence
,
no
doubt
,
they
[
f
](A91298-e30160-b)
f
Matth.
8.
3.
15.
c.
17
7.
Mar.
6.
56.
Luk.
8.
45
,
46
,
47
might
be
touched
without
offence
to
God
or
them
,
by
way
of
imbracement
,
assistance
,
and
the
like
Sixtly
,
Though
there
were
kings
in
Abrahams
dayes
or
before
,
as
is
evident
by
Gen.
14.
1
,
2
,
&c.
yet
there
were
no
anointed
kings
,
nor
were
kings
ever
called
Gods
anointed
till
Sauls
dayes
,
who
was
the
first
anointed
King
I
read
of
,
1
Sam.
10.
1.
and
the
first
king
ever
stiled
,
The
Lords
Anointed
1
Sam.
12.
3
,
5.
whereas
Priests
were
anointed
long
before
,
Exodus
30.
30.
Chap.
40.
13
,
15.
Therefore
Anointed
in
the
Text
cannot
be
meant
of
kings
,
or
of
persons
actually
anointed
,
but
onely
of
those
Saints
of
God
,
who
were
metap●●rically
and
spiritually
anointed
,
having
the
gifts
and
graces
of
Gods
Spirit
,
Psal.
28.
8
,
9.
Hab.
3.
13.
2.
Cor.
1.
21.
1
Iohn
2.
27.
Eze.
16.
9.
Isay
20.
27.
This
Text
then
being
not
meant
of
kings
which
are
actually
,
but
of
Christians
onely
spiritualy
anointed
,
in
regard
of
which
anointing
(
as
I
have
[
g
](A91298-e30290-b)
g
The
Vindication
and
Revindication
of
Psal.
105.
14
,
15
elsewhere
largely
manifested
)
they
are
in
Scripture
,
not
onely
stiled
Christians
(
which
in
plain
English
is
annoynted
)
Acts
11.
26.
c.
26.
26.
1
Pet.
4.
16.
but
Christ
(
in
the
abstract
)
1
Cor.
12.
12.
Ephes.
4.
12
,
13.
the
Members
,
Body
,
Flesh
and
Bones
of
Christ
.
1
Cor.
12.
12
,
7.
Ephes.
1.
22.
23
c.
5.
29
,
30
,
31.
Col.
1.
24.
Yea
,
Kings
and
Priests
unto
God
the
Father
:
Exod.
19.
6.
1
Pet.
2.
5.
Revel.
1.
6.
c.
5.
10.
c.
20.
6.
for
whom
God
hath
prepared
a
heavenly
Kingdom
,
(
wherein
they
shall
reign
with
Christ
for
ever
)
with
an
everlasting
Crown
of
glory
too
,
Matth.
5.
3.
c.
25.
34.
Luke
6.
20.
c.
22.
29.
30.
Col.
1.
13.
2
Thess.
2.
12.
1
Corinth
.
9.
25.
2
Tim.
2.
12.
c.
4.
8.
Heb.
12.
28.
2
Pet.
5.
4.
2
Pet.
1.
11.
Iam.
2.
5.
Revel
.
22.
5.
The
proper
argument
then
that
can
be
thence
deduced
by
our
Opposites
,
is
but
this
Non
sequitur
.
Kings
themselves
must
not
touch
Gods
spiritually
anointed
Saints
and
servants
to
do
them
harm
;
Ergo
,
if
Kings
do
violently
and
unjustly
make
warre
upon
them
,
not
onely
to
harm
,
but
plunder
,
murther
,
destroy
them
utterly
,
extirpate
that
Religion
they
professe
and
are
bound
to
maintain
,
they
are
obliged
in
point
of
conscience
,
under
pain
of
damnation
,
not
to
resist
;
Whereas
the
conclusion
should
be
directly
contrary
.
Therefore
they
may
lawfully
with
good
conscience
resist
them
to
the
uttermost
,
in
such
cases
:
For
since
God
hath
thus
directly
enjoyned
Kings
,
Not
to
touch
,
or
do
them
harm
;
if
Kings
will
wilfully
violate
this
injunction
,
they
may
with
safe
conscience
,
by
force
of
Arms
withstand
,
repulse
,
their
unjust
violence
,
and
hinder
Kings
or
their
instruments
from
doing
them
that
iniury
which
God
himself
prohibits
;
else
they
should
be
accessories
to
their
kings
iniustice
,
and
authors
of
their
own
wrongs
,
according
to
these
received
Maximes
;
[
h
](A91298-e30490-b)
h
Gratian.
causa
.
23.
qu.
3
,
4
,
5
,
6.
Where
many
Fathers
are
cited
,
to
this
purpose
.
Qui
non
pohibet
malum
quod
potest
,
jubet
;
Qui
potest
obviare
&
perturbare
perversos
&
non
facit
,
nihil
est
aliud
quam
favere
eorum
impietati
:
Nec
caret
scrupulo
societatis
occultae
,
qui
manifesto
facinori
desinit
obvi●re
.
Qui
definit
obviare
cum
potest
,
consentit
:
used
by
Ambrose
,
Hierome
,
Augustine
,
Isiodor
,
Anastatius
,
and
Gratian
,
who
recites
,
applies
them
to
defensive
wars
.
And
if
our
Opposites
(
who
pervert
this
Text
by
translating
it
from
Subjects
and
Saints
,
to
Kings
)
may
in
their
erronious
sence
safely
argue
thence
,
That
if
subiects
take
up
Arme
against
their
Princes
,
contrary
to
this
Text
,
their
Princes
may
by
vertue
of
this
precept
,
iustly
resist
them
with
force
,
and
repulse
their
iniuries
;
then
by
the
true
genuine
sence
thereof
(
being
meant
of
Subiects
,
Saints
,
not
Kings
)
if
Kings
will
violently
assault
and
make
war
upon
Saints
,
their
Subiects
,
to
harm
them
,
they
may
with
as
good
reason
and
conscience
defend
themselves
against
their
Kings
and
ill
Instruments
,
as
their
Kings
protect
themselves
in
this
sort
against
them
,
and
that
by
authoritie
of
this
Text
,
by
our
Opposites
own
argumentation
.
Thirdly
,
admit
this
Scripture
meant
of
Kings
,
yet
what
strength
is
there
in
it
to
priviledge
them
from
iust
necessary
resistance
?
If
any
,
it
must
rest
in
the
word
annointed
;
but
this
will
afford
kings
no
such
corporall
priviledges
as
many
fancie
,
neither
from
lawfull
resistance
,
nor
deposition
,
nor
sentence
of
death
it self
,
which
I
shall
undeniably
evidence
to
refute
a
commonly
received
errour
:
For
,
first
,
it
is
apparent
,
that
the
anointed
here
meant
,
are
such
onely
who
are
spiritually
annointed
,
either
with
the
externall
profession
and
ceremonies
of
Gods
true
religion
,
or
with
the
internall
graces
of
the
Spirit
;
for
neither
Abraham
,
Isaac
,
Iacob
,
nor
their
families
(
nor
any
kings
or
Priests
in
their
dayes
)
for
ought
we
finde
,
were
corporally
annointed
.
Besides
,
the
annointing
here
intended
,
is
that
which
is
common
to
[
i
](A91298-e30610-b)
i
Exod.
30.
30.
c.
40.
13
,
15.
Levit.
4.
3.
16.
1
King
.
19.
16.
Priests
and
Prophets
(
as
Touch
not
mine
annointed
,
and
do
my
Prophets
no
harm
,
infallibly
proves
)
rather
then
that
which
is
peculiar
to
kings
.
Whence
I
thus
argue
,
That
annointing
which
is
common
to
subiects
as
well
as
kings
,
and
cannot
secure
any
subiects
,
who
in
the
genuinesence
of
the
Text
,
are
Gods
annointed
,
from
iust
resistance
,
corporall
violence
,
legall
censures
,
or
death
,
cannot
in
or
of
it self
alone
secure
kings
from
any
of
these
,
no
further
then
it
secures
subiects
:
for
the
annointing
being
the
same
in
both
,
must
have
the
self-same
operation
and
immunities
in
both
.
But
this
anointing
in
subiects
can
neither
exempt
their
persons
from
necessary
iust
resistance
,
if
they
unlawfully
assault
or
war
upon
their
Superiours
,
equalls
,
inferiours
;
nor
free
them
from
arrests
,
imprisonments
,
arraignments
,
deprivations
,
or
capitall
censures
,
if
they
offend
and
demerit
them
,
as
we
all
know
by
[
k
](A91298-e30670-b)
k
Eccles.
9
2.
c.
8.
14.
Ezec●
.
18.
24
,
26.
Ich.
16.
2.
Scripture
and
experience
:
Therefore
it
can
transfer
no
such
corporall
immunities
or
exemptions
from
all
or
any
of
these
,
to
kings
;
but
onely
,
exempt
them
from
unlawfull
violence
and
injuries
,
in
point
of
right
,
so
far
forth
,
as
it
doth
other
Subjects
.
In
a
word
,
this
annointing
being
common
to
all
Christians
,
can
give
no
speciall
Prerogative
to
Kings
,
but
onely
such
as
are
common
to
all
Subiects
,
as
they
are
Christians
.
Secondly
,
admit
it
be
mean●
of
an
actuall
externall
anoynting
,
yet
that
of
it self
affords
Kings
no
greater
priviledge
then
the
inward
unction
,
of
which
it
is
a
type
,
neither
can
it
priviledge
them
from
just
resistance
,
or
just
corporall
censures
of
all
sorts
.
First
,
it
cannot
priviledge
them
from
the
iust
assaults
,
invasions
,
resistance
,
corporall
punishments
of
other
forraign
kings
,
Princes
,
States
,
Subiects
not
subordinate
to
them
,
who
upon
any
iust
cause
or
quarrell
may
lawfully
resist
,
assault
,
wound
,
apprehend
,
imprison
,
slay
,
depose
,
iudge
,
censure
forraigne
kings
,
even
to
death
;
as
is
apparent
by
[
l
](A91298-e30700-b)
l
Psal.
136.
19
,
20.
Num.
21.
2●
33
,
34
,
35.
S●hon
King
of
the
Amorites
,
and
Og
the
king
of
Bashan
,
slain
,
the
King
of
[
m
](A91298-e30730-b)
m
Iosh.
8.
29.
Ai
hanged
by
Ioshua
,
the
[
n
](A91298-e30760-b)
n
Iosh.
10.
22
,
23
,
24
,
25
,
26.
five
kings
of
Canaan
that
besieged
Gibeon
,
on
whose
ne-ks
Ioshua
made
his
men
of
war
to
put
their
feet
,
then
smote
,
slew
,
and
hanged
them
upon
five
trees
.
Who
also
assaulted
,
resisted
,
imprisoned
,
condemned
,
slew
,
executed
divers
other
[
o
](A91298-e30800-b)
o
Iosh.
10.
42.
c.
11.
&
12.
7.
to
24.
kings
of
Canaan
,
to
the
number
of
thirty
one
in
all
;
by
king
[
p
](A91298-e30820-b)
p
Iudg
,
1
,
26
,
to
76.
Adonibezek
,
[
q
](A91298-e30840-b)
q
Iudg
,
3
,
to
●6
Eglon
,
[
r
](A91298-e30860-b)
r
1
Sam.
15
,
32
,
33.
Agag
,
with
other
Heathen
Kings
,
imprisoned
,
stabbed
,
hewen
in
pieces
by
the
Israelites
.
If
any
obiect
,
These
kings
were
not
actually
annoynted
,
which
they
cannot
prove
,
since
[
s
](A91298-e30880-b)
s
Isay
,
45
,
10
Cyrus
an
Heathen
King
,
is
stiled
Gods
annoynted
;
no
doubt
Saul
was
an
annoynted
King
,
if
not
the
first
in
the
world
,
1
Sam.
10.
1.
yet
he
was
justly
resisted
,
wounded
,
pursued
by
the
Philistines
,
1
Sam.
31.
3.
[
*
](A91298-e30940-b)
*
2
Chro.
35.
Iosiah
an
annoynted
good
King
,
was
slain
by
Pharaoh
Necho
King
of
Egypt
,
whom
he
rashly
encountred
;
[
t
](A91298-e30970-b)
t
1
King
.
22
,
34
,
35.
King
Ahab
was
slain
by
an
Archer
of
the
King
of
Assyria
,
[
u
](A91298-e31000-b)
u
2
King
9
,
〈◊〉
27.
King
Ioram
and
Ahaziah
were
both
slain
by
Iehu
,
by
Gods
command
;
[
x
](A91298-e31050-b)
x
2
Chr.
31.
10.
6
,
7.
Iehoaaz
was
deposed
by
the
King
of
Egypt
,
[
y
](A91298-e31080-b)
y
2
Ki.
2●
,
6
,
7
Iehoiakim
and
Iehoiakin
both
deposed
,
fettered
and
kept
prisoners
by
the
King
of
Babylon
;
bylone
;
who
also
y
app●eherded
d●posed
,
judicially
condemned
King
Zedechiah
,
put
out
his
eyes
,
and
sent
him
prisoner
to
B●hylon
bound
with
fetters
of
brasse
.
So
[
z
](A91298-e31150-b)
z
2
Chron
,
33
,
11
,
1●
.
Manasses
was
deposed
,
bound
with
fetters
of
brasse
,
and
carryed
captive
by
the
Captaines
of
the
King
of
Assyria
.
[
a
](A91298-e31170-b)
a
2
King
14
,
33.
Amaziah
King
of
Iudah
was
taken
prisoner
by
Iehoash
King
of
Israel
.
Infi●ite
are
the
presidents
in
stories
,
where
kings
of
one
Nation
in
just
warrs
,
have
been
assaulted
,
invaded
,
imprisoned
,
deposed
,
slain
,
by
Princes
and
Subjects
of
another
Nation
;
and
that
justly
,
as
all
grant
without
exception
;
neither
their
annointing
,
nor
Kingship
being
any
exemption
or
priviledge
to
them
at
all
in
respect
of
forraigners
,
in
cases
of
hostility
,
to
whom
they
are
no
Soveraigns
,
no
more
then
to
any
of
their
Subjects
.
Whereas
if
this
royall
annointing
did
make
their
persons
absolutly
sacred
and
inviolable
,
no
forraign
Princes
or
Subjects
could
justly
apprehend
,
imprison
,
smite
,
wound
,
slay
,
depose
,
or
execute
them
.
Secondly
,
Kings
who
are
suborordinate
[
b
](A91298-e31200-b)
b
See
M.
Seldens
Titles
of
Honour
l.
〈◊〉
3
,
s●ct
1
,
2
,
Bodin
Communwal
.
v.
3
,
l.
2
,
c.
5.
Ioseph
De
Bello
Indaico
,
l.
1.
c
10.
15.
Homagers
and
Subjects
to
other
Kings
or
Emperours
,
though
annointed
,
may
for
Treasons
and
Rebellions
against
them
,
he
lawfully
resisted
,
assaulted
,
imprisoned
,
deposed
,
judged
to
death
and
executed
,
because
as
to
them
they
are
but
Subjects
,
notwith●●anging
their
annointing
,
as
appears
by
sund●y
presidents
in
our
own
and
forraign
Histories
;
and
is
generally
confessed
by
the
learned
.
Thirdly
,
the
Roman
,
Greek
and
German
Experours
though
annointed
,
the
ancient
Kings
of
France
,
Spain
,
Arragon
,
Britain
,
Hungary
,
Poland
,
Denmarke
,
Bohemia
,
India
,
Sparta
,
and
other
places
(
who
were
not
absolute
Monarchs
)
have
in
former
ages
been
lawfully
resisted
imprisoned
,
deposed
,
and
some
of
them
,
judicially
adjudged
to
death
and
executed
by
their
owne
Senates
,
Parliaments
,
Diets
,
States
,
for
their
oppression
,
mal-administration
,
tyranny
,
and
that
justly
,
as
[
c
](A91298-e31300-b)
c
Commonw
.
l.
2
,
c
5.
Bodin
,
[
d
](A91298-e31320-b)
d
De
Iure
Belli
,
l.
1.
c.
3
,
sect.
11.
16.
Grotius
,
with
others
affirm
,
notwithstanding
any
pretence
that
they
were
annointed
Soveraigns
.
Fourthly
,
Popes
,
Bishops
and
Priests
anciently
were
,
and
at
this
present
in
the
Romish
Churches
are
actually
annointed
as
well
as
Kings
;
and
we
know
the
[
e
](A91298-e31350-b)
e
In
their
titles
and
cont.
ovdrsies
de
Immunitate
Cleri●erum
,
Bishop
Latimers
●ermon
at
Stamford
,
f.
67
,
b.
Popish
Clergy
and
Canonists
have
frequently
alledged
this
Text
,
Touch
not
mine
annointed
and
doe
my
Prophets
no
harme
,
in
Councels
,
Decretalls
and
solem●
debates
in
Parliament
,
to
prove
their
exemption
from
the
arrests
,
judgements
,
capitall
cens●res
and
proceedings
of
Kings
and
secular
Iudges
for
any
crimes
whatsoever
,
because
(
forsooth
)
they
were
Gods
annointed
,
intended
in
this
Text
,
not
Kings
;
therefore
Kings
and
Seculars
must
not
touch
,
nor
offer
any
the
least
violence
to
their
persons
,
no
not
in
a
way
of
justice
.
By
colour
of
this
Text
they
exceedingly
deluded
the
world
in
this
particular
for
●undreds
of
yeeres
.
But
in
the
seventh
yeer
of
Hen.
the
8.
in
[
f
](A91298-e31420-b)
f
Keilwayes
Resorts
,
f.
181.
Dr.
Standish
his
case
debated
before
a
Committee
of
both
Houses
of
Parliament
,
and
all
the
Iudges
of
England
,
this
Text
being
chiefly
insisted
on
to
prove
the
Clergies
exemption
,
Jure
Divino
,
was
wholly
exploded
in
England
,
and
since
that
in
Germany
,
France
,
other
Realms
;
and
notwithstanding
its
protection
,
many
[
g
](A91298-e31480-b)
g
See
par.
r.
p.
88.
&
Fox
Act
&
Monuments
.
Fopes
,
Bishops
,
and
Clergy-men
in
all
Kingdomes
,
ages
,
for
all
their
annointing
,
have
for
their
misdemeanors
not
only
been
resisted
,
apprehended
,
imprisones
,
but
deprived
,
degraded
,
hanged
,
quartered
burned
,
as
well
as
other
men
(
Yea
[
h
](A91298-e31520-b)
h
1
King
.
2
,
26
,
27.
Abiathar
the
High
Priest
was
deposed
by
S.
●omon
for
his
Treason
against
him
,
notwithstanding
his
Annointing
;
)
their
annointing
giving
them
not
the
smallest
immunity
to
doe
ill
,
or
not
to
suffer
all
kinds
of
corporall
,
capitall
punishments
for
their
misdemeanors
.
If
this
actuall
annointing
then
,
cannot
lawfully
exempt
or
secure
Priests
and
Prelates
persons
,
nor
the
Pope
himselfe
from
the
premises
,
how
then
can
it
justly
priviledge
the
persons
of
Kings
?
Fifthly
,
among
the
Papists
all
infants
,
either
in
their
baptisme
,
or
confirmation
are
actually
annointed
with
their
consecrated
[
i
](A91298-e31550-b)
i
See
Claudius
E●sencaeus
Dig.
s
.
in
.
P●o●
.
●pist
.
ad
Tim.
d.
c.
rismatis
usu
p.
261
,
&c.
Chrisme
,
and
with
[
k
](A91298-e31580-b)
k
Espencaeus
Ibid.
See
homas
it
aldensis
,
Bellarmine
and
others
,
De
Sacramento
extremae
u●ctiours
,
and
all
Schoolmen
and
Canonists
,
De
Sacrame
,
torum
Numero
&
Extrunct
.
extream
unction
to
boot
at
last
cast
,
which
they
make
[
l
](A91298-e31620-b)
l
Cat.
log
Gloriae
Mu●di
,
par.
5.
Consid.
35.
p.
40.
Alber.
de
Re●
Super
G.
of
Rubr.
F.
d●sta
.
,
ho.
a
Sacrament
,
and
so
a
thing
of
more
divine
soveraign
Nature
then
the
very
annointing
of
Kings
at
their
inauguration
,
which
they
repute
no
Sacrament
,
as
being
no
where
commanded
by
God
:
But
neither
of
these
actuall
unctions
,
exempt
all
or
any
of
those
annointed
with
it
from
resistance
,
or
any
corporall
punishments
,
or
just
censures
of
any
king
;
therefore
the
very
annointing
of
Kings
cannot
doe
it
.
Sixthly
,
the
Ceremony
of
annointing
kings
,
as
[
m
](A91298-e31640-b)
m
Cassanaens
Ibid.
&
Consid.
19.
Cassanaeus
with
others
write
,
is
peculiar
onely
to
the
German
Emperor
,
the
King
of
Ierusalem
,
the
King
of
France
,
the
King
of
England
,
and
the
King
of
Sicily
;
but
to
no
other
kings
else
,
who
are
neither
annointed
nor
crowned
,
as
he
affirmes
;
so
that
it
cannot
give
any
priviledge
at
all
to
any
but
onely
to
these
4.
not
other
kings
,
who
are
not
anointed
Now
seeing
only
these
4.
kings
are
actually
anointed
,
yea
lawfull
Kings
and
their
persons
sacred
,
even
before
they
are
annointed
or
crowned
,
yea
other
kings
persons
(
as
of
Spain
,
Hungary
,
Denmark
,
Sweden
,
Poland
,
&c.
)
who
are
not
annointed
,
are
as
sacred
,
as
exempt
from
danger
,
as
those
who
are
enoyled
;
And
seeing
the
annointing
of
kings
is
at
this
day
a
meer
arbitrary
humane
Ceremony
,
not
injoyned
by
divi●e
authority
,
nor
common
to
all
Kings
,
who
are
[
n
](A91298-e31710-b)
n
Cook
7.
●eport
.
Calvins
Cas●c
f.
11.
Philoch
.
Arch.
De
Somnio
Ver
〈◊〉
,
c.
171.
Kings
before
their
Coronations
,
it
is
most
certain
and
infallible
,
that
this
enoyling
in
and
of
it selfe
derives
no
personall
Prerogatives
or
Immunities
at
all
to
kings
,
much
lesse
an
absolute
exemption
from
all
actuall
resistance
in
cases
of
unjust
invasions
on
their
Subjects
,
or
from
the
censures
of
their
Parliaments
for
publike
distructive
exorbitances
,
as
most
have
hitherto
blindly
beleeved
.
Neither
will
the
frequent
next
objected
speeches
of
David
concerning
Soul
.
Impeach
the
premises
,
1
Sam.
24.
6.
10.
c.
26.
9.
11.
2.
&
2
Sam.
1.
12.
16.
The
Lord
forbid
that
I
should
do
this
thing
unto
my
Master
the
Lords
Annointed
,
to
stretch
forth
my
hand
against
him
seeing
he
is
the
Lords
Annointed
.
I
will
not
put
forth
my
hand
against
my
Lord
,
for
he
he
is
the
Lords
annointed
.
And
David
said
to
Abishai
,
Destroy
him
not
,
for
who
can
stretch
forth
his
hand
against
the
Lords
Annointed
,
and
he
guiltlesse
?
The
Lord
forbid
that
I
should
stretch
forth
his
hand
against
the
Lords
Annointed
.
The
Lord
delivered
thee
into
my
hand
to
day
,
but
I
would
not
stretch
forth
mine
hand
against
the
Lords
Annointed
.
How
wa●
thou
not
afraid
to
siretch
forth
thy
hand
against
the
Lords
Annointed
?
Thy
blood
shall
be
upon
thy
head
,
for
thy
mouth
hath
testified
that
thou
hast
slain
the
Lords
Annointed
.
Which
severall
Texts
seem
at
first
sight
to
insinuate
,
that
Sauls
very
externall
annointing
was
that
which
did
secure
his
person
from
assauls
and
violence
;
and
that
it
is
unlawfull
even
by
way
of
defence
,
forcibly
with
Armes
to
resist
a
persecuting
unjustly
invading
king
,
because
he
is
annointed
.
But
these
Texts
,
if
duly
pondered
,
will
warrant
neither
of
these
conclusions
.
First
then
,
declare
him
a
lawfull
King
,
did
not
,
could
not
adde
any
immunity
to
his
person
against
Davids
,
or
any
other
Subjects
just
violent
resistance
,
as
the
premised
reasons
manifest
;
but
it
was
onely
his
royall
Soveraign
Office
conferred
on
him
by
God
and
the
people
,
to
which
his
externall
annointing
by
Samuel
was
but
a
preparation
That
which
made
Saul
,
with
other
his
successours
,
a
king
,
was
not
his
bare
annointing
.
For
[
o
](A91298-e31890-b)
o
1
Sam.
10.
1
,
2.
24.
Saul
himselfe
was
annointed
by
Samuel
,
before
he
was
made
and
chosen
King
,
not
when
he
was
made
King
.
So
[
p
](A91298-e31930-b)
p
1
Sam.
16.
1
,
to
14
David
,
[
q
](A91298-e31960-b)
q
●
king
,
19.
〈◊〉
,
16.
Hazael
,
[
r
](A91298-e31980-b)
r
1
king
.
19.
16.
2
king
9.
1.
to
3.
selu
,
with
others
,
were
annointed
before
they
were
actuall
Kings
,
and
many
of
their
Successors
by
descent
,
were
reall
kings
before
they
were
annointed
;
some
of
them
being
not
annointed
at
all
for
ought
we
read
:
therefore
their
unction
made
them
not
kings
,
since
neither
simply
necessary
,
nor
essentiall
to
their
being
kings
.
Nor
did
Sauls
annointing
only
,
preceding
his
Regality
,
make
his
person
sacred
,
or
any
other
kings
persons
;
for
then
it
would
follow
,
That
if
Saul
had
not
been
actually
annointed
,
or
had
continued
king
for
some
yeeres
without
this
annointing
,
then
David
in
such
a
case
might
lawfully
have
slain
him
,
without
check
of
conscience
,
and
that
the
persons
of
kings
not
at
all
annointed
;
and
of
hereditary
kings
before
their
Coronations
,
till
they
are
annointed
,
should
not
be
sacred
,
nor
exempt
from
violence
;
which
is
both
false
and
perillous
to
affirm
;
but
it
was
his
Soveraign
Royall
Authority
over
David
(
then
his
Son-in-law
,
Servant
,
Subject
)
which
restrained
him
from
offering
violence
to
his
person
.
Soul
then
being
thus
priviledged
,
not
because
he
was
annointed
,
but
because
he
was
an
annointed
king
,
and
that
not
quatenus
Annointed
,
but
quatenus
King
;
the
true
sense
and
genuine
interpretation
of
these
Texts
must
be
,
That
Sauls
person
was
sacred
,
exempt
from
his
Subjects
violence
,
not
because
he
was
annointed
,
as
if
that
only
did
priviledge
him
;
but
because
he
was
a
lawfull
king
[
s
](A91298-e32100-b)
s
1
Sa.
15
,
16
,
17.
c.
10.
1
,
2
,
4.
appointed
by
the
Lord
himselfe
,
the
[
t
](A91298-e32130-b)
t
1
Sam.
12
,
13.
c.
15.
13.
c.
16
1
,
1
Chro.
28.
Lords
annointed
,
being
but
a
periphrasis
,
or
forme
of
speech
,
wherein
the
Geremony
of
annointing
,
is
used
for
the
Regality
,
or
kingly
power
it selfe
,
declared
not
conferred
by
annointing
,
and
in
plain
words
without
any
figure
,
it
is
put
for
,
the
Lords
King
,
that
is
,
a
King
appointed
by
the
Lord
;
in
which
sence
God
calls
Christ
[
v
](A91298-e32220-b)
v
Psal
2.
6.
Psal.
18.
50.
my
King
;
and
David
stiles
himselfe
x
Gods
King
.
Sauls
Royall
Authority
without
his
annointing
,
not
his
annointing
,
predestinating
him
to
his
Authority
being
the
ground
of
this
his
immunity
from
Davids
violence
.
Secondly
,
[
y
](A91298-e32280-b)
y
1
Sam.
10.
1
,
2
,
24.
Saul
was
annointed
some
space
before
he
was
made
King
,
and
[
z
](A91298-e32300-b)
z
1
Sam.
16.
1.
10
14.
David
many
yeere
before
hee
came
to
the
Crowne
:
I
would
then
demand
of
any
man
;
if
Saul
or
David
after
their
unction
,
and
before
their
election
and
inauguration
to
the
Crown
had
invaded
or
assaulted
any
of
the
people
in
an
hostile
manner
,
whether
they
might
not
have
justly
resisted
,
repulsed
,
yea
slain
them
to
in
their
own
necessary
defence
?
If
not
,
then
one
Subject
may
not
repulse
the
unjust
violence
of
another
in
an
elective
kingdome
,
if
by
possibility
he
may
after
wards
be
chosen
king
,
though
for
the
present
he
be
neither
actually
king
nor
Magistrate
,
but
a
Shepheard
,
as
David
was
,
Psal
.
78.
70
,
71.
which
I
presume
none
will
affirm
,
I
am
certain
none
can
prove
:
If
so
,
then
it
was
not
Sauls
annointing
but
onely
his
Royall
Authority
,
which
made
David
thus
to
spare
his
life
,
his
person
.
So
that
our
Opposites
pressing
this
Argument
only
from
his
Annointing
,
is
both
false
and
idle
,
as
all
the
premises
demonstrate
.
But
to
set
the
Argument
right
;
I
answer
thirdly
,
That
all
which
these
Texts
and
Davids
example
prove
,
is
but
this
.
That
Subjects
ought
not
wilfully
or
purposely
to
murder
or
offer
violence
to
the
persons
of
their
kings
;
especially
in
cold
blood
when
they
doe
not
actually
assault
them
.
Ergo
they
may
not
resist
,
repulse
their
personall
actuall
assaults
,
nor
oppose
their
cut-throat
Cavaleers
when
they
make
an
unjust
warre
against
them
.
Which
Argument
is
a
meer
Non
sequitur
.
For
1.
Davids
example
extends
only
to
Sauls
own
person
,
not
to
his
Souldiers
,
who
were
neither
kings
,
nor
Gods
Annointed
;
and
whom
David
no
doubt
would
have
resisted
and
slain
too
had
they
assaulted
him
,
though
he
spared
Saul
:
as
[
a
](A91298-e32460-b)
a
Sect.
2
,
p.
8.
Dr.
Fern
himselfe
insinuates
in
these
words
;
Davids
Guard
that
he
had
about
him
,
was
onely
to
secure
his
person
against
the
cut-throats
of
Saul
,
if
sent
to
take
away
his
life
,
&c.
He
was
annoynted
and
designed
by
the
Lord
to
succeed
Saul
,
and
therefore
he
might
use
an
extraordinary
way
of
safe-guarding
his
person
:
Therefore
he
and
his
Guard
would
and
might
doubtlesse
have
with
a
safe
conscience
resisted
,
Secondly
,
the
argument
is
absurd
,
because
we
may
forcibly
resist
and
repulse
with
safe
conscience
,
those
whom
we
may
not
wilfully
slay
.
If
a
man
assaults
me
,
to
beat
or
wound
me
,
I
may
resist
,
repulse
him
with
violence
,
but
I
may
not
kill
him
in
mine
own
defence
,
without
murder
or
manslaughter
,
unlesse
I
could
not
otherwise
preserve
my
own
life
by
slight
or
resistance
.
[
b
](A91298-e32550-b)
b
Sect
,
2
,
p.
●
.
Doctor
Ferne
grants
,
that
a
Subject
may
in
his
own
private
defence
,
lawfully
ward
off
the
Kings
own
blows
,
and
hold
his
hands
,
in
case
of
sudden
and
illegall
assaults
,
much
more
then
of
malicious
and
premeditated
:
but
yet
denies
,
he
may
either
wound
or
kill
him
,
and
that
truely
.
To
argue
therefore
from
Davids
example
and
words
,
The
King
may
not
with
safe
conscience
be
wittingly
slain
by
his
subjects
:
Ergo
,
He
and
his
Cavaleers
may
not
be
forcibly
resisted
,
repulsed
by
them
for
their
own
defence
and
preservation
,
is
a
grosse
inconsequent
by
the
Doctors
own
confession
.
Thirdly
,
there
is
nothing
in
all
these
speeches
,
or
the
practise
,
or
in
David
,
pertinent
to
the
case
in
dispute
;
for
when
[
c
](A91298-e32640-b)
c
1.
Sam.
2
c.
3.
10
16.
Davids
men
moved
him
to
kill
Saul
,
and
would
have
risen
up
against
him
,
to
slay
him
,
&
David
refused
to
act
,
or
suffer
his
men
to
do
it
;
neither
Saul
not
any
of
his
men
did
actually
assault
David
or
his
followers
,
nor
so
much
as
once
discover
them
;
but
Saul
went
casually
to
cover
his
feet
into
the
Cave
,
where
they
lay
hid
;
which
done
,
he
rose
up
and
went
on
his
way
,
not
once
espying
David
(
though
he
cut
off
the
skirt
of
his
Robe
privily
)
nor
any
of
his
men
with
him
.
To
argue
therefore
,
That
David
and
his
men
might
not
with
a
safe
conscience
stretch
forth
their
hands
and
rise
up
against
their
Soveraigne
king
Saul
,
to
kill
him
thus
in
cold
blood
,
when
he
assaulted
them
not
,
nor
so
much
as
thought
of
their
being
in
the
Cave
,
and
went
out
of
it
quietly
,
not
discovering
them
;
Ergo
,
they
might
not
,
they
would
not
in
conscience
have
resisted
,
repulsed
him
,
or
his
Forces
,
had
they
assaulted
,
or
given
them
battell
in
the
Cave
,
is
a
Non-sence
Conclusion
;
just
in
effect
the
same
with
this
.
I
may
not
resist
or
repulse
one
who
assaulrs
me
not
,
Ergo
,
I
may
not
resist
one
that
actually
assaults
me
to
take
away
my
life
,
or
to
beat
,
rob
,
wound
me
:
What
Logick
,
Reason
,
Law
or
Divinitie
is
there
in
such
an
argument
?
So
after
this
when
[
d
](A91298-e32790-b)
d
1.
Sam.
26
,
●
7.
to
25
Abishai
said
to
David
,
God
hath
delivered
Saul
thine
enemie
into
thy
hand
this
day
,
now
therefore
let
me
smite
him
,
I
pray
thee
,
with
the
spear
,
even
to
the
earth
at
once
,
I
will
not
smite
him
the
second
time
:
And
David
said
to
Abishai
,
Destroy
him
not
,
for
who
can
stretch
forth
his
hand
against
the
Lords
Anoynted
(
to
wit
,
to
slay
him
purposely
,
as
Abishai
intended
)
and
be
guiltlesse
?
The
Text
is
expresse
.
That
Saul
and
his
men
were
then
in
their
own
Trenches
,
fast
a
sleep
,
because
a
deep
sleep
from
the
Lord
was
fallen
upon
them
;
David
and
Abishai
were
here
the
onely
affailants
,
they
came
into
Sauls
Trenches
,
he
and
his
whole
army
were
in
so
sound
a
sleep
,
that
they
came
to
Sauls
own
person
,
took
away
with
them
his
Spear
,
and
the
Cruse
or
water
from
his
Bolster
,
and
departed
,
not
being
once
discerned
;
No
man
resists
,
assaults
,
discovers
them
.
To
slay
Saul
thus
in
cold
blood
,
without
any
assault
or
present
provocation
,
and
especially
upon
a
private
quartell
,
had
been
Treachery
and
impiety
in
a
Son-in-Law
,
a
Servant
,
a
Subject
a
●uccessour
;
and
to
do
it
with
the
hazard
of
their
own
lives
,
had
any
of
Sauls
Army
been
awakened
at
the
stroke
Abishai
would
have
given
him
.
(
as
probably
they
might
have
been
)
they
being
but
two
,
and
within
their
enemies
Trenches
,
in
the
midst
of
the
Army
,
who
might
have
easily
and
speedily
slain
them
,
had
been
rashnesse
,
indiscretion
;
their
departure
with
the
Spear
and
Cruse
was
more
Heroicall
,
Loyall
,
prudentiall
.
To
conclude
therefore
,
as
our
Opposites
do
from
this
speech
and
example
,
That
David
thought
it
unlawfull
in
point
of
Conscience
for
him
or
Abishai
to
murther
his
S●veraign
Lord
King
Saul
,
when
he
and
his
men
were
thus
fast
asleep
in
the
midst
of
their
Trenches
,
offering
them
no
wrong
,
making
no
actuall
assaults
upon
them
;
Ergo
,
they
could
not
,
would
not
justly
with
safe
consciences
have
forcibly
defended
themselves
against
Saul
and
his
Army
,
had
they
been
assaulted
by
them
in
their
own
Trenches
;
is
a
transcendent
absurdity
,
refuted
by
the
very
next
words
of
David
to
Abishai
at
that
instant
,
1
Sam.
26.
10.
And
David
said
furthermore
,
As
the
Lord
liveth
,
the
Lord
shall
smite
him
,
or
his
day
shall
come
to
die
;
or
he
shall
DESCEND
INTO
BATTELL
AND
PERISH
;
which
intimates
,
that
if
Saul
would
force
him
to
a
battell
,
then
he
might
lawfully
defend
himselfe
against
his
violence
,
though
he
might
not
murther
him
now
in
his
sleep
,
when
he
did
him
no
hard
;
and
if
he
casually
perished
in
the
battell
,
it
was
Sauls
own
wilfull
default
,
not
his
,
who
could
not
disswade
him
by
all
this
his
fair
carriage
and
sparing
of
his
life
,
(
when
he
had
those
two
advantages
to
slay
him
)
from
his
violent
prosecution
,
nor
yet
succeed
him
in
the
Crown
(
as
God
had
appointed
and
foretold
)
should
he
suffer
him
to
murther
him
and
his
men
in
battell
without
resistance
.
Yea
,
Davids
earnestnesse
to
go
with
Achish
and
the
Pallistines
to
the
battell
against
Sanl
,
wherein
he
perished
,
1
Sam.
2●
(
unlesse
we
will
taxe
Davide
for
a
notable
Hypocrite
and
dissembler
)
unanswerably
eviden●eth
,
that
he
deemed
it
lawfull
to
resist
,
to
encounter
Saul
and
his
Forces
in
battell
,
not
withstanding
his
person
might
chance
to
perish
in
the
fight
,
though
not
to
slay
him
treacheously
,
and
basely
upon
the
precedent
advantages
:
And
his
slaying
of
that
lying
[
e
](A91298-e33130-b)
e
2
Sam.
2.
Amalekite
who
brought
him
tydings
of
Sauls
death
,
reporting
that
himself
had
slain
him
,
to
gain
a
reward
from
David
,
he
being
then
one
of
Sauls
souldiers
(
as
it
seems
)
concludes
onely
,
that
it
was
not
lawfull
for
any
of
Sauls
own
men
to
saly
him
,
by
his
own
command
:
Not
that
resistance
of
him
in
the
open
battell
was
unlawfull
in
point
of
conscience
.
Other
answer
might
be
given
to
this
Objection
concerning
David
and
Saul
.
As
1.
that
this
difference
was
but
private
and
personall
between
Saul
and
David
,
David
being
then
Sauls
private
subject
,
Servant
,
Son
in
Law
,
not
publike
between
Saul
his
whole
Parliament
or
Kingdom
;
now
many
things
are
unlawfull
to
be
done
in
private
quarrels
,
which
are
iust
and
honourable
in
publike
differences
.
Secondly
,
that
David
himself
,
though
he
thus
forbore
to
murther
Saul
,
yet
he
tels
him
,
1.
Sam.
24
,
10
,
11
,
12.
