A Personall Treaty between His Majestie and the two Hou­ses of Parliament, would be a Soveraigne remedy against the innovations and growing evills of this Kingdome, and an as­sured meanes to settle a firme peace in it; provided, that this Treaty be thus qualified, both for the manner and matter of it; for if it be otherwise, I am much afraid it will prove both un­profitable and ineffectuall. First, it ought to be when his Maje­stie is free and at liberty, without any preingagement on his Ma­jesties part, either by concession of any thing which they de­mand, as an inducement thereunto, at least of the most materiall things which the Treaty should consist of, such as the Militia, the setling of Presbyteriall Government, and the rest now late­ly offered to his Majesty to be granted unto them; for untill his Majestie be set free and at liberty, without any conditions pre­ceding unto it, His Majestie cannot properly or securely (for the good of the people) treat of any matter conducing to a Peace; Grotius de jure belli & pa­cis, lib. 3. cap. 10. sect 3. Nam (as learned Grotius saith) Rex qui aetatis est ejus quae judicii maturitatem non habet, qui imminutae mentis est, qui captivus, aut exul, pacem facere non potost. A King that is under age of an infirme mind, a captive or an exile, cannot treat of, or conclude a peace: And else where, Grotius lib. 3. cap. 20. sect. 2 Sicut Rex infans jus habet, sed impe­rium [Page 2] exercere non potest, sic furiosus & captivus: As a King that is an infant hath right to govern, but cannot exercise his dominion, no more can a King that is a mad man, or a Prisoner; and without the King there can be no peace made, treated on, or concluded in this Kingdome: for the King having by the Law of England the Soveraigne or supreme power of the Realme, as is amply manifested by the precedent discourse, he hath the only power to make peace and war, as the same Author observes, Grot. l. 3. c. 20. Sect. 2 Pactiones inire quae bellum finiant, eorum est, quorum est bellum, Rei enim suae quisque est moderator, unde sequitur, ut in bello utroque publico, hoc eorum sit qui summum imperii exercendi jus habent: Regis igi­tur hoc erit in statu verè regio, modò is Rex etiam jus non habet impeditum; It is their office, and to them it belongs to make leagues or pactions to end a warre, to whom the right of ma­king warre belongs; for every one ought to be a moderator in his owne affaire; from whence it followes, that in every publique warre, it is their right to make warre or peace which have the right to exercise the soveraigne power, therfore it is the Kings right only to make warre or peace in his Kingdom, so that the Kings right be not hindred in the exercise of it, that is, by in­fancy, imprisonment, or the like infirmities aforesaid: this is the judgement of a most learned man: what fruit then can be expe­cted of or from a Treaty with his Majesty dureing his restreint or imprisonment? certainly none: nay if his Majesty should grant what they desire dureing his imprisonment, and being inforced thereunto for his enlargement, what validity were there in such a grant? certainly none, it being a cleere truth as that great Law­yer Bracton observes, Bract. l. 2 c. 5 sect. 14. f. 17. Quod in nullo casu valet donatio cùm quis fuerit in Prisona, vel quia hoc facit per coactionem, & quia potesta­tem sui non habet, nec eorum quae sua esse debent, potestatem habebit; & sicut ille qui in servitute fuerit, nihil possidere poterit, quia posside­tur; ita nec ille qui possidetur ab hostibus vel detentus fuerit: a conces­sion or grant is in no case valid so long as a man is in prison, where he is in prison by force and not by right, where he is inforced to make such grant, because he hath not then the power of himselfe, and having not power of himselfe he hath not power of any thing that is his, for as he which is in servitude can possesse nothing be­cause he is possest, so neither can he which is in the possession of his [Page 3] enemies or deteined by them in prison: neither can we from any rule of policie expect, that whatsoever the King is inforced to grant by any restraint or coertion, if the grant were in it selfe good, the thing could be of any continuance, since the nature of all grants and accords is to be voluntary, therefore Clement Edmonds, in his observations upon Caesars Commentaries well noteth; Clem. Edm. p. 629. That no accord made by force can be truely kept, and Machiavel plainly excuses the breach of them, saying, Mach. Discourse upon Livy pag. 629. that it is no dishonour to violate those promises, grants or accords, which by force a man is constreined to make, and that promises or accords extorted regarding the publique, wil be broken with­out the disgrace of him that breaks them; upon this ground did the Estates g of France refuse to submit to that accord & tréaty of Peace made between K. Edward of England, and John King of France, who was taken at the battell of Poitiers, and brought by King Edward Prisoner into England; where the said treaty and accord was made during his imprisonment; upon the like ground did King Francis the first of that name, King of France, avoid his treaty and accord made which Charles the Emperor, whilst he was Prisoner at Madrill in Spaine, by which treaty he was obliged to grant unto the Emperor all his right in the Dutchy of Burgundy, which after he was set at liberty he refused to doe, because that accord was made during his restreint. By these authorities & presidents I conclude, that it is necessary that the King should be set at liberty before he can be in a condition to grant or treat of any thing concerning the publique order for the good of the subject. The place where the treaty must be is also of consideration, for the Lords and Commons assembled in Parliament can treat with the King in no other place then in the Lords house at Westminster, the King sitting upon the Throne or chaire of State, they being no way enabled by the Law to treat with him in any other place or manner; and in this place they are by the tenor of their Writ, it being thus: Regist. Bri. Cooks Instit. 