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A86679 The royall, and the royallist's plea. Shewing, that the Kings Majesty hath the chiefe power in this realme, and other his dominions, (1 Pet. 2.13.) And to him the chiefe government of all estates of this realme, whether they be civill or ecclesiasticall, in all causes doth appertaine. Artic. 27. of Religion concerning magist. Hudson, Michael, 1605-1648. 1647 (1647) Wing H3262; Thomason E390_19; ESTC R201538 20,403 30

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Collect. of Remonst pag. 100. And from those expresse ends in the Propositions on both sides must we judge as of the warre so of the incidents thereto Malignancy Delinquency Covenanting c. And of the consequents thereof the blood-shed and spoyle in England and the losse of Ireland and the blood and treason to be expended in the recovery thereof and the deposing of the king though no protestant Parliament ever did so and Protestants generally abominate the doctrine of Deposing of Kings Dan. 2 2● Dan. 4.17.25.32 Rom. 13.14 4. The Observator himselfe sayes That never was any King deposed in a free Parliament But whether the Parliament may depose the King because he hath taken up Armes and sought against them For recovery of his Revenues c. For vindicating the Lawes of the Land and his Legall power and Rights For Redeeming the Subject from illegall power c. And because he will not assent to their Propositions and renounce his Cause and ruine his friends and betray the Crown They cannot in justice or in gratitude depose the King and depose and degrade himselfe and his Posterity Also whether they may depose him after hee hath by severall Acts of parliament asserted our Liberties and offered to passe whatsoever is desired against papists And after his gracious condiscentions touching the Forts and Castles and the Militia The depriving of the King a consequent in every Rebellion for our security and after his other condiscentions declared in his answere to the ninteene Propositions And after his gracious Messages from Nottingham and Oxford both that upon the Treaty there and the other about a yeere since which see before 1 Sam. 26.9 How wee must judge of their after proceedings with his Majesty The true state of the question on the Parliaments side in referrence to the Liberty of the Subject in generall and more particularly of the Royall Party But this is an ordinary consequent in every Rebellion The Rebels not suffering the king to live or Reigne which might punish or take revenge of his Treason as is evident in Ed. and Ki. both the second And this also the Judges delivered for matter of Law at the arraignement aforesaid And in this case must we ground our judgement of their after proceedings with his M●jesty on the Sentence of the Lawe and on the Evidences of Histories and not on their Declarations alterable at pleasure as themselves averre Lastly the promises considered The true state of the Question on the Parliaments side in referrence to the Liberty of the Subject in generall and more particularly to the Royall party is cleerely this Not whether the Lords and Commons assembled in Parliament have power over our Lawes Lives Liberties and estates in Case of defence as aforesaid But whether they have power to compell us to serve with our persons and estates in the present warre against his Majesty and in Case of refusall whether they may proceede against us and whether each house hath power in this Case to sequester and imprison us As also his Majesties taking up Armes for the reasons above mentioned and requiring us to assist him in this warre whether they may question and punish us for such assistance These legall Oathes obliege us rather then our late vowes and covenants seeing we are bound by the Oathes of Supremacie and Allegiance to assist ●nd defend all Jurisdictions Preheminencies and Authorities belonging to the King his Heires and Successours or annexed to the Imperiall Crowne And for such Deede and Service we are utterly discharged of any vexation trouble or losse 11. Hen. 7. cap. 10. And whereas the Parliament in their answeres hereto grant it to be dutie of allegiance Ob. to serve the King in warre for the defence of him and of the Land but not in warres against the Land or the Parliament the Representative body thereof It may be replied and truely Sol. That the greater part of the Lords and Commons and consequently of the people of the Land taken collectively and in Parliament joyned with the King before the Tumults as did the greater part of the people diffusively take part with his Majesty before they called in our brethren of Scotland Upon 〈◊〉 what termes they called in the Scots whom they invited by severall Messages Declarations Protestations Attestations Asseverations and Oathes They professe declarations alterable at pleasure See the Scots papers printed at Edinborough June 1646. in testimony of their unshaken Resolved and constant Loyalty to his Majesty and to his Posterity But now they have Notoriously and professedly revolted from both and when the Scots-Commissioners urged those Declarations and attestations against them and their proceedings they answered that Returnes should not be made against England upon their former