Lord of the Realme in the statutes made at Gloucester in the sixth yeare of the raigne of King E. 1. King Edw. 1 is acknowledged by the Parliament to bee their soveraigne Lord and so was King Edw. 2. King Edw. 3. King Rich. 2. and all the Kings since by all Parliaments held in their severall raignes as to the studious Reader of the Acts of Parliament made in their severall times will appeare by a Parliament held at Westminster Anno 7. Edw. 1. It is acknowledged to belong to the King through his royall signiory streightly to defend force of armour and all other force against the peace of the kingdome at all times when it shall please him and to punish them which shall do contrary according to the lawes and usages of this Realme and that thereunto they were bound to ayde him as their soveraigne Lord at all seasons when need should be In the raigne of King Edw. 2. The two Spencers Hugh the father and Hugh the sonne to cover the treason hatched in their hearts invented this damnable and damned opinion as it iâ— stiled in Calvines case That homage and oath of legeance was more by reason of the Kings Crowne that is his politique capacity then by reason of the person of the King upon which opinion they inforced execrable and detestable consequeâ—â—s First that if the King do not demeane himselfe by reason in the right of his Crowne the Peers are boundly oath to remove the King Secondly seeing the King could not be removed by suit of law that ought to be done by Aspertee which is as much as to say by force and war Thirdly that his Lieges were bound to governe in ayde of him and in default of him All which opinions were condemned by two Parliaments one held in the raigne of King Edward the second the other in the first yeare of King Edward the third cap. 1. as by the old printed statutes appeares by the statutes of 25. Edw. 3. cap. 2 It is ordained that if a man shall compasse or imagine the death of our soveraigne Lord the King or of my Lady his Queene or of his eldest sonne or if any man levy warre against the King in his Realme or bee adhered to the Kings enemies giving to them ayde or comfort in the Realme or elsewhere c. It shall be judged Treason It is reported to us by Sir Edward Coke in the fourth part of his Institut called The jurisdiction of Courts pag. 52. That Rotâ—lâ— Parliament Anno 17. Edw. 3. num 23. It was then agreed in Parliament that the statute made 15. Edw. 3. should be repealed and lose the name of a statute as contrary to the Lawes and prerogative of the King It appeares Rot. Parlia. 42. num 7. called Lex â—â— consuetudo Parliamenti cited by Sir Edward Coke in the fourth part of his Institutes pag. 13. 14. That the Lords and Commons in full Parliament did declare that they could not assent to any thing in Parliament that tended to the disherison of the King and his Crowne whereunto they were sworne By the statute of 16. Rich. 2. cap. 5. King Richard the second is by the Parliament called their Redoubted soveraigne Lord and the people his liege people and by Parliament in the body of that Act It is acknowledged that the Crowne of England hath beene so free at all times that it hath been in subjection to no Realme but immediately subject to God and to none other in all things touching the regallâ—ty of the same Crownel notwithstanding that afterwards warres was lovyed against him by his subjects and he was against all Law and right deposed or enforced to make a surrender of his Crowne or at least they pretended he did so though some Hystorians doubt whether he ever consented to it being murthered to make way for King Hen. 4. who had very small pretents to the Crowne as men learned in the lawes of this Realme have in all time since held which kind of disposing of the Kings person I hope and beleeve is not meant by them and which horrid act though it gave some present security to some particuler persons that were then active in his destruction yet it cost this kingdome in generall very deare in the expence of blood and treasure in the succeeding times by bloody civill warres wherein the decay of men by those warrs was so great that many judicious Historians are of opinion that the number of men lost in those warres was not recruited or made up by a following progeny till the beginning of King James his raigne and it is to be feared that this blood is not expiated and dryed up in this land The gates of Janus Temple being opened both without the kingdome and within for the space of an hundred yeares and upwards till by Gods great goodnesse there came to be an union of the rights of the two houses of York and Lancaster to the Crowne of England in King Hen. 7. and Queene Elizabeth his wife though that till neare the middle of his raigne the sword was not altogether sheathed but there were some counterfeit pretenders to the Crowne which stirred the unconstant multitude to sundry rebellions which after some time of rest from those civill broyles The King Lords and Commons in Parliament upon full experience and consideration of the troubles past for the prevention of the like in future times thought fit to revive the ancient lawes of the Realme and to declare that by act of Parliament which was and had beene a fundamentall law of the Land and was before part of the common law thereof to enact and declare in the eleventh yeare of the said Kings reigne in the first chapter of the statutes made in Parliament in the said yeare in these words Anno Vndecimo Henrici septimi The King our sovereigne Lord calling to his remembrance the duty of allegiance of his subjects of this Realme and that they by reason of the same are bound to serve their prince and sovereigne Lord for the time being in his warres for the defence of him and the land against every rebellion power and might raised against him and with him to enter and abide in service in battaile if case so require and that for the same service what fortune ever fall by chance in the same battaile against the minde and will of the Prince as in this land sometimes passed hath been seene that it is not reasonable but against all lawes reason and a good conscience that the said subjects going with their sovereigne Lord in Warres attending upon him in his person or being in other places by his commandement within this Land or without any thing should lese or forfeit for doing their true duty and service of allegiance It is therefore ordeyned enacted and established by the King our sovereigne Lord by the advice and assent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by authority of