4. par. p. Rex Vicecomi­ti salutem, quia nos de avisamento & assessensu Concilii nostri pro quibusdam arduis & urgentibus negotiis nostris, statum & defensio­nem regni nostri Angliae, & Ecclesiae Anglicanae concernentibus, quoddam Parliamentum apud Westmonast▪ teneri ordinaverimus, & sbid. cum Praelatis, magnatibus & proceribus dicti regni nostri collo­quium [Page 4] habere, & tractatum &c. by this Writ the Lords have a power to treat with the King sitting in their House, of matters concerning the defence of the Realme, and of the Church of England, and the Commons may be pre­sent, and are to consent to what the King and Lords shall agree of, and in no other manner or place can they legally, or with their owne safety treat with the King; for as free Princes or equals they cannot treat with him, the Law having invested them with no such powers or dignities, the King being caput Regni, and by the Law indowed with the Soveraigne power of the Realme, and they being but Subjects; and inferiour to him in all degrees, either of power or abilities whatsoever: In this capacity therefore as free Princes or equalls, they cannot treat with him, if they treat with the King any where but in Parliament, and that of making of peace, which is the ending of warre already begun by them, and yet prosecuted against him and his loyall Subjects. They must treat with him as his Subjects, and if as his Subjects, they therein will accuse them­selves to be Traytors, or Rebells, in that they must treat of laying downe those Armes that they have unlawfully raised a­gainst him: Therefore if they would follow mine advice, they should treat with His Majesty in no other place then the Lords House, and onely of those things that by their Writ they are inabled to, viz. De arduis & urgentibus negotiis, Regem, statum & defensionem Regni Angliae, & Ecclesiae Anglicanae concernentibus: Of those things that cencerne the preservation and defence of the King, his state and dignity, and of the Realme and Church of England, and not to consult of a meanes, or to demand those things that tend to the ruine and destruction of them all. But in case the two Houses will not admit the King to come to the Lords House to treat with them, or that if they should, they demand of him those things that he neither can or ought to grant or part withall, (as the Militia, his Negative voice, or the destruction of the Church) being intrusted with them by God, and the Lawes, for the good of the people committed to his charge, and for whom he must give an account to God: The Question will then properly fall out to be in the next place, Whether the people of England may not justly levy Warre a­gainst [Page 5] them? and whether the Warre be not just? which Que­stion I shall hold affirmatively: Each Warre ought to have its foundation in reason, and force imployed to a right use is no other then a servant to reason; if then the two Houses shall de­ny a personall Treaty to his Majesty so qualified as afore-said, whereby the Kingdome may be preserved from ruine, it is agree­able to right reason, that the people should use force, and levy warre upon them, to inforce them thereunto: for when ordi­nary remedies doe faile, by the rule of right reason men are warranted and bound for their owne preservation, to recurre to extraordinary meanes, provided, that they be in themselves lawfull; and therefore since the Houses have denyed the King a personall Treaty de integro, tying him up to termes of con­descention to the most weighty matters, which should be the subject of the Treaty, before they will entertaine a Treaty with him for the rest, (which can be onely of matters of small or no importance) His Majesty having granted the things they demand of him before-hand, the people may aid the King, who is by the Law their only protector, with their Armes, for regain­ing their owne lawfull Liberties, and His Majesties just Rights, which will never be restored unto them by petitioning, or any other civill course, and therefore Grotius saith, Ʋbi judicia defi­ciunt, incipit bellum, Gro. l. 2. c. 1. sect. 2. where legall or civill remedies are wan­ting, or denied, War may justly begin: Plerique (saith the same Author) bellorum tres statunnt causas justas, defensionem, recupera­tionem rerum, & punitionem: Most men do determine these three causes of Warre to be just, defence of themselves, recovery of their goods, or estates, and punishment for injuries done; for as S. Augustine Aug de fivit Dei, l. 4. saith, Injuria partis adversae, justa bella ingerit; an injury done by the Adverse Party doth ground a just Warre; and what are just Warres, he tells us in another place, Aug. l. 6. 