Declarations as if they were obligations whereas they were alterable at pleasure And now that by the helpe of our Brethren they are Conquerors and absolute Masters of all see how they fall againe upon their designe against his Majesty and against Monarchy and drive it on with all might and main and by all waies and meanes now as at the beginning and what was Treason before is Rebellion now Their Proceedings after the Warre the same as before the Warre They stickle about the Elections 1. Then they stickled for such men to bee elected into the House of Commons as were of their opinions and inclinations and so they doe now Bills against Bishops for the Militia 2. The Bills against Bishops and for the Militia were in the first place insisted on then and so they are now 3. Seditious and Trayterous pamphlets were published then Trayterous Pamphlets as now by Mr. Lilburne by Mr. Chaloner and his vindicator by the authour of the booke called The unhappy game betweene the Scots and English and by others professed enemies to his Majesty and Monarchy Tumultuary Sectaries 4. Tumultuous Sectaries were raysed and countenanced to force the votes of the Members of both Houses of Parliament then An Independent Army and an Indepentent Army is raysed and continued to force the Kings vote now Of the Forts Castles 5. They seized on the Forts and Castles and the Militia and the Navy then and they detayne and dispose them now as then for securing not the kingdome but themselves and their Designe Of deposing the King S●e the premised opinion of the Ju●ges concerning the deposing of kings and the Histories of Ed. and Ric. both the 2 6. Then Mr. Martin said openly That the Kings Office was forfeitable and Sir Henry Ludlow That his Majesty was not worthy to be King of England and the two houses Declared That if they followed the highest precedents of other Parliaments they should not want modesty or duty and now they tell us in the answere to the Scots papers That the King is not in a condition to execute the duty of his place or to bee left to goe or reside where
offer to his Majesty 19 Propositions destructive of Regality and Monarchy Iune 2. And they enforce them as absolutely necessary to the publique safety whereas to the Kingdomes security The Forts and Castles and the Militia and the Navy alone are sufficient in case of danger and so the particulars are proposed and imposed on his Majesty only by way of designe to undermine Kingship and Monarchy And his Majesties former condiscentions touching the Forts and Castles and the Militia and the Navy Note being more then sufficient against their pretended dangers at present they also are demanded not for necessity but meerly of designe and policie They claime an absolute power over the Subject in Order to their Cause and to the present Warre And they take up Armes in prosecution of these Propositions and demands Iune 10. After they had in the forecited-Declaration of May 26. claimed a power over the people of the Land to dispose of their persons and estates in Order to their Cause and to compell them to serve in the present Warre The whol Series of Occurrents discover their Designe Thus the entire Series of Occurrents from their Summons to their Armes plainly discovers the malice of their hearts and the Reality of their Designe against the King and against the Crowne The severall particulars shew how they have moved from time to time And the severall particulars shew cleerly how they have moved from time to time first in a Parliamentary way by Bill then by Pamphlets in a seditious way afterwards in a Tumultuary way against the Parliament Next under the pretended priviledg of Parliament against the king Then by usurping the strength of the Kingdome and with insolency against his Majesty and not without attempts upon the Crowne it selfe And lastly other meanes being ineffectuall by force of Armes Why they raysed their Arms and continue them when they will lay them downe raysed at first to maintain and make good whatsoever they had preferred published acted usurped spoken declared proposed and to drive on their Designe against the King and to alter the Government of the Kingdome and to this day continued to perfect that alteration begun in part already and not to bee laid downe till it be compleated and setled to the utter overthrow of Monarchy and consequently to the Ruine and destruction of his Majesty and his Posterity who are the only Rub in their way and to be necessarily removed before their dominion can be established I shall omit all other Particulars before rehearsed leaveing them to the further consideration of every private man and insist only on the Propositions Why the other particulars were omitted and the Propositions only insisted on which are the very drift of all the former proceedings and a lively Portraiture of the whole Plot and the reason of the first Armes and the constant Argument of their Treaties and consequently the ground and end of the Warre The true state of the Warre on the Kings side and on the Parliaments THE Lords and Commons assembled in Parliament alleage That there was a Designe by Papists The Allegation of the Lords and Commons for taking up Armes and by an ill-aff●cted Party to overthrowe our Religion