This
day
thine
eyes
have
seen
how
that
the
Lord
had
delivered
thee
to
day
into
mine
hand
in
the
Cave
,
and
some
had
me
kill
thee
,
but
mine
eye
SPARED
THEE
;
and
I
said
,
I
will
not
put
forth
my
hand
against
my
Lord
,
for
he
is
the
Lords
anoynted
.
Moreover
,
my
father
,
see
,
yea
see
the
skirt
of
thy
Robe
in
my
hand
,
for
in
that
I
cut
off
the
skirt
of
thy
Robe
and
KILLED
THHE
NOT
,
know
then
and
see
,
that
there
is
neither
evill
nor
transgression
in
mine
hand
,
and
I
have
not
sinned
against
thee
,
yet
then
huntest
my
soul
to
take
it
.
The
Lord
judge
between
me
&
thee
,
and
the
Lord
avenge
me
of
thee
,
but
mine
hand
shall
not
be
upon
thee
,
and
plead
my
cause
and
deliver
me
out
of
thine
hand
.
And
after
this
upon
the
second
advantage
,
he
useth
like
words
,
The
Lord
render
to
every
man
according
to
his
right
consnes
&
faithfulnes
,
for
the
Lord
delivered
thee
into
my
hand
to
day
,
declared
,
that
God
had
given
up
Sauls
life
into
his
power
,
that
it
was
his
owne
meer
goodnesse
that
moved
him
to
spare
Saul
contrary
to
his
Souldiers
,
and
Abishaies
minds
,
who
would
have
slain
him
,
without
any
seruple
of
conscience
;
that
the
reasons
he
spared
him
were
:
First
,
because
he
was
Gods
Annointed
,
that
is
,
specially
designed
and
made
King
of
Israel
by
Gods
own
election
,
which
no
kings
at
this
day
are
,
&
so
this
reason
extends
not
so
fully
to
them
,
as
to
Saul
.
Secondly
,
Because
he
was
his
Father
and
Lord
too
,
and
so
it
would
have
been
deemed
some
what
an
unnaturall
act
in
him
.
Thirdly
,
because
it
had
favoured
onely
of
private
self-revenge
and
ambitious
aspiring
to
the
Crown
before
due
time
,
which
became
not
David
,
the
quarrell
,
being
then
not
publike
,
but
particular
betwixt
him
and
David
onely
,
who
was
next
to
succeed
him
after
his
death
.
Fourthly
,
because
by
this
his
lenity
he
would
convince
&
reclaim
Saul
from
his
bloody
pursuit
,
and
cleare
his
innocency
to
the
world
.
Fifthly
,
to
evidence
his
dependence
upon
God
and
his
speciall
promise
;
that
he
should
enjoy
the
Crown
after
Saul
by
divine
appointment
;
and
therefore
he
would
not
seem
to
usurp
it
by
taking
Saul
life
violently
away
.
Most
of
which
consideration
faile
in
cases
of
publike
defence
,
and
the
present
controversie
.
Thirdly
,
that
Saul
himselfe
,
as
well
as
Davids
Souldiers
,
conceived
,
that
David
might
with
safe
conscience
have
slain
as
well
as
spared
him
;
witnesse
his
words
,
1.
Sam.
24.
17
,
18
,
19
Thou
art
more
righteous
then
I
,
for
thou
hast
rewarded
me
good
,
where
as
I
have
rewarded
thee
evill
:
And
thou
hast
shewedme
this
day
how
thou
hast
deals
well
with
me
;
for
asmuch
as
when
the
Lord
had
delivered
me
into
thine
hand
THOU
KILLEDST
ME
NOT.
For
if
a
man
finde
his
enemy
WIL
HE
LET
HIM
GO
WEL
AWAY
?
Wherefore
the
Lord
reward
three
good
for
that
thou
hast
done
unto
me
this
day
,
&c.
And
in
1.
Sam.
26.
21.
Then
said
Saul
,
I
have
sinned
;
returne
my
sonne
David
,
for
I
will
no
more
do
thee
harm
,
because
my
solve
was
precious
in
thine
eyes
this
day
;
behold
I
have
played
the
fool
exceedingly
,
&c.
But
the
former
answers
are
so
satisfactory
,
that
I
shall
not
pray
in
ayd
from
these
,
much
lesse
from
that
evasion
of
Dr.
Fern
,
who
makes
this
,
and
all
other
Davids
demeanors
in
standing
out
against
Saul
[
f
](A91298-e33570-b)
f
Sect.
2.
p.
2.
EXTRAORDINARY
;
for
he
was
annointed
and
designed
by
the
Lord
to
succeed
Saul
;
and
therefore
he
might
also
use
all
extraordinary
wayes
of
safe
guarding
his
persons
;
which
like
wise
insinua●es
,
that
this
his
scruple
of
conseience
in
sparing
Sauls
life
was
but
extraordinary
,
(
the
rather
,
because
all
his
Souldiers
and
Abishai
would
have
slain
Saul
without
any
such
scruple
,
and
Saul
himselfe
conceived
,
that
any
man
else
but
David
would
have
done
it
:
)
and
so
by
consequence
affirms
,
that
this
his
sparing
of
Saul
is
no
wayes
obligatory
to
other
subjects
,
but
that
they
may
lawfully
in
Davids
case
kill
their
Soveraigns
;
But
Davids
resistauce
of
Saul
by
a
guard
of
men
,
being
only
that
ordinary
way
which
all
subjects
in
all
ages
have
used
in
such
cases
,
and
that
which
nature
teacheth
not
onely
men
,
but
all
living
creatures
generally
to
use
for
their
own
defence
,
and
this
evasion
derogating
exceedingly
from
the
personall
safety
of
Princes
,
yea
,
and
exposing
them
to
such
perils
as
they
have
cause
to
con
the
Dr.
small
thanks
for
such
a
bad
invention
,
I
shall
reject
it
as
the
extraordinary
fansie
of
the
Dr.
&
other
loyalists
,
void
both
of
truth
and
loyalty
.
The
7.
Objection
out
of
the
Old
Testament
is
this
,
1.
Sam.
8.
11.
Samuel
tells
the
people
,
how
they
should
be
oppressed
under
kings
;
[
g
](A91298-e33700-b)
g
Dr
Fern
,
Resolving
of
Conscience
,
Sect.
2.
p.
10.
And
others
.
yet
all
that
violence
and
injustice
that
should
be
done
unto
them
,
is
no
just
cause
of
resistance
:
for
they
have
NO
REMEDY
LEFT
THEM
BVT
CRYING
TO
THE
LORD
,
v.
18.
And
ye
shall
cry
out
in
that
day
because
of
the
King
which
ye
shall
have
chosen
you
,
and
the
Lord
will
not
hear
you
in
that
day
.
To
this
I
answer
1.
oppression
,
violence
,
and
inju●
(
not
lawfull
power
)
of
Kings
,
which
should
cause
them
thus
to
cry
out
to
God
This
truth
we
have
clearly
gained
by
this
objection
,
for
which
some
Royallists
will
renounce
their
champion
.
2.
It
is
but
a
meer
fallacie
and
absurdity
not
warranted
by
the
Text
;
which
saith
not
,
that
they
shall
onely
cry
out
;
or
that
they
shall
use
no
remedy
or
resistance
,
but
crying
out
;
which
had
been
materiall
,
but
ba●ely
,
ye
shall
cry
out
in
that
day
,
&c.
Ergo
,
they
must
and
should
onely
crie
out
,
and
not
resist
at
all
;
is
a
grosse
Non-sequitur
:
which
Argument
because
much
cryed
up
,
I
shall
demonstrate
the
palpable
absurdity
of
it
by
many
parrallell
instance
.
First
,
Every
Christian
is
bound
to
pray
for
Kings
and
Magistrates
,
1
Tim.
2.
1
,
2.
Ergo
,
they
must
onely
pray
and
not
fight
for
them
,
nor
yeeld
tribute
or
obedience
to
them
:
Kings
and
their
Subjects
too
are
bound
to
crie
out
,
and
pray
to
God
against
forraign
enemies
that
come
to
war
against
them
,
as
[
b
](A91298-e33820-b)
b
Exod.
14.
Moses
did
against
Pharaoh
and
his
Host
,
[
i
](A91298-e33850-b)
i
Psa.
59.
I.
10
and
other
Psal.
David
against
his
enemies
,
[
k
](A91298-e33870-b)
k
2
Chron.
32.
20.
2
King
.
19.
Hezekiah
against
Sennacherib
and
his
Hoste
,
[
l
](A91298-e33900-b)
l
2
Chron.
14.
9
9.
to
15.
Asa
against
his
enemies
,
[
m
](A91298-e33920-b)
m
2
Chron.
13
14
,
15
,
16.
Abijah
and
the
men
of
Iudah
against
Ieroboam
and
the
Israelites
their
enemies
;
and
as
all
Christians
usually
do
against
their
enemies
.
(
Yea
,
I
make
no
doubt
but
the
Doctor
,
and
other
Court-Chaplains
,
inform
his
Majesty
and
the
Cavalleers
,
that
they
must
cry
to
God
against
the
Parliamenteers
and
Round
heads
now
in
Arms
to
resist
them
;
)
Ergo
,
they
must
onely
pray
,
but
in
no
wise
resist
or
fight
against
them
;
All
men
must
pray
to
God
for
their
[
n
](A91298-e33980-b)
n
Mat.
16.
11.
daily
bread
:
Ergo
,
they
must
onely
pray
and
not
labour
for
it
;
Sick
[
o
](A91298-e34010-b)
o
Iam.
5.
14
,
15
,
16.
persons
must
pray
to
God
to
restore
their
health
:
Ergo
,
they
must
take
no
Physick
,
but
onely
pray
;
All
men
are
expresly
commanded
to
[
p
](A91298-e34030-b)
p
Psal.
50.
15
crie
and
call
upon
God
in
the
day
of
trouble
,
Ergo
,
they
must
use
no
meanes
but
prayer
to
free
themselves
from
trouble
;
pretty
Logick
,
Reason
,
Divinity
,
fitter
for
derision
then
any
serious
Answer
.
This
is
all
this
Text
concludes
,
and
that
grosly
mistaken
Speech
of
Saint
Ambrose
,
Christians
weapons
are
Prayers
,
and
Tears
;
of
which
anon
i●
its
due
place
,
In
one
word
,
prayer
no
more
excludes
resistance
,
then
resistance
,
prayer
;
both
of
them
may
,
and
sometimes
(
when
defence
is
necessary
,
as
now
)
ought
to
concurre
;
so
that
our
Court
Doctors
may
as
well
argue
,
(
as
some
Prelates
not
long
since
did
in
word
and
deed
)
Ministers
ought
to
pray
,
and
Gods
[
*
](A91298-e34080-b)
*
Match
.
22.
23.
House
is
an
Oratory
for
prayer
:
Ergo
,
they
must
not
Preach
(
atleast
,
●ery
seldom
)
or
make
his
House
an
Auditory
for
Preaching
:
Or
as
rationally
reason
from
this
Text
,
That
Subjects
must
cry
out
to
God
against
their
kings
oppressions
,
Ergo
,
they
must
not
petition
their
Kings
,
much
lesse
complain
to
their
Parliament
for
relief
;
as
conclude
from
thence
;
Ergo
,
they
may
in
no
case
resist
the
king
,
The
eighth
is
this
,
[
q
](A91298-e34190-b)
q
Dr
ferne
,
Sect.
2
,
3.
An
App●al
to
thy
Conscience
.
None
of
the
Prophets
in
the
old
Testament
,
reprehending
the
Kings
of
Israel
and
Iudeh
for
their
grosse
Iaolatry
,
cruelty
,
oppression
,
did
call
upon
the
Elder
of
the
people
for
the
duty
of
resistance
;
neither
do
we
finde
the
people
resisting
,
or
taking
up
Arms
against
any
of
their
kings
,
no
not
against
Ahab
or
Manasseh
,
upon
any
of
these
grounds
:
Ergo
,
resistance
is
unlawfull
.
To
which
I
must
reply
,
first
,
That
none
of
the
Prophets
did
ever
forbid
resistance
in
such
cases
,
under
pain
of
Damnation
,
as
our
new
Doctors
do
now
;
Ergo
,
it
was
lawfull
,
because
not
prohibited
.
Secondly
,
that
as
none
of
the
people
were
then
inhibited
to
resist
,
so
not
dehorted
from
it
:
therefore
they
might
freely
have
done
it
,
had
they
had
hearts
and
zeal
to
do
it
.
[
*
](A91298-e34320-b)
*
Antique
,
Iud.
l.
4.
c.
8.
Iosephus
resolves
expresly
,
That
by
the
very
Law
of
God
,
Deuter.
17.
If
the
King
did
contrary
to
that
Law
,
multiply
silver
gold
,
and
horses
to
himself
,
more
then
was
fitting
,
the-Israelites
might
lawfully
resist
him
,
and
were
bound
to
do
it
,
to
preserve
themselves
from
Tyrannie
;
Therefore
no
doubt
they
might
have
lawfully
resisted
their
Kings
Idolatry
,
cruelty
oppressions
.
Fourthly
,
[
q
](A91298-e34380-b)
q
Explanat
.
Artit
.
42.
Operum
,
Tom.
1.
84
Hulderichus
Zuinglius
,
a
famous
Protestant
Divine
,
with
others
,
positively
affirms
,
That
the
Israelites
might
not
onely
lawfully
resist
,
but
likewise
depose●
he●r
Kings
for
their
wickednesses
and
Idolatries
;
yea
,
That
all
the
people
were
justly
punished
by
God
,
because
they
removed
not
their
flagitious
,
idolatrous
Kings
and
Princes
out
of
their
places
,
which
he
proves
by
Ierem
15.
where
after
the
four
Plagues
there
recited
,
the
Prophet
subjoynes
the
cause
of
them
,
saying
,
Verse
4.
I
will
give
them
in
fury
to
all
the
Kingdoms
of
the
Earth
;
(
that
is
,
I
will
stirre
up
in
fury
all
the
kings
of
the
earth
against
them
)
because
of
Manasseh
the
son
of
Hezekiah
king
of
Iudah
,
for
that
which
he
did
in
Ierusalem
.
This
Manasseh
had
committed
many
wickednesses
by
Idolatrie
and
the
stedding
of
innocent
blood
,
as
we
may
see
in
the
one
and
twentieth
Chapter
of
the
second
of
the
Kings
;
for
which
evills
the
Lord
grievously
punished
the
people
of
Israel
:
Manasseh
shed
overmuch
innocent
blood
,
untill
he
had
filled
Ierusalem
even
to
the
mouth
,
with
his
sins
wherewith
he
made
Iudah
to
sinne
,
that
it
might
do
evill
before
the
Lord
:
Therefore
because
Manasseh
King
of
Iudah
did
these
most
vile
abominations
,
above
all
that
the
Amorites
had
done
before
him
,
and
made
the
Land
of
Iudah
to
sin
in
his
undeanesse
,
therefore
thus
saith
the
Lord
God
of
Israel
,
Behold
,
I
will
bring
evill
upon
Ierusalem
and
Iudah
,
that
whosever
shall
hear
,
both
his
ears
shall
tingle
&c.
In
summe
,
if
the
Iews
had
not
thus
permitted
their
King
to
be
wicked
WITHOVT
PVNISMENT
,
they
had
not
been
so
griev●●nsly
punished
by
God
.
We
ought
to
pull
and
crost
away
even
our
eye
that
offends
so
a
hand
and
foot
,
&c.
If
the
Israelites
had
thus
DE
OSED
Manassch
by
consent
and
suffrages
of
all
,
or
the
greatest
part
of
the
multitude
;
they
had
not
been
so
grievessly
punished
of
God
.
So
Zuinglius
,
with
whom
even
[
s
](A91298-e34510-b)
s
Third
Part
of
the
True
Difference
between
Christion
subjection
,
&c
p.
513.
514.
B.
Rilson
himself
in
some
sort
accords
who
in
de
ending
&
interpreting
his
opinion
,
c●ntesseth
,
[
t
](A91298-e34540-b)
t
1
Sam.
14.
That
it
is
a
question
among
the
Learned
,
What
Soveraignty
the
whole
people
of
Israel
had
over
their
Kings
;
confessing
,
that
the
peoples
resouing
Ionathan
that
he
died
not
,
when
Saul
would
have
put
him
to
d●●th
,
[
u
](A91298-e34570-b)
u
1
Chron.
13.
Davids
speech
to
the
peo●le
when
he
purposed
to
reduce
the
Arke
,
[
x
](A91298-e34600-b)
x
1
Kin.
12.
all
the
Congregations
speech
and
carriage
toward
Rehoboam
when
they
came
to
make
him
King
,
with
the
[
y
](A91298-e34620-b)
y
Ier.
26.
p●ople
:
speech
to
Ieremy
,
Thou
shalt
die
the
death
;
have
perswaded
some
,
and
might
lead
Zuingli●s
to
think
that
the
people
of
Israel
,
notwithstanding
they
called
for
a
King
,
yet
RE●ERVED
TO
THEMSELVES
SVFFICIENT
AVTHORITY
TO
OVERRVLE
THEIR
KING
,
IN
THOSE
THINGS
WHICH
SEEMED
EXPEDIENT
AND
NEEDFVLL
FOR
THE
PVBLIKE
WLLFARE
;
else
God
would
not
punish
the
people
for
the
kings
iniquity
,
which
they
must
suffer
,
and
not
redresse
.
Which
opinion
,
if
as
Orthodox
,
as
these
learned
Divines
and
Iosephus
averre
it
,
not
onely
quite
ruines
our
Opposites
Argument
,
but
their
whole
Treatises
and
cause
at
once
.
But
fiftly
,
I
answer
,
that
subjects
not
onely
by
command
of
Gods
Prophets
,
but
of
God
himself
,
and
by
his
speciall
approbation
have
taken
up
Arms
against
their
Idolatrous
Princes
,
to
ruine
them
and
their
Posterities
:
A
truth
so
apparent
in
Scripture
,
that
I
wonder
our
purblinde
Doctors
discern
it
not
:
For
did
not
God
himself
,
notwithstanding
his
frequent
(
conditionall
)
Promises
to
establish
the
Kingdom
of
Israel
on
David
,
Solomon
and
their
Posterity
;
for
[
z
](A91298-e34700-b)
z
1
King
.
11.
1.
to
40.
Solomons
grosse
Idolatry
(
occasioned
by
his
Wives
)
tell
Solomon
in
expresse
terms
?
Wherefore
for
as
much
as
this
is
done
of
thee
,
and
thou
hast
not
kept
my
Covenant
and
my
Statutes
,
which
I
have
commanded
thee
,
I
will
surely
REND
THE
KINGDOM
FROM
THEE
,
and
will
give
it
to
thy
servant
.
Notwithstanding
in
thy
dayes
I
will
not
do
it
,
for
David
thy
fathers
sake
;
but
I
will
rend
it
out
of
the
hand
of
thy
son
.
Did
not
the
Prophet
Abijah
in
pursuance
hereof
,
rending
Ierohoams
garment
into
twelve
pieces
,
tell
him
?
Thus
saith
the
Lord
,
the
God
of
Israel
,
behold
,
I
will
rend
the
Kingdom
out
of
the
hand
of
Solomon
,
and
will
give
ten
tribes
to
thee
;
And
I
will
take
the
Kingdom
out
of
his
sons
hand
,
and
will
give
it
unto
thee
,
even
ten
Tribes
;
and
I
will
take
thee
,
and
thou
shalt
reign
according
to
all
that
thy
soul
desireth
,
and
shalt
be
King
over
Israel
;
and
I
will
for
this
afflict
the
Seed
of
David
.
y
Yea
,
[
a
](A91298-e34810-b)
a
1
King
.
12.
2
Chr.
10.
did
not
ALL
ISRAEL
upon
Solomons
death
,
when
Rehoboam
his
son
refused
to
grant
their
iust
requests
at
their
coming
to
Sechem
to
make
him
king
,
use
this
speech
to
the
king
,
What
Portion
have
we
in
David
?
neither
have
we
inheritance
in
the
son
of
lesse
,
to
your
Tents
ô
Israel
:
now
see
to
thine
own
house
David
.
Whereupon
they
departed
and
fell
away
from
the
house
of
David
ever
after
,
and
made
Iereboam
King
over
all
Israel
.
And
doth
not
the
Text
directly
affirm
?
Whenefore
Rehoboam
hearkned
not
unto
the
people
,
for
the
cause
was
from
the
Lord
,
that
he
might
perform
the
saying
which
the
Lord
spake
to
Abijah
unto
Ieroboam
,
the
son
of
Nebat
.
After
which
when
Rehoboam
raised
a
mighty
Army
to
reduce
the
ten
Tribes
to
obedience
,
the
Word
of
the
Lord
came
to
Shemaiah
the
man
of
God
.
saying
,
Speak
unto
Rehoboam
and
all
the
house
of
Iudah
and
Benjamin
,
Thus
SAITH
THE
LORD
,
Ye
shall
not
go
up
to
fight
against
your
brethren
the
children
of
Israel
,
return
every
man
to
his
house
;
FOR
THIS
THING
IS
FROM
ME
;
They
hearkned
therefore
to
the
word
of
the
Lord
and
returned
to
depart
,
according
to
the
word
of
the
Lord.
Lo
here
a
Kingdom
quite
rent
a
way
from
the
very
house
of
David
;
yea
,
a
new
King
and
kingdom
erected
by
the
People
,
by
Gods
and
his
Prophets
speciall
direction
,
and
approbation
,
for
King
Solomons
Idolatry
.
Who
is
such
a
stranger
to
the
sacred
Story
,
but
hath
oft-times
read
,
how
God
anoynted
Iehu
King
,
of
purpose
to
extirpate
and
out
off
the
whole
house
of
K.
Ahab
his
Lard
for
his
and
Iezabels
Idolatry
and
blood-shed
,
in
flaying
the
Prophets
,
and
unjustly
executing
Naboth
for
his
Vineyard
?
in
performance
whereof
he
slew
his
Soveraign
King
Ioram
,
Ahaziah
King
of
Iudah
,
Queen
Iezabel
,
all
Ahabs
posterity
,
his
great
men
,
his
Nobles
,
and
all
the
Priests
and
Worshippers
of
Baal
,
till
he
left
none
remaining
,
according
to
the
word
of
the
Lord
which
he
spake
by
his
servant
Elijah
,
2
Kings
c.
9.
&
10.
For
which
good
service
the
Lord
said
unto
Iehu
,
Because
THOV
HAST
DONE
WELL
in
executing
that
which
is
right
in
mine
eyes
,
and
hast
done
unto
the
house
of
Ahab
according
to
all
that
was
IN
MINE
HEART
,
thy
children
of
the
4.
generation
,
shall
sit
on
the
Thron
of
Israel
.
This
fact
therefore
of
his
thus
specially
commanded
,
approved
,
rewarded
by
God
himself
,
must
needs
be
just
and
lawfull
,
nor
Treason
,
nor
Rebellion
in
Iehu
,
unlesse
the
Opposites
will
charge
God
to
be
the
author
,
approver
,
and
rewarder
of
sin
,
of
Treason
.
Neither
will
it
serve
their
turns
to
Reply
,
[
b
](A91298-e35200-b)
b
Deut.
13.
thorowout
.
c.
17.
1.
to
8.
For
since
God
hath
frequently
injoyned
all
grosse
incorrigible
Idolaters
(
especially
those
who
are
nearest
and
dearest
to
,
and
most
potent
to
seduce
us
)
to
be
put
to
death
,
without
any
pitty
,
or
exception
of
Kings
,
whose
examples
are
most
pernicious
,
and
apt
to
corrupt
the
whole
Nation
,
as
the
presidents
of
the
Idolatrous
kings
of
Israel
and
Iudah
abundantly
evidence
)
if
Kings
become
open
professed
Idolaters
,
though
private
persons
may
not
murther
them
,
and
their
families
,
as
Iehu
;
yet
the
representative
body
,
or
greater
part
of
their
Kingdoms
,
(
as
many
Pious
Divines
affirm
)
may
lawfully
convent
,
depose
,
if
not
judge
them
capitally
for
it
:
and
Gods
putting
zeal
and
courage
into
their
hearts
,
or
exciting
them
by
his
faithfull
Ministers
,
to
such
a
proceeding
,
is
a
sufficient
Divine
Commission
to
satisfie
Conscience
,
if
no
sinister
private
ends
,
but
meer
zeal
of
Gods
glory
,
and
detestation
of
Idolatry
be
the
onely
Motives
to
such
their
proceedings
.
[
c
](A91298-e35260-b)
c
1
Kin.
15●
27.
to
34.
1.
16
1
,
2.
Thus
we
read
,
God
stirred
up
Baacha
,
exalted
out
of
the
dust
,
and
made
him
a
Prince
over
the
house
of
Israel
,
who
slew
king
Nadab
,
and
smote
all
the
house
of
Jeroboam
,
till
he
left
him
not
any
that
breatned
,
because
of
the
sins
of
Ieroboam
which
he
sinned
,
and
which
he
made
Israel
sin
,
by
his
provocations
wherewith
he
provoked
the
Lord
God
of
Israel
to
anger
;
who
going
on
after
in
Ieroboams
sins
,
[
d
](A91298-e35330-b)
d
r
Kings
16.
1
,
to
,
20.
God
threatens
to
out
off
all
his
house
,
and
make
it
like
the
house
of
Ieroboam
;
which
was
actually
executed
by
Zimri
,
who
slew
his
Soveraign
King
Elah
,
son
to
Baacha
,
With
all
the
house
of
Baacha
,
and
left
not
one
that
pissed
against
the
wall
,
neither
of
his
kinsfolks
,
nor
of
his
friends
,
according
to
the
word
of
the
Lord
which
he
spake
against
Baacha
by●
●chu
the
Prophet
.
Which
act
of
Zimri
,
though
a
just
judgement
in
regard
of
God
,
on
the
family
of
Baacha
for
their
Idolatry
,
was
notwithstanding
reputed
Treason
in
Zimri
,
because
he
did
it
not
out
of
Conscience
or
zeal
against
Idolatry
,
being
,
and
continuing
an
Idolater
himself
;
but
onely
out
of
ambition
to
usurp
the
Crown
,
without
the
peeples
consent
;
whereupon
all
the
people
made
Omri
King
and
then
going
all
to
the
Royall
Palace
,
set
it
on
fire
,
and
burnt
Omri
in
it
,
both
for
his
sins
,
Idolatries
,
and
Treason
which
he
wrought
.
We
read
expresly
,
[
e
](A91298-e35490-b)
e
2
Chron.
25
,
27
,
28.
c
,
to
6.
1
King
.
14.
19
,
20
,
21.
c
,
15.
that
after
the
time
that
Amaziah
did
turn
away
from
following
the
Lord
,
they
(
for
this
)
conspired
a
conspiracie
against
him
in
Ierusalem
,
and
he
fled
to
Lachish
,
but
they
sent
to
Lachish
after
him
,
slew
him
there
;
and
they
brought
him
upon
horses
,
and
buried
him
with
his
fathers
in
the
City
of
Iudah
.
Then
all
the
people
of
Iudah
took
Uzziah
,
who
was
16
years
old
,
and
MADE
HIM
KING
in
the
room
of
his
father
Amaziah
,
and
he
did
that
which
was
right
in
the
sight
of
the
Lord
.
So
[
f
](A91298-e35610-b)
f
2
King
.
15.
Zachariah
,
Shallum
,
Pekahiah
,
Pekah
,
four
evill
Kings
of
Iudah
,
successivly
acquiring
the
Crown
by
murther
,
and
reigning
evilly
in
Gods
fight
,
were
all
slain
by
Gods
just
judgement
on
them
,
of
one
another
,
and
Hoshea
.
In
few
words
,
God
himself
ever
annexed
this
condition
to
the
Kings
of
Israel
and
Iudah
,
that
they
should
serve
and
fear
him
,
obey
him
Laws
,
keep
his
Covenant
,
otherwise
if
they
did
wickedly
for
sake
him
,
or
commit
idolatry
,
he
would
destroy
,
forsake
,
and
cast
them
and
their
seed
off
from
being
[
*
](A91298-e35640-b)
*
1
Sam.
12.
14.
19
,
25.
2
Sam.
7.
11
,
12
,
14
,
15
,
16
,
Psa.
89.
30
,
31
,
32
,
O
Chro.
28.
7
,
8
,
9.
1
Kin.
11.
9
,
10
,
11
,
12.
32
,
38.
1
Sam.
19.
23
,
26
,
27
,
28
29
,
25
c.
16.
1.
comfared
with
Deut.
7.
16
to
the
end
.
Kings
.
When
therefore
they
apparently
violated
the
condition
,
the
whole
State
and
people
,
as
Gods
Instruments
,
lawfully
might
,
and
sometimes
did
by
Gods
speciall
direction
,
remov
depose
,
and
sometimes
put
them
even
to
death
for
their
grosse
iniquities
,
and
idolatries
;
and
when
they
did
it
not
,
it
was
not
(
as
many
think
)
for
want
of
lawfull
Soveraign
Authority
remaining
in
the
whole
State
and
people
,
(
as
I
shall
fully
manifest
in
the
Appendix
)
but
out
of
a
defect
of
zeal
,
out
of
a
generall
complying
with
their
Kings
in
[
g
](A91298-e35680-b)
g
1
King
12.
3
c
,
3.
33.
34.
c.
4
to
7.
c.
15
to
the
end
of
,
c.
22.
2
King
.
c.
1.
to
the
end
of
6.
25.
2
Chro.
10.
1.
to
the
end
of
c.
24.
their
abominable
idolatries
and
sins
,
which
brought
War
,
Captivity
,
ruine
,
both
on
their
Kings
,
their
Posteritie
,
the
whole
Nation
and
Kingdoms
of
Iudah
,
and
Israel
,
as
the
Sacred
Story
plentifully
relates
.
All
which
considere
,
this
object
on
proves
not
onely
false
,
but
fatall
to
the
Obiectors
cause
,
who
might
with
more
discretion
have
forborn
,
then
forced
such
an
answer
to
it
,
which
I
hope
and
desire
no
private
persons
will
abuse
to
iustifie
any
disloyalty
,
sedition
,
Treason
,
Rebellion
,
or
taking
up
of
Arms
against
their
lawfull
Princes
,
though
never
so
evill
,
without
the
publike
consent
and
authority
of
the
representative
bodies
or
major
part
of
their
severall
Realms
byassed
with
no
sinister
nor
private
respects
,
but
ayming
onely
at
Gods
glory
,
and
the
publike
weale
security
,
peace
of
Church
and
State
.
Thus
much
in
answer
to
the
principall
Objections
out
of
the
Old
Testament
.
The
ninth
and
most
materiall
[
h
](A91298-e35750-b)
h
Dr
Ferne
,
Sect.
2.
p
10
,
11
,
12
ande
sewhere
.
The
netessitie
of
Christian
Sub●ection
,
Oxford
,
1643.
Appeal
to
thy
Conscience
,
1643.
I
he
Lords
Anointed
,
Oxford
,
1643
with
others
.
Objection
,
on
which
our
Opposites
principally
relie
,
is
that
noted
Text
in
the
new
Testament
,
Rom.
13.
1
,
2.
Let
every
soul
be
subject
unto
the
higher
Powers
,
for
there
is
no
Power
but
of
God
;
the
Powers
that
be
,
are
Ordained
of
God
.
Whosoever
therefore
resisteth
the
Power
,
resisteth
the
Ordinance
of
God
,
and
they
that
resist
,
shall
receive
to
themselves
damnation
.
From
whence
Dr.
Fern
concludes
,
1.
That
the
King
is
the
Supreme
or
Highest
Power
here
intended
.
2.
That
all
persons
under
the
Highest
Power
are
expressely
forbidden
to
resist
.
3.
That
in
those
dayes
there
was
astanding
and
continuall
great
Senate
,
which
not
long
before
had
the
Supreme
Power
in
the
Roman
State
,
and
might
challenge
more
by
the
fundamentalls
of
that
State
,
then
our
Great
Councell
will
or
can
.
But
now
the
Emperour
being
supreme
,
as
S.
Peter
calls
him
,
or
the
Higher
Power
,
as
S.
Paul
here
,
there
is
no
power
of
resistance
left
to
any
that
are
under
him
,
by
the
Apostle
.
4
Was
there
ever
more
cause
of
resistance
then
in
those
dayes
?
Were
not
the
Kings
then
not
onely
conceived
to
be
inclined
so
,
and
so
,
but
even
actually
to
be
enemies
of
Religion
,
had
overthrown
Laws
and
Liberties
?
And
therefore
if
any
should
from
the
Apostles
reasons
that
he
gives
against
resistance
in
the
3
,
4
,
5
,
Verses
.
(
for
Rulers
are
not
a
terror
to
good
works
,
but
evill
,
and
he
is
the
Minister
of
God
to
thee
for
good
)
replie
,
That
Rulers
so
long
as
they
are
not
a
terror
to
the
good
,
but
ministers
for
our
good
,
are
not
to
be
resisted
;
the
consideration
of
those
times
leaves
no
place
for
such
exception
,
because
the
Powers
then
(
which
the
Apostle
forbids
to
resist
)
were
nothing
so
,
but
subverters
of
that
which
was
good
and
just
.
The
Emperors
did
then
indeed
rule
abs●l●tely
●d
arburarily
,
which
should
have
according
to
the
Principles
of
those
dayes
beene
astro●ger
motive
to
resist
.
But
how
did
they
make
themselves
of
Subjects
such
absolute
Monarchs
?
was
it
not
by
force
and
change
of
the
Government
?
and
was
not
the
right
of
the
People
and
Senate
(
according
to
the
Principles
of
these
dayes
)
good
against
them
,
with
as
much
or
more
reason
,
then
the
right
of
the
people
of
this
Land
is
against
the
Succession
of
this
Crown
,
des●nding
by
three
Conquests
?
5.
The
prohibition
doth
not
onely
concern
Christians
,
but
all
the
people
under
those
Emperors
,
and
not
onely
Religion
was
persecuted
,
but
Liberties
also
lost
,
the
people
and
Senate
were
then
enslaved
by
Edicts
and
Laws
then
inforced
on
them
by
Nero
and
other
Roman
Emperours
,
yet
notwithstanding
the
Apostle
prohibits
them
to
resist
.
By
all
which
conscience
will
clearly
see
,
it
can
have
no
warrant
in
Scripture
for
resistance
,
to
wit
,
of
the
King
,
or
his
invading
Forces
,
by
way
of
necessary
defence
.
So
the
Doctors
and
other
Objectors
hence
conclude
.
To
give
a
satisfactory
Answer
to
this
grand
Objection
,
I
shall
in
the
first
place
inquire
,
Whether
there
be
any
thing
in
this
Text
,
prohibiting
subjects
to
resist
with
Force
the
armed
unjust
violence
of
their
Princes
persons
or
instruments
,
especially
when
they
are
bent
to
overthrow
Religion
,
Laws
,
Liberties
,
the
Republike
,
and
turn
professed
Tyrants
?
And
under
correction
,
I
conceive
there
is
not
the
least
syllable
or
shadow
in
this
Text
for
any
such
inhibition
,
as
is
pretended
.
Not
to
insist
upon
the
words
,
higher
Powers
odained
of
God
,
&c.
which
extend
not
unto
Tyrannie
and
illegall
exorbitant
oppressions
,
of
which
hereafter
;
I
shall
deducemy
first
Demonstrations
to
prove
this
negative
Assertion
,
from
the
occasion
inducing
the
Apostle
to
insert
these
objected
Verses
into
this
Epistle
:
[
i
](A91298-e35900-b)
i
Sixsold
Comment
,
on
Rom.
13.
Quest.
1.
p.
576.
Dr
Willet
recites
7.
Reasons
of
it
,
all
fortifying
my
assertion
;
I
shall
mention
onely
the
three
most
probable
,
most
received
of
them
,
and
apply
them
as
I
go
.
First
,
the
Roman
Magistrates
being
then
infidels
,
the
new
converted
Christians
among
them
,
either
did
,
or
might
take
themselves
to
be
wholly
exempted
from
any
subjection
or
obedience
to
them
,
reputing
it
a
great
incongruity
,
that
Christians
should
owe
any
subjection
to
Pagans
:
To
refute
which
error
,
the
Apostle
informs
them
,
that
though
the
Magistrates
themselves
were
Ethnicks
,
yet
their
Authority
and
Power
was
from
God
himselfe
;
therefore
their
profession
of
Christianitie
did
rather
oblige
them
to
,
then
exempt
them
from
subjection
.
Thus
Haymo
Soto
,
Calvin
,
Guather
,
Marlorat
,
Willet
,
Pareus
,
with
others
on
this
Text.
Turn
this
Reason
then
into
an
Argument
,
and
it
will
be
but
this
Non
sequitur
:
Christianity
exempts
not
subjects
from
due
obedience
to
iust
Pagan
Magistrates
,
Ergo
,
Tyrants
may
not
be
resisted
,
neither
ought
the
Parliament
and
their
Forces
to
resist
the
King
Cavallcers
unjust
assaults
,
as
the
case
is
formerly
stated
.
Pretty
Logick
,
and
Divinity
.
2.
The
Gaulonites
,
as
[
k
](A91298-e36000-b)
k
Antiqu.
Iud.
l.
18.
c.
1.
2.
Iosephus
records
,
with
other
Iews
,
being
Abrahams
seed
,
held
it
unlawfull
for
them
to
yeeld
any
subjection
or
tribute
to
the
Roman
Emperors
,
or
other
Heathen
Princes
,
reigning
over
them
;
whereupon
they
demanded
this
question
of
Christ
himself
,
It
is
lawfull
to
pay
tribute
to
Caesar
?
Matth.
12.
which
error
perehance
spread
it self
into
the
Christian
Church
,
by
reason
of
Evangelicall
Libertie
,
grounded
on
Ioh.
8.
If
the
Son
shall
make
you
free
,
then
are
ye
free
indeed
;
Mat.
17.
Then
are
the
Children
free
;
and
Ro.
6.
We
are
not
under
the
Law
,
but
under
Grace
.
●o
refell
this
mistake
,
the
Apostle
inserted
these
passages
into
this
Epistle
;
Thus
Soto
,
Calvin
,
Peter
Martyr
,
Willet
,
and
others
.
Whence
nothing
but
this
can
be
properly
concluded
,
Neither
the
Prerog●tive
of
the
●ews
,
not
Liberty
of
Christians
exempts
them
from
due
subjection
to
l●wfull
hea
he
●
Magistrates
,
because
they
are
Gods
Ordinance
,
Ergo
,
No
Subjects
can
with
safe
conscience
defend
themselves
in
any
case
against
the
unjust
invasions
of
Tytannicall
Princes
or
their
Armies
.
A
palpable
Inconsequent
.
Thirdly
,
the
Apostle
having
formerly
t●ught
,
[
*
](A91298-e36110-b)
*
Rom.
12
,
19
,
that
Christians
might
not
avenge
themselves
:
lest
some
might
have
inserred
thereupon
(
as
many
[
*
](A91298-e36130-b)
*
O
slander
.
Enchir
contr.
cap.
●
.
de
Magist
.
Polit.
Anabaptists
have
done
)
that
it
was
not
lawfull
for
Christians
to
use
the
Magistrates
defence
against
wrongs
,
nor
for
the
Magistrate
himself
to
take
vengeance
of
evill
doers
:
To
prevent
this
the
Apostle
argues
,
That
the
Magistrates
are
Gods
Ministers
,
appointed
by
him
to
punish
Malefactors
,
and
take
vengeance
on
them
.
So
Gualther
,
Willet
,
and
others
.
To
conclude
from
this
ground
:
Oppressed
Subjects
may
seek
redresse
of
their
grievances
from
the
Magistrates
,
who
may
lawfully
punish
Malefactors
,
Ergo
,
they
may
not
resist
with
force
,
Tyrannicall
bloody
Magistrates
,
or
their
wicked
Instruments
,
when
they
actually
make
war
upon
them
,
to
ruine
,
spoyl
,
enslave
them
,
is
but
a
ridiculous
Non
sequitur
.