9, 10. Justa bella definiri solent, quae ulciscuntur injurias; those are just warrs which are levied to punish great injuries: let all the world then judge, whether according to these rules, the Prince and the people of England, have not just cause to take Armes; the injury done to the person of his Royall Father, is reputed to be done to the Prince himselfe; the Prince then in defence of his Fathers person by force opprest, for the redemption of it forth [Page 6] of prison, for their recovery of the rights and revenues of the Crowne, usurped and violated against all law and right, by those what were called together to advise the best they could for it, and have no manner or colour of Title unto it, for the restoring of the people unto their antient Lawes and Liberties, so much trodden upon and trampled under foot by those men, who should be the chiefe preservers of them, and for the resetling of men in their own proper offices, estates and goods, whereof they have been so illegally disseised, sequestred, devested, robbed, and dispossessed of. And last of all, to bring the Ringleaders of these so great evills, innovations, iniquities, and injuries, to re­stitution and condigne punishment; and as the Prince, so have the People, justifiable cause and warrant to take armes, and make warre against those robbers, oppressors, and usurpers, who have not onely brought in all the innovations and injuries aforesaid, imprisonments, taxes, arbitrary powers, Excizes, contributions, impositions, benevolences, and myriads of evills, onely to en­rich themselves, contrary to the knowne established and funda­mentall Lawes of England, and contrary to their promises and ingagements to the people, to whom they promised that their welfare should be their supreme Law, and care: for as Plato saith, Plato in Alcib. Justa bella geri possunt, non modò si quis vi opprimatur aut expiletur, verumetiam si deceptus fuerit: Just wars may be waged, not onely, where a man is opprest by force or plunder of all he hath, but also where he hath been cheated and cozened; have any people under heaven been so cheated and cozened as the people of this nation have been cheated and cozened by those that usurp the present Government? Did they not at first so creep and insinuate themselves into the affections of the people, give out that they would make his Majesty the most potent, rich and glorious King in Christendome, that they would make the people a mighty, wealthy and flourishing people? that they would reforme all the abuses both in Church and State, and set­tle the three Kingdomes in a firme and lasting peace? and have they not contrary to all their promises, Protestations, and Decla­rations to this purpose, imprisoned his Majesties sacred person, deprived him of his power, robbed him of his Royall revenue, and as much as in them lay, sought to weaken his Majesties re­putation, [Page 7] both with his allies abroad, & amongst forraine Nati­ons & Princes, & at home amongst all his Subjects of his three Kingdomes, Have they not instead of making the people of this Land a flourishing & wealthy people, weakned them with a long barbarous and civill Warre, exhausted them with Contributions, loaden them with Taxes, polled them with Excize and bene­volences, wearied them with continuall Impositions, and almost lost the reputation of the Nation in all forraigne parts? Have they not instead of reforming the abuses in Church and State almost destroyed both, instead of Monarchy brought in an A­narchy in the State, and instead of unity, and uniformity in the Church, let in accursed Heresie, ugly multiformity, and fanta­sticall unstable Independency? Nay, I might say almost Tur­cisme, or Atheisme. And to conclude, instead of setling the peace of the three Kingdoms, have they not (though petitio­ned thereunto by many Counties) refused to restore His Maje­stie, to disband their Army, by which they resolve to govern and conquer the Kingdome, to keep the people in thraldome all their lives; yea and cut the throats of all such, as shall come to Petition them, as they did Surrey-mens, and doe they not now make war upon Kent and Essex in order to these ends? Let this be denied by any sober and indifferent man, if he can: and being granted, I conclude infallibly upon all the rules & grounds afore­said, that it is lawful both for the Prince & people, if they shall deny His Majestie a personall Treaty so qualified, as aforesaid, to make warre against them, and that such a warre is just, Sa­pienti Sal. in o­rar. ad Caesar. est, saith Salust, pacis causâ bellum gerere, wise men make warre to obtaine peace; and S. Augustine, Aug Ep. 1. ad Boni­fac. Non pacem quari ut bellum exerceatur, sed bellum geri, ut pax acquiratur, men must not seek peace, to the end they may exercise warre: but men must make warre that peace may be obtained. And to deale candidly with the world in this point, mine owne private opinion is, that a good and firme peace can never be obtained in this Kingdome without a vigorous war well prosecuted on his Majesties behalfe.

That by the Lawes of God, of nature, and of England, the Subjects of England are bound to rise, and joyne in Armes for the re­scue and relief of the King out of prison, and to follow the Prince or any other of the Kings Subjects, or friends that shall take Armes for the King, and lead an Army to that purpose; notwithstanding that they have not the Kings actuall Commis­sion.

