from the Parliament he might alwaies give his Royall assent by Commission under the great Sâ—ale and by that it seemes hee had liberty to bee absent if hee would When Rich. 2. refused to come to his Parliament the Lords that threatned to depose his only averted that by an old Ordinance of Parliament if the Kng absented himselfe forty daies then they might every man returne quietly to his own house and that they would do so if he came not but they pretend no law to raise armes to compell the King to come And surely had there beene any colour to justifie it they would not have omitted it and if there had been any law or precedent though by popish Parliaments since Rich. 2. time to raise armes or make lawes without the Kings assent Mr. Pryn's Zeale to the Cause and hatred to the King would have found it before now Since therefore that the two houses cannot without the Kings assent make a new nor abrogate an old law cannot without the Kings assent raise armes to execute a person condemned by Parliament with the Kings assent as in Hu-De le Spencers case but they must have a pardon for it In what case are we that haue without the Kings assent nay contrary to his expresse Command contrary to Mag. Char. contrary to our Petition of Right 3â— Car. by armes taken the 20th part of every mans estate imprisoned their persons imposed new leanes and new impositions hanged Citizens and Gownmen contrary to the Priviledges of Parliament executed even Members of the Parliament by Martiall Law and at the Parliament doore while the Houses of Parliament were sitting the Kings bench as wee pretend open at West minster the Goale delivery for London and Middlesex in the Old Bâ—lâ— Nay contrary to our Petition of Right and our Statute made this Parliament have wee not in the Kings name because we could not in our owne pressed our fellow Subjects and by armes compelled them to fight Contrary to their sworne alleagiance and vowed Protestation which is to maintaine the reformed Protestant Religion expressed in the Doctrine of the Church of England Yet wee fight to turne out the Liturgy and prayers ordained by the whole Church of England and which wee have long knowne to make roome for the extemporary and unknowne prayer of a single man and him often unlearned sometimes debauched and this according to the Kirke of Scotland not of England to defend the Kings Royall Person His Honour His Estate yet wee justifie them that fight against him that permit nay licence libellous pamphlets against him and his honour that robbe his Exchequer by receiving and keeping from him his Râ—venew to maintaine the Previledges of Parliament yet hâ—â—e the Members to prison nay to execution by Martiall Law to Maintaine the Lawfull Rights and Liberties of the Subject yet fight to have our Estates Liberties and Lives taken away by Votes Ordinances and Martiall Law and against the Kings command We have protested to preserve the peace of England Scotland and Ireland yet fight here among our selves to annihilate and breake the Cessation of Armes and the peace there and send for Scots the hither to robbe murder and if God be not better to us then we to our selves utterly subdue and inslave us to set up and enrich themselves By what law can the Scots prescribe us a Church government by what law have they our Homagers a voice in the setling of our Militia and the lawes of our Nation To conclude we fight to save a few close-Committee men our Sate-actors that have perswaded and voted us and inforced the poore common souldiers to commit rapine bloud-shed Sacriledge and Rebellion to protect them who with Shimei reviled and flung stones and dust at David by their Declarations and Pamphlets who by their Remonstrances and Votes endeavoured to discover with Châ—m the nakednesse of their father who following the Counsell of Achitophel have in the sight of all Israel lyen with Davids Concubines by usurping his Authority and Royall power We fight to secure them whom an act of oblivion cannot and therefore must have the Militia at their sole dispose that the swords and lives of the poore souldiers may protect whom the law cannot justifie We fight to make London an Independent City to make the Maior Aldermen and Common-Councell a third House of Parliament and give them the Tower of London with the Militia of the City and Suburbs least the King being but Gods Vicar on earth their onely supreme Governour and Soveraigne Lord as severall Acts of Parliaments have declared least he should rebell against them his native his locall and his sworne Subjects We fight to abolish the ten Commandements the Creed the Epistles and Gospels because not consistent with the Scots Presbyteriall Discipline What one act of Charity or Mercy have these reformers of Religion done Where have they offered to the King to part with any thing of any pretended right liberty or priviledge to settle a peace in this Church and Common-wealth Nay which of these is not greater in estate and wealth in power and authority then he was before the Civil War began or shall be after the War ended Have not the Earles of Warwicke Manchesler and others that you know much inriched themselves and friends by the harvest of this War Have not their Chaplains Burges Sedgewicke Case Peters and others treble revenues and in-comes to preach Doctrines answerable to the occasion of raising money men or Armes or crying no Treaty no