There
is
nothing
therefore
in
the
occasions
of
the
Apostles
words
which
gives
the
least
colour
,
to
disprove
the
lawfulnesse
of
such
resistance
,
or
of
the
Parliaments
just
defensive
war
.
Secondly
,
this
is
manifest
by
the
whole
Scope
of
this
Text
,
which
in
summe
is
onely
this
,
That
Christians
ought
in
conscience
to
(l)
be
subject
to
all
lawfull
higher
Powers
,
so
farre
forth
as
they
are
Gods
Ordinance
,
Gods
Ministers
,
for
their
good
,
to
the
praise
of
the
good
,
and
punishment
of
evill
doers
,
and
notto
resist
them
in
the
execution
of
their
just
Authority
:
Or
Christianity
exempts
not
Christians
from
obedience
unto
faithfull
Civill
Magistrates
:
to
inferre
from
thence
.
Ergo
it
is
unlawfull
for
Christians
in
point
of
conscience
to
resist
their
Magistrates
when
they
warre
upon
them
to
subvert
Religion
,
Lawes
,
Liberties
,
slay
,
plunder
them
,
is
but
a
meer
non-sence
deduction
.
Thirdly
,
this
appeares
most
perspicuously
from
the
motives
to
obedience
,
and
reasons
against
resistance
of
Magistrates
specified
by
the
Apostle
in
the
text
it selfe
.
First
,
the
higher
Powers
must
be
submitted
to
,
and
not
resisted
,
because
they
are
ordained
of
God
,
and
are
Gods
Ordinance
,
vers.
1.
2.
But
they
are
ordained
of
God
and
his
Ordinance
,
so
far
forth
only
as
they
govern
according
to
his
Word
;
and
preserve
,
[
m
](A91298-e36270-b)
m
Isay
32.
1
,
2.
c.
49.
23.
1
Sa.
8.
20.
Psa.
78.
72
,
73
,
74.
protect
Religion
,
Lawes
,
Liberties
,
the
persons
and
estates
of
their
people
;
They
are
not
Gods
Ordinance
,
[
n
](A91298-e36300-b)
n
Paraus
,
Willet
,
So●o
,
and
others
.
but
the
Devils
,
when
they
doe
quite
contrary
,
[
o
](A91298-e36320-b)
o
1
Pet.
5.
8.
walking
about
like
roaring
Lions
,
seeking
whom
they
may
devoure
,
as
the
Devill
doth
;
According
to
that
resolution
of
Bracton
,
and
Fleta
[
p
](A91298-e36360-b)
p
Lib.
3.
c.
9.
f.
107.
Exercere
debet
Rex
potestatem
Iuri●
sicut
Dei
Vicarius
&
Ministeri
in
terra
,
quia
illa
Potestas
SOLIVS
DEI
EST
potestas
autem
injuriae
DIABOLI
ET
NON
DEI
;
Cujus
horum
operum
fecerit
Rex
ejus
minister
erit
.
Igitur
dum
facit
justitiam
,
vicarius
est
Regis
aeterni
:
MINISTER
AVTEM
DIABOLI
dum
declinat
ad
injuriam
.
Therefore
they
are
so
farre
forth
onely
to
be
obeyed
and
not
resisted
,
[
q
](A91298-e36390-b)
q
Fleta
,
l.
1.
〈◊〉
.
17.
as
they
are
Gods
Ordinance
,
and
lawfull
Magistrates
,
not
as
they
are
tyrants
and
the
Devils
Agents
:
we
might
have
obeyed
the
evill
spirits
themselves
whiles
they
continued
good
Angels
;
Ergo
we
must
not
resist
them
now
they
are
turned
Devils
,
is
ill
Logick
,
course
Divinity
,
contrary
to
the
1
Pet.
5.
8
,
9.
Iam.
4.
7.
Secondly
,
because
those
who
resist
shall
receive
to
themselves
damnation
,
temporall
or
eternall
,
since
they
resist
Gods
Ordinance
,
v.
2.
But
that
subiects
should
be
temporally
and
eternally
damned
,
only
for
resisting
tyrannicall
Magistrates
or
their
Cavaleers
,
and
that
by
authority
from
the
Parliament
,
when
they
with
armed
violence
most
impiously
set
themselves
to
subvert
Religion
,
Lawes
,
Liberty
,
Propertie
,
and
take
away
their
lives
,
against
all
Lawes
of
God
and
Man
;
for
which
they
themselves
incurre
both
[
r
](A91298-e36450-b)
r
Isay
14.
4.
ro
23.
1
King
.
1.
21
,
&
22.
Psal.
52.
1.
to
7.
Psa.
7.
13.
Psa.
94.
10.
21.
23.
Psal.
140.
1.
to
13.
temporall
and
eternall
damnation
,
is
such
a
Paradox
,
as
is
no
wayes
warranted
by
,
but
directly
opposite
to
the
Scripture
.
Therefore
it
must
be
intended
onely
of
resisting
lawfull
Authority
,
and
iust
commands
.
3.
They
must
be
subiected
to
,
not
resisted
,
because
Rulers
are
not
a
terror
to
good
work
,
but
to
evil
,
v.
3.
Now
is
this
a
reason
why
Subiects
should
not
resist
tyrannicall
oppressing
Princes
,
Magistrats
,
or
their
Instruments
,
who
are
only
a
terror
to
good
works
,
not
to
evill
?
who
do
[
s
](A91298-e36520-b)
s
Psal.
140.
1.
Io.
60.
Prov
1.
16.
Mich.
2.
13.
c.
3.
23.
1●
.
3.
evill
and
only
evill
continually
,
even
with
both
hands
?
doubtlesse
not
.
We
must
not
resist
Rulers
who
are
a
terror
to
good
works
but
to
evill
;
Ergo
,
we
must
not
resist
Rulers
,
who
are
a
terror
to
good
works
,
not
to
evill
,
as
our
Opposites
conclude
hence
,
is
to
argue
poi●●
blank
against
the
Apostle
;
Ergo
,
we
may
and
must
resist
them
to
our
powers
,
lest
we
be
[
t
](A91298-e36590-b)
t
Rom.
1.
31.
32.
1
Tim.
5.
22
2
Iohn
10.
11.
Rev.
18
4.
partakers
of
their
sinnes
and
punishments
,
and
become
authors
of
Religions
and
the
Commonwealths
subversion
,
is
a
more
proper
inference
.
Fourthly
,
the
Apostle
subjoynes
this
argument
against
resistance
.
Wilt
thou
not
then
be
afraid
of
the
power
?
doe
that
which
is
good
,
and
thou
shalt
have
praise
of
the
same
,
Vers.
3.
That
power
is
not
to
bee
resisted
,
which
wee
need
not
be
afraid
of
,
and
of
whom
we
shall
have
prayse
whiles
we
doe
that
which
is
good
:
But
this
onely
can
bee
intended
of
a
lawfull
power
justly
executed
;
not
of
Tyrants
,
or
their
ill
Ministers
bent
with
force
of
armes
to
ruine
Religion
,
Lawes
,
Liberties
,
;
who
onely
terrifie
,
disgrace
,
discountenance
those
that
are
good
;
applaud
,
advance
none
but
those
who
are
evill
,
and
as
Micah
writes
,
Chap.
3.
2.
3.
Love
the
evill
and
hate
the
good
,
and
pluck
off
their
skin
from
off
them
,
and
their
flesh
from
off
their
bones
,
&c.
Therefore
this
inhibition
of
resistance
extends
onely
to
lawfull
Magistrates
,
not
to
ungodly
oppressing
Tyrants
.
Fiftly
,
he
is
not
to
be
resisted
,
but
obeyed
;
because
he
is
the
Minister
of
God
to
thee
for
good
,
Vers
.
4.
But
is
this
true
of
Tyrants
?
of
ungodly
Magistrates
bent
to
subvert
Religion
,
Lawes
,
Liberties
,
and
destroy
their
people
?
True
of
[
u
](A91298-e36670-b)
u
See
Suetonius
,
Eutropius
,
Zonaras
,
Grimston
and
others
in
their
lives
.
Caligula
,
of
Nero
,
who
wished
all
the
Romans
had
but
one
necke
,
that
he
might
cut
them
all
off
at
one
stroke
;
and
purposely
fired
Rome
to
consume
it
,
beholding
the
flames
as
a
most
delightfull
spectacle
?
Are
such
the
Ministers
of
God
for
our
good
here
intended
?
or
not
rather
,
[
x
](A91298-e36730-b)
x
See
Seneca
de
Clem.
l.
1.
Hosea
13.
11.
the
very
Pests
,
Judgements
,
Scourges
,
Wolves
,
Cut-throats
,
destroyers
of
mankind
,
and
direct
Antinodes
to
all
things
that
are
good
?
If
these
be
not
within
the
Apostles
definition
,
they
are
without
his
inhibition
;
which
extends
onely
to
such
,
who
are
the
Ministers
of
God
to
us
for
good
:
and
implies
a
lawfulnesse
of
resisting
those
who
are
the
Devils
Ministers
to
us
for
evill
,
rather
then
Gods
for
good
.
Sixtly
,
He
subjoynes
this
further
reason
of
obedience
and
not
resistance
,
Vers.
5.
But
if
thou
dost
that
which
is
evill
be
afraid
;
for
he
beareth
not
the
Sword
in
vaine
;
for
hee
is
the
Minister
of
God
,
a
revenger
,
to
execute
wrath
upon
him
that
doth
evill
;
which
no
wayes
suites
with
a
Tyrant
bent
to
subvert
Religion
,
Lawes
,
Liberties
:
For
he
secures
all
evill
men
,
especially
those
who
are
instrumentall
to
advance
his
cruelty
,
and
oppressions
;
gives
liberty
to
all
manner
of
wickednesses
,
Proclaimes
impunity
to
his
ill
instruments
,
knowing
that
of
the
Poet
to
be
true
;
[
y
](A91298-e36820-b)
y
Lucan
.
d.
Bello
Civili
.
l.
8.
p.
141.
Libertas
scelerum
est
quae
Regna
invisa
tuetur
,
&c.
He
beareth
the
sword
not
onely
in
vaine
,
in
reference
to
any
good
end
,
for
the
promoting
of
Gods
glory
and
the
publike
good
;
but
likewise
draweth
it
forth
,
and
useth
it
directly
against
both
;
[
z
](A91298-e36830-b)
z
See
Fox
Acts
and
Monuments
throughout
.
And
is
so
farre
from
being
a
Minister
of
God
,
or
revenger
to
execute
wrath
upon
them
that
doe
evill
,
that
he
is
the
very
Minister
of
the
Devill
,
[
a
](A91298-e36860-b)
a
Apolog.
c.
5.
and
Seneca
devita
beaia
,
c.
24.
Tertullian
,
Nihil
nisi
grande
aliquid
bonum
a
Nerone
damnatum
.
This
reason
then
extends
onely
to
righteous
Governours
,
in
their
execution
of
justice
upon
wicked
malefactors
wherein
they
must
not
be
resisted
;
Not
to
bloody
,
gracelesse
,
lawlesse
Tyrants
and
their
instruments
,
who
by
the
rule
of
contraries
may
and
ought
to
be
resisted
in
their
cruelties
,
oppressions
,
impieties
.
Seventhly
,
the
Apostle
hereupon
concludes
,
Vers.
5.
Wherefore
you
must
of
necessity
be
subject
not
onely
for
wrath
,
but
also
for
conscience
sake
.
This
conclusion
as
the
word
,
Wherefore
,
demonstrates
,
being
inferred
from
the
premised
reasons
,
extending
onely
to
extends
to
all
civill
Magistrates
,
as
well
inferiour
and
subordinate
,
as
superiour
,
(
and
many
sticke
not
to
straine
it
even
to
Ecclesiasticall
ones
)
So
Origen
,
Ambrose
,
Hierome
,
Remigius
,
Theodulus
,
Chrysostome
,
Theodoret
,
Primasius
,
Haymo
,
Rabanus
Maurus
,
Theophylact
,
Oecumenius
,
Haymo
,
Aquinas
,
Anselm
,
Lyra
,
Bruno
,
Gorran
,
Hugo
de
Sancto
Victore
,
Tostatus
,
Luther
,
Calvin
,
Erasmus
,
Melanchthon
,
Gualther
,
Musculus
,
Bucer
,
Hemingius
,
Ferus
,
Fayus
,
Soto
,
Alexander
Alesius
,
Peter
Martyr
,
Pareus
,
Beza
,
Piscator
,
Zuinglius
,
Tollet
,
Willet
,
Wilson
,
Nacclantus
,
Snecanus
,
Vignerius
,
Wenerichius
,
Winckelman
,
Estius
,
Faber
,
Cornelius
a
Lapide
,
Salmeron
,
Catharinus
,
Guilliandus
,
Adam
Sasbout
with
sundry
others
.
This
then
being
irrefragable
,
hereby
it
is
most
apparent
;
First
,
that
no
resistance
of
the
higher
powers
is
here
prohibited
,
but
onely
in
the
due
and
legall
execution
of
their
offices
:
For
if
any
inferiour
Officers
illegally
indeavour
to
subvert
Religion
,
Lawes
,
Liberties
,
and
unrightly
governe
the
people
,
they
may
lawfully
be
resisted
by
them
:
For
example
,
if
a
Maior
,
Justice
of
Peace
,
Constable
or
other
officer
;
extravagating
from
the
common
course
of
Law
and
Justice
;
shall
with
force
of
armes
in
a
riotous
manner
assault
any
private
man
,
or
the
whole
Citie
or
Village
where
he
lives
,
to
beate
,
wound
,
kill
,
plunder
,
dispossesse
the
inhabitants
of
their
houses
,
goods
,
franchises
,
or
assault
them
on
the
highway
side
,
to
take
away
their
purses
;
in
these
and
such
like
cases
,
both
in
point
of
Law
and
conscience
he
may
not
onely
be
forcibly
resisted
,
but
repulsed
,
apprehended
,
battered
,
if
not
lawfully
slaine
by
the
people
,
and
proceeded
against
as
a
delinquent
:
The
reason
is
,
because
these
illegall
unjust
actions
,
are
not
onely
besides
,
without
their
Commissions
,
but
directly
contrary
to
their
offices
,
and
the
Lawes
,
which
never
gave
them
authority
to
act
such
injustice
:
yet
they
are
higher
Powers
ordained
of
God
,
within
this
Text
,
and
no
way
to
be
resisted
in
the
due
execution
of
their
Offices
according
to
Law
.
If
then
these
inferiour
Officers
may
be
thus
forcibly
resisted
,
repulsed
,
notwithstanding
this
Text
,
in
such
cases
as
these
;
then
by
the
selfe
same
reason
Kings
and
Emperours
may
bee
thus
resisted
too
;
since
the
Text
extends
indifferently
to
them
both
.
Let
then
the
objectors
take
their
choyce
;
either
affirme
,
that
no
inferiour
lawfull
Officers
whatsoever
,
may
be
forcibly
resisted
,
by
the
people
,
or
repulsed
,
arraigned
censured
for
their
misdemeanour
,
by
vertue
of
this
Text
;
which
would
bring
an
absolute
Tyranny
,
Anarchy
and
confusion
presently
into
the
world
,
and
make
every
Constable
as
great
a
Tyrant
,
Monarch
as
the
grand
Emperor
of
the
Turks
;
or
else
confesse
,
that
this
Text
condemnes
not
such
resistance
,
even
of
Kings
and
Princes
,
when
they
forcibly
war
upon
their
Subjects
to
subvert
Religion
,
Lawes
,
Liberties
,
and
ruine
the
republike
;
since
it
makes
no
distinction
at
all
betweene
the
ones
power
and
the
others
;
but
equally
enjoynes
subjection
,
prohibits
resistance
unto
both
;
and
that
onely
in
just
administration
of
their
severall
authorities
,
not
in
the
arbitrary
unjust
prosecutions
of
their
wils
and
lusts
.
Secondly
,
it
followes
,
that
the
Kings
Souldiers
,
Cavaliers
and
Forces
now
raised
against
Law
,
and
armed
onely
with
illegall
Commissions
voyd
in
Law
,
as
I
have
proved
;
are
none
of
the
high
powers
ordained
of
God
,
nor
lawfull
Rulers
or
Magistrates
within
the
meaning
of
this
Scripture
;
and
so
the
forcible
resisting
of
them
,
and
of
the
Kings
illegall
commands
and
designes
executed
by
them
,
is
no
resistance
of
the
higher
powers
here
prohibited
.
Thirdly
,
that
the
Houses
of
Parliament
being
in
truth
the
highest
powers
ordained
of
God
in
this
Realme
,
and
their
just
legall
Ordinances
,
Votes
,
Forces
,
for
the
necessary
defence
of
Lawes
,
Liberties
,
Religion
,
against
the
Kings
ill
Counsellors
,
and
Malignant
Popish
Forces
,
neither
may
,
nor
ought
in
conscience
to
be
resisted
by
the
King
himselfe
,
or
any
of
his
Subjects
,
Souldiers
,
under
the
perill
of
that
damnation
mentioned
in
this
Chapter
.
For
the
second
,
It
is
taken
for
granted
by
Doctor
Ferne
and
other
[
a
](A91298-e37060-b)
a
Doctor
Ferne
,
Appeale
to
thy
conscience
;
The
necessity
of
subjection
.
opposites
,
that
he
was
,
as
a
thing
past
doubt
,
the
Senate
and
people
(
as
they
say
)
having
resigned
up
their
power
to
the
Emperour
.
But
this
no
doubt
is
a
grosse
errour
,
(
which
I
have
largely
refuted
in
the
Appendix
,
and
therefore
shall
be
the
briefer
here
)
derived
from
some
civill
Lawyers
;
who
out
of
Justinian
.
Digest
.
lib.
2.
Tet.
2.
and
Instit.
Tit.
2.
falsly
affirme
,
that
Lege
Regia
;
by
the
regall
Law
the
Senate
and
people
transferred
all
their
Empire
and
power
unto
the
Emperour
.
For
first
the
Senate
and
people
(
as
Albericus
Gentilis
well
observes
)
did
not
by
this
Law
give
the
Emperour
all
power
and
command
to
dispose
of
them
,
or
the
lands
and
revenues
of
the
Empire
,
as
he
pleased
;
but
onely
to
governe
them
according
to
their
Lawes
,
as
men
;
not
to
slay
and
alienate
them
as
beasts
.
Thus
reason
dictates
,
so
the
words
of
the
Law
sound
.
[
c
](A91298-e37140-b)
c
Alci
.
l.
3.
de
V.
s
.
l.
35.
&
de
P●●●
.
Divines
are
deceived
,
Lawyers
flatter
,
who
perswade
,
that
all
things
are
lawfull
to
Princes
,
and
that
their
power
is
highest
and
free
.
It
is
ridiculous
to
affirme
,
that
absolute
power
over
the
subjects
belongs
to
Popes
;
which
belongs
not
to
the
Emperours
themselves
over
the
Italians
,
from
whom
they
derive
it
.
Imagine
therefore
that
the
Emperour
had
a
power
never
so
free
,
yet
it
is
not
of
dominion
,
but
of
administration
.
[
d
](A91298-e37150-b)
d
L.
7.
de
Don.
l.
1.
quae
res
,
p.
1.
da.
ob
.
non
.
pos
.
l.
8.
qui
mo
piso
l.
17.
pro.
Empt.
And
he
who
hath
but
a
free
administration
hath
not
the
power
of
donation
.
e
A
gardian
is
then
reputed
in
stead
of
a
Lord
,
cum
tutelam
administrat
,
non
cum
pupillum
spoliat
;
when
he
rightly
administers
his
tutelage
,
not
when
he
spoyles
his
pupill
.
So
Gentilis
.
If
then
the
Emperours
had
onely
a
free
legall
administration
,
not
an
absolute
dominion
;
granted
them
by
the
people
,
then
this
soveraigne
power
still
resided
in
the
Senate
and
people
,
as
Justinian
Digest
.
lib.
1.
Tit.
2.
De
Origine
Juris
,
will
sufficiently
manifest
:
Secondly
,
[
f
](A91298-e37200-b)
f
Common-weale
,
l.
2.
c.
5.
p.
221.
John
Bodin
a
learned
Civilian
clearely
proves
:
That
the
Roman
Emperors
were
at
the
first
;
nothing
else
but
Princes
of
the
Commonweale
,
The
SOVERAIGNTY
NEVERTHELESSE
STILL
RESTING
IN
THE
PEOPLE
,
and
THE
SENATE
:
So
that
this
Common-wealth
was
then
to
have
beene
called
a
Principality
;
although
that
Seneca
speaking
in
the
person
of
Nero
his
Scholler
,
saith
.
I
am
the
onely
man
amongst
living
men
,
elect
and
chosen
to
be
the
Lieutenant
of
God
upon
earth
:
I
am
the
Arbitratour
of
life
and
death
;
I
am
able
of
my
pleasure
to
dispose
of
the
state
and
quality
of
every
man
.
True
it
is
,
that
he
tooke
upon
him
this
Soveraigne
authority
,
by
force
wrested
from
the
people
and
Senate
of
Rome
,
(
therefore
not
freely
given
him
by
any
Law
)
but
IN
RIGHT
HE
HAD
IT
NOT
,
the
State
being
but
a
very
principalitie
WHEREIN
THE
PEOPLE
HAD
THE
SOVERAIGNTY
.
In
which
case
,
THERE
IS
NO
DOUBT
but
that
IT
IS
LAWFULL
to
proceede
against
a
Tyrant
by
way
of
justice
,
if
so
men
may
prevaile
against
him
:
or
else
by
way
of
fact
,
[
g
](A91298-e37330-b)
g
Sucionius
,
Zona●as
,
Grimston
,
Eutropius
,
Sab●llicus
,
Op●neerus
,
and
others
in
his
life
.
and
OPEN
FORCE
,
if
they
may
not
otherwise
have
reason
;
As
the
Senate
did
in
the
first
case
against
NERO
:
and
in
the
other
against
Maximinus
.
So
Bodin
,
who
directly
resolves
,
that
even
in
Nero
his
raigne
when
this
Epistle
was
written
,
the
highest
soveraigne
power
was
not
in
the
Emperour
,
but
in
the
Senate
and
people
:
who
notwithstanding
this
objected
Text
,
had
no
doubt
a
lawfull
Right
,
not
onely
to
resist
Nero
when
he
turned
Tyrant
with
open
force
,
but
likewise
judicially
to
arraigne
and
condemne
him
even
to
death
,
as
they
did
,
for
his
publike
crimes
.
Now
that
the
Soveraigne
highest
Power
remained
in
the
Senate
and
people
notwithstanding
this
Lex
Regia
,
Marius
Salamonius
(
an
incomparable
learned
Roman
Civilian
)
hath
largely
proved
in
his
six
Bookes
De
principatu
(
purposely
written
to
refute
the
contrary
common
error
)
where
he
writes
,
First
,
that
the
Roman
Emperors
were
created
and
constituted
onely
by
the
Senat
and
people
;
and
that
the
Creature
should
be
superiour
to
the
Creator
,
the
child
to
the
parent
,
is
absurd
.
Secondly
,
that
the
Emperours
were
but
the
Senates
and
peoples
publike
servants
;
therefore
they
were
their
Lords
;
and
not
inferiour
,
but
superiour
to
their
servants
.
Thirdly
,
that
they
were
subordinate
and
inferiour
to
the
Lawes
made
by
the
Senate
and
people
;
and
bound
by
all
their
Lawes
,
but
such
as
the
Senate
and
people
did
by
speciall
Acts
exempt
them
from
.
Fourthly
,
that
the
people
and
Senate
did
by
speciall
Lawes
create
,
limit
,
[
h
](A91298-e37450-b)
h
Marius
Salamonius
de
Principatu
,
l.
6.
p.
122.
to
126.
enlarge
or
abridge
their
Emperours
power
and
jurisdiction
,
as
they
saw
cause
,
giving
sometimes
more
or
lesse
jurisdiction
to
one
Emperour
then
another
:
which
they
could
not
justly
doe
,
were
they
not
the
highest
Soveraigne
power
.
Finally
he
proves
it
by
the
very
Lex
Regia
it selfe
;
which
because
rare
and
unknowne
to
most
,
I
shall
here
recite
,
to
informe
and
reforme
our
ignorant
Court
Doctors
,
Lawyers
,
with
Salamonius
his
observations
from
it
.
Lex
Regia
,
was
not
onely
one
single
Law
:
There
was
not
one
Law
for
all
Emperours
,
but
it
was
revived
for
every
Emperour
,
yet
not
with
the
same
conditions
.
The
brasse
Table
which
yet
hangeth
in
the
Lateran
Church
,
proves
that
the
Royall
Law
was
accustomed
to
be
altered
in
every
Princes
reigne
AT
THE
PLEASVRE
OF
THE
ROMAN
PEOPLE
;
for
it
is
part
of
the
Royall
Law
of
the
Empire
of
Vespatian
,
that
it
should
be
altered
:
which
had
beene
voyd
,
if
from
the
beginning
of
the
Empire
a
perpetuall
Law
had
beene
made
for
all
successors
;
the
words
of
the
Law
are
these
.
;
Faedusve
cum
quibus
volet
facere
,
ita
ut
licuit
Divo
Augusto
,
Tyber
.
Julio
Caesari
Aug.
Tyherioque
Claudio
,
Julio
Caesari
Aug.
Germanico
.
Vtique
eum
Senatum
habere
,
relationem
facere
,
remittere
Senatus
consulta
,
per
relationem
,
discessionemque
facere
liceat
,
ut
licuit
Divo
Augusto
,
Tiberio
,
Julio
Caesari
Augusto
,
Tyberio
,
Claudio
Caesari
Augusto
Germanico
.
Vtique
quum
ex
voluntate
,
auctoritateue
,
jussu
,
mandatione
ejus
,
praesenteve
eo
Senatus
habebitur
,
omnium
rerum
jus
perinde
habeatur
,
servetur
,
ac
si●e
lege
Senatus
edictus
esset
,
habereturque
.
Vtique
Coss
.
Magistratus
potestatem
,
imperium
,
curationemve
cuivis
rei
petenti
Senatui
populoque
Romano
commendaverit
,
quibusve
suff●agationem
suam
dederit
,
promiserit
,
eorum
Comitiis
quibusque
extra
ordinem
,
ratio
habeatur
.
Vtique
ei
fines
pomaerii
proferre
,
procurare
,
cume
Rep.
censebit
esse
,
liceat
;
uti
licuit
Tiberio
,
Claudio
Caesari
,
Augusto
Germanico
.
Vtique
quaecunque
ex
usu
Reip.
majestate
divinar
:
humanar
:
publicar
:
privatarumque
rerum
esse
censebit
,
ea
agere
,
facere
jus
,
potestasque
sit
,
ita
uti
Divo
Aug.
Tyberioque
,
Julio
Caesari
Aug.
Tyberioque
Claudio
Aug.
Germanico
fuit
.
Vtique
quibus
legibus
,
Plebisve
scitis
scriptum
fuit
,
ne
Divus
Augustus
Tyberiusve
,
Jul.
Caes
.
Aug.
Tyberiusve
,
Claudius
Caes
.
Aug.
Germanicus
tenerentur
;
his
Legibus
Plebisque
scitis
Imp.
Aug.
Vespatianus
solutus
sit
;
quaeque
ex
quaque
Lege
,
Rogatione
Divum
Aug.
Tyberiumve
,
Iul.
Caesarem
Aug.
Tyberiumve
,
Claudium
Caes
.
Aug.
Germanicum
facere
oportuerat
,
ea
omnia
Imperatori
Caesari
Vespatiano
Aug.
facere
liceat
.
Vtique
quae
ante
hanc
legem
rogatam
,
acta
,
gesta
,
decreta
,
imperata
,
ab
Imp.
Caesare
Vespatiano
Augusto
,
jussù
,
mandatuve
ejus
a
quoque
sunt
,
ea
perinde
justa
rata
sint
,
ac
si
populi
plebisve
jussù
acta
essent
.
Sanctio
.
Si
quis
hujusce
legis
ergo
adversus
leges
,
rogationes
,
plebisve
scita
,
senatusue
consulta
fecit
,
feceritve
,
sive
quod
cum
ex
lege
,
rogatione
,
plebisve
scito
,
senatusve
consulto
facere
oportebit
,
non
fecerit
,
hujus
legis
ergo
,
id
ei
ne
fraudi
esto
,
neve
quid
ob
eam
rem
populo
dari
debeto
,
neve
de
ea
re
cui
,
actioneve
judicato
esto
,
neve
quis
de
ea
re
apud
eum
agi
sinito
.
This
Law
first
shewes
,
that
there
was
not
one
royall
Law
made
for
all
Emperors
,
but
that
for
every
severall
Emperour
severall
Lawes
were
necessary
,
containing
the
conditions
whereupon
the
Principalitie
was
collated
by
the
Roman
people
:
For
to
Vespatian
,
it
appeares
power
was
granted
,
of
enlarging
or
setling
the
bounds
,
as
it
was
granted
to
Germanicus
,
but
not
to
other
Princes
.
And
in
the
last
Chapter
but
one
,
which
saith
:
And
by
those
things
which
by
any
Law
,
&c.
it
is
lawfull
to
doe
;
a
larger
power
is
given
to
Vespatian
then
to
the
forenamed
Emperours
;
and
that
they
ought
to
doe
some
things
,
which
Vespatian
ought
not
to
doe
by
Law
.
Likewise
by
these
words
;
Vtique
quibus
legibus
,
&c.
solutus
sit
:
it
appeares
that
Vespatian
was
not
freed
from
all
Lawes
,
nor
yet
the
Emperour
before
him
.
Likewise
out
of
the
Chapter
where
it
saith
,
Ex
usu
Reip.
Majestate
,
&c.
it
is
evident
that
not
an
absolute
free
administration
of
things
was
committed
to
the
Emperours
,
but
onely
such
as
was
usefull
,
that
is
,
which
should
be
for
the
profit
and
honour
of
the
republike
:
whence
is
inferred
,
that
those
things
which
were
not
for
the
benefit
and
honour
of
the
Commonweale
,
Emperors
had
no
right
nor
power
to
doe
.
And
in
the
last
Chapter
is
perspicuously
set
downe
THAT
SUPERIOUR
POWER
OF
THE
PEOPLE
,
GREATER
THEN
THE
PRINCIPALITY
IT SELFE
.
How
then
doth
Vlpian
say
,
the
Prince
is
loosed
from
Lawes
?
he
saith
not
from
all
Lawes
:
verily
that
he
was
exempt
from
many
is
no
doubt
,
&c.
(
yet
it
was
by
a
speciall
clause
in
the
Lex
Regia
.
)
This
and
much
more
Salamonius
.
All
which
considered
,
will
infallibly
evidence
,
the
Roman
Senate
and
People
to
be
the
highest
power
in
Pauls
time
,
not
the
Emperour
;
who
even
at
this
day
(
as
[
i
](A91298-e37840-b)
i
Commonweale
l.
2
c.
5.
Bodin
proves
)
is
inferiour
to
the
Germane
States
,
who
are
the
Soveraigne
power
:
when
King
Henry
the
fourth
of
France
,
Anno
1600.
used
this
speech
to
the
Duke
of
Savoy
;
[
k
](A91298-e37900-b)
k
Generall
History
of
France
,
p.
965.
If
the
King
of
France
would
be
ambitious
of
any
thing
greater
then
his
Crowne
,
it
might
be
an
Empire
,
but
not
in
the
estate
that
it
is
now
,
the
title
of
Empire
being
little
more
then
that
of
the
Duke
of
Venice
;
the
soveraingty
(
writes
the
Historian
in
the
Margin
)
remaining
in
the
States
of
the
Empire
.
All
that
is
objected
against
the
premises
,
is
that
passage
of
Tertullian
,
much
insisted
on
:
Colimus
ergo
&
Imperatorē
sic
,
[
l
](A91298-e37980-b)
l
Ad
Scapulam
,
lib.
p.
163.
Objected
by
,
The
necessity
of
Subjection
,
and
others
.
quomodo
&
nobis
licet
,
&
ipsi
expedit
,
ut
hominem
à
DEO
SECUNDUM
;
&
quicquid
est
à
Deo
consecutum
,
SOLO
DEO
MINOREM
.
Hoc
et
ipse
volet
:
Sic
enim
OMNIBUS
MAJOR
EST
,
DUM
SOLO
VERO
DEO
MINOR
EST.
Sic
&
ipsis
Diis
major
est
,
dum
&
ipsi
in
poteste
sunt
ejus
,
&c.
To
which
I
answer
,
[
m
](A91298-e38070-b)
m
Rhenani
Annot.
Ibid.
Tertullian
writes
this
Booke
,
because
they
refused
to
adore
the
Emperour
for
a
God
,
to
sweare
by
his
Genius
,
and
to
observe
his
solemnities
and
triumphs
in
an
Ethnicall
manner
;
as
is
evident
by
the
words
preceding
this
passage
:
Sic
&
circa
Majestatem
Imperatoris
infamamur
,
&c.
and
by
sundry
notable
passages
in
his
Apologeticus
.
In
answer
to
which
accusation
Tertullian
reasons
in
the
Christians
behalfe
;
that
though
they
adored
not
the
Emperour
as
a
God
;
yet
they
reverenced
him
as
a
man
next
under
God
;
as
one
onely
lesse
then
God
;
as
one
greater
then
all
others
,
whiles
lesse
onely
then
the
true
God
,
and
greater
then
the
Idol
Gods
themselves
,
who
were
in
the
Emperours
power
,
&c.
Here
was
no
other
thing
in
question
;
but
whether
the
Emperour
were
to
be
adored
as
God
?
not
,
whether
he
or
the
Roman
Senate
and
people
were
the
greatest
highest
Soveraigne
power
?
And
the
answer
being
,
that
he
was
but
a
man
next
under
God
,
above
any
other
particular
officer
in
the
Roman
State
;
is
no
proofe
at
all
,
that
he
was
paramount
the
whole
Senate
and
people
collectively
considered
,
or
of
greater
Soveraigne
power
then
they
;
which
the
premises
clearely
disprove
.
Adde
;
that
this
Father
in
his
Apologie
thus
censures
the
Pagan
Romans
for
their
grosse
flattery
of
their
Emperours
whom
they
feared
more
then
their
Gods
,
appliable
to
our
present
times
;
Siquidem
majore
formidine
&
callidiore
timiditate
Caesarem
observatis
,
quam
ipsum
de
Olympo
Jovem
,
&c.
adeo
&
in
isto
irreligiosi
erga
dees
vestros
deprehendimini
,
cum
plus
timoris
,
humano
Domino
dicatis
;
citius
denique
apud
vos
per
omnes
Deos
,
quam
per
unum
genium
Caesaris
pejeratur
.
Then
he
addes
,
Interest
hominis
Deo
cedere
;
satis
habeat
appellari
Imperator
:
grande
&
hoc
nomen
est
,
quod
a
Deo
tradetur
:
negat
illum
imperatorem
qui
deum
dicit
;
nisi
homo
sit
,
non
est
imperator
.
Hominem
se
esse
etiam
triumphans
in
illo
sublimissimo
curru
admonetur
.
Suggeritur
enim
ci
a
tergo
,
Respice
post
te
;
hominem
memento
te
.
Etiam
hoc
magis
gaudet
tanta
se
gloria
coruscare
,
ut
illi
admonitio
conditionis
suae
sit
necessaria
.
Major
est
qui
revocatur
ne
se
deum
existimet
.
Augustus
imperii
formator
,
ne
Dominum
quidem
dici
se
volebat
:
et
hoc
enim
Dei
est
cognomen
.
Dicam
plane
Imperatorem
Dominum
,
sed
more
communi
,
sed
quando
non
cogor
,
ut
Dominum
Dei
vice
dicam
.
Concluding
thus
:
Nullum
bonum
sub
exceptione
personarum
administramus
,
&c.
lidem
sumus
Imperatoribus
qui
&
vicinis
nostris
.
Male
enim
velle
,
male
facere
,
male
dicere
,
male
cogitare
de
quoquam
ex
aequo
vetamur
,
Quodcunque
non
licet
in
Imperatorem
,
id
nec
in
quenquam
:
quod
in
neminem
,
eo
forsitan
magis
nec
in
ipsum
qui
per
deum
tantus
est
,
&c.
From
which
it
is
evident
,
that
the
Christians
did
not
deifie
nor
flatter
their
Emperours
more
then
was
meet
,
and
deemed
they
might
not
resist
them
onely
in
such
cases
where
they
might
resist
no
others
,
and
so
by
consequence
lawfully
resist
them
,
where
it
was
lawfull
for
them
to
resist
other
private
men
who
did
injuriously
assault
them
.
If
then
the
Roman
Emperors
were
not
the
highest
Soveraigne
power
in
the
Roman
State
when
Paul
writ
this
Epistle
,
but
the
Roman
Senate
and
State
,
as
I
have
cleared
:
and
if
the
Parliament
,
not
the
King
,
be
the
supremest
Soveraigne
power
in
our
Realme
,
as
I
have
abundantly
manifested
;
then
this
objected
Text
(
so
much
insisted
on
by
our
opposites
)
could
no
wayes
extend
to
the
Roman
Senate
,
State
,
or
our
English
Parliament
,
who
are
the
very
higher
powers
themselves
,
and
proves
most
fatall
and
destructive
to
their
cause
of
any
other
,
even
by
their
owne
Argument
,
which
I
shall
thus
doubly
discharge
upon
them
.
First
,
that
power
which
is
the
highest
and
most
soveraigne
Authority
in
any
State
or
kingdome
by
the
Apostles
and
our
Antagonists
owne
doctrine
,
even
in
point
of
conscience
,
neither
may
,
nor
ought
in
what
case
soever
(
say
our
opposites
)
to
be
forcibly
resisted
,
either
in
their
persons
,
ordinances
,
commands
,
instruments
,
offices
,
or
Armed
Souldiers
,
by
any
inferiour
powers
,
persons
or
subjects
whatsoever
,
especially
when
their
proceedings
are
just
and
legall
,
under
paine
of
temporall
and
eternall
condemnation
.
But
the
Senate
among
the
Romans
,
not
the
Emperour
;
and
the
Parliament
in
England
,
not
the
King
,
really
were
and
are
the
higher
Powers
and
most
soveraigne
Authority
.
Therefore
by
the
Apostles
own
Doctrine
even
in
point
of
conscience
,
they
neither
may
nor
ought
to
be
disobeyed
or
forcibly
resisted
in
any
case
whatsoever
,
either
in
their
Persons
,
Ordinances
,
Commands
,
Instruments
,
Officers
,
or
Armed
Souldiers
,
by
the
King
himselfe
,
his
Counsellors
,
Armies
,
Cavaliers
,
or
by
any
inferiour
powers
,
persons
,
or
Subjects
whatsoever
,
especially
when
their
proceedings
are
just
and
legall
,
(
as
hitherto
they
have
beene
)
under
paine
of
temporall
and
eternall
condemnation
.
I
hope
the
Doctor
and
his
Camerads
will
now
beshrew
themselves
that
ever
they
medled
with
this
Text
,
and
made
such
a
halter
to
strangle
their
owne
treacherous
cause
,
and
those
who
have
taken
up
armes
in
its
defence
.
Secondly
,
that
Power
which
is
simply
highest
and
supreame
in
any
State
,
may
lawfully
with
good
conscience
take
up
Armes
to
resist
or
suppresse
any
other
power
,
that
shall
take
up
armes
to
subvert
Religion
,
Lawes
,
Liberties
,
the
Republike
,
or
the
just
Rights
and
Priviledges
of
the
Subject
,
or
of
this
higher
power
.
This
is
our
opposites
owne
argumentation
.