FOr Subjects to imprison their King it's against all Laws, & e­specially the Laws of England, and not only an injury to the Person of the King, but the greatest prejudice that may bee, to the right and interest of the Subject, for since the Lawes doe tell us that, Hobarts Re­ports p. 218. Rex est centrum & stabilimentum justitiae, the King is the Center and support of justice, Plow. Com. 242. 12. H. 7. f. 17. and that all administration of justice is both derived from him, and belongs to him originally, Case de pen. Statutis. Cooks Repor. and is inseparable from him, since the King is Beverleyes case. Cooks 4. Reports. so. 124. Caput & salus reipublicae, & à Capite bona valetudo transit in omnes; the head and health of the Commonwealth, and from this head the health of all the people is derived, Calvins case. 7. par. Cooks Reports. since that all protection of the people must come from the King, and none other can protect the Subjects of the Kingdome, but the King alone, Hobarts Re­ports. f. 112. since the Law tells us that the reformation of all wrongs and injuries done to the people belongs to the King, Plow. Com. 268. since the King is the chiefe Captaine of Chivalry within the Kingdome, Cooks Com. sur Littleton. f. 75, 76. Calvins case ubi supra. since that the Mi­litia doth wholly belong unto him, and hath so done to his Roy­all Progenitors, ever sithence the raigne of King Edward the Con­fessor, Cooks Inst. 3. par. f 160. 201. Stat. of Nor­thampton. [...]. E. 3. c. 13. and that no men may arme themselves in this Kingdome without the Kings assent, Cooks Instit. 4. par. p. 91. since that the King is subject to none within this realme, since that the Law speakes it Hobarts Re­ports. that accesse to the King may not be shut up from the Subjects, Cooks In­stit. 4. par. p. 93. which to do is a great presumption, since as Fortescue saith, Fortescue c. 13. Rex ad tutelam le­gis, corporum & bonorum erectus est, the King is ordeined for the preservation and defence of the Lawes, and of mens bo­dies and goods, and as Bracton notes, Bracton l. 2. p. 55. ch 24. Bract. l. 3. de astionibus. Ʋt populus sibi traditus à Deo in pace sileat & quiescat, nè quis alterum verberet, vel malè tractet, nè quis alienam rem per vim vel per roberiam aufe­ret vel asportet, nè quis hominem mahemiet vel occidat; That the people committed unto him by God may rest in peace [Page 9] and quiet, that one beat not, nor evill intreat another, nor take and carry away another mans goods by force or robbery, now called plunder, nor that any one of them kill and maime ano­ther; and since, as the same Author saith, Bract l. 2 ubi supra Rex habet, &c. the King hath all rights in his hand which belong unto the Crown, all temporall power, that is the Militia, or the power over the people, and the materiall Sword, which is necessary to the Go­vernment of the Kingdome, and since that the King hath the only Jurisdiction of Judgement within this Kingdome, that thereby, as the Minister and Vicar or Vicegerent of God, he may give and deliver to every man that which of right belongs unto him. It is not onely a most presumptuous offence against God and his Lawes, a most injurious violation to the Lawes of this Realme, nay even to the Lawes of nature, a most barbarous and unparallell'd affront to, and usurpation upon the Royall and sacreo Majesty, but the most prodigious and destructive mis­chiefe to the generall peace, and publique safety of his Majesties Dominions, and the people inhabiting in them, to imprison the King, to detain him in prison under strong & military guards, to deny a personall Treaty with his Majesty for the setting of the Kingdomes, though his Majesty hath often sought it; and to vote an order, that none of his Subjects shall make addresse unto him upon paine to incurre the punishment of High Treason: what is this but to displace Gods Substitute? to rob the Almighty of the honour of appointing his owne Deputy? What is it but to subvert and overthrow the antient and fundamentall Lawes of England? to take away and utterly to destroy the Liberty and property of the people of England? to strip and rob them of the Kings protection, the onely meanes to preserve them, their families and posterities in a desired peace and an assured plenty, to the end, that they may pillage and plunder them of their goods, disseize them of their estates and Lands, deprive them of their offices and promotions, imprison their persons, nay take a­way their lives at pleasure without impunity of the King▪ Bract. l. 4. c. 24. sect. 1. Qui solam habet jurisdictionem ut delinquentes puniat & castiget, as Braction for good Law assures us; Who hath the onely jurisdi­ction to punish and chastise such Delinquents, and to protect his good people from such violence and rapine: or without the [Page 10] reprehension of the antient and established Lawes of England, which I am too much afraid they intend to lay aside, and subvert, and never more to observe, as being oppositely contrary to all their actions and purposes; What then? is there no legall reme­dy to prevent the Kingdomes destruction? Yes there is, and if there were no more to be said in it or for it, then that which these men laid downe for a Maxime to ground all their rebel­lious practises upon (falsly supposing causes of misgovernment in the King, which the Kingdome