Peace Doctrines sutable to their Church and practice that have in cold blood murdered many poore Protestant English-Irish for being on the Kings side While on the other part the King not delighting in bloud hath pardoned divers whom the Law condemned nay he hath proclaimed pardon to all that would take it and to purchase peace he hath offered to part with his right to divide his Militia putting it into the power of twentie men whereof he to name ten and the two Houses ten Commissioners He desires and offers that Popery may be supprest according to Law and not Papists murdered because Irish Hee is willing that both Church and Common-wealth should be rectified according to law and according to law he offers to have all persons to be tryed by law He commiserating his oppressed Subiects the distracted Church and ruined Common-wealth hath offered and desired a Cessation from Armes but cannot obtaine it and then shall we not beleeve him the true father that would save the child God would not have his Temple built by a man of blood though even David nor would Christ have his Church reformed with the blood of Christians The King of peace cannot delight in warre Upon these Considerations Cosen I am resolved to leave their party that have misse-led me and my poore Country-men to our ruine and I will now lay hold of the Kings mercie and pardon offered by his Proclamation and by a hearty repentance I hope to expiate the bloud the treason and sacriledge I have countenanced by my former opinions and supported by my purse and perswasions And I do heartily wish that my poore Country-men and Neighbors that by an illegall presse are forced from their Wives and Children from their parents and Friends to fight against the English Protestant Religion and Liturgy to set up a Scotch Directory against their King to pay a tribute to their fellow Subjects against their Protestation to protect such as have seduced and deceived them and their nations that have raised this unnaturall warre upon pretences feares and jealousies and by the murther of many thousand English Christians keep themselves from a legall tryall that they may still sit quietly voting at Westminster and eate the fat of the Land Cosen I doe heartily wish that both you and the rest of my poore Countrey men would consider and weigh these things and that God would give you relenting hearts truly penitent for these horrid sinnes and then I would not doubt but you and they would end this warre for 't is in your powers by returning to the English Protestant Religion and Liturgy to your sworne alleageance to your Anointed King and then to your owne vines and figge-trees And no doubt but both you and they shall receive from God and the King the blessings due to the blessed peace-makers which is heartily prayed for by him that will lead you the way May 15. 1645. A. C. FINIS
in Pontus Galatia c. not natives they tyed only by a locall allegeance wee by a locall by a native by a sworne alleageance they to a heathenish we to our annointed Christian King All Divines agree Christ would not have his Church his Gospell planted by any blood but his own and therefore would not suffer Saint Peter to strike to rescue him his King his God Christ then will not that his vine should be drest his Church reformed with the blood of Christians Yet now our reformed Religion permits subjects Jesuite-like to fight against their King for the propagation of the Gospel And that all things be done as the Apostle directs decently and in order they have supprest all Church-Government and left almost every man to be his owne Bishop and if he will his owne Priest The Booke of Common-Prayer composed by all the Clergy of England and they legally called confirmed and sealed by their blood and commanded by severall Parliaments for these 100. yeares yet now on a sudden voted downe as Popish But not one particular exception to any one thing in the Liturgy But a set forme of Prayer is a binding of the Spirit and therefore our new Directory tyes not the spirit to words for the cloven tongues speake all languages but the Assembly of Godly Divines prescribes only the matter or effect of their prayer lest the spirit being at too much liberty should pray against the Close Committee and their proceedings The ten Commandements and Commination as restraining our Christian Liberty and Judaicall the Creed not yet rectified according to the sence of the house as erroneous the Epistle and Gospels fitted to the Celebration of their severall dayes as Popish according to the Discipline of the Kirke of Scotland are all excommunicated So that now in our new Reformed Church we have neither good Commanded nor evill prohibited no faith confest nor good example to imitate The Reading Psalmes had beene totally banished the Church because written by a King but in respect David was a Prophet too they are left to the wisdome of the Minister to read if he will But the better Meetre of Hopkins and Sternhold because composed by Commoners are commanded to be sung to awaken the sleepie devotion of the otherwise mute Congregation I pray thee pardon mee that I a little sport with our misery but 't is in private and onely to thee All the Lawyers I have spoken with except Corbet and Master Prideaux unanimously agree that all Ordinances made by one or both Houses of Parliament without the King's assent are like man without the breath of life