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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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and when he pleaseth And here sticks the Designe at present Where the Designe sticks See the Scots papers the Lord Low●dns three severall speeches of disposing of the Kings person the Scots dissenting and interposing and pressing for his Majesties returne to his Parliament with freedome honour and safety But whatsoever they shall attempt and act against or upon his Majesty hereafter 't will be not as is pretended a due guerdon for his warre against the Parliament for he hath contracted no guilt thereby but as an effect of their conquest and an accomplishment of their Designe agitated before Their after proceedings against the King not his due guerdon but in efect of their Conquest and an accomplishment of their pretended Designe and pursued and consummate by the present warre And whatsoever their after proceedings bee his Majesty will still be Innocent And whatsoever their pretences are They will be Rebells still 7 They Declared against the Kings Negative Oath in Law-making then and now they give Lawes without him 8 Then they tendred to his Majesty Peopositions to take away the chiefe power of Governing from the King and to settle it in the two Houses of parliament And at this day they insist on the same Of the Kings negative Vote with full resolution to overthrowe the Regall and to establish a Parliamentary Government And this is the utmost of their Designe Their propositions for the chiefe power in Governing and the ultimate end of their Warre and it concernes not the King only but the Imperiall Crowne also I know these Propositions are obtruded upon the King and upon the people at present The utmost of their Designe and the ultimate end of the Warre as the only meanes of our preservation and safety against the common enemies of the Kingdome But I have shewed how some of the Propositions are uselesse in this kinde and how the others are at this time needlesse in respect of the kingdome Of these Propositions some are Civill others Military They take from the King the disposall of all Places of Honour and Judicature and Power and consequently all depend ney in these Respects forreigners may come in to rescue the King and Crowne and not to invade the Kingdome having no professed enemy at all though by their disloyall illegall violent courses they have created to themselves many Enemies both at home and abroad who also may bring in forreigne forces against them if wee agree not suddenly amongst our selves and yet not to invade the kingdome in a hostile manner the like of late having beene done by others once and againe Besides they demand these Powers not for a time only but for ever See the several papers of the Scots Commissioners concerning the Propositions of Peace and so not as a remedy against present daunger but as a foundation of another Government Under the pretence of providing for the publique safety endeavoring to overthrow Monarchy and to set up and establish Aristocracy and Democracy And as by the Act of continuation they may sit for ever so they intend doubtlesse by their Propositions to Governe for ever And the upshot of all is Who shall Governe whether the King or the Lords and Commons assembled in Parliament 9. Lastly before they tooke up Armes they claymed an absolute power over our persons and estates in Order to their Cause Their absolute power over the people in order to the present warre and to the present warre and to this day they exercise it accordingly disposing our persons and imposing on our Estates at pleasure And this their arbitrary and boundlesse power our boundlesse and unsufferable slavery is like to last for ever as their Cause and the Warre are like to bee everlasting It is like to bee everlasting See Mr. Martins speech of the Royall branches not only against King Charles but also against prince Charles and against his Heires and Successours likewise and against the whole succession from time to time as long as any of the Royall seede shall remaine and so in maintenance of their Designe against Monarchy the people will be engaged in Rebellion and embroyled in Warre from succession to succession and from Generation to Generation unlesse some speedy course be taken for composing the differences Our Rebellion warre misery endlesse and ending the warre amongst us which seeing his Majesty cannot effect by the justnesse of his Propositions nor by the reasonablenesse of his Messages nor by the graciousnesse of his Condiscentions neglected and rejected from time to time An Apostraphe to the people I thinke it may be not improperly undertaken by the people themselves who are also concerned in the differences and in the warre not only in point of duty and conscience in respect of the King but also in point of Liberty and civill Interest in regard of themselves And I would have them in the first place to petition his Majesty for a Generall Act of Oblivion to bee kept inviolably by himselfe and his posterity To petition the King for an act of Oblivion Then I would have them now they understand the falsenesse of their pretended dangers and their falsenesse touching our Religion Lawes and Liberties A Summe of the whole businesse offered to the people the nature of their Propositions and the ground and end of the warre under the pretence of defending our Religion Lawes and Liberties against Popery and Tyranny endeavoring themselves and engaging us with our lives and fortunes Jerem. 