now too sensibly feels under them, raising of jealousies, and fomenting of feare where no feare was, yea even of the utter ruine and destruction of the Kingdome, by the King, as they then falsly alledged; but by their owne actions have assured us will follow from themselves) this their owne Maxime I say might serve, Declar. that a Kingdome must not be left without a means to preserve it self. This mysteri­ous rule were sufficient to warrant the whole Kingdome, in case they will not admit the King to a personall Treaty, and restore him to his Rights, Prerogatives, and Power of protecting his people, (to whom as a learned Authour in the Lawes of England observes, Gervas. Tilburi­ensis in praefat. ad Hen. 2. Ab ipso Deo singulariter ost credila cura subditorum: Even from God himselfe the care of his Subjects are credited and committed) to rise up in Armes to suppresse and subdue them; but there are knowne Lawes of England, and sufficient Presidents to warrant such a proceeding: and without this man­ner of acting, the work will never be done, but the Kingdome must ruine, Salus populi est suprema Lex, the welfare of the peo­ple is the supreme Law, it's their owne Maxime, and we agree to it; but withall we say, with that learned Sir Edw. Cook Cooks Reports Beverl. case ubi suprà Rex est caput & salus reipublicae, & à capite bona valetudo transit in omnes; The King is the head and health of the Common-wealth, from whom all welfare is derived to the people; therefore the welfare of the King is the chiefe Law to preserve him, to serve him, which is the health of all; all men by nature are bound to it, as is well observed by learned, Gerv. Tilbur. u­bi supra. Oportet Regibus servire, non in conservandis tantùm dignitatibus per quas gloria regiae Majesta­tis elucet, verumetiam mundanarum facultatum copiis, quae eis sui status ratione contingunt; All Subjects ought to serve their King, not only in maintaining those dignities by which the glory of the [Page 11] Kingly Majesty doth appeare, but also in the strength and abun­dance of all those worldly faculties and powers which belong unto him by reason of their degrees, Illa enim illustrant, haec subveniunt, the former do serve to make him famous, but the latter ought to be aiding and assisting unto him, (saith he) we ought not only that are subjects to the King to pitty him and to speak well of him, to honor him with our lips and words only, but we ought to honor him with our substance, assist him with our armes, for the recovery of his rights, and of his li­berty, and for the subduing and suppressing of his enemies, and of those that traiterously rise up and rebell against him. The law Plow. Com. c. 319. doth not make the Subject greater then the King, nor the ser­vant then the Master, the Law here compares the King to a Ma­ster, a subject to a servant, yet all men know that the Prerogative of the King over his Subject is larger and greater then the prae­eminence of a Master over his servant, even as much as the Law of Nature, hath precedency of the civill Law, or Law of Nations; the Allegiance due from a Subject to the King, being due Calvins case ubi supra. by the Law of Nature, the duty that a servant owes to his Master being but grounded either upon his owne contract, the Law of his country, or at most the Law of Nations. The duty then that a Subject owes to his King, is more obligatory to him, then that which a servant or a slave owes his Master, and the Law doth more exact it at his hands, and justifie him in the performance of it. The law of England tells us, that 35. H. 6. f. 50, 51. a servant by the Law may justifie the battery or beating a man in defence of his Master, and to take bowes and arrowes, or other invasive weapons, 9. Ed. 4. f. 28. 19. H. 6 f. 31 nay a servant may justifie the beating of any man for the defence of his Masters goods; Nay yet more, 21. H. 7. f. 39. 3. Ed. 3. Fits. Co­ron. pl. 303. 305. 26. ass. pl. 23. a servant may justifie by the Law the killing of any man in defence of the life of his Master, of his house or goods. Doth the Law protect a servant in his Ma­sters defence to performe this duty, and shall it not a Subject in the performance of his towards his King? yes surely à fortiori, therefore by the Law everie man hath power given him z to seize upon the goods of those that are the Kings Enemies; 27 Ed. 4. f. 5. 9. Ed. 4 f. 26. Cooks Reports 5. par f. 92. Semaines case. e­verie man hath power by the Law to arrest Felons, Rebells, and Traitors; Nay it is their duty so to doe: who those Traitors and Rebells are, the Law informes everie man, and Commands him [Page 12] to pursue them, holding him indempnified if he doe it, and if he doe it not, one way or other the Law condemnes him to pu­nishment, because it is for the weal publique to take & suppresse Rebels and Traitors, everie man 12. H. 7. f 17. nay all men (say our bookes) are bound to goe with the King into the warres, and there to11. H. 7. f. 18. aid him. Hornes Mirror de Justices cap. 1. Stat. pe­che del Majest p. 20. M. 8. They are guilty of perjury (saith a learned Author of our Lawes) which beare armes against the King, or that stie from his battailes, or from his lawfull host, and those Ministers that disavowablement, viz. unlawfully stop men, or counsell men that they goe not into warre with the King, where they are