the bottome of our hearts yield to the divine Majesty all humble thankes and praise not onely for the said unspeakable and inestimable benefits and blessings above mentioned but also that he hath further inriched your highnesse with a most royall progeny of most rare and excellent gifts and forwardnesse and in his goodnesse is like to increase the happy number of them And in most humble and lowly manner doe beseech your most excellent Majesty that as a memoriall to all posterities amongst the Records of your high Court of Parliament for ever to endure of our loyall obedience and hearty and humble affection It may be published and declared in this high Court of Parliament and enacted by authority of the same That we being bounden thereunto both by the lawes of God and man doe Recognise and acknowledge and thereby expresse our unspeakable joyes That immediatly upon the dissolution and decease of Elizabeth late Queene of England the imperiall Crowne of this Realme of England and of all the Kingdomes dominions and rights belonging to the same did by inherent birth-right and lawfull and undoubted succession descend and come to your most excellent Majesty as being lyneally justly and lawfully next and sole Heyre of the blood-royall of this Realme as is aforesaid and that by the goodnesse of God Almighty and lawfull right of descent under one imperial Crown your Majesty is of the Realmes and Kingdomes of England Scotland France and Ireland the most potent and mighty King and by Gods goodnesse more able to protect and governe us your loving subjects in all peace and plenty then any of your noble progenitors and thereunto we most humbly and faithfully doe submit and oblige our selves our heyres and posterities for ever untill the last drop of our bloods be spent And doe beseech your Majesty to accept the same as the first fruits in this high Court of Parliament of our loyalty and faith to your Majesty and your royall progeny and posterity for ever which if your Majesty shall be pleased as an argument of your gracious acceptation to adorne with your Majesties royall assent without which it can neither be compleat and perfect nor remaine to all posterity according to our most humble desires as a memoriall of your princely and tender affection towards us we shall adde this also to the rest of your Majesties unspeakable and inestimable benefits And by the statute of 3. Jaco cap. 4. by which statute the oath of allegiance is injoyned It is declared that if any person shall put in practice to absolve perswade or withdraw any of his Majesties subjects from their obedience to his Majesty his heires or successors or to move them or any of them to promise obedience to any other Prince State or Potentate that then every such person their procurers counsellers ayders and maintainers shall be adjudged Traytors And doe not the Parliament both in the first and third yeare of this King acknowledge King Charles nay even in the petition of Right and in every Parliament since to be their sovereigne Lord Can it then be doubted upon due consideration had of the fore-mentioned Acts of Parliament and the severall declarations made by the Parliaments of all ages that the right of the Crowne is an hereditary right and that King Charles is our lawfull Sovereigne Lord and supreame governour of the Realmes or that allegiance is not due to him from all states of this kingdome and from every one of his subjects within the same Surely no if you thinke that there can be any I desire you will please to returne me the legall reasous of your opinion therein upon consideration had of these Statutes and why the power of both Houses of Parliament is above the Kings neither are the prerogatives afore cited due to him by the acknowledgment recogniscions and declarations of Parliament onely but these are due unto him by the common fundamentall and municipall Lawes of this Realme according to the testimony of the learned Writers of the Law in all ages and by the continuall language and judgements of the Sages of the law in all preceding Kings Reignes since we have had Bookes and reports of the law published For first it appeares by the ancient Treatise called Modus tenendâ— Parliamentum which is a part of the Common law of the Land and as Sir Edward Coke 4. part of his Institutes page 12. observes was made before the Conquest and rehearsed unto King William at his Conquest who approved of the same and according to the forme of it held a Parliament as ti is reported to us in the yeare booke of 21. Ed. 3. fol. 60 that the King is Caput principium finis Parliamenti The King is the head the beginning and the end of the Parliament and by the booke of 21. Hen. 7 fol. 20. it is held that it is no statute if the King assent not to it and that the King may disassent and by Andrew Hornes Booke called the Mirrour of Justices which was written in the time of King Edward the second it is said that they are guilty of perjury that incroach any jurisdictions belonging to the King or â—alsifie their faith due to him Bracton who wrote in the time of King Henry the third a learned Author of the Lawes of England lib. 4. cap. 24 sect. 1. hath these words Rex habet potestatem jurisdictionem super â—mnes qui in Regnosuo sunt ea que sunt jurisdictionis pacis ad nullum pertinent nisi ad Regiam dignitatem habet etiam coertionâ—m â—t delinquentes puniat coerceat The King saith he hath power and jurisdiction over all men which are in his kingdom those things which are either of jurisdiction or peace belong to none but to the Kingly dignity he hath like wise a constraining power to punish delinquents and lib. 3. cap 7. he saith that Treasons felonies and other pleas of the Crowne are propriae causae Regis are causes belonging to the Kings punishment onely and in his fift Sect. of the same fourth booke saith thus Omnis sub Rege ipse sub nullo nisitantum Deo non est inferior sibi subjectis non parem habet in regno in English thus Every man is under the King and he under none but God alone he is not inferiour to his subjects he hath no peere in his Realme And in his fift booke in his third Treatise of default cap. 3. he saith thus Rex non habet Superiorem nisi Deum satis habet ad penam quod expectat Deum ultorem The King hath no Superiour but God alone and it is sufficient punishment for him because he must expect God to bee the revenger if he doe commit wrong It is said in Plowdens Commentaries fol. 234. That the King hath the sole government of his Subjects and fol. 213. as also in Calvins case That allegiance is due to the naturall body of the King and fol. 242. it is