Therefore
the
Parliament
being
in
verity
the
highest
supreame
Power
in
our
State
,
may
lawfully
with
good
conscience
take
up
Armes
to
resist
or
suppresse
his
Majesties
Malignant
,
Popish
Forces
,
or
any
other
power
which
already
hath
,
or
hereafter
shall
be
raised
to
subvert
Religion
,
Lawes
,
Liberties
,
the
Republike
,
just
Rights
and
Priviledges
of
Parliament
,
or
the
Subjects
;
and
every
man
with
safe
conscience
may
chearefully
serve
in
such
a
warre
,
upon
the
Parliaments
encouragement
or
command
,
without
guilt
of
treason
,
or
rebellion
either
in
Law
or
Conscience
.
For
the
third
Question
;
Whether
Tyrants
or
unjust
oppressing
Magistrates
,
as
they
are
such
,
be
within
the
intendment
of
this
Text
,
and
not
to
be
resisted
in
any
case
?
I
have
fully
cleared
this
before
from
the
occasion
,
scope
and
arguments
used
in
this
Chapter
;
that
they
are
not
within
the
compasse
of
this
Text
;
as
they
are
such
,
and
may
be
resisted
in
their
Tyranny
and
oppressions
notwithstanding
this
inhibition
;
I
shall
not
repeat
,
but
onely
fortifie
this
Position
with
some
new
reasons
and
authorities
.
First
then
,
that
which
is
not
the
ordinance
of
God
,
but
rather
of
the
Devill
,
and
the
meere
sinne
and
enormity
of
the
Governour
himselfe
,
not
of
the
Government
,
is
not
within
the
intention
of
this
Text
,
and
may
lawfully
bee
resisted
without
any
violation
of
it
.
But
Tyrants
and
unjust
oppressing
Magistrates
as
they
are
such
,
are
[
n
](A91298-e38260-b)
n
See
Mich.
3.
1.
to
5.
Isay
3.
4
,
5.
Zeph.
3
,
3.
Ezech.
45.
8
,
9.
not
Gods
ordinance
,
but
rather
the
Devills
,
and
their
Tyranny
and
oppression
is
onely
the
sinne
and
enormity
of
the
Governours
themselves
,
not
of
the
government
;
A
truth
granted
by
all
men
:
Therefore
they
are
not
within
the
compasse
of
this
Text
,
and
may
lawfully
be
resisted
without
any
violation
of
it
.
Secondly
,
that
which
is
no
point
of
the
Magistrates
lawfull
power
ordained
of
God
,
but
diametrally
repugnant
to
it
,
cannot
be
within
the
meaning
of
this
Text
,
and
may
lawfully
be
resisted
;
but
the
tyranny
,
oppression
,
rapine
,
and
violence
of
lawlesse
Kings
and
Magistrates
are
such
,
as
all
must
and
doe
acknowledge
.
Ergo
,
they
are
not
within
the
verge
and
compasse
of
this
Text
,
and
may
lawfully
bee
resisted
.
Thirdly
,
all
powers
intended
in
the
Text
,
are
not
only
ordained
,
but
ordered
of
God
,
that
is
,
[
o
](A91298-e38330-b)
o
In
Rom.
13.
Col
1266.
Willet
.
on
Rom.
13.
quest
.
6.
p.
583.
Paraeus
with
others
observe
)
they
are
circumscribed
&
bounded
with
certain
Rules
or
Lawes
of
justice
and
honesty
,
within
which
they
must
containe
themselves
,
else
they
exorbitate
from
Gods
ordinance
when
they
passe
beyond
these
limits
,
and
become
none
of
Gods
;
This
the
Greeke
word
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
(
which
Arias
Montanus
and
others
render
,
ordinatae
,
and
the
Margin
of
our
English
Bibles
,
are
ordered
of
God
;
)
doth
sufficiently
warrant
being
coupled
with
the
subsequent
limitations
;
For
rulers
are
not
a
terrour
to
good
workes
,
but
to
evill
,
&c.
they
are
Gods
Ministers
attending
continually
on
this
very
thing
.
Now
the
Tyranny
and
oppression
of
Kings
and
other
Rulers
,
are
meere
exorbitances
,
arbitrary
illegall
actions
,
exceeding
the
bounds
of
justice
and
honesty
prescribed
by
the
Lawes
of
God
and
men
.
Therefore
not
within
the
limits
of
this
Text
,
and
resistible
.
Fourthly
,
it
is
generally
accorded
by
all
Commentators
,
that
though
the
lawfull
power
of
Princes
or
other
Magistrates
degenerating
unto
Tyrants
,
be
of
God
,
and
not
to
be
resisted
;
yet
the
Tyranny
it selfe
,
and
abuse
of
this
power
is
of
Satan
,
not
of
God
,
and
the
vice
of
the
persons
onely
,
not
of
the
Power
it selfe
;
whence
they
conclude
,
that
Tyrants
are
not
within
the
meaning
of
this
Scripture
.
So
Origen
,
Paraeus
,
Willet
,
with
most
others
on
this
Text
;
and
Zuinglius
most
expresly
Explanatio
Artic.
41.
Tom.
1.
f.
82.
83.
where
he
complaines
,
that
many
Tyrants
,
cheate
,
steale
,
rob
,
slay
,
plunder
,
and
attempt
any
thing
against
their
subjects
to
oppresse
them
;
assuming
a
pretext
and
vayle
of
their
malice
from
this
Text
of
Paul
.
Yea
Dominicus
Soto
,
Cajetan
,
Pererius
,
and
other
Popish
commentators
on
this
place
observe
;
that
Paul
addes
this
Epithet
,
of
higher
or
excelling
powers
(
omitted
by
him
in
other
parallel
Texts
)
of
purpose
to
exclude
Tyrants
,
who
are
no
excelling
Lords
,
nor
lawfull
Powers
;
reigning
oft
times
by
Gods
permission
for
the
peoples
punishment
;
not
by
his
ordination
for
their
good
:
and
blame
Bueer
for
saying
,
that
Tyrants
power
is
from
God
,
as
if
he
were
ths
author
of
sinne
and
Tyranny
.
This
then
fully
answers
that
absurd
errour
of
Doctor
[
p
](A91298-e38560-b)
p
Sect.
2.
Ferne
,
wherein
all
his
force
is
placed
:
That
the
Power
in
Pauls
dayes
which
he
here
prohibits
to
resist
,
were
subverters
of
that
which
was
good
;
and
the
Roman
Emperors
Tyrants
:
where
he
sottishly
confounds
the
tyranny
,
lusts
,
and
vices
of
the
Emperors
persons
,
which
were
detestable
,
with
their
power
it selfe
,
which
was
good
and
commendable
;
as
if
the
Imperiall
power
it selfe
was
ill
,
because
Nero
was
ill
,
and
was
[
q
](A91298-e38610-b)
q
Grimston
,
Suetenius
,
Eutropius
,
Zonaras
,
Volaterranus
,
Speed
and
others
in
his
life
.
therefore
justly
condemned
to
death
by
the
Roman
Senate
,
as
a
publike
enemy
to
the
Roman
State
,
though
they
approved
and
continued
his
just
Imperiall
principality
,
which
lasted
in
succession
for
many
hundred
yeares
after
his
censure
,
death
.
To
which
I
shall
onely
adde
;
that
though
Nero
himselfe
were
a
Tyrant
,
yet
the
Roman
Senate
,
and
all
their
Inferiour
Offices
were
not
Tyrants
;
many
of
them
,
no
doubt
,
being
just
and
upright
Magistrates
.
The
Precept
therefore
being
thus
in
the
generall
,
and
the
plurall
number
,
Let
every
soule
be
subject
unto
the
higher
powers
;
nor
personall
;
let
them
be
subject
to
Nero
;
or
speciall
,
to
the
Roman
Emperour
(
whom
Paul
no
doubt
would
have
[
r
](A91298-e38680-b)
r
As
he
doth
Phil.
4.
22.
Act.
25.
v.
10
,
11
,
12.
c.
26.
32.
c.
28.
19.
See
Matth
22.
17.
2●
.
Luk.
2.
1.
c.
23.
2.
Acts
11.
28.
c.
17.
7.
specified
,
had
he
specially
intended
them
,
as
our
opposites
fondly
dreame
;
)
we
may
safely
conclude
,
that
the
Apostle
intended
it
onely
of
lawfull
powers
and
Magistrates
,
not
of
Nero
or
other
Tyrants
:
And
writ
this
to
Christians
onely
,
to
whom
he
dedicates
this
Epistle
,
witnesse
Ch.
1.
V.
7.
To
all
that
be
at
Rome
beloved
of
God
,
called
to
be
Saints
,
&c.
not
to
Pagan
Romans
,
as
the
Doctor
dreames
,
to
whom
he
writes
not
;
much
lesse
to
the
Roman
Senate
,
who
were
then
the
soveraigne
power
;
and
therefore
could
bee
subject
to
no
other
but
themselves
.
Precepts
of
obedience
to
children
and
Servants
,
concerne
not
parents
and
masters
as
such
,
in
point
of
submission
or
obedience
.
For
the
fourth
Quere
:
Whether
Kings
and
Kingdomes
be
Gods
ordinance
;
or
an
institution
Jure
divino
,
not
a
humane
ordinance
,
instituted
Jure
humano
?
or
,
how
farre
divine
or
humane
?
Is
a
necessary
considerable
question
grounded
on
this
Text
,
and
very
needfull
to
be
discussed
to
cleare
the
present
controversie
.
Some
of
our
opposites
are
so
intoxicated
with
the
divinity
of
Monarchy
,
as
they
confidently
[
s
](A91298-e38830-b)
s
Doctor
Ferne
,
Sect.
2.
3
Appeale
to
the
Conscience
,
p.
11.
●0
15.
The
necessitie
of
subjection
.
Christus
Dei
,
p.
11.
12.
with
others
.
determine
;
hat
the
efficient
cause
of
royall
Monarchicall
power
is
onely
God
;
not
the
people
.
That
Kings
receive
no
power
or
regall
Authority
from
the
people
,
but
from
God
alone
;
That
the
power
of
Kings
is
not
a
humane
,
but
a
divine
power
,
of
which
God
onely
is
the
efficient
cause
.
That
the
people
doe
not
make
the
King
,
but
God
properly
and
absolutely
;
this
power
,
right
and
authority
he
hath
from
God
.
That
the
King
hath
no
dominion
and
power
from
his
Subjects
by
way
of
trust
,
but
from
God
,
from
whom
he
hath
his
kingdome
and
power
,
so
that
by
Idolatry
and
oppression
,
he
breakes
not
the
trust
reposed
in
him
by
his
Subjects
,
because
the
people
HAVE
COMMITTED
NOTHING
TO
HIS
CHARGE
,
but
God
onely
,
&c.
For
proofe
whereof
they
produce
Prov.
8.
15.
By
me
Kings
reigne
,
Dan.
2.
21.
God
removeth
Kings
and
setteth
up
Kings
,
Dan.
4.
17.
25.
The
most
high
ruleth
in
the
kingdome
of
men
,
and
giveth
it
to
whomsoever
he
will
;
and
setteth
up
over
it
the
basest
of
men
,
with
Hos.
13.
11.
1
Sam.
10.
1.
Jer.
27.
5
,
6
,
7.
Isay
45.
1
,
2.
and
other
Texts
.
To
answer
this
question
distinctly
,
First
,
betweene
,
Government
it selfe
in
generall
,
and
kingly
or
other
kindes
of
government
,
in
speciall
,
(
as
our
opposites
distinguish
betweene
,
a
Sabbath
,
and
the
Sabbath
;
the
first
they
say
is
morall
and
of
divine
institution
,
the
later
not
.
)
Secondly
,
betweene
the
Regall
power
of
Kings
,
the
persons
invested
with
this
power
,
the
manner
of
obtaining
,
and
the
administration
of
their
power
.
Thirdly
,
of
Gods
manner
of
instituting
and
ordaining
things
;
which
is
twofold
,
immediately
by
himselfe
,
mediately
by
others
.
And
these
institutions
of
both
kinds
are
either
universall
,
extending
to
all
places
,
Nations
;
or
particular
,
concerning
some
Countries
,
and
Nations
onely
,
and
not
others
;
Perpetuall
for
ever
,
or
temporall
onely
for
some
set
time
:
Immutable
,
not
capable
of
the
least
alteration
;
or
mutable
,
and
that
either
at
the
pleasure
of
God
onely
;
or
at
the
will
of
men
,
when
they
shall
see
just
cause
,
either
in
part
or
in
whole
.
Fourthly
,
in
what
severall
senses
things
may
be
said
to
be
of
God
.
First
,
in
respect
of
his
owne
immediate
institution
.
Secondly
,
of
his
generall
or
speciall
commands
.
Thirdly
,
of
his
generall
or
speciall
disposing
providence
,
without
any
speciall
institution
or
command
.
Fourthly
,
of
his
approbation
of
,
assent
unto
,
and
blessing
on
the
meere
institutions
of
men
.
Fiftly
,
of
his
permission
onely
.
To
apply
these
distinctions
to
the
present
occasion
.
First
,
it
is
cleare
,
that
power
and
government
in
generall
are
Gods
owne
institution
;
who
as
he
hath
appointed
(
in
the
great
fabricke
of
the
world
a
[
t
](A91298-e39030-b)
t
Gen.
1.
16.
18.
28.
29
30.
Jer.
31.
35
,
36.
Psal.
136.
8
,
9.
certaine
constant
forme
of
government
and
subordination
of
one
creature
to
another
)
so
he
hath
for
the
good
of
mankinde
,
appointed
that
there
should
be
some
forme
of
government
or
other
among
men
in
the
world
;
which
in
respect
of
families
hee
hath
specially
and
universally
decreed
,
[
u
](A91298-e39050-b)
u
Gen.
3.
16.
Exod.
20.
12.
Ephes.
6.
1
,
2.
5.
c.
5.
22.
24.
Col.
3.
23.
to
25.
c.
4.
1
,
2.
1
Tim.
6.
1
,
2.
1
Pet.
2.
18.
c.
3.
1
,
2
,
3.
as
that
the
wife
should
be
subject
to
the
husband
,
the
children
to
the
parents
,
the
servants
to
their
masters
;
but
in
regard
of
Commonweales
,
or
Nations
,
hee
hath
left
it
arbitrary
and
indefinite
,
leaving
every
Nation
and
Country
free
liberty
to
elect
such
a
publike
politike
forme
of
government
,
as
themselves
should
judge
most
expedient
for
their
publike
good
,
and
that
mutable
(
since
all
humane
things
are
so
)
as
they
should
see
just
occasion
,
not
prescribing
any
sempiternall
,
immutable
forme
of
government
to
any
particular
Nations
,
Regions
,
much
lesse
to
all
the
world
.
Secondly
,
government
in
generall
being
thus
of
God
,
but
the
kindes
of
it
thus
left
arbitrary
to
mens
institution
and
free
election
;
the
particular
governments
instituted
by
any
Nation
for
the
better
regulating
of
their
lives
,
the
preservation
of
humane
society
,
and
advancement
of
Gods
glory
,
may
be
truely
said
in
some
sense
to
be
of
God
,
though
instituted
,
invented
by
men
.
Not
because
God
himselfe
did
immediately
ordain
or
prescribe
them
by
speciall
command
to
all
,
or
any
one
people
:
or
because
God
himself
did
immediately
ordaine
or
prescribe
them
by
speciall
command
to
this
,
all
,
or
any
one
people
:
but
because
hee
by
his
generall
or
speciall
providence
did
direct
this
Nation
to
make
choyse
of
such
a
government
,
or
gave
them
wisedome
to
invent
and
settle
it
,
as
most
commodious
for
their
republike
,
till
they
should
see
cause
to
alter
it
:
or
because
he
blessed
and
approved
it
,
when
invented
and
received
by
them
.
Thirdly
,
Kingly
powers
,
Kingdomes
,
Kings
(
the
things
now
in
question
)
are
,
and
may
be
said
to
be
of
God
,
and
ordained
of
God
,
in
no
other
manner
or
sense
,
then
all
other
particular
Governments
or
Magistrates
are
.
For
this
Text
of
the
Romans
,
speaking
onely
of
the
higher
powers
,
the
powers
that
are
,
and
of
Rulers
;
as
doth
that
place
of
Titus
3.
1.
And
the
Text
of
Prov.
8.
15
,
16.
(
so
much
relied
on
by
the
objectors
)
extending
as
well
to
all
subordinate
Rulers
as
Kings
;
witnesse
the
subsequent
words
,
By
me
Kings
reigne
,
and
Princes
decree
justice
:
by
me
Princes
rule
AND
NOBLES
,
yea
ALL
THE
JUDGES
OF
THE
EARTH
;
(
that
is
,
all
Magistrates
whatsoever
)
it
cannot
but
be
yeelded
;
that
all
and
every
lawfull
kinde
of
government
,
all
lawfull
Rulers
and
Magistrates
of
what
fort
soever
are
of
Gods
ordination
,
and
his
ordinance
,
as
farre
forth
as
Monarchies
are
;
and
what
is
truely
affirmable
of
the
one
,
is
of
the
other
too
.
These
generalls
thus
premised
as
indubitable
;
I
say
first
of
all
:
That
Monarchy
or
regall
power
is
not
of
God
,
nor
yet
Gods
ordinance
by
way
of
immediate
divine
institution
or
speciall
command
from
Gods
owne
free
motion
,
as
our
opposites
affirme
it
.
For
first
,
God
himself
never
immediately
instituted
a
royall
Monarchicall
government
in
any
Nation
whatsoever
,
no
not
among
his
owne
people
;
whose
government
was
at
first
[
y
](A91298-e39220-b)
y
Josepbus
Antiq.
Jud.
l.
4.
c.
8.
Carolus
Sigonius
de
Repub.
Hecraeorum
.
l.
7.
c.
5.
Paternall
and
Patriarchicall
;
next
Aristocraticall
;
then
Regall
;
not
by
Gods
immediate
institution
and
voluntary
designation
;
but
by
the
peoples
earnest
importunity
,
contrary
to
the
good
liking
of
God
and
Samuel
,
as
is
evident
by
1
Sam.
c.
8
,
and
9
,
and
10
,
and
11.
Hos.
8.
4.
and
the
Appendix
.
Secondly
,
[
z
](A91298-e39270-b)
z
Aristot
.
Polyt
.
l.
3.
&
5.
Polib
.
Hist.
l.
6.
Just.
in
Hist.
l.
1.
Cassanaeus
Catalog
.
Gloriae
Mundi
pars
,
5.
Consid.
1.
Philochius
Archilacus
de
Somnio
Viridarii
,
c.
171.
Fortescue
c.
9.
13.
15.
Mr.
Seldens
Titles
of
Honour
,
part
.
1.
c.
2
,
3
,
4
,
5.
All
Politicians
,
and
Historians
grant
,
that
the
originall
crection
of
all
Monarechies
was
either
by
the
peoples
free
consent
and
ordination
;
or
by
Tyranny
and
usurpation
;
or
be
conqest
;
none
by
divine
institution
or
speciall
command
from
God
:
And
it
must
needs
be
so
,
because
most
[
a
](A91298-e39320-b)
a
Gen.
14.
1
Sam.
8.
5.
Seldens
Titles
of
Honour
,
part
1.
c.
1.
2.
See
the
Appendix
.
kingdomes
were
primitively
erected
,
either
among
Pagan
Nations
and
States
,
who
knew
not
God
nor
his
Word
,
or
among
Christian
States
since
speciall
commands
and
Revelations
from
heaven
ceased
:
which
if
our
opposites
deny
;
I
shall
desire
them
to
instance
in
any
one
Monarchy
in
the
world
,
instituted
immediately
by
God
himselfe
,
or
by
speciall
command
from
his
owne
free
motion
:
Till
this
be
done
,
all
their
asseverations
will
be
accounted
fabulous
.
Thirdly
,
if
Regall
power
be
Gods
ordinance
by
way
of
divine
immediate
institution
and
command
;
then
this
institution
of
Regall
Monarchy
,
with
the
severall
Prerogatives
,
and
boundaries
of
it
,
would
appeare
in
some
Text
of
Scripture
,
and
this
government
would
be
specially
and
perpetually
prescribed
either
to
all
,
or
some
particular
Nations
by
God
himselfe
.
But
this
institution
,
with
the
generall
Prerogatives
and
bounds
of
Regall
Authority
,
are
no
where
extant
in
Scripture
,
neither
this
forme
of
government
therein
prescribed
,
but
left
arbitrary
to
all
or
any
Nation
in
particular
,
for
ought
any
man
can
demonstrate
.
Those
Texts
which
concerne
the
Kings
of
the
Israelites
in
point
of
soveraignty
,
and
Prerogative
,
being
judiciall
onely
,
and
peculiar
to
that
Nation
,
nor
morall
,
or
extending
unto
others
.
Therefore
it
is
not
Gods
ordinance
by
way
of
divine
immediate
institution
,
or
command
.
Fourthly
,
if
it
were
of
divine
ordination
in
this
sense
;
then
the
Regall
power
and
authority
of
all
Kings
and
Monarchs
in
the
world
should
bee
equall
,
yea
the
very
same
;
and
there
should
be
no
different
kinde
of
Kings
;
as
the
divine
authority
of
all
Ministers
(
being
of
Gods
owne
institution
by
one
and
the
same
commission
)
is
one
and
the
same
:
But
the
regall
power
and
jurisdiction
of
all
Kings
and
Monarchies
in
the
world
is
not
equall
nor
the
same
;
for
some
have
farre
greater
authority
then
others
;
there
are
many
different
sorts
of
Kings
in
the
world
,
some
onely
annuall
,
others
for
life
,
others
hereditary
,
others
at
will
,
deposible
at
the
peoples
pleasures
when
ever
they
offended
,
(
Such
were
the
Kings
of
the
[
b
](A91298-e39400-b)
b
Procop.
Vand.
l.
1.
Vandalls
in
Africk
,
of
the
[
c
](A91298-e39420-b)
c
Ammon
.
l.
2.
c.
2.
l.
4.
c.
25.
Hugo
Grotius
de
Jure
Belli
.
l.
1.
c.
3.
c.
58.
72.
Gothes
in
Spaine
;
cum
ipsos
deponerent
populi
quoties
displicuissent
:
such
the
Kings
of
the
Heruli
(
Procopius
,
Gothicorum
)
Of
the
Lombards
,
Paulus
Warnafredi
,
l.
4.
&
6.
Of
the
Burgundians
,
Ammianus
,
11.
lib.
28.
Of
the
Moldavians
,
Laonichus
Chalcocandylas
;
the
King
of
Agadis
among
the
Africans
,
Joannis
Leo
,
lib.
7.
Of
the
Quadi
and
Jazyges
(
in
excerptis
Dionis
)
with
sundry
others
hereafter
mentioned
.
)
Some
elective
,
others
successive
,
some
conditionall
,
others
absolute
,
as
I
have
plentifully
mentioned
in
the
Appendix
.
Therefore
they
are
not
of
divine
ordination
in
the
objectors
sense
.
Fiftly
,
If
Kings
were
of
divine
ordination
in
this
sense
,
then
their
kingdomes
and
people
upon
their
Elections
,
Institutions
and
Coronations
could
not
justly
prescribe
any
conditions
,
oathes
or
covenants
to
them
,
upon
promise
of
performance
whereof
they
onely
accept
of
them
to
be
their
Kings
,
refusing
else
to
admit
them
to
reigne
over
them
;
and
such
conditions
,
oathes
,
covenants
,
would
be
meere
nullities
,
since
men
have
no
power
at
all
to
detract
from
Gods
owne
divine
institutions
,
or
to
annex
any
conditions
or
restrictions
to
them
.
But
our
Antagonists
themselves
dare
not
averre
,
that
Kingdomes
and
Nations
upon
their
Kings
Coronations
,
Institutions
and
elections
may
not
lawfully
prescribe
conditions
,
oathes
,
and
limitations
to
them
,
upon
promise
of
performance
whereof
they
onely
submitted
to
them
as
their
Soveraignes
,
it
being
the
received
practise
of
our
owne
,
of
all
or
most
other
Kingdomes
whatsoever
,
[
e
](A91298-e39550-b)
e
See
Part
1.
p.
51
to
76.
Edi●●
.
2.
especially
elective
ones
,
and
confirmed
by
divine
Authority
,
2
Chron.
10.
1.
to
19.
Therefore
they
are
not
of
divine
institution
in
the
objected
sense
.
Sixthly
,
All
[
f
](A91298-e39580-b)
f
Bracton
l.
3.
c.
9.
Fleta
l.
1.
c.
5.
17.
See
here
,
p.
5.
&
part
1.
p.
88.
Lawyers
and
most
Orthodox
Divines
determine
,
that
Kings
have
no
other
just
or
lawfull
royall
Authority
,
but
that
which
the
Lawes
and
customes
of
their
Kingdomes
allot
them
,
and
that
the
Law
onely
makes
them
Kings
,
from
which
if
they
exorbitate
they
become
Tyrants
and
cease
to
be
Kings
.
Their
Royall
authority
therefore
is
of
humane
institution
properly
,
not
Divine
;
from
their
people
,
who
both
elect
,
constitute
them
Kings
,
and
give
them
all
their
regall
Authority
by
humane
Lawes
enacted
,
not
from
God
as
the
onely
efficient
cause
.
Seventhly
,
All
Kingdomes
,
Monarchies
,
Policies
,
are
mutable
and
variable
in
themselves
,
while
they
continue
such
;
yea
,
temporary
and
alterable
into
other
formes
of
Government
by
publicke
consent
,
if
there
be
just
cause
;
without
any
immediate
command
or
alteration
made
by
God
himsele
,
or
his
divine
authority
:
There
being
no
positive
Law
of
God
confining
any
Nation
,
(
whose
humane
earthly
condition
is
still
variable
)
to
a
Monarchicall
or
any
other
constant
forme
of
government
only
,
much
lesse
for
perpetuity
without
variation
.
Therefore
,
they
are
not
of
divine
institution
in
this
sense
.
Eightly
,
St.
Peter
expressely
defines
Kings
and
Monarchies
,
in
respect
of
their
institution
,
to
be
humane
creatures
,
or
institutions
,
1
Pet.
2.
13.
Submit
your selves
to
every
ORDINANCE
OF
MAN
for
the
Lords
sake
;
whether
it
be
to
the
King
,
as
supreame
,
&c.
And
they
are
common
to
Pagans
who
know
not
God
,
as
well
as
to
Christians
.
Therefore
,
they
are
not
simply
divine
,
but
humane
Ordinances
.
Ninethly
,
Our
Antigonists
will
yeeld
,
that
other
formes
of
Government
,
whether
Aristocraticall
,
Oligarchicall
,
Democraticall
,
or
mixt
of
all
three
,
are
not
absolutely
and
immediately
of
divine
institution
;
nor
yet
Dukes
,
Principalities
,
with
other
inferior
Rulers
,
though
the
Apostle
in
this
Text
makes
them
all
equally
Gods
Ordinance
,
and
Divine
.
Therefore
Monarchy
,
Kings
and
Kingdomes
are
not
so
.
Tenthly
,
The
very
Text
it selfe
seemes
to
intimate
,
that
Royalties
and
higher
powers
are
not
of
God
,
by
way
of
originall
or
immediate
institution
,
or
command
:
for
the
Apostle
saith
not
;
that
all
powers
whatsoever
were
originally
instituted
and
ordained
by
God
himselfe
;
but
,
There
is
no
power
but
of
God
;
The
powers
that
be
,
are
(
not
were
at
first
)
ordained
(
or
rather
,
ordered
)
of
God
:
that
is
;
where
powers
and
Governments
are
once
erected
by
men
,
through
Gods
generall
or
speciall
providence
,
there
God
approves
and
orders
them
for
the
good
of
men
.
2.
If
Monarchies
,
and
Kings
themselves
be
not
of
divine
institution
,
and
Gods
ordinance
in
the
former
sense
,
as
is
most
apparent
:
&
Aristotle
,
Plato
,
all
Politicians
grant
;
Then
they
are
so
onely
in
some
other
sense
,
in
what
I
shall
truely
informe
you
.
First
,
They
are
of
God
,
and
his
Ordinance
,
by
way
of
imitation
,
as
derived
from
Gods
owne
forme
of
Government
,
which
is
Monarchicall
;
Whence
he
is
called
,
[
g
](A91298-e39810-b)
g
Psal.
86.
10
Deut.
32.
39.
Isa.
37.
16.
c.
44
6.
1.
Cor.
8
4.
Ephes.
4.
6.
The
only
God
,
God
alone
,
[
h
](A91298-e39830-b)
h
1
Tim.
6.
15
6.
15.
Rom.
17.
14.
c.
19.
16.
Deut.
10.
17.
the
King
of
Kings
,
and
Lord
of
Lords
.
Secondly
,
By
way
of
approbation
;
He
[
i
](A91298-e39880-b)
i
Deut.
17.
14.
15
,
16.
1
Sam.
8.
22.
2
Sam.
7.
12.
approves
and
allowes
this
kinde
of
Government
where
it
is
received
,
as
well
as
other
formes
.
Thirdly
,
by
way
of
direction
,
he
gives
divers
generall
[
k
](A91298-e39910-b)
k
2
Sam.
23.
3
,
4.
1
King
11
11.
38
2
Chro.
9
,
8.
Prov.
31.
4
rules
and
directions
to
Kings
(
and
to
other
Rulers
and
Magistrates
also
as
well
as
them
)
in
his
sacred
word
how
they
ought
to
demeane
themselves
,
towards
him
and
their
Subjects
;
and
likewise
[
l
](A91298-e39940-b)
l
1
Tim.
2.
1
,
2.
1
Pet
2.
13
,
14.
Rom.
13.
1
to
7.
T
it
3.
1.
to
Subjects
,
how
they
should
carry
themselves
towards
their
Kings
;
and
all
other
Rulers
and
Governours
temporall
or
spirituall
:
in
which
sense
they
may
be
properly
said
,
to
be
ordered
and
ordained
too
,
of
God
.
Fourthly
,
By
way
of
speciall
providence
and
incitation
;
God
excites
and
moves
some
people
to
make
choyce
of
Kings
,
and
Monarchicall
formes
of
Government
,
rather
than
others
;
and
to
elect
one
man
or
family
to
that
dignity
rather
than
others
,
yea
his
providence
mightily
rules
and
swayes
in
the
changes
,
the
elections
,
actions
,
counsels
,
affaires
of
Monarchies
,
Kingdomes
,
Kings
,
States
,
to
order
them
for
his
own
glory
,
the
Kings
,
the
Subjects
good
or
ill
,
in
wayes
of
Justice
or
Mercy
;
as
is
evident
by
Dan.
2.
21.
c.
4.
17.
25.
Hos.
13.
11.
Jer.
27.
5
,
6
,
7.
Isa.
45.
1
,
2
,
3.
c.
10.
5.
to
20.
Psal.
110.
5.
Psal.
113.
7
,
8.
Job
12.
18.
to
25.
Dan.
5.
26.
28.
The
genuine
drift
of
all
these
Texts
.
Fifthly
,
Kings
may
be
said
to
be
of
God
and
his
Ordinance
,
because
they
,
(
and
so
all
other
Rulers
,
Judges
,
Magistrates
as
well
as
they
,
in
respect
of
their
representation
and
the
true
end
of
Government
)
are
said
to
be
Gods
;
to
be
Gods
Ministers
and
Vicegerents
;
to
sit
upon
Gods
Throne
,
and
ought
to
reigne
,
to
judge
for
God
,
and
to
rule
Gods
people
according
to
Gods
Word
,
with
such
justice
,
equity
,
integrity
as
God
himselfe
would
Governe
them
.
Exod.
22.
28.
2
Chron.
9.
8.
Rom.
13.
4
,
5.
2
Sam.
23.
3.
Psal.
78.
72
,
73
,
74
2
Sam.
5.
2.
Prov.
8.
15
,
18.
Psal.
82.
1.
1
Cor.
8.
5.
Isa.
32.
1.
c.
9.
7.
c.
16.
5.
Deut.
1.
17.
Sixthly
,
Ill
Kings
,
and
Tyrants
,
may
be
said
to
be
of
God
,
by
way
of
permission
,
and
of
Ordination
too
,
in
reference
to
the
peoples
punishment
,
Job
34.
30.
Hos
.
13.
11.
1
Sam.
8.
18.
In
these
regards
(
common
to
all
other
Governours
and
lawfull
Governments
,
as
well
as
Kings
and
Monarchies
)
Kings
and
Kingly
Authority
,
are
and
may
be
said
to
be
of
God
,
and
Gods
Ordinance
;
yet
not
immediately
,
or
properly
in
the
first
acception
,
here
refuted
,
but
so
as
that
still
they
are
really
the
institutions
and
ordinances
of
men
,
of
humane
,
not
divine
right
,
and
authority
.
As
for
the
objected
Scriptures
to
prove
Kings
jure
Divino
,
Prov.
8.
15.
By
me
Kings
Reigne
,
&c.
Ergo
,
they
are
of
immediate
divine
institution
,
and
have
all
their
authority
from
God
,
not
from
the
people
,
and
may
in
no
case
be
resisted
,
censured
,
deposed
,
or
put
to
death
for
any
misdemeanours
;
the
consequences
thence
inferred
.
I
answer
,
[
m
](A91298-e40170-b)
m
2
Chro.
9.
8.
Isa.
32.
2
c.
16.
5.
not
of
the
erections
and
power
of
Monarchies
;
and
so
doe
Daniel
2.
21.
c.
4.
17.
25.
c.
5.
26.
28.
with
the
other
objected
Scriptures
.
Secondly
,
If
it
be
meant
of
the
rule
of
Kings
;
then
true
it
is
,
that
good
Kings
Reigne
by
Gods
direction
,
according
to
his
word
,
executing
justice
,
and
judgement
,
as
he
enjoynes
them
;
But
then
it
is
not
true
of
wicked
Kings
and
Tyrants
,
who
though
they
Reigne
by
Gods
Providence
or
permission
,
yet
they
rule
not
by
his
word
and
will
as
he
prescribes
them
.
Thirdly
,
If
it
be
meant
of
the
meanes
and
manner
of
Kings
comming
to
their
Kingdomes
,
as
I
conceive
it
is
,
and
the
Texts
of
Daniel
perswade
:
True
it
is
:
first
,
That
some
Kings
Reigned
and
came
to
the
Crowne
by
Gods
immediate
nomination
and
designation
,
as
Saul
,
David
,
Solomon
,
Jeroboam
,
Jehu
,
and
Hazael
did
:
But
that
all
,
or
most
did
heretofore
,
or
now
doe
so
,
especially
in
Pagan
Kingdomes
,
is
a
notorious
falshood
.
Secondly
,
it
is
true
,
That
most
lawfull
Kings
in
hereditary
or
elective
Kingdomes
,
come
to
their
Crownes
,
and
Reigne
;
though
not
by
Gods
immediate
nomination
,
yet
by
his
ordinary
or
speciall
providence
,
(
though
it
be
untrue
of
Vsurpers
,
and
Tyrants
who
come
to
Reigne
by
Treason
,
Murther
,
or
other
unlawfull
meanes
;
and
so
by
Gods
[
l
](A91298-e40300-b)
l
See
Doctor
Willet
,
Paraeus
,
and
others
on
Rom.
13.
permission
onely
,
rather
than
his
providence
:
and
then
the
sense
of
the
place
is
but
this
;
That
Kings
receive
their
Crownes
,
and
Reigne
by
Gods
generall
,
or
more
speciall
providence
:
Which
I
thinke
is
the
full
and
proper
sense
of
the
place
.
In
this
sense
C.
Plinius
Secundus
a
heathen
in
his
admirable
Panegyrio
to
the
Emperour
Trajan
,
a
Pagan
,
Rhetorizeth
thus
of
him
:
Quid
enim
praestabilius
est
,
aut
pulchrius
munus
Deorum
,
quam
castus
&
sanctus
&
Diis
simillimus
Princeps
?
Ac
si
adhuc
dubium
fuisset
sorte
casuque
Rectores
terris
,
an
aliquo
numine
darentur
,
Principem
tamen
nostrum
liqueret
DIVINITUS
CONSTITUTUM
.
Non
enim
occulta
potestate
fatorum
,
sed
ab
Jove
ipso
,
coram
ac
palam
repertus
,
electus
est
,
&c.
Which
[
*
](A91298-e40380-b)
*
Apologeticus
.
Tertullian
thus
seconds
,
speaking
even
of
the
Roman
Pagan
Emperours
.
Inde
est
Imperator
,
unde
&
homo
antequam
Imperator
;
inde
Potestas
ei
,
unde
&
spiritus
:
Per
Deum
tantus
est
:
So
Irenaeus
,
Cujus
jussu
homines
nascuntur
,
hujus
jussu
&
Reges
constituuntur
.
And
Diodorus
Siculus
of
the
AEgyptians
;
Existimant
non
SINE
DIVINA
QUADAM
PROVIDENTIA
,
pervenisse
ad
summam
de
omnibus
Potestatem
:
So
the
[
m
](A91298-e40450-b)
m
Porphyr
.
Esses
,
hold
this
opinion
,
Non
obtingit
cuiquam
Imperium
sine
Dei
cura
speciali
:
So
[
n
](A91298-e40480-b)
n
Apud
Cassiodorwn
.
Vitigis
,
Omnis
provectus
,
maxime
Regius
,
ad
Divinitatis
munera
referendus
est
:
and
Clemens
[
o
](A91298-e40510-b)
o
Apostol.
constit
.
l.
7.
c.
17.
Romanus
,
too
.
Regem
timeto
,
sciens
Domini
esse
electionem
.
Which
Grotius
de
Jure
Belli
,
l.
1.
c.
3.
sect.
8.
confirmes
with
other
Authorities
;
all
concurring
in
this
,
That
Kings
and
Emperours
are
such
onely
by
the
selfe-same
PROVIDENCE
OF
GOD
,
by
which
they
were
men
before
they
were
Emperours
;
which
gives
them
no
greater
Prerogative
in
respect
of
irresistibility
in
unjust
exorbitant
actions
,
then
their
being
men
,
by
the
selfe-same
providence
of
God
,
gave
them
before
they
were
Emperours
,
as
Tertullians
words
most
clearely
prove
.
But
what
priviledge
this
alone
should
yeeld
to
Kings
,
more
than
to
any
other
Magistrates
,
Men
or
Beasts
,
for
my
part
I
cannot
yet
discerne
.
For
doth
not
the
same
Text
say
of
Nobles
,
Princes
,
Judges
,
as
well
as
of
Kings
,
Prov.
8.
15
,
16.
By
me
Princes
(
put
as
contradistinct
to
Kings
)
decree
justice
;
By
me
Princes
Rule
AND
NOBLES
,
YEA
ALL
JUDGES
OF
THE
EARTH
?
Doth
not
David
say
of
all
kinde
of
Promotions
whatsoever
,
Psal.
113.
7
,
8.
The
Lord
raiseth
the
poore
out
of
the
dust
,
and
lifeteth
the
needy
out
of
the
dunghill
;
that
he
may
set
him
with
Princes
,
even
with
the
Princes
of
his
people
?
And
Psal.
75.
5
,
6.
Promotion
commeth
neither
from
the
East
,
nor
from
the
South
;
but
God
is
the
Judge
;
he
putteth
downe
one
and
setteth
up
another
?
Nay
,
doth
not
Christ
informe
us
[
p
](A91298-e40620-b)
p
Mat.
10.
29
30.
Luk.
12.
6
,
7
That
the
very
haires
of
our
head
are
all
numbred
?
That
two
sparrowes
are
sold
for
a
farthing
,
and
yet
one
of
them
shall
not
fall
on
the
ground
without
our
Fathers
providence
?
Yea
doth
not
every
man
,
yea
every
Bird
,
Beast
,
Fish
,
Raven
,
and
living
creature
whatsoever
,
(
as
the
Scripture
[
q
](A91298-e40660-b)
q
Psal.
105.
27.
to
32.
Psal.
145.
14
,
15
,
16.
Psal.
17.
27
,
28.
expressely
resolves
)
receive
,
enjoy
their
Lives
,
Honours
,
Offices
,
Estates
,
food
,
rayment
,
being
,
preservation
,
by
Gods
generall
and
speciall
providence
,
as
well
as
Kings
their
Crownes
,
Honours
,
Lives
,
Estates
?