Lawes and Liberties and to introduce Popery and Tyranny and that they tooke up Armes to defend our Religion L●wes and Liberties The King alleageth That there was a Designe by a factious seditious anti-Monarchicall Party The Kings Allegation for his taking up of Armes to overthrowe the established government of Church and State and to settle the chiefe Power and Government in the two Houses of Parliament And that upon their Allegation aforesaid and in Order to their Designe aforesaid the two Houses have claimed and exercised a Soveraigne Power over the Lawes of the Land and an Arbitrary and Tyrannicall Power over our persons and Estates and have levyed warre and compelled us to serve in the warre as was pretended to keepe out Tyranny and Popery and so to carry on their Designe against Regallity and Monarchy And his Majesty tooke up Armes as he alleageth to maintaine the ancient Government of the Kingdome and our established Religion Lawes and Liberty Now the true cause of taking up and continuing of Armes on each side The true Cause of the war on both sides is best knowne by their Propositions offered before and treated on since the warre The Parliaments Propositions The Parliaments Propositions THAT a Bill be passed for the utter abolishing and taking away Arch-Bishops c. For abolishing Bishops For nominating the Officers of State and the Judges in England That the Lord high Steward of England Lord high Constable Lord Chancellor or Keeper of the Great-Seale Lord Treasurer Lord Privy Seale Earle Marshall Lord Admiral Warden of the Cinque-ports Chancelour of the Exchequor Master of the Wards Secretaries of State two Cheife Justices and the Cheife Baron be nominated by both Houses of Parliament The like for Ireland The like for the kingdome of Ireland as touching the Deputy or cheife Governour or other Governour there and the Presidents of the severall Provinces the Chancellor or L. Keeper L. Treasurer c. The Educating of the Kings children That he or they unto whom the Government of the kings children shall be committed shall bee approved of by both Houses of Parliament and their servants likewise For marrying them That no marriage shall be concluded or treated for any of the Kings children with any forraigne Prince or other person whatsoever abroad or at home without consent of the Parliament For the Militia That the Militia be setled and the Subjects of the Kingdomes of England and Ireland be appointed to be Armed Trayned and Disciplined in such manner as both Houses of Parliament shall thinke fit For the Admiralty and Navy That the Admiralty and force at Sea and power of raysing Money for the maintenance of those Forces and of the Navy bee setled in the two Houses of Parliament For the Forts and Castles That the Forts and Castles of the Kingdome shall be put under the Command and Custody of such Persons as shall be approved of by both Houses of Parliament For the votes of Peeres to be made hereafter That no Peere made hereafter shall sit or vote in Parliament unlesse they bee admitted thereto by both Houses of Parliament For concluding of Peace war That the Concluding of Peace and Warre with forraigne Princes and States bee with the advice of the Parliaments of both Kingdomes A quere upon the Parliaments Propositions Now the Question is Whether these Propositions considered The two Houses of Parliament doe truely take up Armes and continue them for the defence of our Religion Lawes and Liberties against Popery and Tyranny as is alleaged by them or not rather for the overthrowe of the established Government of Church and State and of Reg●llity and Monarchy and for setling the
cheife Power in the two Houses of Parliament as is alleaged by his Majesty There are I know other Propositions concerning Delinquents but subordinate to those that tend to the alteration of Government Their Propositions concerning Delinquents Their Delinquents being only such as are enemies to their Cause and have from time to time opposed their proceedings against the King and against the present Government as appeares plainly by their Ordinances concerning Delinquents and by the Catalogue of Delinquents delivered in at the Treaties and inserted amongst their Propositions And they prosecute them not in a Judiciary and Parliamentary way as Legall offenders but in a Military and Hostile way as an adverse party Opposite to them and their Designe Now whether these Gentlemen be Delinquents or no shall be shewed afterward upon stating the warre on both sides Delinquency being not where the Cause is just and the warre lawfull but where the Cause and the warre are unjust and unlawfull that is the Delinquent Party Their Propositions concerning Papists I have omitted Their Propositions concerning Papists because the King assented to them And how did they take up Armes for the defence of our Religion against Popery Concerning our Liberties they proposed nothing No Proposition concerning our Liberty all the Grievances set forth by the Lords in their Petition presented to his Majesty at Yorke being remedied by severall Acts at the beginning of this Parliament And how then did they take up Armes for defence of our Liberties against Tyranny Also there is nothing proposed concerning our Lawes their whole