A Looking-glasse FOR THE PARLIAMENT Wherein they may see the Face of their UNJUST ILLEGALL TREASONOUS and REBELLIOUS PRACTICES 1 Against Almighty GOD 2 Against their KING 3 Against the Fundamentall LAWES of the Kingdome 4 Against their own Oaths and Covenants Argued betwixt Two Learned JUDGES the one remaining an exile beyond the Seas the other a Prisoner for his Allegiance and Fidelity to his KING and COUNTRY Printed in the Eighth yeer of the Parliaments Tyranny and Oppression 1648. To the Reader COURTEOUS READER WHosoever thou art that shalt peruse this insuing Discourse we desire thee to doe it with Candor and without prejudice of opinion before thou hast warily read it seriously consider it and advisedly weighed it and when thou hast so done if thou shalt approve of it practice it if thon doest not let us receive thy modest reproof in writing and informe us better by more learned and infallible Arguments of the truth in those grounds we have laid down to our selves and we shall hold our selves much obliged unto thee and remaine Studious to doe thee good D. I. R. H. Dated Feb. 7. An. D. 1648. A LOOKING GLASSE for the PARLIAMENT IVDGE SIR I Must confesse to you that I doe apprehend that there is a Legislative Power in the Parliament but I take it to be in sensu conjuncto not in sensu diviso in a sense when the KING is joyned to both Houses of Parliament not when he is divided from them either in his Will or Person For neither House by it self or both Houses together have Power to make a Law to binde the Subject without the Royall assent now the Legislative Power is nothing else but a Power to repeal old Lawes or to make new ones that shall binde the Subject neither can the KING by himself repeal any established or make any Law binding to the subject without the preparation or assent of both Houses not joyning with any one House make a Law or Ordinance to binde the other nor repeal any Law whatsoever and I am very confident you cannot shew me an authority in our Laws to the contaary But you will peradventure say That the KING will fully absent himself from both his Houses of Parliament and that thereupon his Power is inherent in and devolved to the Parliament If you should make this objection besides what you will finde hereafter expressed as touching this question the practice of all times shew the contrary for as on the one part if he be personally present with his Parl. yet he may be wilfully absent or absent in his will as if he answer to any bill promoted to him Le Roy sâ—avisera or the King will advise upon it it stands at present for a negation of the bill and thereby it is made incapable that Session to be an Act so on the contrary part if the King be absent from both Houses of Parliament in person hee may be present in his will that is if his person were at York and both Houses sitting at Westminster and they should send him Bills to signe which he should accept of and indorse this upon them Le Roy le Veut or the King wills this is an affirmation of those bills and makes them Acts of Parliament which not only proves that one or both Houses by themselves have not legislative power without the King for as to the making of Lawes they have but a preparatory power to frame and present bills for the Royall signature and approbation but also that if the King bee absent in person from them either willingly or by occasion of necessity his legislative power is not representatively lodged in or devolved unto one or both Houses of Parliament I will agree with that great lover of Parliaments and learned Father of the Law Sir Edward Cooke in the fourth part of his Institutes p. 6. That a Parliament cannot begin or be held but either in the Kings person or by representation By representation two wayes either by a Guardian of England by Letters-patents under the Great Seale when the King is in remotis out of the Realme or by commission under the Great Seale to certaine Lords of Parliament representing the Kings person he being within the Realme by reason of some infirmity so that we hereby conclude that the King is not represented in Parliament of common course but only by speciall Commission in one of these two causes in the first of which cases Edward Duke of Cornewall and Earle of Chester held a Parliament in 24. E. 3. for King Edw. the third And John Duke of Bedford brother and Lieutenant to the King and Guardian of England held a Parliament as Guardian of England in the fifth year of King H. the fifth and in the second case in 3. E. 4. a Parliament was begunne in the presence of the King and prorogued untill a further day And when William Arch-bishop of York the Kings Commissary by Letters-patents held the same Parliament and adjourned the same the cause of the said prorogation being because the King was inforced to goe into Glocestershire to represse a Rebellion there so in 28. Eli. Queen Elizabeth by her Commission did by her Letters-patents authorise John Whit gift Arch-bishop of Canterbury William Baron of Burleigh Lord Treasurer and Henry Earle of Darby to begin hold and prorogue a Parliament and this Commission is entred in the Journall booke of the Lords house over which is written Domina Regina representatur per comissionarios viz. That our Lady the Queene is represented by her Commissioners which precedents in both cases plainely prove that the King is not of course representatively in Parliament nor his power lodged there but by his speciall Commissions or Letters Patents which may suffice as to this point but for those parts of your motives that the power of both Houses is above the Kings you shall find answered unto hereafter And whereas you write that the Scots have delivered up the King and that he is a Prisoner and his Person at their disposition that the City and Parliament are united that the whole strength of the Kingdome is in their hands that Bishops will be rooted out their Lands sold and Presbyterian government setled which I conceive you alledge as arguments to perswade me to compound and take the Oathes you mention these are rather arguments of force and fraude by all zealous lovers of honour Justice and Piety to be resisted and withstood then of truth and reason tobe submittd unto and looke more like arguments of Sutors Hill then Westminster Hall but if you lay them before me as perswasions of feare and terrour I answer you in the words of King David that you may see how vaine these conceits are Psal. 2. The Princes of the earth stand up and take councell against the Lord and against his Anoynted saying Let us breake their bonds asunder and cast away their cords from us he that dwelleth in Heaven shall laugh them to scorne