And
is
not
the
providence
,
yea
are
not
the
very
[
o
](A91298-e40700-b)
o
Psa.
307.
Psal
92.
11
,
12.
Act.
12.
7.
to
18.
Heb.
1.
14.
Angels
of
God
,
who
are
all
ministring
spirits
,
sent
forth
to
minister
to
them
who
shal
be
heirs
of
salvation
,
as
vigilant
over
every
pious
Christian
(
though
never
so
mean
&
despicable
)
as
over
the
greatest
Monarch
in
the
world
?
If
so
,
as
all
men
must
necessarily
acknowledge
(
there
being
[
p
](A91298-e40740-b)
p
Rom.
2.
1.
Acts
10
34.
1
Pet
1.
17.
Deut.
●0
17.
Iob
34.
1●
,
20.
2
Chron
,
19.
7.
Gal.
2.
6.
Ephes.
69
Col.
3.
25.
no
respect
at
all
of
persons
with
God
,
who
accepts
not
the
persons
of
Princes
,
regards
the
rich
no
more
then
the
poor
,
for
they
are
all
the
work
of
his
hands
)
then
kings
reigning
by
the
Providence
of
God
,
can
of
it self
no
more
exempt
them
from
resistance
,
censures
,
deprivations
,
for
their
detestable
publike
crimes
,
then
it
exempts
any
other
Nobles
,
Princes
,
Iudges
,
Magistrates
,
Christians
,
or
the
meanest
subiects
whatsoever
;
which
I
shall
make
good
by
one
more
unanswerable
demonstration
.
There
is
not
one
of
our
Antagonists
but
will
acknowledge
,
that
Priests
under
the
Law
,
and
all
Ministers
under
the
Gospell
,
if
rightly
qualified
,
are
not
made
only
such
by
Gods
speciall
Providence
,
but
likewise
by
Divine
institution
from
God
himself
;
Nay
,
Tollet
,
[
q
](A91298-e40790-b)
q
Quest.
4
on
Rom.
13.
p.
580.
See
Cassanaeus
,
Catalogus
Gloriae
Mundi
,
pars
4.
Consid.
1.
to
8.
Willet
,
and
many
others
on
this
very
Text
of
the
Romanes
,
make
a
difference
between
the
civill
and
Ecclesiasticall
Regiment
and
Powers
:
for
the
first
(
say
they
)
is
so
from
God
,
that
yet
the
institution
thereof
may
be
devised
and
altered
by
man
,
and
therefore
Peter
calls
it
,
the
Ordinance
of
man
;
but
the
spirituall
Power
is
immediatelly
instituted
by
God
,
and
no
wayes
alterable
or
determinable
by
man
:
And
therefore
the
Apostle
saith
Ephes.
4.
11.
He
gave
some
to
be
Apostles
,
some
Prophets
,
some
Evangelists
,
&c.
So
that
by
their
determination
,
Ministers
are
more
Gods
Ordinance
,
and
more
jure
Divino
,
then
Kings
;
yea
but
few
years
since
they
all
professed
themselves
to
be
as
much
,
if
not
more
,
Gods
anointed
,
then
Kings
;
and
some
of
our
[
*
](A91298-e40870-b)
*
Archbishop
Laud
and
Neel
,
in
the
High
Commission
and
Starchamber
.
Archest
Prelates
made
publike
challenges
in
the
open
Court
,
That
if
they
could
not
prove
their
Lordly
Episcopacy
to
be
Iure
Divino
,
they
would
presently
burn
their
Rochets
,
and
lay
down
their
Bishopricks
;
though
they
never
made
good
their
promises
:
&
to
doubt
,
whether
the
Pope
and
his
supreme
Authoritie
be
iure
Divino
by
Christs
own
immediate
institution
,
deserves
a
fagot
in
the
Roman
Church
:
Yet
notwithstanding
all
this
Divine
Right
and
institution
,
our
Opposites
will
grant
,
That
if
Popes
,
Archbishops
,
Bishops
,
Priests
,
Ministers
preach
false
Hereticall
doctrines
,
oppresse
,
wound
,
slay
,
rob
,
plunder
the
people
committed
by
God
to
their
cares
;
or
attempt
with
force
to
subvert
Religion
,
Laws
,
Liberties
;
or
commit
any
capitall
offences
,
they
may
not
onely
with
safe
conscience
be
resisted
,
repulsed
by
their
people
,
but
likewise
apprehended
,
arraigned
,
deprived
,
condemned
,
executed
,
by
Lay
Iudges
,
as
infinite
examples
in
our
Histories
manifest
,
and
the
example
of
Abiathar
the
High
Priest
,
1
Kings
2.
26
,
27
And
if
so
,
then
why
not
Kings
as
well
as
they
,
or
other
temporall
Magistrates
,
notwithstanding
any
of
the
obiected
Texts
?
Either
therefore
our
Opposites
must
grant
all
Bishops
,
Priests
,
Ministers
,
yea
,
all
other
Magistrates
whatsoever
,
as
irresistable
,
uncensurable
,
undeprivable
,
uncondemnable
,
for
any
crimes
whatsoever
,
as
they
say
kings
are
,
which
they
dare
not
do
;
or
else
make
Kings
as
resistable
,
censurable
,
deprivable
,
and
lyable
to
all
kindes
of
punishments
,
(
by
their
whole
Kingdoms
consent
in
Parliament
)
as
far
forth
as
they
,
notwithstanding
all
the
former
Objections
,
which
quite
subverts
their
cause
.
Thirdly
,
Kings
and
Kingdoms
are
not
so
Gods
Ordinance
,
as
that
they
should
be
universall
over
all
the
world
,
and
no
other
Government
admitted
;
or
so
as
any
one
Nation
whatsoever
should
be
eternally
tyed
to
a
Monarchiall
Government
,
without
any
power
to
alter
it
into
an
Aristocracy
,
or
other
form
,
upon
any
occasion
;
or
so
as
unalterably
to
continue
the
Soveraign
power
in
one
family
alone
,
as
not
to
be
able
to
transfer
it
to
another
,
when
the
whole
State
shall
see
just
cause
:
Hereditary
Kingdoms
being
but
Offices
of
publike
trust
for
the
peoples
good
and
safety
,
as
well
as
elective
;
most
of
them
were
elective
at
first
,
and
[
*
](A91298-e40990-b)
*
Foxius
de
Rege
,
&c.
p.
17.
Grotius
de
iure
Belli
,
l.
1.
c.
3.
n.
10.
made
hereditary
onely
either
by
violent
usurpation
,
or
the
peoples
voluntary
assents
and
institution
,
and
not
by
any
immediate
divine
Authority
,
and
so
alterable
by
their
joynt
assents
,
as
[
s
](A91298-e41010-b)
s
Explan.
Artic.
42.
Zuinglius
,
[
t
](A91298-e41030-b)
t
De
Iure
Reg.
apud
Scotos
.
Buchanon
,
[
v
](A91298-e41050-b)
v
De
Rege
&
Regis
Instit.
l
1.
c.
4.
to
8.
Mariana
observe
,
and
the
Histories
of
most
Kingdoms
,
the
experience
of
all
ages
evidence
.
Which
truths
being
generally
confessed
by
all
[
x
](A91298-e41070-b)
x
Arist
Polit.
l.
3.
&
5.
Polyb.
Hist
l.
6.
Gen.
Haest
.
of
France
,
Spain
,
Hungary
,
Bohemia
,
England
.
Grotius
de
iure
Belli
,
l.
1.
c.
4.
n.
7
Covaru
.
Quaest.
Illustr.
T.
2.
396
,
n.
2.
4.
Vasquries
Contr.
Illustr.
59.
n.
8.
61.
n.
22
100.
n.
29.
Hookers
Eccles.
Pol:
l.
1.
see
.
10.
p.
69.
70
,
71.
Polititians
,
Historians
,
Statists
;
by
many
judicious
Divines
,
contradicted
by
no
one
text
of
Scripture
that
I
have
met
with
which
our
Opposites
have
objected
hitherto
,
they
will
finde
all
Monarchies
upon
the
matter
,
to
be
meer
humane
Institutions
,
alterable
still
by
that
humane
Power
which
did
at
first
erect
them
,
and
subordinate
still
thereto
,
as
the
Creature
to
its
Creator
;
and
to
be
Gods
Ordinance
onely
in
regard
of
speciall
providence
,
and
the
like
,
as
other
inferiour
Magistrates
,
Rulers
are
,
who
may
be
justly
resisted
,
altered
,
removed
,
censured
,
notwithstanding
the
objected
Text.
From
which
whiles
some
men
earnestly
presse
,
that
every
soul
by
Gods
own
Ordinance
,
ought
to
be
subject
to
some
publike
civill
power
,
(
which
[
y
](A91298-e41120-b)
y
See
Scripture
and
reason
pleaded
for
defensive
Arms
,
p
30
,
31
,
32.
others
safely
deny
,
since
the
Patriarks
,
the
first
families
of
most
Nations
and
Countries
were
not
so
,
and
all
Nations
,
all
people
before
setled
publike
governments
,
were
erected
,
which
in
many
places
are
not
very
ancient
;
since
those
whose
Parents
are
dead
,
and
are
not
by
them
subjected
to
a
Government
,
are
naturally
free
;
and
none
bound
to
part
with
their
freedom
to
any
other
,
unlesse
they
see
a
necessitie
,
a
great
advantage
,
and
that
upon
such
terms
and
conditions
as
they
deem
meet
,
)
they
involve
even
Kings
and
Emperours
themselves
by
Gods
own
Ordinance
,
in
a
subiection
to
a
superiour
earthly
civill
power
,
to
wit
,
to
their
Laws
,
Parliaments
,
Kingdoms
,
(
which
I
have
proved
Paramount
them
,
collectively
considered
)
according
to
the
common
proverbe
[
z
](A91298-e41130-b)
z
Seneca
Grotius
de
Iure
Belli
,
l.
1.
c.
4.
sect.
6.
p.
84.
Omne
sub
Regno
graviore
Regnum
est
;
and
that
of
[
a
](A91298-e41150-b)
a
Eccles.
5.
8.
Solomon
(
concerning
oppressing
Kings
and
Judges
)
He
that
is
higher
then
the
Highest
considers
,
and
there
be
higher
then
they
:
And
so
make
kings
not
onely
resistble
by
their
whole
Kingdoms
the
supreme
Soveraign
power
,
but
likewise
subiect
to
their
Realms
superiour
commands
,
and
uncapable
to
resist
their
lawfull
power
and
Forces
even
in
point
of
Conscience
,
by
vertue
of
this
very
Text.
And
so
much
for
the
fourth
Question
.
For
the
fifth
and
last
,
[
b
](A91298-e41190-b)
b
See
Paraeus
,
willet
,
Tollet
,
Soto
,
Marloras
,
and
others
on
this
Text.
What
kinde
of
resistance
of
the
Higher
powers
is
here
prohibited
?
I
answer
briefly
,
That
resistance
is
here
forbidden
,
which
is
contrary
to
subiection
or
obedience
,
as
the
words
,
Let
every
soul
be
subject
to
the
higher
Powers
,
coupled
with
the
ensuing
reason
,
Whosoever
therefore
resisteth
(
that
is
,
disobeyeth
,
or
is
not
subiect
to
)
the
Power
,
resisteth
the
Ordinance
of
God
;
and
they
that
resist
shall
receive
to
themselves
damnation
.
disordered
,
counter-ordered
,
or
ordered
against
,
(
as
Paraeus
,
Willet
,
and
others
observe
)
and
it
is
thus
used
by
the
Apostle
,
2
Thess.
3.
6
,
7
,
11
;
or
disobedient
,
1
Tim.
1.
9.
The
later
word
signifieth
properly
to
resist
,
withstand
,
or
oppose
;
in
which
sence
it
is
used
,
Matth.
5.
39.
Luke
21.
1
,
5.
Act.
6.
10.
Rom.
9.
19.
Gal.
2.
11.
2
Tim.
3.
1.
Hebr.
12.
4.
Iam.
4.
7.
chap.
5.
6.
1
Pet.
5.
9.
and
applied
indifferently
both
to
a
spirituall
,
corporall
,
and
verball
resistance
of
the
Holy
Ghost
,
the
Devill
,
or
men
:
Since
then
the
Apostle
in
this
Text
useth
the
Hebrew
phrase
Soul
,
not
Man
,
Let
every
Soul
be
subject
to
the
Higher
Powers
;
because
(
as
Haymo
,
Tollet
,
Willet
,
Soto
,
and
most
other
Interpreters
observe
)
we
[
c
](A91298-e41390-b)
c
Iudg
5.
2.
9.
1
Cor.
2.
3.
12.
1
Cor.
9.
17.
1
Pet.
5.
2.
Philem
14.
1
Chron.
29.
6.
9
14.
1
Tim.
6.
18.
Exod.
35.
21
,
22.
29.
1
Chron.
28
,
9.
Psal.
100.
3.
ought
willingly
and
cheerfully
to
submit
to
the
higher
Powers
,
not
only
with
our
bodies
,
but
soules
and
spirits
too
:
I
may
hence
cleerly
inferre
,
that
the
resistance
of
the
higher
Power
hee
prohibited
as
contrary
to
this
subjection
,
is
not
only
that
which
is
corporall
and
violent
by
force
of
armes
,
as
the
Objectors
glosse
it
;
but
that
likewise
which
is
verball
,
mentall
,
spirituall
in
the
soule
it selfe
without
the
body
,
and
no
more
then
a
meer
passive
resistance
,
or
not
obeying
:
For
not
to
doe
what
the
higher
Powers
enjoyn
,
is
in
verity
actually
to
resist
,
to
withstand
them
;
as
not
to
doe
the
will
,
not
to
yeeld
obedience
to
the
motions
,
dictates
of
the
Holy
Ghost
or
devill
is
really
to
resist
them
,
even
in
Scripture
phrase
:
Yea
,
corporall
resistance
or
opposition
by
way
of
force
is
only
an
higher
degree
of
resistance
,
but
not
the
onely
or
proper
resistance
here
prohibited
,
which
relates
principally
to
the
Soule
and
Spirit
.
For
as
corporall
forced
obedience
against
a
mans
will
which
still
holds
[
d
](A91298-e41420-b)
d
2
Cor.
9.
7.
out
,
is
no
true
obedience
in
the
esteem
of
God
or
men
:
and
as
the
very
essence
,
life
of
all
outward
obedience
consisteth
[
e
](A91298-e41450-b)
e
See
(c)
beso
.
2
Cor.
9.
13.
7.
Rom.
12.
8.
11.
principally
in
the
cheerfull
submission
or
activity
of
the
soule
or
will
:
So
a
forced
corporall
resistance
against
the
mind
or
conscience
,
is
in
a
manner
no
resistance
;
and
the
very
malignity
,
quintessence
of
all
inward
or
outward
resistance
,
disobedience
,
rests
only
in
the
mind
,
soule
,
will
;
and
is
here
principally
forbidden
,
as
is
evident
by
the
5.
verse
;
Wherefore
ye
must
needs
be
subject
,
not
onely
for
wrath
(
which
relates
only
to
the
body
,
which
mens
wrath
can
only
harm
in
case
of
disobedience
,
Mat.
10.
28.
)
but
also
FOR
CONSCIENCE
SAKE
,
which
principally
,
if
not
wholly
relates
unto
the
soule
,
of
which
the
conscience
is
a
chief-overruling
part
.
This
then
being
altogether
irrefragable
,
gives
our
Antagonists
,
with
Dr.
Fern
,
an
eternall
overthrow
,
and
unavoidably
demonstrates
the
resistance
of
the
Higher
Powers
here
prescribed
,
to
be
only
of
iust
lawfull
powers
in
their
iust
commands
or
punishments
,
which
we
must
neither
corporally
,
verbally
,
nor
so
much
as
mentally
resist
,
but
readily
submit
too
with
our
very
soules
,
as
well
as
bodies
:
not
of
Tyrants
or
ungodly
Rulers
uniust
oppressions
,
Forces
,
proceedings
to
subvert
Religion
,
Lawes
,
Liberties
,
which
all
our
Opposites
,
all
Divines
whatsoever
grant
,
we
are
bound
in
conscience
passively
to
resist
,
and
disobey
;
yea
,
with
our
Tongues
to
[
g
](A91298-e41580-b)
g
Levit.
19.
17.
Mat.
14.
4.
Psal.
139
,
21.
22
Pro.
29.
27.
Ps.
11.
5.
reprehend
,
and
our
Souls
and
spirits
to
oppose
,
detest
,
abhorre
,
hate
in
the
very
highest
degree
of
opposition
,
notwithstanding
this
inhibition
:
And
therefore
by
like
reason
are
no
wayes
prohibited
,
but
authorized
by
it
,
even
forcibly
to
resist
to
our
utmost
power
,
have
we
meanes
and
opportunity
so
to
doe
,
as
the
Parliament
now
hath
:
That
power
and
proceedings
which
Christians
may
lawfully
with
good
conscience
,
yea
and
are
bound
to
resist
with
all
their
souls
,
minds
,
tongues
,
they
justly
may
and
must
likewise
resist
with
all
their
corporall
might
and
strength
;
especially
if
they
have
good
opportunity
,
publike
encouragements
,
and
meanes
to
do
it
,
as
Deut.
6.
12.
1
Pet.
5.
9.
Iude
3.
4.
Phil.
1.
27
,
28.
1
Cor.
16.
13.
compared
together
,
and
with
the
premised
Scriptures
,
fully
evidence
.
But
Christians
may
lawfully
with
good
conscience
,
yea
must
resist
with
all
their
souls
,
minds
,
tongues
,
the
fore-named
violent
proceedings
of
kings
,
Oppressors
,
ill
Counsellors
and
Cavaleers
,
and
no
wayes
submit
unto
them
with
their
souls
,
minds
,
tongues
,
lest
thereby
they
should
approve
and
be
partakers
,
with
promoters
of
their
execrable
designes
;
therefore
they
may
and
must
with
safe
conscience
resist
them
with
all
their
corporall
might
and
strength
,
having
now
opportunity
,
a
Parliamentary
publike
command
and
sufficient
meanes
to
execute
it
.
And
thus
have
I
now
at
last
not
onely
most
clearly
wrested
this
sword
out
of
the
hands
of
our
great
opposite
Goliahs
,
but
likewise
cut
off
their
heads
,
and
so
routed
all
their
forces
with
it
,
as
I
trust
they
shall
never
be
able
to
make
head
againe
.
Yet
before
I
wholly
take
my
leave
of
this
Text
to
gratifie
our
Prelaticall
Clergy
,
I
shall
for
a
parting
blow
adde
this
one
observation
more
,
That
all
our
(
[
i
](A91298-e41660-b)
i
See
Tostatus
,
Caictan
,
Cornelius
a
Lapide
.
Soto
Estrus
,
with
most
Popish
Commentators
,
&
Dr.
Willet
on
this
Text
,
Bellarm.
de
Clericis
,
and
the
Canonists
,
de
exemptionibus
,
&
Immunit
.
Clericorum
.
Popish
Clermen
her●tofore
(
and
many
of
them
till
this
day
)
notwithstanding
the
universality
of
this
Text
,
Let
every
soule
be
subject
to
the
higher
Powers
,
&c.
not
only
pretended
themselves
to
be
of
right
exempted
from
the
jurisdiction
censures
,
taxes
of
Emperours
,
Kings
,
and
a●
Civill
Magistrates
,
)
Which
priviledges
some
of
our
late
Prelates
began
to
revive
,
as
the
late
cases
of
Mr.
Shervill
,
the
Maior
of
Arundel
,
and
some
others
evidence
,
censured
for
punishing
drunken
Priests
)
but
likewise
held
it
lawfull
to
censure
,
excommunicate
,
depose
even
Emperours
and
Kings
themselves
,
and
interdict
their
Kingdomes
;
witnesse
not
only
the
[
k
](A91298-e41740-b)
k
Bp.
Bilsons
●●ue
Difference
&c.
par.
3.
p.
369.
to
376.
Io.
Whites
Defence
of
the
way
c.
6.
p.
14.
to
22.
Popes
excommunications
of
many
Emperours
and
Kings
,
by
apparant
usurpation
and
injury
;
but
of
sundry
Prelates
excommunications
of
their
own
Soveraigns
as
of
right
and
putting
them
to
open
penances
;
as
K.
Suintilla
,
Sancho
,
Ramir
in
Spain
,
and
others
elswhere
,
of
which
you
may
read
divers
presidents
in
my
Appendix
:
The
History
of
[
m
](A91298-e41790-b)
m
Theod.
Eccles.
hist
l.
5.
c.
17
,
18.
Sozom.
l
7.
c.
c.
34.
St.
Ambrose
his
excommunicating
the
Emperour
Theodosius
for
the
bloody
murther
of
those
of
Thessalonica
,
is
so
commonly
known
,
that
I
need
not
spend
time
to
recite
it
,
nor
yet
the
[
n
](A91298-e41820-b)
n
See
Math.
Westm
.
Math.
Paris
,
Hoved
●n
Polychron
.
Fab.
Caxton
,
Polidor
,
Virigit
,
Holmsh
.
Slow
,
Grafton
,
Speed
,
Daniel
in
the
Lives
of
Hen
2.
K.
Iohn
and
Hen.
3.
excommunications
and
censures
of
our
King
Iohn
,
or
Henry
the
2.
and
3.
Suano
King
of
Denmark
(
as
Saxo-Grammaticus
records
)
was
not
onely
sharply
reprehended
,
but
excommunicated
in
a
most
bold
and
solemn
manner
by
one
of
his
Bishops
for
his
uncleannesse
,
and
murthering
some
eminent
persons
,
of
whom
he
was
jealous
,
whiles
they
were
at
their
devotions
in
the
Church
.
[
l
](A91298-e41910-b)
l
Pag.
62.
Ge.
hist.
of
Spain
.
This
Bishop
instead
of
meeting
this
King
when
he
came
to
enter
into
the
Church
,
with
accustomed
veneration
,
clad
in
his
Pontificalibus
,
with
his
Crosier
S●affe
kept
him
from
entring
so
much
as
within
the
Court
thereof
;
calling
him
not
by
the
name
of
a
King
,
which
he
suppressed
,
but
a
shedder
of
mans
blood
;
and
not
content
to
chide
him
,
he
fixed
the
point
of
his
Staffe
in
his
brest
,
preferring
the
publike
scandall
of
Religion
before
private
society
,
not
being
ignorant
,
that
the
Offices
of
familiarity
were
one
thing
,
the
rights
of
Priesthood
another
thing
,
that
the
wickednesses
of
Lords
as
well
as
servants
ought
to
be
revenged
,
nor
are
Noble-mens
crimes
to
be
more
partially
censured
,
then
ignoble
ones
:
And
not
content
thus
to
repulse
him
,
he
added
an
execration
therunto
and
denounced
a
sentence
of
damnation
against
him
in
his
presence
,
so
as
he
left
it
doubtfull
,
whether
he
repulsed
him
more
valiantly
with
his
hand
,
or
voyce
.
Hereupon
the
King
considering
this
Act
to
proceed
from
zeale
and
publike
severity
against
wickednesse
,
and
being
confounded
with
the
blush
of
his
guilty
conscience
,
forbad
any
to
resist
his
violence
,
and
patiently
underwent
,
heard
both
his
repulse
and
reprehention
;
After
which
,
this
King
laying
aside
his
royall
Robes
,
put
on
old
course
apparell
,
desiring
rather
to
testifie
his
sorrow
by
the
deformity
of
his
habit
,
then
his
contempt
by
the
splendor
of
it
.
And
struck
with
so
sad
a
sentence
of
the
Bishop
,
he
would
not
indure
to
carry
about
the
ornaments
of
Royall
Magnificence
;
but
casting
away
the
ensignes
of
Regall
Majesty
,
he
put
on
sack-cloth
the
badge
of
penitence
;
putting
off
his
power
likewise
together
with
his
vestment
,
and
of
a
sacrilegious
Tyrant
,
became
a
faithfull
reverencer
of
holy
things
.
For
returning
bare-foot
to
the
Church-porch
,
he
cast
himselfe
prostrate
in
the
entrance
thereof
,
and
humbly
kissed
the
ground
,
suppressing
the
griefe
which
is
wont
most
sharply
to
be
inflicted
from
contempt
,
with
shamefac'tnesse
and
moderation
,
redeeming
the
fault
of
his
bloody
reigne
with
shame
and
penitence
:
After
which
confessing
his
fault
,
and
craving
pardon
with
teares
of
the
Bishop
,
he
was
absolved
,
and
then
putting
on
his
Royall
Robes
,
admitted
into
the
Church
,
and
brought
up
to
the
Altar
,
to
the
exceeding
joy
of
the
people
,
who
applauding
the
kings
humiliation
and
modesty
;
plus
poenitentia
pium
,
quam
imperto
scoelest●●m
〈…〉
confessus
:
A
memorable
story
of
a
zealous
stout
Prelate
,
and
of
a
pen●tent
submissive
wild
Prince
:
I
shall
only
adde
to
this
some
few
domestick
president●
of
our
Welch
Kings
[
p
](A91298-e41950-b)
p
S●elm
Concil
tom
p.
381
38.
〈◊〉
aodw
n.
Ca●al
of
●ish
.
Edit.
2
2.
p.
328.
Teudur
king
of
Brecknock
,
for
his
periury
and
murther
of
Elgisti●
another
King
of
that
Countrey
,
was
solemnly
excommunicated
by
Gurcan
the
10.
Bishop
of
Landaffe
and
his
Clergy
,
in
a
Synod
assembled
for
this
purpose
,
by
uncovering
the
Altars
,
casting
the
Crosses
and
Reliques
on
the
ground
,
and
depriving
him
〈◊〉
Christian
communion
,
Whereupon
Toudur
unable
to
undergoe
this
malediction
and
rigorous
iustice
,
with
a
contrite
heart
,
and
many
teares
powred
forth
,
craved
pardon
of
his
crimes
,
and
submitted
himselfe
to
the
penance
imposed
on
him
according
to
his
quality
and
greatnesse
.
[
q
](A91298-e42050-b)
q
Spelm
Concil.
p.
382
,
383.
King
Clotri
slaying
Iuguallaun
treacherously
,
contrary
to
his
League
and
Oath
,
Berthgwin
the
14.
Bishop
of
Landaffe
,
hearing
thereof
,
assembled
a
Synod
of
his
Clergy
at
Landaffe
,
and
solemnly
excommunicated
the
King
with
all
his
Progeny
and
Kingdom
,
by
uncovering
the
Altars
,
casting
down
the
Crosses
on
the
earth
,
and
depriving
the
Countrey
both
of
Baptisme
and
the
Euch●rist
.
Whereupon
the
King
unable
to
endure
so
great
an
excommunication
,
with
great
deiection
submitted
himselfe
to
the
Bishop
,
and
leaving
his
Kingdom
,
went
on
pilgrimage
into
forraign
parts
for
a
long
space
;
after
which
returning
,
by
the
intercession
of
king
Morcant
,
he
obtained
absolution
from
the
Bishop
,
to
whose
enioyned
penance
he
submitted
himself
,
conferring
divers
Lands
upon
the
Church
.
And
in
another
Synod
at
Landaffe
under
this
Bishop
,
King
Gurcan
,
for
living
incestuously
with
his
Mother-in-law
was
solemnly
excommunicated
in
form
aforesaid
;
whereupon
he
craved
pardon
,
resolved
to
put
away
his
Mother-in-law
,
promised
satisfaction
by
K.
Iudhail
his
Intercessor
;
upon
which
he
was
absolved
,
upon
promise
of
amendment
of
life
,
with
fasting
,
prayer
and
almes
;
after
which
he
bestowed
divers
Lands
on
the
Church
,
[
r
](A91298-e42160-b)
r
Spelm.
Con●
p.
383
,
384.
Godw.
Catal.
of
Bish.
p.
523.
Houell
king
of
Gleuissig
,
contrary
to
his
Oath
&
League
,
trecherously
circumverring
and
slaying
Gallun
,
hereupon
Cerenlyir
the
18.
Bishop
of
Landaffe
,
calling
a
Synod
,
solemnly
excommunicated
him
by
laying
all
the
crosses
on
the
ground
,
overturning
the
Bells
,
taking
the
Reliques
from
the
Altar
and
casting
them
on
the
ground
depriving
him
of
all
Christian
communion
,
under
which
excommunication
he
remained
almost
a
whole
yeers
space
;
After
which
,
this
king
came
bare-foot
to
the
Bishop
,
imploring
his
absolution
from
this
sentence
with
many
teares
,
which
he
obtained
after
publke
penance
enoyned
.
Not
long
after
the
same
Bishop
and
his
Clergy
in
another
Synod
,
for
the
like
crime
,
in
the
self-same
former
excommunicated
Ili
sonne
of
Conblus
,
till
he
came
bare-footed
with
teares
and
prayed
absolution
;
which
upon
performance
of
enjoyned
penance
,
promise
of
future
reformation
,
with
prayers
,
fasting
,
almes
,
and
the
setling
of
some
Lands
on
the
Church
,
was
granted
him
by
the
Bishop
.
So
[
s
](A91298-e42270-b)
s
Spcim
.
Concil.
p.
305
,
385.
Loumarch
son
of
Cargnocaun
,
was
in
a
full
Synod
excommunicated
by
Gulfrid
the
20.
Bishop
of
this
See
,
for
violating
the
patrimony
of
the
Church
;
and
king
Brochuail
,
with
his
family
convented
before
a
Synode
,
threatned
Excommunication
,
enjoyned
Penance
and
satisfaction
by
the
Synode
,
for
some
injuries
offered
to
to
Ciueilliauc
the
two
and
twentieth
Bishop
of
Landaffe
.
[
*
](A91298-e42340-b)
*
Goduin
.
Cata.
log
.
of
Bistr
.
p
527.
Mauric
King
of
of
Glamorgan
was
excommunicated
by
Ioseph
the
eigth
and
twentieth
Bishop
of
Landaffe
,
for
treacherously
putting
out
the
eyes
of
Etguin
during
the
truce
between
them
;
After
which
he
was
again
publikely
excommunicated
in
a
Synode
,
for
violating
the
Sanctuarie
of
the
Church
of
Landaffe
,
and
hurting
some
of
this
Bishops
servants
;
and
not
absolved
till
he
made
his
submission
,
and
did
his
Penance
,
and
gave
some
lands
to
the
Church
for
satisfaction
of
these
offence
.
Thus
[
u
](A91298-e42420-b)
u
Spelmanim
.
Concil.
Tau.
1.
p.
626
,
627.
Goduin
.
Edit.
2.
p.
528.
Calgucam
King
of
Morganauc
,
and
his
whole
family
were
solemnly
excommunicated
by
Her●wald
the
nine
and
twentieth
Bishop
of
Landaffe
in
a
Synod
of
all
his
Clergy
,
onely
because
one
of
the
Kings
followers
being
drunk
,
laid
violent
hands
upon
Bathutis
the
Bishops
Physitian
and
Kinsman
on
Christmas
day
,
Anno
1056.
Whereupon
all
the
Crosses
and
Reliques
were
cast
to
the
ground
,
the
Bells
overturned
,
the
Church
doors
stopped
up
with
thorns
,
so
as
they
continued
without
a
Pastor
and
Divine
Service
day
and
night
for
a
long
season
,
till
the
King
(
though
innocent
)
submitted
himself
to
the
Bishop
;
and
to
obtain
his
absolution
,
gave
Henringuinna
to
him
and
his
Successors
for
ever
,
free
from
all
secular
and
royall
services
,
in
the
presence
of
all
the
Clergie
and
people
.
So
[
x
](A91298-e42540-b)
x
Mat.
Paris
.
H●st
.
p.
551
,
715
Goduin
.
catalo
.
p.
537.
547.
Richard
the
tenth
Bishop
of
Bangor
,
excommunicated
David
ap
Lhewelin
,
Prince
of
Wales
,
for
detaining
his
brother
Griffith
prisoner
,
contrarie
to
his
Oath
,
repairing
to
him
upon
the
Bishops
word
for
his
safe
return
,
who
never
left
vexing
him
,
till
he
had
delivered
him
up
to
to
the
King
of
Englands
hands
.
Many
such
presidents
of
Prelates
censuring
and
excommunicating
their
Kings
occur
in
Storie
,
which
for
brevity
I
pretermit
;
onely
'
I
shall
inform
you
,
that
[
y
](A91298-e42610-b)
y
Antiqu.
Eccles.
Bul.
p.
245.
See
Walsingh
.
Hist.
Angl
p.
238.
to
144.
Iohn
Stratford
Archbishop
of
Canterbury
,
in
the
14.
year
of
K.
Edw.
3
,
contesting
with
this
King
,
and
excommunicating
divers
of
his
followers
,
and
all
the
infringers
of
the
Churches
Liberties
,
presumed
to
write
thus
unto
his
Soveraign
;
There
are
two
things
by
which
the
world
is
principally
governed
,
The
sacred
Pontificall
authority
,
and
the
royall
power
,
of
which
the
Priesthood
is
by
so
much
the
more
weighty
,
ponderous
,
and
sublim●
,
by
how
much
they
are
to
give
an
account
of
kings
themselves
at
the
Divine
audit
:
And
therefore
the
kings
Majesty
ought
to
know
,
that
you
ought
to
depend
on
their
judgement
,
not
they
to
be
regulated
according
to
your
will
.
For
who
doubteth
that
the
priests
of
Christ
are
accounted
the
FATHERS
AND
MASTERS
of
Kings
,
Princes
,
and
all
faithfull
Christians
?
Is
it
not
known
to
be
apart
of
miserable
madnesse
,
if
the
son
should
endeavour
to
subjugate
the
Father
,
the
servant
the
master
to
himself
?
The
Canonicall
authority
of
Scriptures
testifieth
,
that
diver
.
Pontiffs
have
excommunicated
,
some
of
them
Kings
,
others
Emperours
:
And
if
you
require
somewhat
in
speciall
of
the
persons
of
Princes
;
Saint
Innocent
smote
the
Emperour
Archadius
with
the
sword
of
excommunication
,
because
he
consented
that
Saint
John
Chrysostom
should
be
violently
expelled
from
his
See
.
Likewise
Saint
Ambrose
Archbishop
of
Millain
,
for
afault
which
seemednot
so
hainous
to
other
priests
,
excommunicated
the
Emperour
Theodosius
the
great
:
From
which
sentence
,
having
first
given
condigne
satisfation
,
he
afterwards
deserved
to
be
absolved
;
and
many
such
like
examples
may
be
alleaged
,
both
more
certain
for
time
,
and
nearer
for
place
.
Therefore
no
Bishops
whatsoever
neither
may
nor
ought
to
be
punished
by
the
secular
Power
,
if
they
chance
to
offend
through
humane
frailtie
:
For
it
is
the
duty
of
a
good
and
religious
Prince
to
honour
the
Priests
of
God
,
and
defend
them
with
greatest
reverence
,
in
imitation
of
the
Pious
Prince
of
most
happy
memory
,
Constantine
,
saying
,
when
the
cause
of
Priests
was
brought
before
him
,
You
cannot
be
iudged
by
any
,
to
wit
,
of
the
secular
judges
,
who
are
reserved
to
the
iudgement
of
God
alone
;
according
to
the
assertion
of
the
Apostle
(
very
ill
applied
)
saying
,
The
spirituall
man
is
iudged
of
no
man
,
1
Corinth
.
2.
15.
(
Not
meant
of
Bishops
or
Clergie-men
,
but
Saints
alone
,
endued
with
Gods
Spirit
,
not
of
judging
in
courts
of
iustice
,
but
of
discerning
spirituall
things
,
and
their
own
spirituall
Estates
,
as
the
Context
resolves
:
)
Thus
and
much
more
this
Prelate
,
who
notwithstanding
this
text
of
the
Romanes
,
pleads
an
exemption
of
all
Bishops
and
Priests
from
the
kings
secular
power
,
by
Divine
Authority
,
and
arrogates
to
Priest
and
Prelates
,
a
iudiciary
lawfull
power
over
Kings
themselves
,
to
excommunicate
and
censure
them
for
their
offences
.
And
to
descend
to
later
times
,
even
since
the
the
Reformation
of
Religion
here
,
Iohn
Bridges
Dean
of
Sarum
,
and
Bishop
of
Oxfort
,
even
in
his
Book
intituled
,
The
supremacy
of
Christian
Princes
over
all
persons
thorowout
their
Dominions
,
in
all
causes
so
well
Ecclesiasticall
as
spirituall
,
printed
at
London
,
1573.
p.
1095.
writes
thus
;
But
who
denies
this
(
M.
Saunders
)
that
a
godly
Bishop
may
upon
great
and
urgent
occasion
,
if
it
shall
be
necessary
to
edifie
Gods
Church
,
and
there
be
no
other
remedy
,
flee
to
this
last
censure
of
Excommunication
AGAINST
A
WICKED
KING
?
Making
it
a
thing
not
questionable
by
our
Prelates
and
Clergie
,
that
they
may
in
such
a
case
lawfully
excommunicate
the
King
himself
:
And
Doctor
Bilson
Bishop
of
Winchester
,
in
his
True
difference
between
Christian
subiection
and
unchristian
Rebellion
,
dedicated
to
Queen
Elizabeth
her self
,
printed
at
Oxford
,
1595.
Part.
3.
Page
369.
to
378.
grants
,
That
Emperours
,
Kings
and
Princes
,
may
in
some
cases
be
Excommunicated
and
kept
from
the
Lords
Table
by
their
Bishops
;
and
grants
,
That
with
Hereticks
and
Apostates
,
be
THEY
PRINCES
or
private
men
,
no
Christian
Pastor
nor
people
may
Communicate
:
Neither
finde
I
any
Bishop
or
Court
Doctor
of
the
contrary
opinion
,
but
all
of
them
readily
subscribe
hereto
.
If
then
not
onely
the
ill
Counsellors
and
Instruments
of
Kings
,
but
Kings
and
Emperours
themselves
,
may
thus
not
onely
be
lawfully
,
iustly
resisted
,
but
actually
smitten
and
excommunicated
by
their
Bishops
and
Clergy
,
with
the
spirituall
sword
,
for
their
notorious
crimes
and
wickednesses
,
notwithstanding
this
inhibition
;
(
which
[
*
](A91298-e42930-b)
*
Theod.
Eccles.
Hist.
1.
4.
c.
5
,
6.
Valentinian
the
Emperour
confessed
;
and
therefore
desired
,
that
such
a
Bishop
should
be
chosen
and
elected
in
Millain
after
Auxentius
,
as
he
himself
might
really
and
cordially
submit
to
him
and
his
reprehensions
,
since
he
must
sometimes
needs
erre
as
a
man
,
as
to
the
medicine
of
souls
;
as
he
did
to
Ambrose
,
when
he
was
elected
Bishop
there
;
)
why
they
may
not
likewise
be
resisted
by
their
Laity
in
the
precedent
cases
with
the
temporall
sword
,
and
subjected
unto
the
censures
of
the
whole
Kingdoms
and
Parliaments
,
transcends
my
shallow
apprehension
to
conceive
,
there
being
as
great
,
if
not
greater
,
or
the
very
self-same
reason
for
the
lawfulnesse
of
the
one
,
as
of
the
other
.
And
till
our
Opposites
shall
produce
a
substantiall
difference
between
these
cases
,
or
disclaim
this
their
practice
and
doctrine
of
the
lawfulnesse
of
excommunicating
Kings
and
Emperours
,
they
must
give
me
and
others
liberty
to
conceive
,
they
have
quite
lost
and
yeelded
up
the
cause
they
now
contend
for
,
notwithstanding
this
chief
Text
of
Romaves
13.
the
ground
of
all
their
strength
at
first
,
but
now
of
their
ruine
.
The
tenth
[
x
](A91298-e43030-b)
x
Dr.
Fern
Sect.
2.
Appeal
to
thy
Conscience
.