bound to goe, or are summoned thereunto: this is the antient Common Law of England, and shewes that it is the duty of eve­ry Subject to be aiding and assisting to the King, in his warres. Stat. 11. H. 7. c. 1. By Statute Law all men are bound to attend the King in his wars, and to aid him with their true and faithfull service, and it matters not whether the King be in person in the feild or not; for if he be any where by the Kings command, that is acting by the Kings Commission, or by his power, or in preservation of the Kings Royall Person, Crowne and dignity, for that his service and doing, no man by the Law can or ought to be questioned, molested or impeached, and the reason of it is, because the Law saith Stat. 7. E. 1. de de. fensione portandi arma. that to the King it belongs to preserve the peace of the Realme, and to suppresse all force that shall be raised without him in the Kingdom at all times when it shal please him: Cowells Instit. in Proem. Nam in Rege necessaria sunt duo haec, arma, viz. & leges, quibus utrum­que tempus bollorum & pacis rectè possit gubernare: For as the learned in our Lawes say. Two things are necessary for a King, that is to say, the power of Armes and Lawes, by which he may rightly govern both in time of peace and warre; Plow. Com. f. 268. Bract. 1. 2. p. 55. cap. 24. for being the chiefe Captaine of Chivalry as before is remembred, he hath all rights in his hands which belong to the Crowne and his Kingly power, especially the materiall sword, which inables him to the government of his Kingdome: therefore are all his Subjects bound to assist him in his Warres, to repell forraign e­nemies, to suppresse and subdue Rebells, and such disloyall Sub­jects as rise in Armes against him, and to assist him to chastise all trayterous Conspirators that seeke to destroy his life, de­flowre his Crowne, and subvert his Government. Rebellion [Page 13] hath ever been so odious in Law, that in all ages Stat 17. R 2. c. 8. Stat 13. H. 4. c. 7. Stat. 2. H. 5. c. 8. 9. Stat. 19. H. 7. c. 13. Stat. 3. Ed. 6. c. 5. Stat. 7. Ed. 6. c. 11 Stat 1. Mar. c. 12. Sta. 1. Eliz. c. 17. Briefe de assistance, de Ches. vic. de County. good Lawes have been made in Parliament for the suppressing and punishing of it, by which Statutes every Subject of England, be he never so great in degree of honor or estate, or be he never so meane, be he Farmer, Artificer, Yeoman, Husbandman, Labourer, or o­ther, being of the age of 18. years or more, and under the age of threescore years, being able to serve, and not sick, lame, or impotent, ought to be aiding and assisting to the suppression of it, and if he or they kill any of such as are in Rebellion, of that fact they ought to be free, discharged and unpunished. Dalton Iustice de Peace p. 206. The King is the head, life and rule of the Common-wealth, a­gainst him only there may be Rebellion, and not against any o­ther, pretend they never so much power, as to be a Parliament or State, every rising in Armes against the King, (without his power immediate or mediately derived) either by sound of Drum or Trumpet, ringing of bells, or otherwise, In terrorem populi, to doe any unlawfull act, which in it self containes and is high Treason, be there assembled to the number of 12. persons or above, is rebellion by the knowne Lawes of England, and e­very loyall Subject of the King is bound to be aiding and assi­sting to the utmost of his power to the suppression of it. Cooks Inst. 3. par. p. 12. Now to raise armes to imprison the King, or to detaine him in prison, is rebellion, 43. Eliz. Earl of Essex case. Cooks Instit. 3. par. f. 62. to make warre against the King, upon pretence to remove evill Counsellers from him is rebellion, Hill 1. Iac. the Lord Cobhams case. Cooks Instit. 3. par. p. 9. 39. Eliz. Bradfords case. Brooke Treason. p. 24. or to depose him, or to alter the established Lawes, or Religion by force, or with intent to surprize, take, detaine or keep from the King any of his Castles, Forts, or shipping, or to impose unlawfull Taxes, or impose new Oaths without the Kings assent; these and ma­ny other of the same nature are Rebellions, which every She­riffe, Justice of Peace, and Constable in England, yea and every man when he shall be summoned thereunto, without expecting any particular Writ, or Commission, is bound to use his utmost power by force of Armes to suppresse, and the sooner the bet­ter, taking this advice of the Poet,

But here it may be objected, that it is not lawfull for any man to rise in defence of the King, and in aid of him to relieve him [Page 14] out of prison without the Kings Commission or command: if any such objection be made, it must needs proceed from one that hath been heretofore, or still is of that party, which usually is called the Parliament party. To him I answer, that it is much more lawfull for the Kings loyall Subjects to fight for him, to set him at liberty, and to restore him to his rights, which is the onely means to preserve the Kingdom, then it was either for the E. of Essex or the L Fairfax to fight for him without his Com­mission, to imprison his royall person and there to deteine him, to the apparent ruine and destruction of the Realme. This is, I hope, a sufficient argument ad hominem, to convince any of that side concerning this truth. But I desire that it may be remem­bred, that