name and by authority of the Kings highnesse and his heyres Kings of this Realme in all Shires Counties Counties palatine and other places of this Realme Wales and Marches of the same or in any other his dominions at their pleasure and wills in such manner and forme as Justices of Eire justices of Assise justices of Peace and justices of Goale-delivery be commonly made in every shire of this Realme any grants usages prescription allowance act or acts of Parliament or any other thing or things to the contrary thereof notwithstanding By the Statute of 1. Edw. 6. cap. 2. It is acknowledged that all authority of jurisdiction spirituall and temporall is derived and deducted from the Kings Majestie as supreame head of the Realme and that no Ecclesiasticall Court can be held within the Realme but by authority from his Majestie By the statute of 5. and 6. Edw. 6 cap. 11. It is recited Forasmuch as it is most necessary both for common pollicy and duty of the Subjects above all things to prohibit restraine and extinct all manner of shamefull slanders which might grow happen or arise to their sovereigne Lord the Kings Majestie which when they be heard seene or understood cannot but be odible and abhorred of all those sorts that be true and loving Subjects if in any point they may doe or shall touch his Majesty upon whom dependeth the whole unity and universall wealth of this his Realme c. By the Statute made in the second Parliament of the first yeare of Queene Mary cap. 1. It is acknowledged that the imperiall Crowne of this Realme with all dignities honours prerogatives authorities jurisdictions and preheminences whatsoever to the same united or annexed were descended unto Queen Mary and that by force and vertue of the same all regall power dignity honour prerogative preheminency and jurisdiction did appertaine and of right ought to appertaine unto her as to the soveraigne supreame governour and Queene of this Realme By the statute of primo Eliz. cap. 1. The Queenes right as belonging to the Crowne of England and are restored to her and the Oath of supremacie enacted and then made and by another Act made the same Parliament cap. 3. Intituled an Act of Recognition of the Queenes highnesse title to the imperiall Crowne of this Realme the whole Parliament acknowledgeth the Queenes right to the Crowne by lawfull discent and succession both by the lawes of God and the lawes and statutes of this Realme with all the rights prerogatives preheminencies and jurisdictions whatsoever belonging or appertaining to the same binding themselves therein by solemne oath to maintaine the title of her and her heyres thereunto Neither can I omit to remember that famous and never to bee forgotten Act of Recognition of his right to the Crowne of England made to King James our Kings Father in full Parliament in the first yeare of his reigne which that it may the more clearely appeare what it is I have here transcribed at large without addition or diminution of word or syllable as an Act to the observance whereof I am obliged and was bound in the loynes of myne Ancestors who were then representatively present in the same Parliament which act of Parliament is thus intituled A most joyfull and just Recognition of the immediate lawfull and undoubted succession descent and right to the Crowne The act it selfe is printed in the statutes at large in these words Anno primo Iacobi Regis Great and manifold were the benefits most deare and most gracious Sovereigne wherewith Almighty God blessed this Kingdome and Nation by the happy union and conjunction of the two noble houses of Yorke and Lancaster thereby preserving this noble Realme formerly torne and almost wasted with long and miserable dissention and bloody civill warres But more inestimable and unspeakable blessings are therby powred upon us because there is derived and growne from and out of that union of those two princely Families a more famous and greater union or rather a reuniting of two mighty famous and ancient Kingdomes yet anciently but one of England and Scotland under one imperiall Crowne in your most royall person who is lineally rightfully and lawfully descended of the body of the most excellent Lady Margaret eldest daughter of the most renowned King Henry the seaventh and the high and noble Princesse Queene Elizabeth his Wife eldest daughter of King Edward the fourth The said Lady Margaret being eldest sister of King Henry the eight Father of the high and mighty Princesse of famous memory Elizabeth late Queene of England In consideration whereof albeit we your Majesties most loyall and faithfull subjects of all estates and degrees with all possible and publique joy and acclamation by open Proclamations within few howres after the decease of our late Sovereigns Queene acknowledging thereby with one full voyce of tongue and heart that your Majestie was our onely lawfull and rightfull leige Lord and Sovereigne by our unspeakable and generall rejoycing and applause at your Majesties most happy Inauguration and Coronation by the affectionate desire of infinite numbers of us of all degrees to see your Royall Person and by all possible outward meanes have endeavoured to make demonstration of our inward love zeale and devotion to your excellent Majesty our undoubted rightfull leige Sovereigne Lord and King Yet as we cannot doe it too often or enough so can there be no meanes or way so fit both to sacrifice our unfained and hearty thankes to Almighty God for blessing us with a Sovereigne adorned with the rarest gifts of minde and body in such admirable peace and quietnesse and upon the knees of our hearts to Agnize our most constant faith obedience and loyalty to your Majesty and you royall Progenie as in this high Court of Parliament where all the whole body of the Realme and every particular member thereof either by person or by representation upon their owne free elections are by the lawes of this Realme deemed to be personally present To the acknowledgment whereof to your Majestie wee are the more deeply bounden and obliged as well in regard of the extraordinary care and paines which with so great wisedome knowledge experience and dexterity your Majestie fithence the imperiall Crowne of this Realme descended to you have taken for the continuance and establishment of the blessed peace both of the Church of England in the true and sincere Religion and of the Common-wealth by due and speedy administration of Justice as in respect of the gracious care and inward affection which it pleased you on the first day of this Parliament so lively to expresse by your owne words so full of high wisedome learning and vertue and so repleate with Royall and thankfull acceptation of all our faithfull and constant endeavours which is and ever will bee to our inestimable consolation and comfort We therefore your most humble and loyall subjects the Lords Spirituall and Temporall and the Commons in this present Parliament assembled doe from