Objection
is
this
,
that
of
1
Pet.
2
,
13
,
14
,
15
,
16.
Submit
your selves
to
every
ORDINANCE
OF
MAN
for
the
Lords
sake
,
whether
it
be
to
The
King
AS
SVPREAME
,
or
unto
Governours
,
as
unto
them
that
are
sent
by
him
(
to
wit
,
by
God
,
not
the
King
,
as
the
distribution
manifests
,
and
Rom.
13.
1
,
2
,
3
,
4.
)
For
the
punishment
of
evill
doers
,
and
for
the
praise
of
them
that
doe
well
,
&c.
Feare
God
,
Honour
the
King
;
wee
must
submit
to
Kings
and
honour
Kings
,
who
are
the
supream
Governours
;
therefore
we
may
in
no
case
forcibly
resist
them
or
their
Officers
,
though
they
degenerate
into
Tyrants
.
To
which
I
answer
;
who
are
punishers
of
evill
doers
,
and
praisers
of
those
that
do
well
;
which
the
Apostle
makes
the
Ground
and
motive
to
submission
;
therefore
this
text
extends
not
to
Tyrants
and
oppressours
,
who
doe
quite
contrary
.
We
must
submit
to
Kings
when
they
rule
well
and
justly
,
is
all
the
Apostle
here
affirms
;
Ergo
wee
must
submit
to
,
and
not
resist
them
in
any
their
violent
courses
to
subvert
Religion
,
Lawes
,
Liberties
;
is
meet
non-sence
both
in
Law
,
Divinity
,
and
common
Reason
.
If
any
reply
,
Bids
servants
〈◊〉
subject
to
their
Masters
with
all
feare
,
not
onely
to
the
good
and
gentle
,
but
also
to
the
froward
:
For
this
is
thank-worthy
,
if
a
man
for
conscience
towards
God
endure
griefe
suffering
wrongfully
,
&c.
Ergo
this
is
meant
of
evill
Magistrates
and
Kings
,
as
well
as
good
.
vers.
20.
For
what
glory
is
it
,
if
when
yee
be
BVFFETED
FOR
your
faults
,
&c.
intimates
:
not
of
publike
iniuries
and
oppressions
of
Magistrates
,
which
indanger
the
whole
Church
and
State
.
A
Christian
servant
or
subiect
must
patiently
endure
private
undue
corrections
of
a
froward
Master
or
King
:
[
*
](A91298-e43150-b)
*
See
Heb.
12.
10.
Matth.
5.
39
,
40.
Ergo
whole
Kingdomes
and
Parliaments
,
must
patiently
without
resistance
suffer
their
kings
and
evill
Instruments
to
subvert
Religion
,
Lawes
,
Liberties
,
Realms
,
(
the
proper
deduction
been
)
is
but
a
ridiculous
conclusion
.
Secondly
,
This
Text
enjoynes
no
more
subjection
to
kings
,
then
to
any
other
Magistrates
;
as
the
words
:
Submit
your selves
TO
EVERY
ORDINANCE
of
Man
;
Or
unto
Governors
,
&c.
prove
past
all
contradiction
;
And
vers
6.
which
bids
us
,
Honour
the
King
;
bids
us
first
in
direct
tearmes
,
HONOVR
ALL
MEN
;
to
wit
,
All
Magistrates
at
least
,
if
not
all
men
in
generall
,
as
such
:
There
is
then
no
speciall
Prerogative
of
irresistability
given
to
kings
by
this
Text
in
injurious
violent
courses
,
more
then
there
is
to
any
other
Magistrate
or
person
whatsoever
;
God
giving
no
man
any
Authority
to
injure
others
without
resistance
,
especially
if
they
assault
their
persons
or
invade
their
Estates
to
ruine
them
:
Since
then
inferiour
Officers
,
and
other
menmay
be
forc●bly
resisted
when
they
actually
attempt
by
force
to
ruine
Religion
,
Lawes
,
Liberties
,
the
republike
,
as
I
haue
proved
,
and
our
Antagonists
must
grant
;
by
the
self-same
reason
kings
may
be
resisted
too
,
notwithstanding
any
thing
in
this
Text
,
which
attributes
no
more
irresistability
or
authority
to
Kings
,
then
unto
other
Magistrates
.
Thirdly
,
Kings
are
here
expresly
called
;
AN
ORDINANCE
OF
MAN
,
not
God
;
as
I
have
formerly
proved
them
to
be
.
If
so
;
I
then
appeal
to
the
consciences
of
our
fiercest
Antagonists
,
whether
they
do
beleeve
in
their
consciences
,
or
date
take
their
Oathes
upon
it
;
That
ever
any
people
or
Nation
in
the
world
,
or
our
Ancestors
at
first
,
did
appoint
any
Kings
or
Governours
over
them
,
to
subvert
Religion
,
Laws
,
Liberties
;
or
intend
to
give
them
such
an
unlimited
uncontroulable
Soveraignty
over
them
,
as
not
to
provide
for
their
own
safety
,
or
not
to
take
up
Arms
against
them
,
for
the
necessary
defence
of
their
Laws
,
Liberties
,
Religion
,
Persons
,
States
,
under
pain
of
high
Treason
,
or
eternall
damnation
,
in
case
they
should
degenerate
into
Tyrants
,
and
undertake
any
such
wicked
destructive
designe
.
If
not
(
as
none
can
without
madnesse
and
impudence
averre
the
contrary
,
it
being
against
all
common
sence
and
reason
,
that
any
man
or
Nation
should
so
absolutely
,
irresistably
inslave
themselves
and
their
Posterities
to
the
very
lusts
and
exorbitancies
of
Tyrants
,
and
such
a
thing
as
no
man
,
no
Nation
in
their
right
sences
,
were
they
at
this
day
to
erect
a
most
absolute
Monarchie
,
would
condescend
to
;
)
then
clearly
the
Apostle
here
confirming
onely
the
Ordinances
of
men
,
and
giving
no
Kings
nor
Rulers
any
other
or
greater
power
then
men
had
formerly
granted
them
(
for
that
had
been
to
alter
,
not
approve
their
humane
Ordinances
)
I
shall
infallibly
thence
inferre
;
That
whole
States
,
and
Subjects
,
may
with
safe
conscience
resist
the
unjust
violence
of
their
Kings
in
the
foresaid
cases
,
because
they
never
gave
them
any
authority
irresistably
to
act
them
,
nor
yet
devested
themselves
(
much
lesse
their
posterity
whom
they
could
not
eternally
inslave
)
of
the
right
,
the
power
of
resisting
them
in
such
cases
;
whom
they
might
justly
resist
before
,
whiles
they
were
private
men
,
and
as
to
which
illegall
proceedings
they
continue
private
persons
still
,
since
they
have
no
legall
power
given
them
by
the
people
to
authorize
any
such
exorbitances
.
Fourthly
,
The
subjection
here
enjoyned
,
is
not
passive
,
but
active
,
witnesse
ver.
15.
For
so
is
the
will
of
God
,
that
by
WELL
DOING
(
to
wit
,
by
your
actuall
cheerfull
submission
to
every
Ordinance
of
man
for
the
Lords
sake
,
&c.
)
you
put
to
silence
the
ignorance
of
foolish
men
:
as
free
,
and
not
using
your
liberty
,
&c.
If
then
this
Text
be
meant
of
active
,
not
passive
obedience
;
then
it
can
be
intended
onely
of
lawfull
Kings
,
of
Magistrates
in
their
just
commands
,
whom
we
must
actually
obey
;
not
of
Tyrants
and
Oppressours
in
their
unjust
wicked
proceedings
,
whom
we
are
bound
in
such
cases
actually
to
disobey
,
as
our
Antagonists
grant
,
and
I
have
largely
evidenced
elsewhere
:
Wherefore
,
it
directly
commands
resistance
,
not
subjection
in
such
cases
;
since
actuall
disobedience
to
unjust
commands
,
is
actuall
resisting
of
them
.
And
that
these
Texts
prescribing
resistance
tacitely
,
should
apparantly
prohibit
it
under
pain
of
Treason
,
Rebellion
,
Damnation
,
is
a
Paradox
to
me
.
Fifthly
,
This
Text
doth
no
way
prove
that
false
conceit
of
most
,
who
hence
conclude
:
That
all
Kings
are
the
Supream
Powers
,
and
above
their
Parliaments
,
and
whole
Kingdoms
,
even
by
Divine
institution
:
There
is
no
such
thing
,
nor
shadow
of
it
in
the
Text.
For
first
,
Humane
Ordinance
;
If
then
Kings
be
the
Supreamest
Power
,
and
above
their
Parliaments
,
Kingdoms
,
it
is
not
by
any
Divine
Right
,
but
by
Humane
Ordination
onely
,
as
the
Text
resolves
.
Secondly
,
That
all
Kings
in
all
Kingdoms
are
,
or
ought
to
be
Supreame
;
or
let
them
be
so
henceforth
:
no
such
inference
appears
therein
.
It
speaks
not
what
Kings
ought
to
be
in
point
of
Power
;
but
onely
takes
them
as
they
are
,
(
according
to
that
of
Rom.
13.
2.
The
Powers
that
ARE
,
&c.
to
wit
,
that
are
,
even
now
every
where
in
being
,
not
which
ought
to
be
,
or
shall
be
)
whence
he
saith
;
Submit
to
the
King
as
supreame
:
that
is
;
where
by
the
Ordinance
of
man
the
King
is
made
supreame
;
not
,
where
Kings
are
not
the
supreamest
Power
;
as
they
were
not
among
the
[
a
](A91298-e43370-b)
a
See
Bodin
Common-weal
l.
1.
c.
10.
l.
2.
c.
5.
Hugo
Grotius
de
jure
Belli
.
l.
1.
c.
3.
sect.
8
to
.
13.
&
Annotata
.
ancient
Lacedemonians
,
Indians
,
Carthaginians
,
Gothes
,
Aragonians
,
and
in
most
other
Kingdoms
,
as
I
have
[
b
](A91298-e43400-b)
b
Part.
1.
&
in
the
Appendix
.
elsewhere
proved
:
To
argue
therefore
,
We
must
submit
to
Kings
where
the
people
have
made
them
supreame
;
Ergo
,
All
Kings
every
where
are
and
ought
to
be
supreame
Jure
divino
;
(
as
our
Antagonists
hence
inferre
)
is
a
grosse
absurdity
.
Thirdly
,
supreame
Governour
,
as
the
next
words
;
or
Governours
,
&c.
expond
it
;
and
the
very
Oath
of
Supremacie
,
1.
Eliz.
Cap.
1.
which
gives
our
Kings
this
Title
,
Supreame
Governour
within
these
his
Realms
.
Now
Kings
may
be
properly
called
Supreame
Magistrates
or
Governours
in
their
Realms
,
in
respect
of
the
actuall
administration
of
government
and
justice
,
(
all
Magistrates
deriving
their
Commissions
immediately
from
them
,
and
doing
justice
,
for
,
and
under
them
:
)
and
yet
not
be
the
Soveraign
Power
,
as
the
Romane
Emperours
,
the
Kings
of
Sparta
,
Arragon
,
and
others
;
the
German
Emperours
,
the
Dukes
of
Venice
in
that
State
,
[
c
](A91298-e43550-b)
c
Bodin
.
Common-weal
l.
2.
c.
5.
l.
1.
c.
10.
and
the
Prince
of
Orange
in
the
Nether-lands
,
were
and
are
the
Supreame
Magistrates
,
Governours
;
but
not
the
Supreame
Severaigne
Powers
;
their
whole
States
,
Senates
,
Parliaments
,
being
the
Supreamest
Powers
,
and
above
them
;
which
being
Courts
of
State
,
of
Justice
,
and
a
compound
body
of
many
members
,
not
alwayes
constantly
sitting
,
may
properly
be
stiled
,
The
Supreame
Courts
and
Powers
;
but
not
the
Supreame
Magistrate
or
Governour
:
As
the
Pope
holds
himself
,
the
Supreame
Head
and
Governour
of
the
Militant
Church
;
and
the
Arch-Bishop
of
Canterbury
stiles
himself
,
the
Primate
and
Metropolitane
of
all
England
;
and
so
other
Prelates
in
their
Provinces
;
yet
they
are
not
the
Soveraigne
Ecclesiasticall
Power
,
for
the
King
,
at
least
Generall
Councells
or
Nationall
Synods
(
which
are
not
properly
tearmed
Governours
,
but
Power
,
)
are
Paramount
them
,
and
may
lawfully
censure
or
depose
them
,
as
I
have
[
d
](A91298-e43760-b)
d
Parl.
1
p.
88.
elsewhere
manifested
.
To
argue
therefore
,
that
Kings
are
the
highest
Soveraign
Power
,
because
they
are
the
highest
particular
Governours
and
Magistrates
in
their
Realms
,
as
our
Antagonists
do
;
is
a
meer
Fallacie
,
and
Inconsequent
,
since
I
have
proved
[
e
](A91298-e43780-b)
e
Par.
1.
&
the
Appendix
.
our
own
,
and
most
other
Kings
,
not
to
be
the
highest
Powers
,
though
they
be
the
Supreamest
Governours
.
Fourthly
,
odious
to
the
Romanes
,
and
for
ever
banished
their
State
with
an
[
f
](A91298-e43860-b)
f
Livy
Hist.
l.
1.
See
the
Appendix
.
p.
3.
4.
Oath
of
execration
,
by
an
ancient
Law
,
in
memory
whereof
they
instituted
a
speciall
annuall
Feast
on
the
23.
of
February
,
called
,
[
g
](A91298-e43900-b)
g
Macrob.
Saturnal
.
l.
1.
c.
13.
Seldens
Titles
of
honour
.
part
.
1.
c.
2.
sect.
2.
p.
13.
Regifugium
;
the
hatred
of
which
Title
continued
such
,
that
Tully
[
h
](A91298-e43940-b)
h
Aug.
de
Civ
.
Dei
.
l.
2.
and
Augustine
write
;
Regem
Romae
posthac
,
nec
Dii
nec
Homines
esse
patiantur
:
And
[
i
](A91298-e43970-b)
i
Selden
,
ibid.
Plutarchi
,
Iuli●●
Caesar
,
●atropias
.
Grimston
in
his
life
.
Caesar
himself
being
saluted
King
by
the
multitude
,
perceiving
it
was
very
distastfull
to
the
States
,
answered
,
CAESAREM
SE
,
NON
REGEM
ESSE
:
which
Title
of
Caesar
,
(
not
King
)
the
Scripture
ever
useth
to
expresse
the
Emperour
by
:
witnesse
Matth.
22.
17
,
21.
Mark
12.
14
,
16
,
17.
Luke
2.
1.
chap.
20.
22
,
24
,
25.
chap.
23.
2.
John
19.
12
,
15.
Acts
11.
28.
chap.
17.
7.
chap.
25.
8
,
10
,
11
,
12
,
21.
chap.
26.
32.
chap.
27.
24.
chap.
28.
19.
Phil.
4.
22.
Which
Texts
do
clearly
manifest
,
that
no
Title
was
ever
used
by
the
Apostles
,
Evangelists
,
Jewes
,
to
expresse
the
Emperour
by
,
but
that
of
Caesar
,
not
this
of
King
.
Therefore
Peters
Text
,
speaking
onely
of
the
King
,
not
Caesar
,
cannot
be
intended
of
the
Romane
Emperour
,
as
ignorant
Doctors
blindly
fancie
.
Fifthly
,
[
k
](A91298-e44130-b)
k
Gal.
2.
7.
8.
Apostle
of
the
Jews
)
was
written
onely
to
the
dispersed
Jews
thorowout
Pontus
,
Galatia
,
Cappadocia
,
Asia
,
and
Bythinia
,
1
Pet.
1.
1.
over
whom
Herod
at
that
time
reigned
as
King
,
by
the
Romane
Senates
and
Emperours
appointment
,
who
had
then
conquered
the
Jews
,
and
made
them
a
tributarie
Province
,
as
is
evident
by
Matth.
27.
17
,
21.
Mark
12.
14
,
16
,
17.
Luke
20.
22
,
24
,
25.
chap.
23.
2.
Acts
17.
7.
chap.
25.
8
,
10
,
11
,
12
,
21.
chap.
27.
24.
chap.
12.
1.
to
24.
compared
together
;
and
by
[
l
](A91298-e44180-b)
l
Ant.
Iud.
l.
17.
c.
12.
l.
18
c.
1.
l
20
c.
9.
&
De
Bel.
Iud.
l.
1.
Josephus
,
the
Century
writers
,
Baronius
,
Sigonius
,
and
others
.
The
King
then
here
mentioned
to
be
supreame
,
was
Herod
,
or
King
Agrippa
,
or
some
other
immediate
[
m
](A91298-e44230-b)
m
Mat.
3
1.
c.
27.
11.
Act
25.
13.
24.
26
c.
26.
2.
c.
12.
1.
King
of
the
Jews
,
who
was
their
supreame
Governour
,
not
absolutely
,
but
[
n
](A91298-e44250-b)
n
Ant.
Iud.
l.
13.
to
20.
John
19.
12.
under
the
Romane
Senate
and
Emperours
,
and
made
so
by
their
appointment
,
whence
called
in
the
Text
;
an
Ordinance
of
man
,
not
God
:
Now
this
King
of
the
Jews
(
as
is
evident
by
Pauls
Appeal
to
Caesar
from
Festus
and
King
Agrippa
,
as
to
the
Soveraign
Tribunall
;
Acts
25.
and
26.
by
Josephus
,
Philo
Judaeus
de
legatione
ad
Caium
,
and
the
consent
of
all
Historians
)
was
not
the
absolute
Soveraigne
Power
,
but
subordinate
to
the
Romane
Emperour
and
Senate
,
[
o
](A91298-e44340-b)
o
Ios.
de
Bel.
Iud.
l.
1
c.
10.
11.
12.
15.
who
both
created
,
and
bad
power
to
controll
,
remove
,
and
censure
him
for
his
misdemeanours
;
yet
Peter
calls
him
here
Supreame
,
because
the
Highest
Governour
under
them
,
as
we
stile
our
Kings
[
p
](A91298-e44400-b)
p
See
the
Appendix
.
Supreame
Governours
under
Christ
.
Therefore
having
a
Superiour
Governour
and
Power
over
him
,
to
which
he
was
accountable
and
subordinate
;
Supreame
in
the
Text
,
cannot
be
meant
,
of
a
King
absolutely
Supreame
,
having
no
Power
Superiour
to
him
,
but
God
;
but
onely
relatively
Supreame
,
in
respect
of
under-Governours
,
there
actually
residing
:
whose
Supremacie
being
forcibly
gained
onely
by
conquest
,
not
free
consent
;
(
and
the
ancient
native
[
*
](A91298-e44430-b)
*
Schickardus
jus
Regium
.
Heb.
p.
7.
Cunaeus
de
Rep.
Haeb.
p.
101
166.
Kings
of
the
Jews
,
being
inferiour
to
their
whole
Senates
and
Congregations
,
and
to
do
all
by
their
advice
,
as
Josephus
Antiq.
Jud.
lib.
4.
cap.
8.
2.
Sam.
18.
3
,
4.
Jer.
38.
45.
1.
Chron.
13.
1.
to
6.
attest
)
will
no
way
advantage
our
Opposites
,
nor
advance
the
Prerogative
of
Kings
;
since
it
extends
onely
to
the
King
of
the
Jews
that
then
was
,
who
was
not
simply
Supream
,
but
a
Subject
Prince
subordinate
to
the
Romane
State
and
Empire
,
and
one
appointed
by
a
Conquerour
,
not
freely
chosen
and
assented
to
by
the
people
.
So
as
all
the
Argument
which
can
hence
be
extracted
for
the
absolute
Soveraigntie
and
irresistibility
of
Kings
over
their
whole
Kingdomes
and
Parliaments
,
is
but
this
.
The
King
of
the
Jews
was
in
Peters
time
the
Supreame
Magistrate
over
that
Nation
,
by
the
Romane
Senates
and
Emperours
appointment
,
to
whom
yet
he
was
subordinate
and
accountable
;
the
Romanes
having
conquered
the
Jewes
by
force
,
and
imposing
this
government
upon
them
,
without
their
consents
.
Therefore
the
Kings
of
England
,
and
all
other
Kings
are
absolute
Soveraigne
Monarches
,
Superiour
to
their
whole
Parliaments
and
Kingdomes
,
collectively
considered
;
and
may
not
in
point
of
conscience
be
forcibly
resisted
by
them
,
though
they
endeavour
to
subvert
Religion
,
Laws
,
Liberties
:
How
little
coherence
there
is
in
this
Argument
,
the
silliest
childe
may
at
first
discern
.
From
these
Scriptures
,
[
x
](A91298-e44560-b)
x
Bodin
l.
2.
c.
5
Bilson
.
part
.
3.
〈◊〉
An
appeal
to
thy
conscience
,
and
many
others
.
Kings
are
the
Fathers
,
Heads
,
Lords
,
Shepherds
of
the
Common-wealth
;
Ergo
,
They
ought
not
to
be
resisted
in
any
their
exorbitant
proceedings
;
it
being
unlawfull
,
unseemly
,
for
a
Son
to
resist
his
Father
;
the
Members
the
Head
;
the
Vassals
their
Lord
;
the
Flock
their
Shepherd
.
To
this
I
answer
:
[
y
](A91298-e44620-b)
y
2.
Sam.
24.
17.
Isa
49.
23.
Ps
78
72
73.
74.
Isa.
40.
11.
c.
32.
2.
to
18.
Joh.
10.
9.
to
19.
loving
and
carefull
affection
towards
their
Subjects
;
not
in
regard
of
their
Soveraigne
Power
over
them
:
Therefore
when
their
Tyrannie
makes
them
not
such
,
in
regard
of
care
and
affection
to
their
people
;
their
people
cease
to
be
such
,
in
regard
of
filiall
,
naturall
,
and
sheep-like
submission
:
When
these
Shepberds
turn
[
z
](A91298-e44650-b)
z
Ezek.
22.
27
Zep
33
Mat.
7.
25.
Act.
20
29.
Wolves
;
these
Fathers
,
Step-fathers
;
the
Subjects
,
as
to
this
,
cease
to
be
their
Sheep
,
their
Children
,
in
point
of
Obedience
and
Submission
.
Secondly
,
Kingdoms
children
then
Parents
,
because
[
*
](A91298-e44760-b)
*
1
Pet.
2
13.
created
by
them
,
their
publike
servants
,
ministers
,
for
whose
benefit
they
are
imployed
,
and
receive
[
a
](A91298-e44800-b)
a
Rom.
13.
6.
wages
;
not
their
Soveraigne
Lords
;
their
subordinate
Heads
,
to
be
directed
and
advised
by
them
,
not
Tyrannically
to
over-rule
them
at
their
pleasure
:
Therefore
Paramount
,
and
able
in
such
cases
to
resist
them
.
Thirdly
,
[
b
](A91298-e44840-b)
b
2
John
10.
11
false
Doctrines
and
open
assaults
of
their
Ministers
,
though
they
be
their
Spirituall
Shepherds
:
Citizens
the
violent
oppressions
of
their
Maiors
,
though
they
be
their
Politique
Heads
:
Servants
the
unjust
assaults
of
their
Masters
,
though
their
lawfull
Lords
;
(
who
may
[
c
](A91298-e44900-b)
c
Littleton
.
sect.
19
4.
&
Coke
Ib.
p.
126.
not
misuse
their
very
Villaines
,
by
Law
:
)
And
if
Parents
will
violently
assault
their
naturall
children
,
Husbands
their
Wives
,
Masters
their
Servants
,
to
murther
them
without
cause
,
they
may
[
d
](A91298-e44930-b)
d
See
Alb
Gen.
de
Iur.
Bel.
l
1.
c.
15.
16.
by
Law
resist
,
repulse
them
with
open
force
.
Fourthly
,
Fifthly
,
This
is
but
the
common
exploded
Argument
of
the
Popish
Clergy
,
To
prove
themselves
superiour
to
Kings
,
and
exempt
from
all
secular
Jurisdiction
,
because
they
are
spirituall
Fathers
,
Pastors
,
Heads
to
Kings
;
who
ought
to
obey
,
not
judge
,
and
censure
them
,
as
[
e
](A91298-e45000-b)
e
Antiq
Eccles.
Brit.
p
245.
Archbish.
Stratford
,
and
others
argue
.
But
this
plea
is
no
ways
available
to
exempt
Clergy
men
from
secular
Jurisdiction
;
from
actuall
resistance
of
parties
assaulted
,
nor
yet
from
imprisonment
,
censures
,
and
capitall
executions
by
Kings
and
Civill
Magistrates
,
in
case
of
capitall
Crimes
;
Therefore
by
like
reason
it
can
not
exempt
Kings
from
the
resistance
,
censures
of
their
Parliaments
,
Kingdoms
,
in
case
of
tyrannicall
invasions
.
We
deride
this
Argument
in
Papists
as
absurd
,
as
in
sufficient
to
prove
the
exemption
of
Clergy
men
:
I
wonder
therefore
why
it
is
now
urged
to
as
little
purpose
,
against
resistance
of
Tyrants
,
and
oppressing
Kings
and
Magistrates
.
The
second
reason
is
this
,
[
f
](A91298-e45050-b)
f
Appeal
to
thy
conscience
,
and
others
.
The
Invasions
and
oppressions
of
evill
Kings
and
Tyrants
,
are
afflictions
and
punishments
inflicted
on
us
by
God
:
Therefore
we
ought
patiently
to
submit
unto
them
,
and
not
forcibly
to
resist
them
.
I
answer
;
[
g
](A91298-e45080-b)
g
See
1
Kin.
11.
14.
to
41.
2
Chro.
33.
11.
ca.
35.
1.
to
21.
Isai
.
10
6.
just
Judgements
,
and
punishments
sent
upon
men
by
God
;
as
were
the
invasions
of
the
[
h
](A91298-e45100-b)
h
See
Gildas
de
Excidio
.
Brit.
Matthew
West
.
Malmsbuzy
,
Huntingdon
,
and
all
our
Chroniclers
.
Danes
,
Saxons
and
Normans
in
England
,
heretofore
;
of
the
Spaniards
since
.
Ergo
,
we
ought
not
to
resist
or
fight
against
them
.
The
present
rebellion
of
the
Papists
in
Ireland
is
a
just
punishment
of
God
upon
this
Kingdom
and
the
Protestant
party
there
;
Ergo
,
Neither
we
,
nor
they
ought
in
conscience
to
resist
or
take
Arms
against
them
.
Every
sicknesse
that
threatens
or
invades
our
bodies
,
is
commonly
an
affliction
and
punishment
sent
by
God
:
Ergo
,
We
must
not
endeavour
to
prevent
or
remove
it
by
Physick
,
but
patiently
lye
under
it
without
seeking
remedy
.
Injuries
done
us
in
our
persons
,
estates
,
names
,
by
wicked
men
,
who
assault
,
wound
,
rob
,
defame
us
,
are
from
[
h
](A91298-e45210-b)
h
2
Sam
16.
10
,
11
,
12.
God
,
and
punishments
for
our
sins
:
Ergo
,
We
may
not
resist
them
:
Yea
,
Subjects
Rebellions
,
Treasons
,
and
Insurrections
,
against
their
Princes
many
times
,
are
punishments
inflicted
on
them
by
God
,
displeased
with
them
,
as
the
Statute
of
1
Ed.
6.
c.
12.
resolves
,
and
the
[
i
](A91298-e45270-b)
i
1
King
cap.
11.
&
12.
Scripture
too
:
Ergo
,
Kings
ought
not
to
resist
or
suppresse
them
by
force
of
Arms
;
If
all
these
Consequences
be
absurd
,
and
idle
,
as
every
man
will
grant
,
the
objection
must
be
so
likewise
.
I
read
,
That
in
the
[
*
](A91298-e45310-b)
*
Joan.
Ca●not
.
lib.
4.
Polycrat
.
c.
1.
&
Boch●llus
Decreta
,
Eccles.
Gal.
l.
5.
T
it
1.
cap
5.
p.
697.
persecution
of
the
Hunnes
,
their
King
Attila
being
demanded
of
by
a
religious
Bishop
,
of
a
certain
Citie
?
who
he
was
?
when
he
had
answered
;
I
am
Attila
,
the
scourge
of
God
:
The
Bishop
reverencing
the
divine
Majesty
in
him
;
answered
,
Thou
art
welcome
ô
Minister
of
God
;
and
ingeminating
this
saying
;
Blessed
be
he
that
cometh
in
the
Name
of
the
Lord
,
Opened
the
Church
door
,
and
let
in
the
persecutor
,
by
whom
he
obtained
the
Crown
of
Martyrdom
,
not
daring
to
exclude
the
scourge
of
the
Lord
;
knowing
,
that
the
beloved
sonne
is
scourged
,
and
that
the
power
of
the
scourge
it self
is
not
from
any
,
but
God
.
Will
it
hence
follow
?
That
all
Christians
are
bound
in
conscience
to
do
the
like
,
and
not
to
resist
the
barbarous
Turks
,
if
they
should
invade
them
;
no
more
then
this
Bishop
did
the
bloudy
Pagan
Hunnes
,
because
they
are
Gods
wrath
?
I
trow
not
.
One
Swallow
makes
no
Summer
;
nor
this
example
,
a
generall
president
to
binde
all
men
.
The
third
reason
is
this
,
begets
civill
warres
,
great
disorders
,
and
[
k
](A91298-e45420-b)
k
Dr.
Ferne
,
Sect.
3
,
4.
and
others
.
many
mischiefs
in
the
State
:
Ergo
,
It
is
unlawfull
,
and
inconvenient
.
I
answer
,
Vasquius
controvers.
Illustr
.
81.
.11
.
determines
.
Secondly
,
The
knowledge
of
a
lawfull
power
in
Subjects
to
resist
Tyrants
,
will
be
a
good
means
to
keep
Princes
from
Tyrannicall
courses
,
for
fear
of
strenuous
resistance
;
which
if
once
taken
away
,
there
is
no
humane
bridle
left
to
stay
the
Inundation
of
Tyranny
in
Princes
or
great
Officers
;
and
all
Weapons
,
Bulwarks
,
Walls
,
Lawes
,
Armes
will
be
meerly
uselesse
to
the
Subjects
,
if
resistance
be
denyed
them
,
when
there
is
such
cause
.
Thirdly
,
Resistance
only
in
cases
of
publike
necessity
,
though
accompanied
with
civill
warre
;
serves
alwayes
to
prevent
farre
greater
mischiefs
then
warre
it self
can
produce
,
it
being
the
only
Antidote
to
prevent
publike
ruine
,
the
readiest
means
to
preserve
endangered
,
to
regaine
,
or
settle
lost
Liberties
,
Laws
,
Religion
,
as
all
ages
witnesse
;
and
to
[
*
](A91298-e45520-b)
*
Seditiones
non
facit
,
sed
tollit
quieversorem
Patriae
,
publicaeque
disciplinae
co●●cerit
,
Vindiciae
.
contr.
Tyran
.
p.
145.
prevent
all
future
Seditions
and
Oppressions
.
Fourthly
,
Desperate
diseases
,
have
alwayes
desperate
remedies
,
Malo
nodo
,
malus
cuneus
:
When
nothing
but
a
defensive
warre
will
preserve
us
from
ruine
and
vassalage
;
it
is
better
to
imbrace
it
,
then
hazard
the
losse
of
all
,
without
redemption
.
Ex
duobus
malis
minimum
.
All
Kingdoms
,
States
in
cases
of
necessity
,
have
ever
had
recourse
to
this
as
the
lesser
evill
;
and
why
not
ours
as
well
as
others
.
The
last
(
and
strongest
Objection
as
some
deem
it
)
is
the
sayings
if
some
Fathers
backed
with
the
examples
of
the
primitive
Christians
,
The
first
and
grandest
Objection
against
Subjects
forcible
resistance
,
and
defensive
warre
,
is
that
speech
of
Saint
Ambrose
,
Lib.
5.
Orat.
in
Auxentium
.
Coactus
repugnare
non
audeo
:
dolere
potero
,
potero
flere
,
potero
gemere
:
adversus
arma
,
milites
,
Gothos
,
Lachrymae
meae
arma
sunt
:
talia
sunt
munimenta
sacerdotum
:
A
LITER
NEC
DEBEO
,
NEC
POSSVM
RESISTERE
.
This
chiefe
Authoritie
,
For
first
,
Ambrose
in
this
place
speaks
not
at
all
of
Subjects
resisting
their
Princes
,
or
Christians
forcible
resisting
of
the
persecuting
Romane
Emperours
;
but
of
resisting
Valentine
,
and
the
Arms
and
Souldiers
of
the
Gothes
,
who
at
that
time
[
l
](A91298-e45710-b)
l
See
Orosius
,
Europius
,
Paulus
Diaconus
,
Grimston
,
and
others
.
over
ran
Italy
,
and
sacked
Rome
,
being
mortall
Enemies
to
the
Romans
,
the
Roman
Emperours
,
Saint
Ambrose
,
and
Millain
where
he
was
Bishop
.
This
is
evident
by
the
expresse
objected
words
:
I
can
grieve
,
I
can
weep
,
I
can
mourn
,
(
to
wit
for
the
wasting
of
my
native
Country
Italy
,
by
the
Invading
Enemies
the
Gothes
:
)
against
Armes
,
Souldiers
,
GOTHES
(
marke
it
)
my
tears
are
Weapons
,
&c.
If
any
sequell
can
be
hence
properly
deduced
,
it
must
be
that
for
which
the
[
m
](A91298-e45820-b)
m
See
Lucas
Osiander
Enchir
Contr.
cap.
9.
de
Magistratu
.
polit.
Anabaptists
use
it
(
from
whence
our
Opposites
,
who
tax
the
Parliaments
Forces
for
Anabaptists
,
when
themselves
are
here
more
truly
such
,
and
fight
with
this
their
weapon
.
)
That
it
is
unlawfull
for
Christians
to
fight
,
or
make
so
much
as
a
defensive
warre
against
invading
Forraign
barbarous
Enemies
,
of
whom
this
Father
speaks
:
And
then
if
the
Irish
Rebels
,
Danes
,
Spaniards
,
French
,
should
now
invade
England
,
both
against
the
Kings
and
Kingdoms
Wills
,
we
must
make
no
forcible
resistance
at
all
against
them
with
Arms
in
point
of
conscience
,
but
onely
use
prayers
and
teares
.
This
is
the
uttermost
conclusion
which
can
properly
be
hence
deduced
;
which
our
Antagonists
will
confesse
to
be
at
least
erronious
,
Anabaptisticall
,
if
not
Hereticall
.
Secondly
,
Ambassadour
of
Peace
;
had
his
hands
bound
from
fighting
with
any
other
weapons
,
even
against
invading
forraign
Enemies
,
but
only
with
the
sword
of
the
spirit
,
prayers
and
tears
:
and
that
his
calling
only
,
was
the
ground
of
this
his
speech
;
is
infallible
by
the
latter
clause
thereof
,
which
our
Opposites
cunningly
conceale
.
Prayers
are
my
Armes
:
For
such
are
the
Defensive
Armour
OF
PRIESTS
;
Otherwise
I
NEITHER
OVGHT
NOR
CAN
RESIST
:
Why
so
?
Because
he
was
a
Minister
,
a
Bishop
;
and
Paul
prohibites
such
to
be
STRIKERS
,
Tit.
1.
7.
1
Tim.
3.
3.
and
because
Priests
under
the
Law
did
but
blow
the
Trumpets
,
and
never
went
out
armed
to
the
warres
,
Josh.
6.
Upon
which
ground
[
n
](A91298-e46030-b)
n
Gratian
Distinct
.
5.
&
Causa
23.
qu.
8.
Aquinas
.
2.
2.
qu
40.
Artic.
2.
Silu.
de
Bello
,
p
3.
Grotius
de
Iur.
Belli
.
l.
1.
c.
5.
sect.
4.
p.
98.
Nicetas
Chro.
l.
6.
Divers
Councells
,
Decretalls
,
Canonists
,
expresly
prohibit
,
and
exempt
Priests
and
Bishops
,
from
bearing
Arms
,
or
going
to
Warre
,
though
many
of
them
have
turned
[
o
](A91298-e46070-b)
o
See
Walsengham
.
hist.
Angliae
.
p.
312.
to
330.
great
Souldiers
,
and
been
slain
in
warres
.
Hence
Anno
1267
,
in
a
Parliament
held
at
Bury
,
K.
H.
3d.
and
Ottobon
the
Popes
Legat
,
demanded
of
all
the
Bishops
and
Clergy
men
,
holding
Barronies
or
Lay-fees
,
that
they
should
go
personally
armed
against
the
Kings
enemies
,
or
finde
so
great
service
in
the
Kings
expedition
,
as
appertained
to
so
much
Lands
and
Tenants
.
To
which
they
answered
,
That
THEY
OUGHT
NOT
TO
FIGHT
WITH
THE
MATERIALL
SWORD
;
(
no
not
against
the
Kings
Enemies
)
But
with
the
spirituall
;
to
wit
,
with
humble
and
devoute
tears
and
prayers
,
(
using
these
words
of
Ambrose
:
)
And
that
for
their
benefices
they
were
bound
to
maintain
Peace
,
NOT
WARRE
.
Hence
our
King
[
q
](A91298-e46230-b)
q
Roger
de
Hoved.
Annal.
pa●s
post
.
p.
768.
to
778.
Neubrigiasis
,
hist.
l.
5.
c
21.
Richard
the
first
,
taking
the
Bishop
of
Beauvoyes
in
France
,
his
great
Enemy
,
armed
from
top
to
toe
,
prisoner
in
the
field
;
commanded
him
to
be
strictly
kept
in
prison
in
his
arms
,
and
would
by
no
means
suffer
him
to
put
them
off
:
for
which
hard
usuage
he
complained
to
the
Pope
,
and
procured
his
letter
to
King
Richard
to
free
him
from
his
arms
and
restraint
;
in
which
Letter
,
the
Pope
sharply
reproves
the
Bishop
for
preferring
the
secular
warfare
before
the
spirituall
,
in
that
he
had
taken
a
Speare
insteed
of
a
Crosier
;
an
Helmet
in
liew
of
a
Miter
;
an
Habergion
insteed
of
a
white
Rochet
;
a
Target
in
place
of
a
Stole
;
an
Iron-sword
,
insteed
of
a
spirituall
sword
.
After
which
,
the
King
sent
his
Arms
with
this
Message
to
the
Pope
:
See
whether
this
be
thy
sonnes
Coat
or
not
?
Which
the
Pope
beholding
,
answered
;
No
by
Saint
Peter
.
It
is
neither
the
apparell
of
my
sonnes
,
nor
yet
of
my
Brethren
,
but
rather
the
vesture
of
the
sonnes
of
Mars
.
And
upon
this
ground
[
r
](A91298-e46310-b)
r
Antiqu:
Eccles.
Brit.
p.
299.
300.
10.
E.
4.
6.
Stamford
,
f.
153.
Our
Bishops
anciently
,
when
Members
of
Parliament
,
departed
the
house
when
Cases
of
Treason
or
Felony
came
in
question
,
because
they
might
not
by
the
Canons
,
have
their
hands
in
bloud
.
This
then
being
Ambrose
his
direct
words
and
meaning
,
That
he
neither
ought
,
nor
could
use
any
other
Weapons
against
the
invading
Gothes
,
and
their
forces
,
but
prayers
and
tears
;
[
*
](A91298-e46360-b)
*
See
Io:
Maior
in
4.
Scot.
Dist.
15.
because
he
was
a
Minister
,
not
a
Bishop
,
a
Lay-man
;
The
genvine
Argument
that
our
opposites
can
thence
extract
,
is
but
this
.
Priests
must
use
no
other
Defensive
Arms
,
but
prayers
and
tears
,
against
invading
forraign
Enemies
.