handsome models but uselesse and that all things done or acted by colour or direction of those Ordinances are illegall and invalid and that there is neither president to warrant nor reason to maintaine them And that both our ancient and moderne Lawes were made by the King but advised and consented to by both Houses all which appeares clearly in the penning of our Ordinances and Acts of Parliament even from H. 3. untill within these two yeares for they run thus The King at the instance of his great men provided and ordeined that c. And that manner of penning held untill R. 2. and then The King by assent of the Lords and at the request of the Commons ordaines and establisheth c. And all the following Parliaments even this present in the Act for the Trienniall Parliament uses the same words Bee it enacted by the King with the consent of the Lords and Commons So that in all ages the King made the law the Lords and Commons doe but advise and consent thereunto and custome that is a great part of our law will not that any old law be abrogated or a new law made but by the King with the consent of the two Houses and they are all confident that Master Pryn cannot shew any one Ordinance made without the Kings assent nor any one booke or any ancient opinion that they might nay the very practice of the Houses is against it insomuch as nothing is of record with them but what hath life by the Kings assent So as if a bill hath passed in both Houses yet that if the Sessions of Parliament end before the Kings assent had to that Bill the next Sessions the same Bill must be as at first thrice read in both Houses and againe have all the formalities and circumstances as it had the first Sessions for they cannot this Sessions take notice of their owne Actions in that before The Knights Citizens and Burgesses are but Atturnies or Deputies for their severall Counties Cities and Boroughs and therefore they cannot as Barons which sit in their owne right make a Deputy or party to consent or act for them because by law an Atturney cannot make an Atturny assigne the power and trust to another which is reposed in himselfe and therefore cannot make Committees in severall Counties to raise armes to commit their fellow Subjects c. Nor can Atturnies exceed or alter the power given them by their deputation or letter of Atturney but must follow that And what the power and authority given them is appeares in their Indenture betweene the Sheriffe and those that elect them which is but according as the Kings writ requires not power to doe what they list as appeares by Crompt Juâ—is fol. 2. The constant practice and course of Courts best shewes the power and jurisdiction of the Court say the Lawyers and they averre that there is not any one Ordinance of Parliament to be found made by the Lords and Commons without the Kings assent and surely had the two Houses such power the Parliament of Ewd. 2. Rich 2. and Hen. 6. so bitter against the King would have found both the precedent and made use of the power Let these therefore that are so ready to raise armes without the Kings assent nay contrary to his Command nay even against His Person let them consider that in Rich. 2. where his Barons of Parliament and others by colour and in persuance of an Ordinance of Parliament whereby Hugh De le Spencers were banished and to be proceeded against as enemies to the King and Kingdome in case they did returne The Sonne returning to the King the Barons and others pretending that the De le Spencers could not be legally attainted by processe of law because they the De le Spencers had usurped the Royall power and therefore in case of necessity for so is the Booke of old Mâ—g Char. fol 54. mutually bound themselves by oath as we by our Protestations and with Armes and banners displayed persue the De le Spencers and kill and imprison divers of the King Subjects and take their Towns Castles Houses c. and all without the Kings assent as ours doe for which the were glad to take a pardon as ours would be of an act of oblivion the Scotch word for a generall pardon for that oath their armes
c. Touching the opinion raised this Parliament that the two Houses are aboue the King and therefore the King ought and must passe such Bills such Acts as they resolve and offer to him That say the Lawyers is totally false and against all reason law and practice in all ages And in considering thereof they have not bin led by the pamphlets published this Parliament on either side because such like Schoole-Disputants rather endeavour to maintaine their position and side then to discover truth therefore the Lawyers grounded their judgement upon bookes formerly written upon precedent of moderate times when the Kings Prerogative and Subjects liberty both knew and kept their proper bounds The Parliament say they of the 24. Hen. 8 cap. 12. Declares That the Realme of England is an Empire governed by one Supreame Head and King having the Dignity and estate of the Imperiall Crowne unto whom a body politique compact of all sorts and degrees of people by the name of the Spirituality and Temporaliy been bound and one next so God a naturall and humble obedience being by Gods goodnesse endued with plenary whole and entire Power Authority and Iurisdiction within His Realme This body politique no doubt is the two Houses of Parliament and doubtlesse then the two Houses owe this naturall and humble obedience