Lord and King Therefore this Oath is against the Law of Reason Lastly whereas the Law of Reason is never changeable by any diversity of place or time and whereas mine Allegiance is due to my Sovereigne in all places in all cases and at all times I am forbidden by this unchangeable Law to change so unchangeable and unalterable a duty by such an unwarrantable Oath in these changeable times To conclude all in this point as it is against reason to take this Oath so it is against reason to require it of me for it is most unreasonable to offer any Christian man such an Oath as that by taking of it he must by perjury and sin of presumption as he is perswaded destroy his soule or by refusing of it because it is against his conscience to take it either by perpetuall imprisonment or starving destroy his body and estate And it is likewise most unreasonable for any men to offer this Oath to another that have not taken it themselves for by the rule of the civill Law l. in Aren. Quod quisque which is a branch of the Law of reason Quod quisque juris in alium statuerit ipsum quoque uti debere No man ought to impose a Law upon another which he himselfe hath not submitted unto I come now in the next place to make it appeare that I cannot take this Negative Oath with a good conscience Conscience as Doctor and Student well observes l. 1. cap. 15. T is the direct applying of any science or knowledge to some particular act of a man and of the most perfect and most true applying of the same to a mans particular actions follow the most perfect the most pure and the best conscience which enabled St. Paul by his right applying of the Law of God to the Actions of his life with confidence to plead his cause before the Counsell and to cry out men and brethren I have in all good conscience served God unto this day Acts 23. 1. And in the 24 14. being accused before Felix by the Jewes saith But this I confesse unto thee that after the way which they call heresie so worship I the God of my Fathers beleeving all things which are writ in the Law the Prophets And herein I indeavour my selfe to have alwaies a cleere conscience towards God and towards men whereby it is cleerly proved that the applying of the Scriptures and the knowledge of divine truth to the actions of ourlives is and ought to be the only direction to our consciences It is expedient then for the clearing of this point that I should set forth and consider the actions of my 〈…〉 to this particular which concernes some Allegiance â—â—â—â— then I doe well remember that when I was matriculated in the University I was sworne to be a faithfull and true Subject â—o the King and to beare him â—â—ue Allegiance Secondly I have taken thâ—… of Oath which I have particularly sâ—â— downe before thâ—â— I wâ—… and â—â—â—â— bearâ— to him of life and mâ—… and terreâ—… Thirdly I have foure times taken the Oath 〈…〉 enjoyned by the Statute of 1. Ehâ— cap. 1. and three 〈…〉 Oath of Allegiance enjoyned by the Statute 3 Iac. cap. 4. It rests now that I should apply that divine knowledge and science which I have obtained â—y reading of the Scriptures to thâ—se actions First then an Oath is to be carefully weighed before we take it â—…ch as 〈…〉 duty towards our King and 〈…〉 Eâ—â—les 8 â— Ecâ—… Preâ—câ—eâ— adviseth me thus 〈…〉 of the â—â—oâ—â—h of the King and to the Oath of 〈…〉 upon which placâ—… thus glâ—sse that is â—… King â—â—â— keepe the Oath that thou hast made for that cause 〈…〉 Zachary gives us this commandement from God Zach 8 17 â—â—t none of you imagine evill in your hearts against his neighbour and love no false Oath for all these are the things that I hate saith the Lord And our blessed Saviour in his Sermon in the Mount Matth. 5. 33. Delivers me this precâ—p Thou shalt not for sweare thy selfe but shalt performe thy Oathes to the Lord By applying of these Scriptures to my former Oathes I finde I cannot take this Negative Oath without a great sinne against God and trespasse against my conscience for having bound my selfe by so many severall former oathes made to my King to pay unto him mine Allegiance faith and truth to him of life and member and terreâ—â—â— honour and acknowledged him to be supreame Governour of this Realme how can I now withdraw mine Allegiance from him or sweare that I will not aide or assist him oâ— adhere unto him by this latter without manifest perjury breach of myne Oath to the King and by taking of a false Oath or the name of God in vaine by a questionable authority imposed upon me contradictory to those Oathes which by undoubted and lawfull power agreeable to the Lawes of God and the Realme I have already bound my conscience to the observance of It fareth not with us in Oaths as it doth in cases of Lawes Quod Leges posteriores priores contrarias abrogant That the latter Lawes repeale the former that are contrary unto them for in the case of Lawes the rule is admitted to bee true where both are constituted and made by the same power but it is cleane contrary in the case of Oathes for when a man hath taken a lawfull Oath by and from a lawfull authority though it be grounded upon humane or positive law onely as upon a Statute or the like that Oath is binding to his conscience untill the Statute that injoynes that Oath be repealed by the same power that made it and if he afterwards take a contradictory Oath to that former Oath before such repeale and a lawfull authority to take the same that Oath which he so takes is both unlawfull and false unlawfull in that it is against the law that warrants the Oath he hath before taken and false in regard that he ingages himself by that Oath to performe that thing which by the Law of God and conscience he is not enabled lawfully to performe so that till the lawes that impose upoÌ„ me the Oathes of Supremacy and Allegiance which I have taken be lawfully by the same power as they were made that is to say by the King Lords and Commons by Act of Parliament repealed And this Negative Oath by the same power of Act of Parliament imposed upon me I cannot submit my conscience to take that Oath without perjury and falshood Againe when a man hath taken an Oath to performe that which by the law of God and nature he is bound to performe as to obey his King or to honour his Father and Mother this Oath can never be abrogated or dispensed withall nor a man absolved from the duty of observance of it by any power under heaven and therefore if I shall take any Oath contradictory to the former Oathes of Allegiance and duty to my King which