it is proved before to be the duty of every loyall Sub­ject, to arrest Traitors, and suppresse Rebells; and withall that the King is a close prisoner, that all addresse to him is blocked up by Vote and Ordinance, that he cannot send his Commissions abroad, that it is impossible that he should, that per legem nemo te­netur ad impossibilia; & it being impossible to obtain the Kings Commission to chastise Traitors & suppresse Rebels, it is as justifia­ble for the preservation of the King & Kingdom to raise arms in this case, as it is in case a forein enemy were landed, and ready to possesse one of the strongest holds in the Kingdome, and the people within it should make resistance against that enemy with­out the Kings Commission; or that one seeing a conspirator ready to stab the King, and should prevent the stroak before he asked the Kings authority, to preserve him from murder; which if he should stay to do, it might be too late to save his lifes; for as the Poet saith,

Therefore we must not expect to see the King at Liberty to grant his Commissions, before they act for the preservation of the King and Kingdome, but must make a vertue of necessity, alwaies takeing this for an authentique Maxime, in Law, Quod id semper justum est quod omnino est necessarium, It is necessary the Kingdom should be preserved, it is therfore lawful, it matters not which way. But the case of those that shall engage in this warre [Page 15] will be much better; The certainty of the Royall line (saith that great Lawyer Hobarts Reports, f. 332. the Lord Hobart (is the peace of the realme; The most excellent Prince of Wales; Qui coruscat radiis Regis, & censetur una persona cum Rege, as the Law saith; 8. Rep. Cook, the Princes case. 21. Ed. 3. Fitzh. Praerog. 16. who is the perfect Image of his Father, and shines with the glistering beams of Kingly Majesty, and is esteemed one person with the King, Stat. 25▪ Ed. 3. c. 2. 1. H. 5. f. 7. and who ought to enjoy all the antient Prerogatives of the Crowne, whose death to imagine, compasse or conspire, is as high a treason, as it is the Kings, Br. Trea­son. pl. 27. and against whom to fight, he coming in aid of the King Stamf. pl. de Coron. f. 1. I. his father, or to fight against those that shall assist him therein, is also High Treason: Hee, I say, is sufficient Commission in himselfe, had he not the Kings Commission: but to avoid all scruples, he hath the Kings war­rant and authority, and issues out Commissions to such as require them in his own name as Generalissimo (under his Royall Fa­ther) of the three Kingdomes of England▪ Scotland and Ire­land, to all such as defire them, whereby all that scruple may be satisfied in the Justice and formality of their ingagements, though there▪ needs no such wary caution for mens undertake­ings in so just and necessary a war, unlesse it be that they desire to support this rule; Abundans cautela non nocet, which speakes more of curiosity then of necessity, wherein not onely the safety of the Royall person of his sacred Majesty their Royall Sove­raigne, the preservation of his Crowne and dignity, (wherein all the peoples protection and safety is included,) the mainte­nance of the Lawes of the Land, the Liberties and properties of the free people of England is so much concerned; Nay I may justly say, the health, welfare and being of three famous King­domes lies at stake, they being now in a way of ruine and destru­ction. But to leave it without scruple, that if the Prince had not Commission from the King, yet both he and all the Subjects of England in his assistance may lawfully take armes in defence and preservation of the Kings cause and person, and for his redemp­tion forth of prison; and this I shall prove both by sufficient presidents, and the most uncontrollable Lawes that are. We read in the Chronicles of England, Daniels Chron. p. 152. Sir Rich. Bakers Chron. p. 86. That Anno Christi Incarnationis 1256. in the 49. yeare of his raigne, King Hen. 3. of that name King of England, and Prince Edward his eldest sonne and [Page 16] heire apparent to the Crowne, afterwards King Edward the first, were taken Prisoners by the douze Peers, or the twelve Gover­nours of the Kingdome, and their adherents, at the battell of Lewis in Sussex, King Hen. himselfe was conveyed by them Pri­soner to the Tower of London, and Prince Edward to the Castle of Hereford, the King remaining still a Prsoner, the Prince made an escape forth of the Castle of Hereford, and in Wales and the parts adiacent, raised an army and at Evesham in Worcestershire fought with these douze Peeres, the chiefe whereof was Simon Monfort Earle of Leicester, who thinking to make their party the stronger, thereby declared for the King, took him out of the Tower, and brought him to the battaile, but kept him as a Pri­soner: But the Prince declaring also for the King his Father, the people rise in armes with him and defeated the Earles army, kill­ing him in the place, with many others of his confederates, and redeemed the person of his Royall Father from his imprison­ment, restored him to his Crowne, who enjoyed it in peace af­terwards till his death, the fact of the Prince was approved of by the Law, but those that fought against him were declared trai­tors and Rebells by act of Parliament, Dictum de Kenil­worth an. 51. H. 3. and paid their