and then sure if the Servant be not greater then his Master to whom he owes his obedience the Creature then his Creatour then the two Houses that as appeares by their owne act for the continvance of this Parliament are called by the King and by Him dissolveable are not above the King that is their breath and gives life to all their actions And it the King be by God endued with plenary power entire Authority and Iurisdiction Consider from whom can the two Houses have their power their authority and Jurisdiction to be above that given by God In Caudries case in the 5. Report fol 10. the King is said to be the Vicar of the Highest King Ordained to governe and rule the Kingdom and People The Parliament in the 25. Hen. 8. acknowledged the Jurisdiction of Kings to be immediatly from God The Statute of the 26 of Hen. 8. cap. 1. declares the King to be the onely Supreame Head in Earth under God of the Church of England and that hee hath Power to redress and reforme all Errors and abuses in the Church In the 26 Hen. 8. cap. 3. the Parliament declares that the King is the onely Supreame Head under God of the Church of England having the whole Governance tuition and defence thereof and of His Subjects And consonant to that is our Statute 1 Eliz. and in our Oath of Alleagiance ordained by Act of Parliament wee and especially the Members of the House of Commons acknowledge and sweare That the Kings Highnesse is the onely Supreame Governour of the Realme both in Ecclesiasticall and Temporall causes And our Lawyers say that the King being the Supreame governour cannot have any Governour naturall or politique as the two houses above him and as hee is the onely Supreame Governour must needs bee above all other Governours either naturall or politique By the same Oath we sweare allegiance to Him and His Heires and Successours which must needs be to his Naturall capacity for his politique cannot have Heires And in the case of the Dutchy of Lancaster Plowd 213. It is resolved that the body politique of the King cannot be severed from his naturall body And then it is ridiculous to thinke much more to say that the politique capacity of the King is included in the two Houses of Parliament when his naturall is absent and dissenting to what they doe If the two Houses could make a Law or Ordioance to binde the Subject without the Kings assent why should not all the bils that passed both houses but had not the Kings assent why should not they be good and valid and binde the Subject they had the Votes of both Houses when full and entire they had more consideration more circumstance all necessaries but the Kings assent to the making of a Law yet these Bills in all ages have beene held naught and invalid And shall the votes of the two houses upon motion of a worthy Member though not a 5th part of either House be present and without the Kings assent shall they make a good Ordinance to repeale five Statutes in the Reignes of Edw 6. and Queene Eliz. as in the Ordinance for the Directory and the booke of Common Prayer all which have stood unquestioned these 100 yeares in which time wee have had 20 Parliaments in which our now Parliament-mens Fathers and Grand-fathers were Members and I believe as wife as honest and as Religious as their Sonnes and Grand-children and they approved they practiced and followed that Liturgy The Parliament 1 Jacob. cap. 1. prayes the Kings Royall assent to a Bill without which nothing say they can be compleate and perfect nor remaine to posterity And Cowell who writ about 40 yeares since speaking of the regally of the King comprised under the title of Prerogative There is not one saith he that belonged to the most absolute Prine in the world which doth not also belong to our King only by the custome of this Kingdome he maketh no lawes without the consent of the three Estates Lords spirituall Lords temporall and the Commons though HE MAY Qâ—ASH ANY KAVV CONCLUDED BY THEM Then how shall the Votes and Ordinances of a small part of the House be good when against Magn. Char. against the Petition of Right against our Allegiance and Protestation Yet must we venture our lives to murther our brothers and fellow Subject or they us or both to maintaine what they vote though against Law contrary to the Gospell and without precedent But the two Houses do but endeavour to take the King from His Evill Counsellours to bring him to his Parliament where he ought to be present resident or else they may force him yea eradicate three ears of Wheate to destroy one of Tares For that say the lawyers there is no precedent no book unlesse writ within these two yeares But Mr. Hooker alias Vowell who writ about the beginning of Queene Elizab. and is much quoted by Mr. Pryn writing the manner of holding of Parliaments as we may see in Hollinshead 2 part fol. 121 saith that the King is Gods Anointed his Deputy and Vicar on earth the Head of his Realme the Cheifest Ruler on whom wholly and only depends the government of the Estates of the Realme That the King ought to be personally present in Parliament three daies in every Parliament first on the day of appearance secondly on the day when the Speaker of the House of Commons is presented the third when the Parliament is prorogued And for other daies saith the Book he is at his choice to come or not to come And it appeares by the Statute of 3â— Hen. 8 c p. 21. That if the King be absent