the Lord shall have them in derision he shall bruise them with a Rod of Iron and breake them in peeces like a Potters Vessell Be wise now therefore O yee Princes be learned O yee that are Judges of the Earth What though many Oxâ—n are come about the King and fat Bulls of Rasan have closed him in on every side that gape upon him with their mouthes as if they were ramping and roaring Lions was not this good King Davids case Psal. 22. 12. was not he hunted after by Saul to destroy his life as a man hunteth after a Partridge in the Mountaines 1 Sam. 26. 20. did not his enemies lie waiting in his way on every side turning their eyes downe to the ground Like as a Lion that is greedy of his prey and as it were a Lions Whelpe lucking in secret places Psal. 17. 11. 12. They spake against him with false tongues compassed him about with words of hatred fought against him without a cause Psal. 109. 3. And Davids enemies kept him Prisoner too as out King is for they compassed him about Psal. 140. 9. Nay he complaines more heavily they that hate me without a cause are more then the haires of mine head they that are mine enemies and would destroy me guiltlesse are mighty Psal. 69. 4. Yet what of all this Are not there many promises held forth in the holy Scriptures to us that may assure a man of the smallest faith that the King shall be reestablished in his Throne and his enemies confounded for David assures us there is verily a reward for the righteous Doubtlesse there is a God in Heaven that judgeth in the earth Psal. 58. 11. and Psal. 9. The Lord is knowne by executing judgement the wicked shall be shared in the works of their owne hands for the poore shall not be alwaies forgotten the hope of the afflicted shall not perish for ever and to prove this he affirmes by way of evidence Psa. 27. 2. When the wicked even mine enemies and my foes came upon me to eate up my flesh they stumbled and fell and Psal. 30. He shewes his deliverance by his thanksgiving in these words I will magnifie thee O Lord for thou hast set me up and not made my foes to triumph over me thou hast turned my heavinesse into joy thou hast put off my sackcloth and giâ—ded me with gladnesse How then can I dispaire of our Kings deliverance and victory I hope I may without offence say that I beleeve our King is a parallell to David in his vertues and the justice of his Cause and therefore shall with David Psal. 21. conclude this point The King shall rejoyce in thy strength O Lord exceeding glad shall he be of thy salvation thou shalt give him his hearts desire and wilt not deny him the request of his lips and why Because the King putteth his trust in the Lord and in the mercy of the most highest he shall not miscarry And for the latter part of your Argument which is that either the King will signe the Propositions and so mine estate will be confiscated or if he doe not the Parliament will doe it by their Ordinances without him I answer that I feare not his Majesties consent to give away the estates of his Loyall Subjects but if he be a Prisoner as you signifie unto me by your letters that he is I feare not much that his assent to the Propositions can take away mine estate neither doe I hold it a peece of wisdome to presse his consent perdures to such Propositions for you that are learned in the Lawes know that such consent is not any way binding at all amongst common persons a fortiori in the Kings cause And for their disposing of mine estate by Ordinance without the Kings consent I must deale plainely with you it terrifieth me not at all for I am cleerely of opinion that no Ordinance without the Kings consent is binding to the people or can alter any property that I have in mine estate by the Fundamentall Lawes of the Land And if the King should consent to such an Ordinance it were onely binding till the first Sessions of the next Parliament and then to dye of it selfe if not againe revived which if I thought you doubted of I would take the paines to cleare it by citing you authorities sufficient in the point whereupon I doubt not but you wil infer that there can be no good assurance or sale made of the Bishops lands by Ordinance without the Kings Royall and personall assent nor that both or either House of Parliament can dispose of his Royall person by any Law of the Land and I hope God will never permit them to dispose of him otherwise then to re-establish him in his Throne againe and invest him with all his Royall powers and interests which by the knowne Lawes of the Land are due unto him and to make him a glorious King according to their severall Declarations Protestations oaths of Supremacie and Allegiance and according to their solemne League and Covenant all which Protestations Oaths and Covenants every Member of both Houses either by the Lawes or by their owne Orders hath or ought to take Now as concerning the Covenant if I understand it aright the principall ends of it are the setling of Presbyterian government in the Church the extirpation of Episcopacy the right and priviledges of Parliament the preservation of the Kings Majesties person and authority which is qualified with a clause of equivocation viz. in the maintenance of the true Religion and liberties of the Kingdome to bring Incendiaries and malignants or evill instruments to condigne punishment and lastly to assist and defend all those that joyn in that League and Covenant to the ends and purposes aforesaid These being the ends of the Covenant it is expedient that I should consider whether it be lawfull to take any Covenant tending to these ends for I will not dispute the legality or illegality of taking of Covenants in generall but whether without my King and his confirmation I may make any Covenant at all with any sort of people in this Land especially to abrogate any knowne and established Law of the Land Now to pull downe that government of Episcopacy which is established by divers acts of Parliament in this Kingdome to set up Presbyterian by force of Armes which is inconsistent with the Laws and Statutes of this Realme and without the Kings consent who by his office of divine appointment is the nursing father of the Church as Isaiah 49. 22. and by the Statutes of this Land acknowledged to be supreame Moderator and governour of the Church and Kingdome as hereafter is more at large declared I very much doubt and scruple whether I may doe it and the rather for this cause for feare lest joyning in an unlawfull Covenant haply I be found to fight against God as it was said in the case of the Apostles Act. 5. 30. for if I enter into