fines and forfeitures. The like president we find in King Hen. 6. his time, which is thus, Anno Domini 1459. King Hen. the 6. was taken Prisoner Martins Chron. p. p. 258, 259, 260. at the battell of Northampton, by Ed­ward Earle of March, eldest sonne to Richard Duke of York, (afterwards King Edward the fourth) and by his then assistant Nevell the great Earl of Warwick, the King was conveyed as a prisoner to the Tower of London, and afterwards inlarged from thence and committed to the custody of the Duke of Norfolk: Queen Margaret wife to King Hen. 6. and his eldest son Prince Edward levied an Army, overthrew the Duke of York at Wake­field, and afterwards defeated the Duke of Norfolk, to whom the King was a prisoner, redeemed the Person of the King, and re-established him in his Throne, notwithstanding that neither of them were armed with either of the Kings Commissions for the doing thereof: these presidents we have of the like under­takings, many others I could produce out of the Annalls of France, and Scotland, if desire of brevity did not prevent me; but both these, and all others of this nature are warranted by [Page 17] the immutable and dispensable Laws of God and nature, Exod. 10. 11. & 21. 17. God hath commanded children to honour their father and mother, this is a Morall and an eternall Law ever to be performed by children to their Parents, Matth. 15. 4. our most blessed Saviour hath so de­clared it, upon which place Iunius & Tre­mellius. Arrias Montanus Junius and Tremellius and others agree, that Honoris nomine, intelligitur officii omne genus, quod à li­beris parentibus debetur, hic vero juxta proprietatem sermonis He­braicae magis pertinet ad subsidium quàm ad salutationem, ac civilia illa vitae officia: By the word Honor, say they, is meant all kind of duty that is due from children to their Parents, but in this place by reason of the propriety of the Hebrew Speech it rather signifieth aid or assistance, then salutation or other civill duties of life; so then in this case by the Law of God, the Prince is bound to aid the King his Father by every possible meanes he can both in civill and military affaires, and by the equity of this Law all the Kings Subjects are bound to doe the like, as the King is Pater patriae, the Father of the Countrey and common Parent of us all, and as children, servants, and Subjects are bound by the Law of God to aid and assist their Father, and King, so are they no lesse bound by the Law of nature, for both are by the same Law obliged to be instrumentall to their Father, Master or Common Parent in all cases of aid in time of necessity, were there no inducement of their owne profit inviting them there­unto; for as learned Grotius hath it, Grotius de jure belli & pacis l. 2. c 5 sect. 2. & 3. Sunt diversa hominum in­ter se vincula, quae ad opem superiorum invitant, tale instrumentum est Patri filius, pars ejus quippe naturaliter, tale & servus quasi ex lege, quale autem in familiis est servus, tale in republica est sub­ditus, ac proinde instrumenta imperantis ut bellum licitè gerant: There are saith he, by the Law of nature divers bonds between men which invite them to the aid of their Superiours, such an instrument ought the son be to the father, because he is natural­ly a part of him; such an instrument ought the servant be to the master, because he is bound thereunto by the Law of Nations, (which is the part of the law of nature) and such an instrument as a servant is in a family, such a one ought a Subject of a King­dome be to his King, that is, an instrument of his Soveraigne, that may lawfully wage warre for him: From these premises I gather this irrefragable argument, That whatsoever men are [Page 18] bound and injoyned to do by the Lawes of God and Nature, is lawfull for every man to doe without further Commission. But Children are bound to assist their Parents and Soveraigns in all matters, either civill or military; therefore it is▪ lawfull for the Prince to assist his Father, and all the Subjects of England to rise in Armes to aid their King and his urgent necessities against his oppressors, notwithstanding that they have not his actu­all Commissions, or any other derived from his power. Agree­able to this are those rules of the Common-Law of England, Cooks Rep. 5. par. f. 115. Wades case. Quando aliquid mandatur, mandatur & omne quod pertinetur ad illud: When a man hath command to doe his duty, every meanes that is conducing thereunto is warranted unto him, by the Law, and likewise, Cooks Rep. 5. par. f. 12. Saunders case. Quando Lex aliquid al [...]ui concedit, con­ceditur & id sine quo res ipsa esse non potest; when the Law gives a liberty to any man to do any act, it gives him all the necessary meanes to effect that, without which it cannot be brought to passe. The Law commands and gives licence to all the Kings Subjects to aid, relieve, succour and redeem the King out of Prison (from whom they can expect no actuall Commission,) therefore the Law supplies that defect by her owne power, by a necessary meanes conducing to that end, the Kings and King­domes preservation. This is warrantable and justifiable by all the Lawes aforesaid, let all good English men therefore take hold of the present opportunity, laying a side detestable Newtra­lity, and redeem their King, Lawes and Liberties, or be slaves for ever.