proceedings being against Lawe An observation of the Kings Commissioners at Uxbridge eyther against the twenty fift of Edward the third in point of Treason against the King Or against Magna Charta and the Petition of Right in point of oppression of the Subject As also by their Orders The two Houses and each House and their Committees stop the proceedings of the Courts of Justice in Suites of Lawe betweene Man and Man And so the Kings Commissioners at the Treaty at Uxbridge observed That after a warre of neere foure yeeres for which the defence of the Protestant Religion The liberty and property of the Subject and the priviledges of Parliament were made the cause and ground in a Treaty of twenty daies nor indeede in the whole Propositions upon which the Treaty should be there hath been nothing offered to be Treated concerning the breach of any Law or of the Liberty and Property of the Subject or Priviledge of Parliament but only Propositions for the altering of a Government established by Lawe and for the makeing new Lawes by which all the old are or may bee cancelled The Kings Propositions The Kings Propositions For his Revenues Magazine c. THAT his Majesties owne Revenue Magazine Townes Forts and Ships which have beene taken or kept from him by force bee forthwith restored unto him For maintayning the Lawes of the Land the kings Legall Power Right For the Liberty of the Subject against illegall Power That whatsoever hath beene done or published contrary to the knowne Lawes of the Land or derogatorie to his Majesties Legall and known Power and Right be renounced and recalled that no seede may remaine for the like to spring out for the future That whatsoever illegall power hath beene claimed and exercised over his Subjects as imprisoning their persons without Lawe stopping their Habeas corpus and imposing upon their estates without Act of Parliament eyther by both or eyther House or any Committee of both or eyther or by any persons appointed by any of them bee disclaymed and all such persons so Committed forthwith discharged That as his Majesty will readily consent having done so heretofore to the execution of all Lawes already made Against Popery and to any good Act to be made for the suppressing of Popery and for the firme setling the Protestant Religion by Lawe established So he desires that a good Bill may bee framed for the better preferring of the booke of Common-Prayer from the scorne and violence of Brownists For the booke of Common Prayer Anabaptists and other Sectaries with such clauses for the ease of tender Consciences as his Majesty hath formerly offered That all such persons as upon the Treaty shall be excepted out of rhe generall Pardon shall be tryed per Pares For the tryall of Delinquents according to the usuall course and known Lawes of the Land and that it be left to that eyther to acquit or condemne them Now the question is A quere upon the Kings Propositions whether these Propositions considered the King doth truely take up Armes and continue them to maintaine our Religion Lawes and Liberties against Popery and Tyranny as is aleaged by his Majesty or to overthrow them as is alleaged by the two houses of Parliament But the Lords and Commons pleade for themselves finally That they tooke up Armes and continue them The final Plea of the Lords Commons retorted to prosecute their Propositions only in Order to the defence of our Religion Lawes and Liberties Or rather they tooke Armes and continue them for the defence of our Religion Lawes and Liberties only in Grder to the prosecution of these their Propositions and of their Designe Seeing they will not acquiesce in his Majesties which are directly and apparently for the establishing of our Religion Lawes and Liberties against Popery and Tyranny but offer and presse their owne Propositions to the overthrow of our Religion by Lawe established and of the established Government of Church and State Besides before Armes were taken up his Majesty was pleased to recede from his Right touching Forts The King recedes from his Right from the● rigour of his Propositions and Castles and the Militia and he condiscended to them in divers other particulars touching their nineteene Proposititions thereby if possible to have prevented the Warre amongst us And after that Armes were taken up and the kingdome embroyled in Warre to prevent the further mischiefes thereof his Majesty was pleased to recede from the rigour of his Propositions and at the Treaty at Uxbridge by his Commissioners he would have complyed in severall particulars touching the Bishops and the Deans and Chapters and he would have trusted them with the Militia for two yeeres and afterward by a Message from Oxford he graciously condescended 1. That all who are Protestants should have the free exercise of Religion according to their owne way The Kings Message from Ozford 2. That the two houses of Parliament should have the Militia for 7 yeeres 3 That they pro hac vice should chuse the Lord Admirall and Officers of State and the Judges 4. That the businesse of Ireland should be referred wholly to them 5. That hee would joyne with them in an Act for the payment of the publique debts 6. That he would passe a Generall Act of Oblivion I say the King was pleased in