the same that from henceforth no manner of person or persons whatsoever he or they be that attend upon the King and sovereigne Lord of this land for the time being in his person and doe him true and faithfull service of allegiance in the same or bee in other places by his commandement in his Warres within this Land or without that for the said deed and true duty of allegiance he or they be in no wise convict or attaint of high Treason ne of other offences for that cause by act of Parliament or otherwise by any processe of Law whereby he or any of them shall forfeit life lands tenements rents possessions hereditaments goods chattels or any other things but to be for that deed and service utterly discharged of any reparation trouble or losse And if any act or acts or other processe of the Law hereafter thereupon for the same happen to be made contrary to this Ordinance that then the act or acts or other processe of Law whatsoever they shall be stand and be utterly voyde provided alway that no person or persons shall take any benefit or advantage by this act which shall hereafter decline from his or their allegiance And Sir here I desire to know your opinion in your indifferent judgement upon this Law whether I need to sue out any pardon or compound for mine estate having done nothing but the duty of myne allegiance to my naturall King By the statute of 24. Hen. 8. cap. 12. It is expressed that by diverse sundry old authentique Histories and Chronicles it is manifestly declared that this Realme of England is an Empire and so hath been accepted in the World governed by one supreame head and King having the dignity and royall estate of the imperiall Crowne of the same unto whom a body politick compact of all sorts and degrees of people divided in tearmes and by names of spiritualty and temporalty beene bounden and given to beare next to God a naturall and humble obedience he being also instituted and furnished by Gods goodnesse with plenary whole and intire power preheminencie authority prerogative and jurisdiction to render and yield justice and finall determination to all manner of folkes resiants or subjects within this Realme in all causes matters debates and contentions happening or accruing within the lymits thereof By the statute of 26. Hen. 8. cap 1. It is declared in â—uâ—l Parliament that King Henry 8. was justly and rightfully ought to be supreame head of the Church of England and that he being their Sovereigne Lord his heyres and successors Kings of this Realme should be so accepted and taken and should have and enjoy as united and annexed to the imperiall Crowne of this Realme as well the title and stile thereof as all honours dignities preheminencies jurisdictions priviledges authorities immunities profits and commodities to the said dignitie of the same supream head of the said Church belonging or in any wise appertaining Which statute was confirmed and inlarged in some perticulars by the Acts of Parliament of 28. Hen. 8. cap. 10. and 35. Hen 8. cap. 1. By the Statute of 25. Hen. 8. cap. 22. the Parliament moved King Hen. 8. to foresee and provide for the profit and surety both of himselfe and of his most lawfull succession and heyres upon which depended all their joy and wealth and in whom they acknowledged was united and knit the onely meere true inheritance and title of this Realme without any contradiction wherefore wee say they your said most humble and obedient subjects in this present Parliament assembled calling to remembrance the great divisions which in times past have beene in this Realme by reason of severall titles pretended to the imperiall Crowne of the same which sometimes and for the most part ensued by occasion of ambiguity and doubts then not so perfectly declared but that men might upon froward intents expound them to every mans sinister appetite and affection after their sence contrary to the right legallity of succession and posterity of the lawfull Kings and Emperors of this Realme whereof hath ensued great effusion of mans blood as well of a great number of the Nobles as other of the subjects of the Realme c. By the statute of 27. Hen. 8. cap. 24. intituled an act for recontinuing of certaine liberties and franchises heretofore taken from the Crowne it is thus enacted 27. Hen. 8. where diverse of the most antient prerogatives and authorities of justice appertaining to the imperiall Crowne of this Realme have been severed and taken from the same by sundry gifts of the Kings most noble progenitors Kings of this Realme to the great diminution and detriment of the Royall estate of the same and to the hinderance and great delay of justice For reformation whereof be it enacted by authority of this present Parliament that no person or persons of what estate or degree soever they be of from the first day of July which shall be in the yeare of our Lord God 1536. shall have any power or authority to pardon or remit any treasons murders manslaughters or any kinde of follonies whatsoever they be Not any accessaries to any treasons murders manslaughters or fellonies or any utlayers for any such offences aforesaid committed perpetrated done or divulged or hereafter to be committed done or divulged by or against any person and persons in any part of this Realme Wales or the Marches of the same but that the Kings highnesse his heyres and successors Kings of this Realme shall have the whole and sole power and authority thereof united and knit to the imperiall Crowne of this Realme as of good right and equity it appertaineth any grants usages prescription act or acts of Parliament or any other thing to the contrary hereof notwithstanding Out of which statute I collect that no pardon whatsoever but the Kings can free me from his punishment if I have offended him against my allegiance by the reading of which Statute I doubt not but you will be satisfied that I neede not take a pardon from both houses of Parliament and if I should I can do my selfe no good by it but I should thereby make my selfe a traytor upon Record to mine owne perpetuall shame and ruine for every pardon you know if it be sued out before conviction is a confession of the fault and if pardon be not good in law yeâ— it being a matter of record the treason thereby stands confessed and the Kings Attourny may in after times take advantage of it because I have confessed it by suing out the pardon And it is also enacted by the authority of the said Parliament that no person or persons of what estate degree or condition soever they bee from the said first day of July shall have any power or authority to make any Justices of Oyre Justices of Assise Justices of Peace or Justices of Gaole-delivery but that all such officers and ministers shall be made by Letters patents under the Kings great Seale in the