Ergo
,
The
Priests
and
Ministers
in
his
Majesties
Armies
,
who
bear
Offensive
Arms
,
must
now
in
conscience
lay
them
down
,
and
use
no
other
resistance
,
but
prayers
and
tears
against
the
Parliaments
forces
:
where
as
their
former
inference
against
resistance
:
Ergo
,
It
is
altogether
unlawfull
for
the
Parliament
,
or
any
Lay-Subjects
by
their
command
,
to
defend
Religion
,
Laws
,
Liberties
,
against
his
Majesties
invading
forces
,
who
intend
by
force
to
subvert
them
;
is
but
ridiculous
nonsence
,
which
never
once
entred
into
this
Fathers
thoughts
,
and
can
never
be
extorted
from
his
words
.
Ministers
of
the
Gospel
must
not
use
any
Arms
,
but
prayers
and
tears
to
resist
a
forraigne
Enemy
:
Ergo
,
None
else
may
lawfully
use
them
to
withstand
an
invading
adversary
;
Is
a
conclusion
fitter
for
Anabaptists
then
Royallists
,
who
may
now
with
shame
enough
,
for
ever
bid
this
authority
adieu
;
with
which
they
have
hitherto
gulled
the
ignorant
World
:
And
henceforth
turn
it
against
the
Commission
of
Array
,
enjoyning
Bishops
,
and
Clergy
men
,
to
array
and
arme
themselves
as
well
as
other
men
,
as
the
Presidents
cited
in
Judge
Cooke
his
Argument
against
Ship-money
;
in
the
Parliaments
two
Declarations
against
the
Commission
of
Array
;
and
in
the
Answer
published
in
the
Kings
name
,
to
the
first
of
them
,
plentifully
evidence
.
Finally
,
The
second
Authority
is
that
of
[
s
](A91298-e46540-b)
s
An
appeal
to
thy
conscience
.
p.
28.
Grotius
de
Iure
Belli
,
l.
1.
c.
4.
sect
,
4.
p.
83.
Nazienzen
.
Oratio
.
2.
in
Julianum
.
Repressus
of
Julianus
Christianorum
lachrymis
,
quas
multas
multi
profuderunt
.
HOC
VNVM
or
Solum
(
as
Grotius
translates
it
)
adversus
persecutionem
medicamentum
habentes
:
To
which
I
shall
adde
by
way
of
supply
this
other
passage
.
Nos
autem
;
quibus
NVLLA
ALIA
ARMA
,
nec
muri
,
nec
praesidia
,
praeter
spem
in
Deum
,
reliqua
erant
:
Vtpote
OMNI
HVMANO
SVBSIDIO
PRORSVS
DESTITVTIS
ET
SPOLIATIS
,
quem
tandem
alium
aut
precum
auditorem
,
aut
inimicorum
depulsorem
habituri
eramus
,
quam
Deum
Jacob
,
qui
adversus
superbiam
jurat
.
From
whence
they
conclude
,
that
Christians
must
use
no
other
weapons
but
prayers
and
tears
,
against
Tyrants
and
oppressors
.
To
which
I
answer
.
Secondly
,
that
these
are
the
most
powerfull
prevailing
Armes
both
to
resist
and
conquer
them
.
men
under
paine
of
damnation
to
be
subject
and
obedient
to
for
conscience
sake
,
and
no
waies
to
resist
;
since
they
may
resist
them
with
the
powerfullest
armes
of
all
others
,
prayers
and
teares
.
Thirdly
,
Treason
,
Rebellion
,
Damnation
to
resist
them
with
the
other
?
what
difference
is
there
in
point
of
Allegiance
,
Loyalty
,
Treason
,
Conscience
,
to
resist
an
oppressing
tyrannizing
Prince
and
his
Forces
with
a
Praier
,
or
with
a
Sword
?
with
a
Teare
,
or
with
a
Speare
?
Are
they
not
all
one
in
substance
?
By
the
Statutes
of
26
H.
8.
c.
13.
1
E.
6.
c.
14.
5
E.
6.
c.
11.
1
Eliz.
c.
6.
13
Eliz.
c.
1.
words
against
the
King
delivered
even
in
Preaching
,
are
made
and
declared
to
be
high
Treason
,
as
wel
as
bearing
Armes
,
and
striking
blowes
;
yea
,
the
Statute
of
1
&
2
Ph.
&
Ma.
c.
9.
makes
certaine
prayers
against
this
persecuting
Queen
,
high
Treason
;
and
by
the
Statute
of
25
E.
3.
c.
2.
it
is
high
Treason
for
any
man
to
COMPASSE
OR
IMAGIN
the
death
of
the
King
,
Queen
,
Prince
,
[
t
](A91298-e46900-b)
t
The
Christians
then
stiled
Julian
,
Idolianus
,
Pisaeus
,
Adonaeus
,
Tauricremus
,
alter
Hieroboam
,
Achab
,
Pharao
,
&c.
Nazianzen
,
Orat.
47.
&
48.
in
Iulianum
.
as
wel
as
to
slay
or
leavy
warre
against
them
.
If
then
we
may
,
by
the
Objectors
confession
,
the
practises
and
examples
of
the
Primitive
Christians
,
against
Iulian
and
others
,
fight
with
our
Tongues
,
Prayers
,
Teares
,
Imaginations
against
our
Soveraignes
,
who
turne
Tyrants
and
Persecutors
;
and
thereby
suppresse
,
conquer
,
confound
them
,
of
which
none
make
scruple
,
though
our
Statutes
make
it
no
lesse
then
high
Treason
in
some
cases
;
then
questionlesse
they
may
by
the
selfe
same
reason
and
ground
,
resist
them
with
open
force
,
notwithstanding
any
inhibition
in
Scripture
.
We
may
not
,
must
not
resist
any
lawful
King
or
Magistrate
in
the
just
execution
of
his
office
,
so
much
as
with
a
repugnant
wil
,
thought
,
prayer
,
teare
:
we
may
,
yea
must
resist
an
oppressing
,
persecuting
Tyrant
with
all
these
;
therefore
with
any
other
Armes
,
meanes
[
v
](A91298-e46970-b)
v
Exodus
,
Samuel
,
Kings
,
Chronicles
,
Numbers
,
Iudges
and
the
Booke
of
Psalmes
every
where
almost
.
.
Hezekiah
,
David
,
Moses
,
Abijah
,
Asa
,
resisted
their
invading
enemies
,
and
conquered
them
with
their
prayers
;
but
yet
they
provided
to
repulse
and
vanquish
them
with
other
externall
Armes
.
The
Christians
resistance
and
vanquishing
their
Emperour
Iulian
with
the
one
,
is
an
infallible
argument
,
they
might
doe
it
with
the
other
too
,
there
being
no
such
distinction
in
the
objected
Scriptures
,
that
we
may
fight
against
and
resist
them
with
our
prayers
,
teares
,
not
armes
.
Fourthly
,
that
they
had
no
other
Armes
to
resist
and
conquer
him
with
,
being
utterly
destitute
and
spoyled
of
all
other
humane
helpe
.
Therefore
their
want
of
other
Armes
and
helpe
,
[
*
](A91298-e47060-b)
*
See
Zozimen
.
l.
5.
c.
2.
Non
Gentiles
solum
,
&c.
not
the
unlawfulnesse
of
using
them
,
had
they
had
them
,
was
the
onely
ground
they
used
prayers
and
teares
,
not
armes
.
To
argue
then
,
those
who
are
destitute
of
all
Armes
,
but
prayers
and
teares
,
must
use
them
onely
:
Ergo
those
who
have
other
Armes
besides
prayers
and
teares
,
may
not
lawfully
use
them
to
resist
a
Tyrant
,
is
but
Scholastical
Nonsence
;
yet
this
is
the
very
uttermost
this
authority
yeelds
our
opposites
.
In
one
word
,
this
Father
informes
us
,
that
this
Apostate
Emperour
[
x
](A91298-e47110-b)
x
Oratio
.
1.
in
Iuli
anum
p.
760.
Iulian
,
would
not
make
open
warre
at
first
upon
the
Christians
,
because
this
would
altogether
crosse
the
end
he
aimed
at
:
(
marke
the
reason
)
Nos
enim
,
si
vis
inferatur
,
acriores
obstinatioresque
futuros
,
ac
tyrannidi
obnixum
pietatis
TUENDAE
STUDIUM
OBJECTUROS
cogitavit
.
Solent
enim
fortes
&
generosi
animi
,
ei
QUI
VIM
AFFERRE
PARAT
CONTUMACITER
OBSISTERE
,
non
secus
ac
flamma
,
quae
a
vento
excitatur
,
quo
vehementius
perflatur
,
eo
vehementius
accenditur
.
Which
argues
,
that
the
Christians
would
have
forcibly
resisted
him
,
had
he
at
first
with
force
invaded
them
;
therefore
he
weakened
,
subdued
,
disarmed
them
first
by
policy
;
and
then
fell
to
persecute
them
with
force
,
when
they
had
no
meanes
of
resistance
left
.
The
third
authority
is
that
of
[
y
](A91298-e47190-b)
y
Appeale
to
thy
conscience
,
p.
28
,
29.
Bernard
,
Epist.
221.
to
King
Lewis
of
France
,
Quicquid
vobis
de
Regno
vestro
,
de
animâ
&
coronâ
vestrâ
facere
placeat
,
NOS
ECCLESIAE
FILII
,
matris
injurias
,
contemptum
,
&
conculcationem
omnino
dissimulare
non
possumus
.
Profecto
STABIMUSET
PUGNABIMVS
USQUE
AD
MORTEM
(
si
ita
oportuerit
)
pro
matre
nostrâ
ARMIS
QUIBUS
LICET
,
non
scutis
&
gladiis
,
SED
PRECIBUS
ET
FLETIBUS
AD
DEUM
.
Therefore
it
is
unlawfull
for
Christians
to
resist
with
force
of
Armes
.
I
answer
first
,
Canons
to
fight
with
military
Armes
against
any
person
or
enemy
whatsoever
;
and
he
utters
these
words
of
himselfe
,
as
he
was
a
Clergie-man
,
servant
,
and
sonne
of
the
Church
;
in
the
selfesame
sence
as
Saint
Ambrose
did
before
.
It
was
then
onely
his
Calling
,
not
the
cause
which
prohibited
him
forcibly
to
resist
King
Lewis
.
Secondly
I
answer
,
desired
peace
;
which
the
King
rejecting
,
Bernard
doth
thus
reprehend
him
in
the
premisses
.
Verum
vos
nec
verba
pacis
recipitis
;
nec
pacta
vestra
tenetis
,
nec
sanis
consiliis
acquicscitis
.
Sed
nescio
quo
Dei
judicio
,
omnia
vobis
ita
vertitis
in
perversum
,
ut
probra
honorem
,
honorem
probra
ducatis
;
tuta
timeatis
,
timexda
contemnatis
;
&
quod
olim
sancto
&
glorioso
Regi
David
,
Ioab
,
legitur
exprobrasse
;
diligitis
eos
qui
vos
oderunt
,
At
quicquid
vobis
,
&c.
After
which
he
gives
him
this
sharpe
reproofe
.
Non
tacebo
quod
cum
excommunicatis
iterare
faedus
&
societatem
nunc
satagis
,
quod
in
necem
hominum
,
combustionem
domorum
,
destructionem
Ecclesiarum
,
dispersionem
pauperum
,
raptoribus
,
predonibus
(
sicut
dicitur
,
adhaeretis
;
juxta
illud
Prophetae
[
z
](A91298-e47510-b)
z
Ps.
49.
si
videbas
furem
currebas
cum
eo
,
&c.
quasi
non
satis
per
vos
mala
facere
valeatis
.
Dico
vobis
,
non
erit
diu
inultum
,
si
haec
ita
facere
pergitis
,
&c.
Here
this
holy
man
prohibited
by
his
orders
to
fight
against
this
King
,
his
Soveraigne
with
his
Sword
;
fights
strongly
against
and
resists
his
violence
with
his
Penne.
And
although
he
may
not
use
a
Sword
and
Buckler
in
respect
of
his
calling
to
defend
his
mother
the
Church
against
him
:
yet
he
is
so
farre
from
yeelding
obedience
to
and
not
resisting
him
,
according
to
Pauls
and
Peters
pretended
injunctions
,
that
he
expresly
tels
him
to
his
face
,
That
HE
WOULD
STAND
AND
FIGHT
AGAINST
HIM
EVEN
UNTO
DEATH
(
if
there
were
need
)
with
such
weapons
as
he
(
being
a
Monk
and
Minister
)
might
use
,
to
wit
,
with
Prayers
and
teares
,
though
not
with
Sword
and
Buckler
;
which
were
more
prevalent
with
God
against
him
then
any
other
Armes
.
So
that
he
resists
him
in
the
very
highest
straine
that
may
be
;
and
clearely
admits
,
that
Lay-men
who
might
lawfully
use
Swords
and
Bucklers
,
might
with
them
justly
defend
the
Church
in
standing
and
fighting
for
it
against
him
even
to
death
,
as
well
as
he
might
doe
it
with
prayers
and
teares
,
his
proper
Armes
:
Which
answers
that
objection
out
of
his
170.
Epistle
,
written
to
the
same
King
;
and
his
183
Epistle
to
Conrade
King
of
Romans
;
where
he
subjects
these
Kings
to
the
Pope
,
whom
he
adviseth
them
to
obey
;
and
reprehends
them
for
their
misdemeanours
,
notwithstanding
that
text
of
Rom.
13
which
he
there
recites
.
The
fourth
authority
,
is
the
example
of
the
primitive
Christians
,
who
submitted
themselves
willingly
to
their
persecuting
Emperours
;
without
resistance
in
word
or
deed
.
For
proofe
whereof
,
severall
passages
are
recited
out
of
Fathers
,
which
I
shal
conjoyne
:
the
first
is
out
of
Tertullian
his
Apologeticus
.
Quoties
enim
in
Christianos
d●saevitis
,
partim
animis
propriis
,
partim
legibus
obsequentes
?
Quoties
etiam
praeteritis
à
vobis
SUO
JURE
NOS
INIMICUM
VULGUS
invadit
lapidibus
&
incendiis
?
Ipsis
Bacchanalium
furiis
,
nec
mortuis
parcunt
Christianis
,
quin
illos
de
requie
sepulturae
,
de
asylo
quodam
mortis
,
jam
alios
,
jam
nec
totos
avellant
,
dissecent
,
distrahant
?
quid
tamen
de
tam
conspiratis
unquam
denotatis
,
de
tam
animatis
ad
mortem
usque
pro
injuria
repensatis
?
quamvis
vel
una
nox
pauculis
faculis
largitatem
ultionis
posset
operari
,
si
malum
malo
dispurgi
,
penes
nos
liceret
.
Sed
absit
ut
aut
igni
humano
vindicetur
divina
secta
;
aut
doleat
pati
,
in
quo
probatu●
.
Si
e●im
in
hostes
exortos
non
tantum
vindices
occultos
agere
vellemus
,
de●sset
nobis
vis
numerorum
&
copiarum
?
Plures
nimirum
Mauri
&
Marcomanni
,
ipsique
Parthi
,
vel
quantaecunque
,
unius
tamen
loci
&
suorum
finium
gentes
,
quàm
totiùs
orbis
?
Externi
sumus
&
vestra
omnia
implevimus
,
urbes
,
insulas
,
castella
,
municipia
,
conciliabula
,
castra
ipsa
,
tribus
,
decurias
,
palatium
,
senatum
,
forum
,
sola
vobis
relinquimus
templa
.
Cui
Bello
non
idonei
,
non
prompti
fuissemus
,
etiam
impares
copiis
,
QUI
TAM
LIBENTER
TRUCIDAMUR
?
Si
non
apud
istam
disciplinam
MAGIS
OCCIDI
LICERET
,
QUAM
OCCIDERE
.
Potuimus
&
inermes
,
NEC
REBELLES
,
sed
tantummodo
discordes
solius
divortii
invidia
adversus
vos
dimicasse
.
Si
enim
tanta
vis
hominum
,
in
aliquem
orbis
remoti
sinum
abrupissemus
semus
â
vobis
,
suffudisset
utique
damnationem
vestram
tot
qualiumcunque
amissio
civium
,
imò
etiam
&
ipsa
institutione
punisset
:
proculdubio
expavissetis
ad
solitudinem
vestram
,
ad
silentium
rerum
,
&
stuporem
quendam
quasi
mortui
urbes
quaesissetis
quibus
imperaretis
.
Plures
hostes
,
quàm
cives
vobis
remanisissent
,
nunc
enim
pauciores
hostes
habetis
prae
multitudine
Christianorum
,
penè
omnium
civium
.
Which
S.
Cyprian
(
Tertullians
imitator
)
thus
seconds
,
Laedere
Dei
&
Christi
servos
persecutionibus
tuis
desine
,
[
c
](A91298-e47720-b)
c
Lib.
5.
tantò
&
justior
fiat
&
gravior
pro
persecutione
vindicta
.
Which
Lactantius
thus
trebles
.
Confidimus
enim
Majestati
ejus
qui
tam
contemptum
sui
possit
vlcisci
,
quam
servorum
suorum
labores
&
injurias
.
Et
ideo
cum
tam
nefanda
perpetimur
,
ne
verbo
quidem
reluctamur
,
sed
Deo
remittimuus
ulti●n●s
.
[
d
](A91298-e47750-b)
d
De
Civit.
Dei
,
lib.
22.
Saint
Angustine
relates
the
same
in
these
words
,
Neque
tunc
Civitas
Christi
quamvis
ad
huc
peregrinaretur
in
terra
,
&
haberet
tam
magnorum
agmina
populorum
,
adversus
impios
persecutores
,
pro
temporali
salute
pugnavit
,
sed
potius
ut
obtineret
aeternam
,
non
repugnavit
:
ligabantur
,
includebantur
,
caedebantur
,
torquebantur
,
urebantur
,
laeniabantur
,
cruciabantur
,
&
multiplicabantur
.
Non
erat
iis
pro
salute
pugnare
,
nisi
salutem
pro
salute
contemnere
.
The
summe
of
all
these
Fathers
sayings
(
which
I
have
largely
cited
,
because
I
would
conceale
nothing
that
might
be
materially
objected
)
is
this
:
That
the
Christians
in
the
primitive
Church
,
though
they
were
many
in
number
,
and
sufficiently
able
to
defend
themselves
against
their
persecuters
by
force
of
Armes
,
did
yet
refuse
to
doe
it
,
yeelding
themselves
up
to
any
tortures
,
punishments
,
deaths
,
without
the
least
resistance
in
word
or
deed
;
Ergo
,
the
Parliament
and
Kingdome
ought
now
to
make
no
resistance
at
all
against
the
Kings
popish
Army
and
Cavaliers
,
but
to
expose
themselves
to
their
cruelties
and
rapines
,
without
the
least
resistance
in
word
or
deed
.
Because
this
objection
stickes
most
with
many
Schollars
,
Cyprians
assertions
,
concerning
the
multitude
and
strength
of
the
Christians
,
and
their
ability
to
resist
,
which
some
have
taken
[
e
](A91298-e47840-b)
e
Mr.
Goodwin
his
Anti-cavalierisme
,
Scripture
and
Reason
for
defensive
Armes
.
great
paines
to
refute
.
First
,
damnable
,
in
point
of
conscience
for
them
to
resist
their
persecuting
enemies
,
no
such
syllable
in
any
of
them
.
And
Tertullians
,
Si
non
apud
istam
disciplinam
MAGIS
OCCIDI
LICET
QUAM
OCCIDERE
,
by
way
of
necessary
defence
,
implies
no
such
thing
,
but
rather
proves
the
contrary
,
that
resistance
is
lawfull
,
because
it
is
lawfull
to
be
slaine
as
a
martyr
;
therefore
in
this
case
to
slay
.
So
as
there
is
nothing
in
these
authorities
in
point
of
conscience
to
condemne
the
Parliaments
present
resistance
,
and
defensive
warre
,
as
unlawful
:
Secondly
,
of
strength
and
power
abundantly
sufficient
to
defend
themselves
in
a
warlike
manner
against
their
persecuters
,
and
had
full
liberty
and
no
restraint
upon
them
in
point
of
Conscience
either
to
withstand
their
persecutors
with
Armes
,
or
to
withdraw
themselves
from
under
the
jurisdiction
of
their
persecuters
into
remote
parts
,
to
the
great
weakning
and
losse
of
the
State
:
yet
such
was
their
patience
,
innocency
,
and
desire
of
Martyrdome
,
that
they
resisted
not
their
Adversaries
with
force
,
nor
retired
,
nor
fled
away
from
under
their
obedience
,
but
cheerfully
without
the
least
resistance
by
word
,
deed
,
or
thought
,
yeelded
up
their
Bodies
,
Liberties
,
Lives
,
to
the
cruelties
of
their
Enemies
,
to
obtaine
that
Crowne
of
Martyrdome
which
they
desired
,
and
to
offer
up
themselves
a
voluntary
freewill
oblation
to
the
Lord
,
who
would
certainly
avenge
all
their
wrongs
.
This
is
the
sum
of
all
these
Authorities
,
which
evidence
resistance
lawfull
in
it selfe
,
and
to
these
Christians
too
in
their
owne
judgements
and
resolutions
,
though
the
desire
of
Martyrdome
made
them
freely
to
forbeare
it
.
These
Examples
and
Authorities
therefore
abundantly
corroborate
,
and
no
wayes
impeach
our
cause
.
Thirdly
,
[
f
](A91298-e47970-b)
f
See
Socrat.
schelast
.
Theod.
Niceph.
Eccles.
Hist.
Fox
Acts
and
Monuments
.
Tertul.
Apolog.
&
ad
Martyres
Cyprian
ad
Martyrer
.
the
primitive
Christians
,
out
of
a
desire
of
martyrdome
,
not
only
refused
to
resist
,
but
to
flee
away
from
their
Persecuters
,
when
they
might
safely
doe
it
;
some
of
them
holding
it
unlawfull
and
dishonourable
to
flee
in
such
a
case
;
by
name
Tertullian
,
in
his
booke
De
fuga
in
persecutione
.
Will
our
Opposites
from
hence
inferre
:
Ergo
,
it
is
unlawfull
for
Christians
not
onely
to
resist
,
but
even
to
flee
from
their
Persecuters
,
or
his
Majesties
murdering
,
plundering
Forces
?
Or
for
them selves
to
flee
,
not
onely
from
the
Parliaments
Forces
,
but
Justice
too
,
as
many
of
them
have
done
,
yea
,
made
escapes
against
Law
to
flee
therefrom
.
If
the
Christians
not
fleeing
,
binde
neither
them
,
nor
us
,
not
to
flee
now
,
why
should
their
not
resisting
onely
doe
it
?
Secondly
,
[
g
](A91298-e48040-b)
g
See
Fox
Acts
and
Monuments
,
Vol.
1.
passim
.
The
Primitive
Christians
ran
to
the
stake
of
martyrdome
,
when
they
were
neither
accused
,
cited
,
persecuted
by
any
,
freely
confessing
themselves
Christians
,
and
rather
desiring
presently
to
die
Martyrs
,
then
live
Christians
,
and
reputing
is
worse
then
death
not
to
be
admitted
to
,
or
delaied
the
honour
of
being
Martyrs
,
of
which
we
have
infinite
Presidents
in
Ecclesiasticall
Histories
commonly
known
and
over-tedious
to
recite
.
I
shall
onely
instance
in
Julian
the
Apostates
[
h
](A91298-e48090-b)
h
Nazianz.
Orat.
47.
〈◊〉
〈◊〉
〈◊〉
Christian
Souldiers
:
who
being
over-reached
by
him
under
colour
of
a
largesse
,
to
throw
some
Frankincense
into
a
fire
secretly
kindled
by
the
Emperour
in
honour
of
an
Idol
,
they
dreaming
of
no
such
thing
,
and
doing
it
onely
as
〈◊〉
〈◊〉
plementall
Ceremonie
;
as
soon
as
they
heard
how
the
Emperour
had
over-reached
them
,
and
given
out
speeches
that
they
had
sacrificed
to
his
Idol
,
presently
rising
from
the
feast
prepared
for
them
,
in
a
fury
,
inflamed
with
zeale
and
wrath
,
ran
through
the
Market
place
,
and
cried
out
openly
,
Wee
are
Christians
,
Wee
are
Christians
in
minde
;
let
all
men
heare
it
,
and
above
all
,
God
,
to
whom
we
both
live
and
will
also
die
.
O
Christ
our
Saviour
,
we
have
not
broken
our
faith
plighted
to
thee
:
If
our
hand
hath
any
way
offended
,
verily
our
minde
followed
it
not
at
all
;
we
are
circumvented
by
the
Emperours
fraud
with
whose
gold
we
are
wounded
.
We
have
put
off
impiety
,
we
are
purged
by
blood
.
After
which
,
posting
speedily
to
the
Emperour
,
and
casting
away
their
gold
,
with
a
generous
and
strenuous
minde
they
exclaimed
against
him
in
this
manner
.
O
Emperour
,
we
have
not
received
gifts
,
but
are
damned
with
death
.
We
are
not
called
for
our
honour
,
but
branded
with
ignominie
.
Give
this
benefit
to
thy
Souldiers
,
kill
and
behead
us
unto
Christ
,
to
whose
Empire
onely
we
are
subject
.
Recompence
fire
for
fire
;
for
those
ashes
reduce
us
into
ashes
.
Cut
off
the
hands
which
we
have
wickedly
stretched
out
;
the
feet
wherewith
we
have
perniciously
run
together
.
Give
gold
to
others
,
who
will
not
afterwards
repent
they
have
received
it
;
Christ
is
enough
,
and
more
then
sufficient
unto
us
,
whom
we
account
in
stead
of
all
.
The
Emperour
enraged
with
this
speech
,
refused
to
slay
them
openly
,
lest
they
should
bee
made
Martyrs
,
who
as
much
as
in
them
lay
were
Martyrs
;
but
onely
banished
them
,
revenging
this
their
contempt
with
that
punishment
.
Will
it
then
follow
from
these
memorable
examples
,
That
all
true
Christians
now
in
England
and
Ireland
must
come
thus
and
offer
themselves
voluntarily
to
the
Popish
Rebels
and
Forces
(
now
in
Arms
to
extirpate
the
Protestant
Religion
in
both
Kingdoms
)
or
that
the
Members
of
both
Houses
must
go
speedily
to
Oxford
to
the
King
and
his
evill
Counsellors
,
and
there
let
them
kill
,
hang
,
burne
,
quarter
,
slay
,
execute
,
torture
them
,
subvert
Religion
,
Laws
,
Liberties
,
Parliaments
,
without
the
least
resistance
?
Or
will
our
Opposites
hence
conclude
(
as
they
may
with
better
Judgement
and
Conscience
doe
)
Ergo
,
all
such
persons
voted
Traitors
and
Delinquents
in
any
kinde
by
both
Houses
of
Parliament
,
ought
now
in
point
of
Conscience
(
to
avoid
the
effusion
of
blood
and
ruine
of
the
Realm
,
through
the
civill
warres
they
have
occasioned
)
to
lay
down
their
Arms
,
and
voluntarily
resigne
up
themselves
to
the
impartiall
Justice
of
the
Parliament
,
without
any
the
least
resistance
for
the
future
:
If
no
such
Doctrinall
,
or
Practicall
conclusions
may
be
drawne
from
these
their
Precedents
of
voluntary
seeking
and
rendring
themselves
up
to
the
Martyrdome
of
their
Opposites
;
then
the
unlawfulnesse
of
resisting
cannot
be
inferred
from
this
their
non-resisting
.
Thirdly
,
how
many
cowardly
Souldiers
in
all
ages
,
and
in
this
too
,
have
voluntarily
yeelded
up
Forts
,
Castles
,
Ships
,
Armes
,
Persons
,
to
their
invading
approaching
enemies
without
fight
or
resistance
?
How
many
persons
have
resigned
up
their
Purses
to
high-way
theeves
,
their
Lands
to
disseisors
,
their
Houses
,
Goods
to
riotors
,
their
Ships
,
Estates
,
Persons
,
to
Turkish
and
other
Pirats
,
without
any
resistance
,
when
they
might
have
lawfully
and
easily
preserved
them
by
resisting
?
Will
it
therefore
follow
,
that
all
others
must
do
so
?
that
we
must
not
sight
against
invading
Enemies
,
Theeves
,
Pirats
Riotors
,
because
many
good
Christians
out
of
fear
or
cowardise
,
or
for
other
reasons
have
not
done
it
in
all
ages
?
I
●ow
not
.
Will
the
Jews
refusi●g
three
[
s
](A91298-e48150-b)
s
Joseph
.
Amiq.
Ju.
lib.
12.
cap.
13.
lib.
13.
c.
12.
l.
14
c.
S.
Dion
.
Hist.
56.
Strabo
Greg.
lib.
16.
1
Mac.
2.
Dr.
Heylea
History
of
the
〈◊〉
,
p.
1.
〈◊〉
.
or
four
severall
times
to
defend
themselves
against
their
insulting
enemies
on
their
Sabbath
;
or
the
[
t
](A91298-e48190-b)
t
Francisci
à
Carthagena
Regum
.
Hisp
.
Aeeph
.
c.
44.
Gothes
not
resisting
their
invading
foes
on
the
Lords
Day
;
or
will
the
Alexandrian
Jewes
example
and
speech
to
Flaccus
,
[
u
](A91298-e48230-b)
u
Hugo
Grotius
de
jure
belli
lib.
1.
cap.
4.
Annos
ad
sect.
7.
p.
95.
&
sect.
7.
p.
88.
89.
Inermes
sumus
ut
vides
,
&
tamen
sunt
qui
nos
tanquam
hostes
publicos
hic
criminantur
.
Etiam
eas
quas
ad
nostri
tutelam
partes
dedit
natura
,
re●rò
vertimus
ubi
nihil
habent
quod
agant
,
corpora
praebemus
nuda
&
patentia
ad
impetum
eorum
qui
nos
volunt
occidere
.
Or
that
example
of
the
Christian
[
x
](A91298-e48250-b)
x
See
Grotius
ibid.
Theban
Legion
,
slain
without
the
least
resistance
for
their
Religion
:
who
as
an
ancient
Martyriologer
saith
,
Caed●bantur
passim
gladiis
non
reclamantes
,
sed
&
depositis
armis
cervices
persecutoribus
vel
intectum
corpus
offerentes
:
warrant
this
deduction
.
Ergo
,
no
Christians
now
must
resist
their
invading
enemies
on
the
Sabbath
day
,
but
must
offer
their
naked
bodies
,
heads
,
throats
,
unto
their
swords
and
violence
?
If
not
,
then
these
examples
and
authorities
will
no
wayes
prejudice
our
present
resistance
.
Fourthly
,
even
the
vulgar
people
,
who
assaulted
,
stoned
,
slew
them
in
the
streets
against
Law
,
as
Tertullians
words
,
Quoties
enim
praeteritis
à
vobis
SUO
JURE
NOS
INIMICUM
VULGUS
invadit
lapidibus
&
incendiis
,
&c.
manifest
without
all
contradiction
;
and
indeed
this
passage
so
much
insisted
on
,
relates
principally
,
if
not
onely
to
such
assaults
of
the
rude
notorious
vulgar
,
which
every
man
will
grant
the
Christians
might
lawfully
with
good
conscience
forcibly
resist
,
because
they
were
no
Magistrates
nor
lawfull
higher
powers
within
Rom.
13.
1.
2.
or
1
Pet.
2
,
13
,
14.
Either
then
our
Antagonist
must
grant
,
that
it
is
unlawfull
in
point
of
Conscience
forcibly
to
resist
the
unlawfull
assaults
and
violence
of
the
vulgar
or
private
persons
who
are
no
Magistrates
:
and
that
it
is
unlawfull
now
for
any
Christians
to
resist
Theeves
,
Pirats
,
or
beare
defensive
Armes
,
as
the
[
y
](A91298-e48370-b)
y
Lucas
Ostand
.
Enchir.
contr
cap.
9.
Anabaptists
(
from
whose
quiver
our
Antagonists
have
borrowed
this
and
all
other
shafts
against
the
present
defensive
warre
)
and
so
make
the
primitive
Christians
all
Anabaptists
in
this
particular
:
Or
else
inevitably
grant
resistance
lawfull
,
notwithanding
their
examples
and
these
passages
of
not
resisting
.
The
rather
,
because
Tertullian
in
the
next
preceding
words
,
puts
no
difference
at
all
between
the
Emperour
and
meanest
Subjects
in
this
case
;
Idem
sumus
(
saith
he
)
Imperatoribus
,
qui
&
vicinis
nostris
malè
enim
velle
,
malè
facere
,
malè
dicere
,
malè
cogitare
de
quoquam
ex
aequo
vetamur
.
Quodcunqne
non
licet
in
Imperatorem
id
n●c
in
quenquam
.
Fifthly
,
[
z
](A91298-e48450-b)
z
De
corona
Militis
.
Tertullian
and
others
informe
us
,
That
the
Christians
in
his
time
thought
it
a
hainous
sinne
(
Nefas
)
to
pray
kneeling
on
the
Lords
day
,
or
between
Easter
and
Whitsontide
(
and
so
by
consequence
to
kneele
at
the
Sacrament
)
praying
alwayes
standing
on
those
dayes
in
memory
of
Christs
resurrection
.
Which
custome
was
ratified
also
by
many
[
a
](A91298-e48490-b)
a
Surius
Concil.
tom.
1.
p.
347.
tom
.
2.
p.
1052.
tom
.
3.
p.
324.
277.
Councels
:
Yet
then
it
was
lawfull
no
doubt
in
it selfe
for
them
to
pray
kneeling
,
and
we
all
use
the
contrary
custome
now
.
The
Christians
then
held
it
unlawfull
,
to
eat
blood
in
puddings
,
or
any
other
meats
,
as
[
b
](A91298-e48510-b)
b
Apologet.
Tertullian
,
[
c
](A91298-e48520-b)
c
Octavius
.
Minucius
Felix
testifie
,
and
many
[
d
](A91298-e48540-b)
d
Concil.
Constant
.
6.
can
.
76.
Surius
tom
.
2.
p.
1050.
Councels
expressely
prohibited
it
since
,
as
unlawfull
:
Yet
all
Churches
at
this
day
deem
it
lawfull
,
and
practise
the
contrary
.
The
Christians
in
Tertullians
dayes
,
and
he
himselfe
in
a
speciall
Book
,
De
fuga
in
persecutione
,
held
it
unlawfull
to
flee
in
times
of
persecution
,
and
therefore
they
voluntarily
offered
themselves
to
martyrdome
without
flight
or
resistance
.
Yet
we
all
now
hold
flying
lawfull
,
and
all
sorts
practise
it
as
lawfull
;
yea
many
more
then
they
ought
to
doe
.
I
might
give
sundry
other
instances
of
like
nature
:
The
Christians
opinion
therefore
of
the
unlawfulnesse
of
any
armed
resistance
of
Persecuters
publike
or
private
(
held
they
any
such
)
though
seconded
with
their
practice
,
is
no
good
argument
of
its
unlawfulnesse
,
without
better
evidence
,
either
then
,
or
at
this
present
.
Thirdly
,
the
case
of
the
Primitive
Christians
and
ours
now
is
far
different
;
The
Emperours
,
Magistrates
,
and
whole
States
under
which
they
then
lived
were
all
Pagan
Idolaters
,
their
Religion
quite
contrary
to
the
Laws
and
false
Religions
setled
in
those
States
:
There
were
many
[
e
](A91298-e48620-b)
e
Tertul.
Apolog.
Eusebius
,
Socrates
,
scolasticus
,
Hist.
1.
Laws
and
Edicts
then
in
force
against
Christian
Religion
,
unrepealed
:
most
Professors
of
Religion
were
of
the
lowest
ranke
,
[
f
](A91298-e48640-b)
f
Cor.
1.
26.
John
7.
48.
not
many
wise
,
Noble
,
mighty
men
,
scarce
any
great
Officer
,
Magistrate
,
or
Senator
,
was
of
that
profession
,
but
all
fierce
enemies
against
it
:
For
Christians
,
being
but
private
men
,
and
no
apparant
body
of
a
State
,
to
make
any
publike
forcible
resistance
in
defence
of
Religion
against
Emperours
,
Senators
,
Magistrates
,
Lawes
,
and
the
whole
State
wherein
they
lived
,
had
neither
been
prevalent
nor
expedient
;
a
great
hinderance
and
prejudice
to
Religion
,
and
as
some
hold
,
unlawfull
.
But
our
present
case
is
far
otherwise
;
our
King
,
Parliament
,
State
,
Magistrates
,
People
,
are
all
Christians
in
externall
profession
,
our
Protestant
Religion
established
,
Popery
excluded
,
banished
by
sundry
publike
Lawes
;
the
Houses
of
Parliament
,
and
others
now
resisting
,
are
the
whole
body
of
the
Realme
in
representation
,
and
have
authority
,
even
by
Law
,
to
defend
themselves
and
Religion
against
invading
Popish
Forces
:
In
which
regards
our
present
resistance
is
,
and
may
cleerly
bee
affirmed
lawfull
,
though
the
primitive
Christians
,
in
respect
of
the
former
circumstances
,
might
not
be
so
.
Secondly
,
their
resistance
,
(
especially
of
the
Magistrates
not
vulgar
rabble
)
if
made
,
had
been
onely
,
singly
for
defence
of
their
Religion
then
practised
but
in
corners
,
publikely
condemned
,
no
where
tolerated
:
Our
present
war
is
not
onely
for
defence
of
our
Religion
established
by
Law
,
and
to
keep
out
Popery
,
but
for
the
preservation
of
Laws
,
Liberties
,
the
very
essence
of
Parliaments
,
the
safety
of
the
Realme
,
and
that
by
authority
of
Parliament
,
the
representative
body
of
the
Realme
.
The
Parliaments
defensive
warre
,
therefore
,
upon
these
politicke
grounds
is
just
and
lawfull
,
though
the
Primitive
Christians
,
perchance
in
defence
of
Religion
onely
,
as
its
case
then
stood
,
would
not
have
been
so
:
even
as
the
Roman
Senators
and
States
resisting
of
Nero
,
or
any
other
Tyrannicall
Emperors
violations
of
the
Laws
,
Liberties
,
Lives
,
Estates
of
the
Senate
,
people
,
were
then
reputed
just
and
lawfull
,
though
the
Christians
defence
of
Religion
would
not
have
been
so
esteemed
in
those
times
.
And
thus
I
hope
I
have
satisfactorily
answered
this
objection
without
shifts
or
evasions
,
and
rectified
these
mistaken
Fathers
meanings
,
with
which
our
Opposites
have
seduced
the
illiterate
over-credulous
vulgar
.
I
have
now
(
through
Gods
assistance
)
quite
run
through
all
Obiections
of
moment
from
Scripture
,
Reason
,
Fathers
,
against
the
lawfulnesse
of
the
Parliaments
present
defensive
war
,
and
discovered
divers
grosse
errors
,
yea
,
Impostures
in
our
Opposites
writings
,
wherewith
they
have
perverted
many
mens
Consciences
,
and
cheated
the
ignorant
seduced
world
:
I
shall
therefore
here
advise
them
in
the
presence
of
Almighty
God
,
as
they
will
answer
the
contrary
before
his
Tribunall
at
the
Day
of
Iudgement
,
seriously
to
consider
these
my
answers
,
and
publikely
to
retract
those
their
Errors
,
false
grosse
mis-interpretations
,
perversions
of
Scriptures
,
Authors
,
which
I
have
here
discovered
.
And
since
they
pretend
nothing
but
their
satisfying
and
keeping
of
a
good
[
g
](A91298-e48690-b)
g
Doctor
Ferni
Resolving
of
Conscience
,
An
Appeal
to
thy
Conscience
,
The
necessitie
of
Christian
subiection
,
&c.
all
plead
conscience
.