Quia nullis claustris coercetur nullis metis refraenatur nullis finibus premitur it ought not to bee constrained or bridled with any bonds nor restrained to any place for a man though he may abjure his Country or his Kingdome yet he cannot abjure his Allegiance nay he cannot alien give a way or withdraw his allegiance from his King by the Law of nature to his Kings prejudice though he should gaine his liberty freedome of estate and honour or advancement unto the bargaine for St. Augustine saith nemo jure naturae cum alterius detrimento locupletior fieri debet no man by the Law of nature ought to be made richer by the losse of another but if I withdraw mine allegiance the King hath lost a subject therefore I may not doe it neither can the King release it to any of his subjects it being an inseparable accident adherent in the person of a King and is due omni soli semper to every King under heaven from his owne naturall subjects It is due to every King and alwaies to Kings and only to Kings by the Law of nature And it is only due to his person and not to his office which is only imaginary and invisible and no where formally to be found but in his person as by the said case of Calvin more fully appeares Hereupon I conclude that allegiance being due by the Law of nature to the Kings person and that I neither can abjure it nor alien it or withdraw it from him nor he release it to me and that it is only due to him and to no other I cannot take this oath and keep it without violation of the Law of nature and manifest injury both to my selfe and Sovereigne King Quia jura natura sunt immutabilia the Lawes of nature are immutable as before is observed and is plainly held forth by Bracton L. 1. cap. 6. Docter Stud. cap. 5. 6. And so from this point of the Law of nature I come to shew that this Negative Oath is absolutely against the knowne setled and established Laws of the Land the reason is because if I take it keep it it withholds me from the performance of my duty of allegiance which is due to my King from me by the Law of the land and so I am informed by the books of Law this tearm or word allegiance is rendred unto us under divers names in our Law bookes as sometimes it is called fides or faith as Bracton l. 5. Tract. de exceptionibus cap. 24. fol. 427. And so Fleta l. 6. cap. 47. Alienigena repelli debet in Anglia ab agendo donec fuerint ad fidem Regis Angliae Aliens ought to be kept from acting in England till they shall be of the allegiance of the King that is by endenization so Glanvil l. 9. cap. 1. Salva side debita domino Regi heredibus suis That is saving our faith or allegiance due to the King and his heires so Littleton l. 2. in chap. Homage where I doe my homage to my Lord Salve le foy du a nostre senior le Roy saving the faith which I owe to our Lord the King and in the Statute of 25. E. 3. De natis ultra mare these words faith and allegiance are coupled together as signifying one thing sometimes it is called obedientia Regis our obedience to the King as in the bookes of 9. E. 4. 6. 7. 2 R. 3. 2. And in the Statutes of H. 8. 14. cap. 2. and 22. H. 8. 8. and in the booke of 22. Ass pl. 25. it is called ligealty but by what name soever it bee called whether faith obedience ligealty or allegiance all is one it is due still from us subjects to our sovereigne Lord the King by the Statute of 10 R. 2. cap. 5. and 11. R 2. cap. 1. 14. H. 8 cap. 2. and many other the people are called liege people and by the Statute of 34. H. 8. cap. 1 and 35. H. 8 cap. 3. and divers other the King is stiled liege Lord of his subjects and these that are bound under the Kings power are called his naturall leige-men as in the 4. H. 3. Fitz. title Dower and 11. E. 3. cap. 2. So that I may conclude upon these authorities that Ligeantia est vinculum fidei dominâ— Regi our allegiance is the bond of our faith to the King which being so wee may well say of it as Sir Edward Cooke doth that ligeantia est legis essentia our allegiance is the essence of the Law and so it hath been often and sundry times declared by many sundry wise temperate and well advised Parliaments of England The government of Kings in this Isle of Britain hath been very ancient even as ancient as History it self for those who deny the story of Brutus to be true doe finde out a more ancient plantation here under Kings namely under Samothes grandchilde to Japhet the son of Noah from whom the ancient Britaines that inhabited this Land are according to their conceits descended Kings or Monarchs of great Britaine had and did exercise far more large and ample power and did claime greater Prerogatives over the people under their government and jurisdiction then the Kings of England have done since the Norman conquest as it is to be seen at large both in the Brittish Chronicles and records of these times and in our English histories and may also be gathered out of the writings of the Romans who invaded this Island and lived here upon the place and I doe not finde that ever the people of Brittaine made any of their Kings by election of voices or put them out at pleasure but that the Kingly government and right of the Crowne descended alwayes by hereditary descent and succession though in that infancy of Law and right it may be suspected that there was not so much regularity of justice or observation of right as in these latter more refined ages hath or ought to be I may boldly affirm and it cannot be denyed by any â—â—at hath read all the Chronicles and Statutes of this Realme that there hath beene any King of England since the conquest that hath not beene acknowledged by both houses of Parliament of their severall times to be soveraigne Lords of this Realme and their soveraigne Lords too although that some of those Kings were onely Reges de facto and not de jure Kings onely in fact and not of right and such as by the Lawes of England had no right to the Crowne and all the Parliaments since the conquest have acknowledged that the Crowne of England and the government of the Realme hath belonged to the Kings of hereditary right and not by election some of these Parliaments in more expresse and perticular manner then the rest and they of later times more amply then the ancient By the statute called Dictum de Kenilworth made 51. H. 3. King Hen. 3. is acknowledged to be