Conscience
in
&
by
others
,
concerned
in
this
Controversie
;
to
shew
a
syncere
ingenuous
Conscience
therein
themselves
where
they
have
been
mistaken
,
since
the
contestation
pretended
,
is
not
for
Victory
,
Time-serving
,
or
Self-seeking
;
but
for
Truth
,
Gods
glory
,
and
the
publike
weal
:
and
if
I
have
over-shot
my self
in
any
thing
,
I
shall
promise
them
a
thankfull
acknowledgement
,
and
ready
palinedy
upon
their
information
and
conviction
of
any
apparent
oversights
,
I
may
casually
fall
into
.
Now
because
they
shall
not
deem
me
singular
in
my
opinion
concerning
the
lawfulnesse
of
subjects
defensive
Arms
against
their
Soveraigns
,
bent
to
subvert
Religion
,
Laws
,
Liberties
,
the
Republike
,
or
deem
it
is
a
late
upstart
Novelty
,
I
shall
conclude
this
discourse
with
such
personall
,
naturall
and
publike
authorities
,
as
they
shall
not
be
able
to
balance
with
counter-resolutions
;
in
which
I
shall
be
as
brief
as
I
may
be
.
For
personall
Authorities
,
I
shall
not
be
ambitious
to
remember
many
,
especially
Papists
,
whose
common
,
constant
received
opinion
,
and
practise
hath
alwayes
been
and
yet
is
,
[
h
](A91298-e48800-b)
h
See
part
.
1.
1.
p.
4.
6.
That
Subjects
upon
the
Popes
command
alone
,
and
absolution
of
them
from
their
Soveraigns
allegiance
,
may
and
ought
to
take
up
even
offensive
Arms
against
their
owne
naturall
Princes
excommunicated
,
interdicted
,
deposed
,
or
onely
declared
contumacious
,
Schism●ticall
or
Hereticall
by
the
Pope
,
without
,
yea
,
against
their
Kingdoms
,
Parliaments
privities
or
consents
,
much
more
then
with
their
approbation
.
What
Papists
have
determined
and
practised
in
this
very
point
you
may
read
at
large
in
Gratiau
himself
Causa
.
15.
Quaest.
6.
and
Causa
.
23.
in
the
very
Oath
of
Supremacie
,
and
Statut.
of
3.
Iacobi
,
ch.
4.
which
prescribes
it
,
in
Bishop
Iewels
view
of
a
seditious
Bull
,
in
Doctor
Iohn
White
his
Defence
of
the
way
,
Chap.
6.
&
10.
in
Abbas
Vspergensis
,
Sabellicus
,
Valateranus
,
Grimston
and
others
,
in
the
Lives
of
the
Roman
and
German
Emperours
;
in
Aventinchis
Annalium
Boyorum
,
the
Generall
and
Particular
Histories
of
France
,
Spain
,
Germany
,
Italy
,
Sicily
,
Hungary
,
England
;
in
Bishp
Bilsons
third
part
of
the
True
Difference
between
Christian
Subjection
and
unchristian
Rebellion
.
In
sundry
Sermons
on
the
fift
of
November
,
to
which
I
shall
refer
you
:
his
letter
to
Robert
Earl
of
Flanders
,
about
the
year
of
our
Lord
,
1107.
exorting
him
to
war
against
those
of
Leige
,
Henry
the
Emperour
and
his
Assistants
,
wheresoever
he
should
finde
them
,
excommunicated
and
deposed
as
an
Heretike
and
enemy
to
the
Church
;
telling
him
,
that
he
could
not
offer
a
more
gratefull
sacrifice
to
God
,
then
to
ware
against
them
;
concluding
,
Hoc
tibi
&
Militibus
this
in
peccatorum
remissionem
,
&
Apostolicae
sedis
familiaritatem
praecipimus
,
ut
his
laboribus
,
&
triumphis
ad
Coelestem
Hierusalem
,
Domino
praestante
,
pervenias
:
Which
Letter
was
excellently
answered
by
those
of
Leige
.
And
in
the
[
*
](A91298-e49030-b)
*
Eochellus
Decret.
Eccles.
Gall.
l.
5.
Tit.
5.
e.
5.
p.
757
,
758.
Nich.
Gilles
Annals
of
France
.
Councel
of
Towres
in
France
,
under
Lewes
the
twelfth
,
Anno
1510.
it
was
unanimously
resolved
by
the
Church
of
France
,
That
if
the
Pope
did
make
war
upon
temporall
Princes
,
in
lands
which
they
held
not
of
the
patrimony
of
the
Church
,
they
might
lawfully
by
force
of
Arms
resist
and
defend
both
themselves
and
other
;
&
not
only
repulse
this
injury
,
but
likewise
invade
the
lands
of
the
Church
,
possessed
by
the
Pope
their
notorious
enemy
,
not
perpetually
to
retain
,
but
to
hinder
the
Pope
from
becomming
more
strong
and
potent
by
them
,
to
offend
both
them
and
theirs
.
And
that
it
was
lawfull
for
such
Princes
,
for
such
notorious
hatred
and
unjust
invasion
to
withdraw
themselves
from
the
Popes
obedience
,
and
with
armed
force
to
resist
all
censures
denounced
by
the
Pope
against
them
,
their
subjects
and
Confederates
,
and
that
such
sentences
ought
not
to
be
obeyed
,
but
are
mear
nullities
in
law
,
which
obliege
no
man
.
Yet
I
must
inform
you
further
in
brief
,
that
Iohn
Maior
a
Popish
Schoolman
in
Lib.
4.
Sentent
.
(
as
Grotius
writes
)
affirms
,
That
the
people
cannot
deprive
themselves
of
the
power
,
not
onely
of
resisting
,
but
deposing
Kings
in
cases
which
directly
tend
to
their
destruction
;
and
that
[
*
](A91298-e49180-b)
*
De
Potest
Papae
in
Principes
Christ
.
l.
4.
G.
16.
Iohn
Barclay
,
a
late
Scottish
Priest
,
though
a
strenuous
defendor
of
Princes
Prerogatives
,
expresly
averres
,
That
if
a
King
will
altenate
and
subiect
his
Kingdom
to
another
,
without
his
subiects
consents
,
or
be
carried
with
atrue
hostile
minde
,
to
the
destruction
of
all
his
people
,
that
his
Kingdom
is
thereby
actually
lost
and
forfeited
,
so
as
the
people
may
not
onely
absolutely
resist
,
and
disobey
,
but
depose
him
,
and
elect
another
King
:
to
which
[
k
](A91298-e49210-b)
k
De-lure
Belli
,
l.
1.
c.
4.
sect.
10
,
11.
p.
89
90.
Hugo
Gortius
a
Protestant
,
freely
subscribes
;
and
Iohn
Bodin
alloweth
of
Subjects
resistance
,
yea
,
deposing
kings
,
insome
Kingdoms
absolutely
,
and
in
some
cases
gener
allyin
all
;
De
Repub.
l.
1.
c.
10.
l.
1.
c.
5
&
l.
5.
c.
5.
&
6.
For
Protestant
personall
authorities
;
we
have
Huldericus
Zuinglius
,
Explanatio
Articuli
,
40
,
41
,
42
,
43.
Tom.
1.
fol.
82.
to
86.
who
allows
not
only
Subiects
actuall
resistance
,
but
deprivation
of
Kings
,
Where
Princes
set
themselves
to
subvert
Religion
,
Laws
,
Liberties
;
and
that
by
the
common
consent
of
the
States
in
Parliament
,
from
whom
Kings
originally
receive
their
Royall
power
and
authority
.
Martin
Luther
,
Bugenhagius
,
Iustus
Ionas
,
Ambsdorfius
,
Spaelotinus
,
Melancthon
,
Cruciger
,
and
other
Divines
,
Lawyers
,
Statesmen
,
Anno
1531.
who
published
a
writing
in
justification
of
defensive
Arms
by
subjects
in
certains
cases
;
Sleidan
,
Hist.
lib.
8.
18.
22.
David
Chrytraus
,
Chron.
Saxoniae
,
l.
13.
p.
376.
Richardus
Dinothus
de
Bello
Civili
Gallico
Religionis
caeusasuscepto
,
p.
231.
232.
225.
227
,
&c.
A
book
intituled
,
De
Iure
Belli
,
Belgici
,
Hagae
,
1599.
purposely
justifying
the
lawfulnesse
of
the
Low-countries
defensive
war
.
Emanuel
Meteranus
Historia
Belgica
,
Praefat.
&
lib.
1
to
17.
David
Paraeus
,
Com.
in
Rom.
13.
Dub.
8.
And.
Quaest.
Theolog.
61.
Edward
Grimston
his
Generall
History
of
the
Netherlands
,
l.
5.
to
17.
passim
.
Hugo
Grotius
de
Iure
Belli
&
Pacis
,
lib.
1.
cap.
4.
with
sundry
other
forraign
Protestant
[
*
](A91298-e49360-b)
*
Calvin
Instit.
l.
4.
c.
20.
sect
,
31.
&
in
Dan
6.
v.
22.
25.
O
siander
in
Epit.
Centur.
9.
&
17.
Sharpii
Sympho
.
p.
244.
246
,
412.
Vindica
contra
cyrannos
.
writers
,
both
in
Germany
,
France
,
Bohemia
,
the
Netherlands
and
elsewhere
;
Iohu
Knokes
his
Appellation
,
p.
28.
to
31.
George
Bucanon
De
Iure
Regni
apud
Scotos
,
with
many
[
*
](A91298-e49410-b)
*
See
the
ungerding
of
the
Scottish
Armor
,
●
,
4.
32.
34.
Scottish
Pamphlets
justifying
their
late
wars
:
Ioh.
Ponet
once
B.
of
Winchester
,
his
Book
intituled
,
Politick
Govern.
p.
16.
to
51.
Alber.
Gentilis
de
Iur.
Belli
,
l.
1.
c.
25.
l.
3.
c.
9.
22.
M.
Goodmans
Book
in
Q.
Ma.
dayes
,
intituled
,
How
superior
Magistrates
ought
to
be
obeyed
,
c.
9.
13.
14.
16.
D.
A.
Willet
his
Sixfold
Commentary
on
Romanes
13.
Quaestion
.
16.
&
Controversie
,
3.
p.
588
589
,
590
,
608
,
&c.
[
*
](A91298-e49480-b)
*
Andin
.
l.
Iud.
34
,
55.
Peter
Martyr
Com:
In
Rom.
13
p.
1026.
with
sundry
late
writers
,
common
in
every
mans
hands
,
iustifying
the
lawfulnesse
of
the
present
defensive
War
,
whose
Names
I
spare
.
And
lest
any
should
think
that
none
but
Puritanes
have
maintained
this
opinion
,
K.
Iames
himself
in
his
Answer
to
Card.
Perron
,
iustifieth
the
French
Protestant
taking
up
Defensive
Arms
in
France
.
And
[
l
](A91298-e49520-b)
l
The
true
Difference
,
&c.
part
.
3.
p.
520
,
521
,
522.
Bish.
Bilson
(
a
fierce
Antipuritane
)
not
onely
defends
the
Lawfulnesse
of
the
Protestants
defensive
Arms
against
their
Soveraign
in
Germany
,
Flaunders
,
Scotland
,
France
;
but
likewise
dogmatically
determines
in
these
words
;
Neither
will
I
rashly
pronounce
all
that
resist
to
be
Rebels
,
Cases
may
fall
out
even
in
Christian
Kingdoms
,
where
the
people
may
plead
their
right
against
the
Prince
,
AND
NOT
BE
CHARGED
WITH
REBELLION
,
As
wherefor
example
?
If
a
Prince
should
go
about
to
subject
his
People
to
a
forreign
Realm
,
or
change
the
form
of
the
Common-wealth
from
Impery
to
Tyrannie
,
or
neglect
the
Laws
established
by
Common
consent
of
Prince
and
people
,
to
execute
his
own
pleasure
.
In
these
and
other
caeses
which
might
be
named
,
IF
THE
NOBILITY
AND
COMMONS
IOYN
TOGETHER
TO
DEFEND
THEIR
ANCIENT
AND
ACCVSTOMED
LIBERTY
,
REGIMENT
AND
LAWS
,
THEY
MAY
NOT
WELL
BE
COVNTED
REBELS
.
I
never
denied
,
but
that
the
People
might
preserve
the
foundation
,
freedom
,
and
forme
of
the
Common-wealth
,
which
they
fore
prised
when
they
first
consented
to
have
a
King
:
As
I
said
then
,
so
I
say
now
,
The
Law
of
God
giveth
no
man
leave
;
but
I
never
said
,
that
Kingdoms
and
Common-wealths
might
not
proportion
their
States
,
as
they
thought
best
,
by
their
publike
Laws
,
which
afterward
the
Princes
themselves
may
not
violate
.
By
supertour
Powers
ordained
of
God
,
(
Rom.
13.
)
we
understand
not
onely
Princes
,
BVT
ALL
POLITIKE
STATES
AND
REGIMENTS
;
somewhere
the
People
,
somewhere
the
Nobles
,
having
the
same
interest
to
the
sword
,
that
Princes
have
to
their
Kingdoms
,
and
in
Kingdoms
where
Princes
bear
rule
by
the
sword
;
we
do
not
mean
THE
PRIVATE
PRINCES
WILL
AGAINST
HIS
LAWS
,
BVT
HIS
PRECEPT
DERIVED
FROM
HIS
LAWES
,
AND
AGREEING
WITH
HIS
LAWES
:
Which
though
it
be
wicked
,
yet
may
it
not
be
resisted
of
any
subject
,
(
when
derived
from
,
and
agreeing
with
the
Laws
)
with
armed
violence
.
Marry
,
when
Princes
offer
their
Subjects
not
Iustice
,
but
force
,
and
despise
all
Laws
to
practise
their
lusts
,
not
every
,
nor
any
private
man
may
take
the
sword
to
redresse
the
Prince
;
but
if
the
Laws
of
the
Land
appoint
the
Nobles
as
next
to
the
King
to
assist
him
in
doing
right
,
and
withhold
him
from
doing
wrong
,
THEN
BE
THEY
LICENCED
BY
MANS
LAW
,
AND
NOT
PROHIBITED
BY
GODS
,
to
interpose
themselves
for
safeguard
of
equity
and
innoceucy
,
and
by
all
lawfull
AND
NEEDFVLL
MEANS
TO
PROCVRE
THE
PRINCE
TO
BE
RE
FORMED
,
but
in
no
case
deprived
where
the
Scepter
is
Hereditary
.
So
this
learned
Bishop
determines
in
his
authorized
Book
dedicated
to
Queen
Elizabeth
,
point-blank
against
our
Novell
Court-Doctors
,
and
Royallists
.
But
that
which
swayes
most
with
me
,
is
not
the
opinions
of
private
men
,
byassed
oft-times
with
private
sinister
ends
which
corrupt
their
judgements
,
(
as
I
dare
say
most
of
our
Opposites
in
this
controversie
have
writ
to
flatter
Princes
,
to
gain
or
retain
promotions
,
&c.
)
But
the
generall
universall
opinion
and
practice
of
all
Kingdoms
,
Nations
in
the
world
from
time
to
time
.
Never
was
there
any
State
or
Kingdom
under
heaven
from
the
beginning
of
the
world
till
now
,
that
held
or
resolved
it
to
be
unlawfull
in
point
of
Law
or
Coscience
,
to
resist
with
force
of
Arms
the
Tyranny
of
their
Emperours
,
Kings
,
Princes
,
especially
when
they
openly
made
war
,
or
exercised
violence
against
them
,
to
subvert
their
Religion
,
Laws
,
Liberties
,
State
,
Government
.
If
ever
there
were
any
Kingdom
,
State
,
People
of
this
opinion
,
or
which
forbore
to
take
up
Arms
against
their
Tyrannous
Princes
in
such
cases
,
even
for
conscience
sake
,
I
desire
our
Antagonists
to
name
them
;
for
though
I
have
diligently
searched
,
inquired
after
such
,
I
could
never
yet
finde
or
hear
of
them
in
the
world
;
but
on
the
contrary
,
I
finde
all
Nations
,
States
,
Kingdoms
whatsoever
,
whether
Pagan
or
Christian
,
Protestant
or
Popish
,
ancient
or
modern
,
unanimously
concurring
both
in
iudgement
and
constant
practice
,
that
forcible
resistance
in
such
cases
is
both
iust
,
lawfull
,
necessary
,
yea
,
a
duty
to
be
undertaken
by
the
generall
consent
of
the
whole
Kingdom
,
State
,
Nation
,
though
with
the
effusion
of
much
blood
,
and
hazard
of
many
mens
lives
.
This
was
the
constant
practise
of
the
Romans
,
Grecians
,
Gothes
,
Moors
,
Indians
,
AEgyptians
,
Vandals
,
Spaniards
,
French
,
Britains
,
Saxons
,
Italians
,
English
,
Scots
,
Bohemians
,
Polonians
,
Hungarians
,
Danes
,
Swedes
,
Iews
,
Flemmins
,
and
other
Nations
in
former
and
late
ages
,
against
their
Tyrannicall
oppressing
Emperors
,
Kings
,
Princes
,
together
with
the
late
defensive
Wars
of
the
protestants
in
Germany
,
Bohemia
,
France
,
Swethland
,
the
Low-countries
,
Scotland
,
and
elsewhere
,
against
their
Princes
,
(
approved
by
Queen
Elizabeth
,
king
Iames
,
and
our
present
king
Charles
.
who
assisted
the
French
,
Bohemians
,
Dutch
,
and
German
Protestant
Princes
in
those
Wars
,
with
the
unanimous
consent
of
their
Parliaments
,
Clergy
,
people
)
abundantly
evidence
beyond
all
contradiction
;
which
I
have
more
particularly
manifested
at
large
in
my
Appendix
,
and
therefore
shall
not
enlarge
my self
further
in
it
here
:
onely
I
shall
acquaint
you
with
these
five
Particulars
.
First
,
that
in
the
[
m
](A91298-e49730-b)
m
Slcidan
.
8.
18.
22.
Bish.
Bilsons
Difference
,
&c.
part
.
3.
p
518.
Chylrae●●
Chron.
Sax.
l.
13.
p.
376
,
&c.
Germanes
Defensive
Wars
for
Religion
,
in
Luthers
dayes
,
the
Duke
of
Saxonie
,
the
Lantzgrave
of
Hesse
,
the
Magistrates
of
Magdeburge
,
together
with
other
Protestant
Princes
,
States
,
Lawyers
,
Cities
,
Counsellors
and
Ministers
,
after
serious
consultation
,
coneluded
and
resolved
,
That
the
Laws
of
the
Empire
permitted
resistance
of
the
Emperour
to
the
Princes
and
Subjects
in
some
cases
,
that
defence
of
Religion
and
Liberties
then
invaded
,
was
one
of
these
caeses
;
that
the
times
were
then
so
dangerous
,
that
THE
VERY
FORCE
OF
CONSCIENCE
AND
NECESSITY
DID
LEAD
THEM
TO
ARMS
,
and
to
make
a
League
to
defend
themselves
,
THOVGH
CAESAR
OR
ANY
IN
HIS
NAME
WOVLD
MAKE
WAR
AGAINST
THEM
;
That
if
the
Emperour
had
kept
his
bonds
and
Covenants
,
they
would
have
done
their
duties
;
but
because
he
began
first
to
make
the
breach
,
the
fault
is
his
:
For
since
he
attempteth
to
root
out
Religion
,
and
subvert
our
Libertie
,
he
giveth
us
cause
enough
TO
RESIST
HIM
WITH
GOOD
CONSCIENE
;
The
matter
standing
as
it
doth
,
we
may
resist
him
,
as
may
be
shewed
by
Sacred
and
prophane
Stories
.
Vnjust
violence
is
not
Gods
Ordinance
,
neither
are
we
bound
to
him
by
any
other
reason
,
then
if
he
keep
the
conditions
on
which
he
was
created
Emperour
.
BY
THE
LAWS
THE
MSELVES
IT
IS
PROVIDED
,
that
the
inferiour
Magistrate
shall
not
infringe
the
right
of
the
Superiour
:
and
so
likewise
if
the
superiour
Magistrate
exceed
the
limits
of
his
power
,
and
command
that
which
is
wicked
,
not
onely
we
need
not
obey
him
,
BVT
IF
HE
OFFER
FORCE
WE
MAY
RESIST
HIM
.
So
they
in
point
of
Law
and
Conscience
then
publikely
resolved
.
Secondly
,
that
the
[
n
](A91298-e49800-b)
n
Gen.
Hist.
of
France
p
682
,
683
The
Appendix
,
p.
34
▪
35.
44.
45.
French
Protestants
,
and
others
,
in
the
reign
of
King
Francis
the
second
,
Anno
1559.
being
much
oppressed
by
the
Guisian
faction
,
who
had
got
the
K.
into
their
power
,
and
wholly
swayed
him
(
as
his
Maj.
ill
Councellors
sway
him
now
)
there
upon
assembling
together
to
consult
of
some
just
defence
,
to
preserve
the
just
and
ancient
government
of
the
Realm
.
They
demaunded
advice
TOVCHING
LAW
AND
CONSCIENCE
,
OF
MANY
LEARNED
LAWYERS
AND
DIVINES
;
who
resolved
,
THAT
THEY
MIGHT
LAWFVLLY
oppose
themselvs
against
the
Government
which
the
House
of
Guise
had
usurped
,
and
AT
NEED
TAKE
ARMS
TO
REPVLSE
THEIR
VIOLENCE
;
so
as
the
Princes
,
who
in
this
case
are
born
Magistrates
,
or
some
one
of
them
would
undertake
it
,
being
ordered
by
the
States
of
the
Realm
,
or
by
the
sounder
part
of
them
.
[
o
](A91298-e49900-b)
o
Dinothus
Hist.
Gal.
l.
48
p.
227.
That
defence
of
Religion
and
Liberties
against
violence
and
oppression
were
iust
causes
of
Warre
;
Et
quod
pia
arma
ea
sint
,
ultra
quae
nulla
restat
spesvitae
nec
salutis
.
A
like
resolution
and
determination
was
mado
by
the
chief
Dukes
,
Peers
,
Nobles
,
and
Officers
of
France
,
Anno
1614.
which
you
may
read
in
the
Appendix
.
Thirdly
,
that
the
[
p
](A91298-e49950-b)
p
Fox
Acts
&
Mon
Vol.
2.
Edit.
ult.
p.
208
,
209
,
213
,
219.
Angrognians
and
Waldensian
Protestants
of
Lucerne
and
Piedment
in
the
year
1558.
to
1561
,
being
persecuted
by
the
Lord
of
Trinitie
and
their
Popish
Soveraigns
,
assembling
solemnly
together
to
consult
how
to
prevent
the
great
dangers
then
at
hand
,
after
long
prayer
and
calling
upon
God
for
his
grace
and
Spirit
of
direction
and
Counsell
,
well
to
manage
their
weighty
affairs
,
and
to
preserve
themselves
and
the
Protestant
Religion
professed
by
them
,
concluded
in
the
end
,
to
enter
into
a
solemn
mutuall
Covenant
,
and
to
ioyn
in
a
League
together
for
defence
of
themselves
and
their
Religion
;
whereupon
they
all
promised
by
Gods
grace
and
assistance
,
to
maintain
the
pure
preaching
of
the
Gospell
and
administration
of
the
Sacraments
,
and
one
to
ayd
and
assist
the
other
,
&c.
which
they
did
with
good
successe
,
obtaining
many
glorious
victories
against
invading
persecuting
enemies
.
The
like
did
[
q
](A91298-e49980-b)
q
Fox
Acts
&
Mon
Vol.
1.
Ed.
ult.
p.
848.
to
852.
Pontaut
Bohemiae
piae
,
lib.
1.
Zisca
,
the
Thahorites
and
Bohemians
heretofore
,
and
of
[
r
](A91298-e49990-b)
r
Grimstons
Imperiall
Hist.
p.
655
,
730.
to
740
,
746
,
to
806
sparsim
.
later
times
;
as
the
Maginall
Authors
largely
relate
,
resolving
it
iust
and
lawfull
for
them
in
Law
and
Conscience
,
to
defend
themselves
and
their
Religion
by
force
of
Arms
against
their
persecuting
Soveraignes
.
Fourthly
,
that
the
[
s
](A91298-e50030-b)
s
Erman
.
Mes
teranus
,
Hist.
Belgica
,
Grimsi
.
Gen.
Hist.
of
the
Netherlands
.
Netherland
Provinces
,
being
oppressed
in
their
Bodies
,
Estates
,
by
the
Duke
of
Alua
and
Spanyards
Tyrannie
,
and
in
their
Religion
and
Consciences
,
by
the
introduced
Irquisition
to
extirpate
Religion
;
did
after
serious
deliberation
,
and
consultation
with
learned
men
of
all
sorts
,
unanimously
conclude
and
enter
into
a
solemn
Covenant
to
defend
their
Libities
,
Religion
,
Laws
,
by
force
of
Arms
,
against
the
Spanish
Tyrannie
;
as
you
may
read
at
large
in
their
Histories
.
And
in
the
year
1572.
The
Prince
of
Orange
and
his
Confederates
,
having
levyed
a
goodly
Army
to
relieve
Mons
besieged
by
the
Duke
of
Alua
,
caused
this
notable
[
*
](A91298-e50070-b)
*
Grimstons
Gen.
Hist.
of
the
Netherlands
,
l.
9.
p.
369
,
370.
Protestation
to
be
printed
and
published
to
the
World
,
as
well
in
his
own
name
,
as
in
his
Confederates
,
giving
a
reason
of
the
Arms
which
he
had
taken
up
,
as
followeth
.
Wee
William
by
the
Grace
of
God
,
Prince
of
Orange
,
Earle
of
Nassau
,
&c.
To
all
Noble-men
,
Knights
,
Gentlemen
,
and
others
,
of
what
quality
soever
of
these
Netherlands
,
which
desire
the
Liberty
thereof
,
being
miserably
tyrannized
and
oppressed
by
the
Duke
of
Alva
,
the
Spaniards
,
and
other
their
friends
,
TRAYTORS
AND
MVRTHERERS
OF
THEIR
OWN
COVNTREY
,
We
declare
that
everyone
of
us
,
for
a
particular
love
and
zeale
he
beares
unto
his
Countrey
,
and
for
the
glory
of
God
,
which
we
desire
above
all
,
have
often
sought
by
all
meanes
the
good
and
quiet
of
the
Countrey
,
as
well
by
Petitions
and
other
mild
meanes
,
as
by
force
of
Armes
,
thinking
to
draw
those
that
were
as
we
are
,
to
doe
the
like
,
sometimes
by
sighes
and
prayers
unto
God
,
having
had
patience
untill
that
it
should
please
him
to
mollifie
the
hearts
of
the
said
Tyrants
;
but
in
the
end
solicited
and
called
generally
and
particularly
by
the
inhabitants
of
the
said
Countrey
,
by
reason
of
the
inhumanities
and
oppressions
;
We
have
in
the
Name
of
God
(
ACCORDING
TO
OVR
CONSCIENCES
)
TAKEN
ARMES
;
protesting
before
God
and
his
Angels
,
and
before
all
Men
present
and
to
come
,
that
we
have
not
been
moved
hereunto
by
any
private
passion
,
but
with
an
ardent
desire
which
we
have
to
oppose
our selves
against
this
more
then
barbarous
and
unsupportable
tyranny
,
to
the
Proclamations
,
Edicts
,
taxes
,
Imposts
and
charges
of
the
hundreth
,
thirtieth
,
twentieth
and
tenth
penny
imposed
by
the
insatiable
covetousnesse
of
the
Duke
of
Alva
,
against
the
Lawes
Liberties
,
Freedomes
,
and
ancient
Priviledges
of
the
said
countrey
;
which
Lawes
,
Liberties
,
freedomes
and
ancient
priviledges
,
we
mean
(
by
the
grace
of
God
)
to
restore
unto
the
said
countrey
,
holding
it
under
the
obedience
of
their
Prince
and
naturall
Lord
,
as
we
are
bound
to
do
:
affirming
and
maintaining
,
that
[
*
](A91298-e50170-b)
*
gi
Princepa
Tyrannus
est
,
●ure
Naturali
re●quis
omnibus
mundi
Principilius
incumbit
illi
populo
Trannidem
patienti
open
&
cuxilium
ferre
;
hominum
egregiorum
virorum
bas
est
vera
laus
,
decus
&
benor
.
Vasquius
Contro
Ill.
36.
●
36.
all
Princes
and
Noblemen
,
Gentlemen
,
Commonweales
,
or
others
,
of
what
quality
soever
,
be
they
strangers
or
home-bred
,
that
have
been
moved
to
give
us
aide
or
assistance
IN
THIS
SO
IVST
AN
ENTERPRISE
,
have
not
don
it
for
any
other
intent
,
but
for
true
piety
and
compassion
which
they
have
with
us
of
the
said
miseries
and
calamities
:
Wherefore
we
pray
and
entreat
every
one
,
both
in
generall
and
particular
,
to
assure
themselves
,
that
we
intend
not
to
doe
wrong
to
any
man
,
nor
to
attempt
upon
the
good
estates
or
honour
of
any
of
what
quality
soever
,
were
he
of
the
Clergy
,
but
are
ready
to
aid
and
assist
every
one
freely
and
willingly
;
as
for
his
liberty
,
EVERY
ONE
IS
BOVND
TO
SVCCOR
VS
BY
ALL
DVE
AND
POSSIBLE
MEANES
.
In
the
mean
time
we
will
give
order
,
that
God
and
the
countrey
may
be
served
,
in
procuring
the
preservation
of
the
people
,
and
the
defence
of
their
houses
,
wives
,
and
children
:
Praying
to
God
,
that
he
would
favour
and
bring
to
a
good
end
SO
HOLY
AND
NECESSARY
AN
ENTERPRIZE
.
This
their
defensive
Warre
,
yet
continuing
,
hath
been
justified
by
many
,
and
in
speciall
maintained
to
be
just
and
honorable
BOTH
IN
LAW
AND
CONSCIENCE
in
a
particular
Book
De
jure
Belli
Belgici
,
printed
at
the
Hague
with
the
States
approbation
,
1599.
to
which
I
shall
referre
you
.
Fifthly
,
[
r
](A91298-e50240-b)
r
Mytronimus
Elanca
Aragenens
.
Rerum
Comment.
p.
661.
46●
〈◊〉
p.
652.
(
which
comes
neerest
to
our
present
case
of
any
story
I
have
met
with
)
Alphonso
the
3.
king
of
Arragon
,
in
the
year
1286.
through
the
ill
advise
of
some
bad
Counsellors
and
Courtiers
about
him
,
departed
in
discontent
from
the
Parliament
of
the
Estates
of
Arragon
then
assembled
at
Saragossa
,
and
posted
to
Osca
,
because
the
Parliaments
took
upon
them
to
make
Lawes
to
reforme
and
order
his
Court
,
his
Courtiers
,
which
he
denyed
,
but
they
affirmed
,
they
had
just
right
and
power
to
doe
.
Hereupon
,
the
businesse
being
put
unto
greater
difficulty
;
the
Estates
affirmed
.
A
Comitiis
intempestive
discedere
Regi
NEFAS
ESSE
,
That
IT
WAS
A
WICKED
ACT
,
FOR
THE
KING
THVS
VNSEASONABLY
TO
DEPART
FROM
THE
PARLIAMENT
;
NEITHER
WAS
SO
GREAT
.
A
BREACH
OF
THEIR
PRIVILEDGES
AND
RIGHTS
TO
BE
PATIENTLY
ENDVRED
:
Whereupon
they
presently
raised
up
the
Name
and
FORCES
OF
THE
VNION
or
Association
(
formerly
made
and
entred
into
between
the
Nobility
,
Cities
,
and
people
,
mutually
to
aid
and
assist
one
another
to
preserve
the
Peace
and
Liberties
of
the
Realm
,
even
with
force
of
Armes
)
IT
BEING
LAWFVLL
for
the
common
cause
of
Liberty
;
Non
Verbis
solum
,
SED
ARMIS
QVOQVE
CONTENDERE
,
not
onely
TO
CONTEND
with
words
,
BVT
ALSO
WITH
ARMES
.
Vpon
this
,
king
Alphonso
desirous
to
prevent
the
mischiefs
them
present
and
incumbent
,
by
advise
of
his
Privy
Counsell
,
published
certaine
good
Edicts
at
Osca
for
regulating
his
Court
,
Counsell
,
Iudges
,
Officers
;
by
which
he
thought
to
have
ended
all
this
Controversie
,
but
because
they
were
promulged
onely
by
the
Kings
own
Edict
,
not
by
the
whole
Parliament
as
binding
Lawes
,
they
still
proceeded
in
the
Vnion
;
till
at
last
,
after
various
events
of
things
,
this
King
returning
to
the
Generall
Assembly
,
and
Parliament
of
the
Estates
at
Saragossa
,
in
the
year
1287
condessended
to
their
desires
,
and
confirmed
the
two
memorable
priviledges
of
the
Vnion
,
with
the
Soveraign
power
of
the
Iustice
of
Aragon
,
which
could
controll
their
very
Kings
:
Of
which
see
more
in
the
Appendix
.
I
shall
close
up
this
of
the
lawfulnesse
of
a
necessary
defensive
warre
,
with
the
speech
of
the
Emperour
Alexander
Seuerus
,
recorded
by
[
f
](A91298-e50360-b)
f
Quoted
by
Grotius
de
Iure
Belli
2.
〈◊〉
1.
Annos
ad
sect.
14.
p.
11.
Herodian
,
l.
5.
He
who
first
infers
injuries
hath
no
probable
colour
;
but
he
that
repulseth
those
who
are
troublesome
to
him
;
EX
BONA
CONSCENTIA
sumit
fiduciam
;
assumes
confidence
FROM
A
GOOD
CONSCIENCE
,
and
good
hope
of
successe
is
present
with
him
from
hence
,
that
he
offers
not
injury
,
but
removes
it
.
Thus
have
I
now
at
last
waded
thorow
this
weighty
controversie
,
of
the
lawfulnesse
both
in
point
of
Law
and
Conscience
,
of
the
Parliaments
present
,
and
all
other
subjects
necessary
Defensive
Warres
against
their
Soveraigns
,
who
invade
their
lawes
liberties
,
Religion
,
Government
,
to
subvert
them
,
by
open
force
of
Armes
:
in
which
I
have
freely
and
impartially
discharged
my
conscience
,
not
out
of
any
turbulent
,
seditious
,
or
disloyall
intention
,
to
forment
or
perpetuate
the
present
,
or
raise
any
future
destructive
,
unnaturall
warres
between
king
,
Parliament
,
and
People
,
or
to
countenance
,
to
encourage
any
tumultuous
,
rebellious
,
factious
,
ambitious
,
traiterous
spirits
to
mutiny
or
rebell
against
their
Soveraigns
for
private
injuries
,
or
upon
any
false
unwarrantable
ends
or
pretences
whatsoever
;
(
let
Gods
curse
and
mens
for
ever
rest
upon
all
those
,
who
are
in
love
with
any
warre
,
especially
a
Civill
,
within
their
own
dearest
Countries
bowels
;
or
dare
abuse
my
loyall
sincere
Lucubrations
to
any
disloyall
sinister
designes
,
to
the
prejudice
of
their
Soveraignes
,
or
the
States
wherein
they
live
:
)
but
only
out
of
a
cordiall
desire
to
effect
such
a
speedy
,
honourable
,
safe
,
religious
,
semplternall
peace
between
king
and
Parliament
,
as
all
true
Christian
English
hearts
both
cordially
pray
,
long
for
,
and
endeavour
,
by
informing
his
seduced
Majesty
,
his
evill
Counsellors
,
his
Popish
Malignant
Forces
,
that
if
they
will
still
proceed
unnaturally
and
treacherously
to
make
war
against
their
Native
Countrey
,
Religion
,
Lawes
,
Liberties
,
and
the
Parliament
,
(
which
to
doe
I
have
[
t
](A91298-e50400-b)
t
Part.
1.
〈◊〉
2.
p.
108.
to
112.
elsewhere
manifested
to
be
no
lesse
then
high
Treason
,
Rebellion
,
against
both
King
and
Kingdome
)
they
may
in
point
of
conscience
and
Law
too
,
be
justly
opposed
,
resisted
,
repulsed
,
even
by
force
of
Armes
,
without
any
guilt
of
Treason
,
Rebellion
,
or
feare
of
temporall
or
eternall
condemnation
,
as
publike
Enemies
,
Rebels
,
Traytors
to
the
Realm
,
whatevever
they
have
hitherto
been
informed
of
to
the
contrary
by
temporizing
Lawyers
,
or
flattering
illiterate
Court
Divines
;
and
by
assuring
all
such
noble
generous
publike
spirits
,
who
shall
willingly
adventure
their
lives
or
fortunes
by
the
Parliaments
command
,
in
the
present
necessary
defensive
warre
,
for
the
ends
premised
;
that
for
this
good
service
they
shall
neither
in
the
Courts
of
Law
,
nor
Conscience
,
incurre
the
least
stain
,
or
guilt
of
Treason
,
Rebellion
,
sedition
,
or
any
such
like
odious
crime
,
much
lesse
eternall
condemnation
;
the
panick
feare
whereof
,
frequently
denounced
against
them
by
many
sottish
Malignants
,
Royalists
,
ill-instructed
Lawyers
and
Theologasters
,
hath
frighted
,
kept
back
,
and
withdrawn
multitudes
from
,
yea
cooled
,
corrupted
many
in
this
honourable
publike
duty
,
service
,
which
they
now
owe
of
Right
to
God
and
their
Countrey
;
in
which
to
be
treacherous
,
perfidious
,
sloathfull
,
negligent
,
cold
,
uncordiall
,
or
timerous
(
as
too
many
hitherto
have
been
,
to
the
greater
honour
of
those
who
haue
been
faithfull
,
actiue
,
Valiant
,
and
sincere
)
especially
now
after
so
many
late
horrid
treacheries
most
happily
discouered
and
a
new
Couenant
solemnly
entred
into
,
demerits
a
perpetuall
brand
of
infamy
and
reproach
.
To
dye
fighting
for
ones
dearest
bleeding
,
dying
Countrey
,
hath
in
all
ages
been
honoured
with
a
Crown
of
Martyrdome
;
to
liue
or
dye
fighting
against
it
hath
ever
deserved
the
most
capitall
censures
,
ignominies
,
and
heaviest
execrations
.
Let
both
sides
therefore
now
seriously
ponder
and
lay
all
the
premises
close
to
their
soules
,
consciences
;
and
then
I
doubt
not
through
Gods
blessing
,
but
a
happy
peace
will
speedily
thereon
ensue
[
x
](A91298-e50490-b)
x
Isay
2.
4.
Nation
shall
not
lift
up
sword
against
Nation
,
Countrey
against
Countrey
,
Englishman
against
Englishman
,
Brother
against
brother
any
more
,
as
now
they
doe
,
neither
shall
they
learn
such
an
unnaturaall
cursed
kind
of
Civill
Warre
any
more
,
but
beat
their
swords
into
Plow-shares
,
and
their
speares
into
pruning
hooks
;
and
[
y
](A91298-e50520-b)
y
Rom.
16.
16.
1.
1
Thess.
5.
26.
1.
Pet.
5.
14.
greet
one
another
with
a
kisse
of
holy
peace
and
charity
:
Which
desired
end
and
issue
of
these
present
bloudy
warres
God
in
his
mercy
hasten
and
accomplish
,
to
the
joy
of
all
our
Soules
.
I
should
now
,
according
to
former
engagements
,
proceed
to
other
remaining
particulars
;
but
because
this
part
hath
already
farre
exceeded
its
intended
bounds
,
out
of
a
desire
to
give
full
satisfaction
in
a
point
of
highest
present
,
and
future
concernment
every
way
;
I
shall
reserve
the
residue
,
with
the
Appendix
,
for
another
distinct
part
;
with
which
I
shall
conclude
my
Meditations
and
Collections
of
this
subject
,
without
any
further
Additions
,
if
God
say
Amen
.
Finis
Partis
tertiae
.