17.3 to make good their Propositions against Regalitie and Monarchy I say I would have the people of the kingdome Generally both in the City and in the severall Counties before they part with any more monies eyther by way of Taxe or Loane out of just indignation for the many fraudes and falacies obtruded on them To petition the Parliament and out of a piercing sense of their by-past sufferings and out of a pious sence of their Allegiance to the King and Crowne Isai 32.17 and out of providence to their owne good and quiet and for the good and quiet of posterity unanimously and vigorously to Petition the two houses of Parliament for the disbanding their Armies Pax quo aequi or co●firmior and dimantling their Garrisons and for inviting his Majesty to his Parliament and for a suddaine Accomodation between them with due and equall regard to the Kings legall Rights the just priviledges of Parliament The Kings right taken from him without hearing his Councell and the legall Libertie of the Subject to be determined and setled in Parliament and to bee so stated that hereafter they doe not enterfeire one against another and to be bounded so that they doe not encroach one upon another Of Magna Charta and of the Petition of Right In particular Let the people take care That if it be possible those Muniments of our Liberties Magna Charta and the Petition of Right be not
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 Wee Confesse and Acknowledge Empires Kingdomes Dominions and Cities to be distincted and ordayned by God for the Manifestation of his owne Glory and for the singular Profit and Commodity of Mankinde Prov. 24.21.22 So that whosoever goeth about to take away or confound the whole State of Civill Policies now long established Wee affirme the same men not only to bee Enemies to Mankinde but also wickedly to fight against Gods expresse Will. Confess of the church of Scotland concerning the Civill Magistrate And the first thing Wee Covenant is to defend and maintayne the Doctrine of that Church Ano. Domi. 1647. READER BEFORE I treate of the differences betweene the King and the Parliament Of the constitution of the kingdome of England and set forth the Grounds and Intents of the Warre on both sides either Party charging the Other with a Designe to overthrowe the established Government of the Kingdome I shall promise something concerning the Constitution of the Kingdome and Parliament of England And whereas there are three kindes of Governement Three kinds of Government The first Monarchicall by One The second Aristocraticall by the Nobles The third Democraticall England a Monarchy it consists of a head and a subject body by the People The Government of England is of the first sort Monarchicall And the Monarch is the Head And with us tho Barons and the People are the Subject-Body of the Kingdome The King governs the Church by Archbishops Bishops And the Civill State by Temporall Officers And to enable him for that his Administration and Government Sundry Politicall Powers in the Monarch for governing the kingdome in it selfe in order to other Princes and States the King is invested with sundry politicall Powers as of Treaties of Warre and Peace of making Peeres of choosing Officers and Councellors for State Judges for Lawe Commanders for Forts and Castles giving Commissions for raysing Men to mako warre abroad or to provide against invasions or insurrections at home benefit of Confiscations power of Pardoning and others of the like kind The necessity of these Powers in the King And by this Power and Authority he drawes a respect and relation from the Nobles and feare and reverence from the People and thereby prevents division faction in the one tumults violence and Licentiousnesse in the other and so preserves Peace and unity amongst us as also by the Authority Power aforesaid The King is enabled to discharge his Office Oath to preserve the Lawes of the Land in their force and the Subjects in their Properties and Liberties The Parliament consists of a Head and ●subject Body And as the Kingdome so the Parliament of England is constituted of a Head and a Subject-Body The King being the Head and the two Houses the Subject-Body of the Parliament The King calls the Parliament and dissolves it He calls each Baron by a peculiar Writ He sends forth Writs into the severall Counties into the Cities Boroughs for electing Knights A Proxy acts for another by assenting dissenting for him but hath no superiority or authority over him for whom he acts Citizens Burgesses to serve for them and the people meete choose accordingly send up the persons so chosen as their Proxies to sit and Vote for them by way of assent and dissent upon all occasions in Parliament and so the King and the whole Kingdome by their Representatives convene in Parliament As the Barons sweare fealty to the King at their Creation so the Law requires the Members of the House of Commons to take the oath of Allegiance Supremacy The Lords and Commons sweare fealty allegiance to the King before they are admitted to sit there The principall Power and work of the Parliament is in Law making and our Lawes are made thus Bills are framed agreed on by the Lords Commons and afterward presented to the King How our lawes are made and by the Royall assent they become Lawes And this is that which the King sweares to at his Coronation and it is well expressed in the forme at the Coronation of Edward the sixt in these following words The Oath at king Edwards Coronation Doe you grant to make no new Lawes but such as shall be to the honor of God and to the good of the Common-wealth and that the same shall bee made by the consent of your People as hath beene accustomed Liberty of vote an essentiall priviledge of Parliament And in passing of Bills The King the Lords and the Commons are to Vote freely and this liberty of Vote is the most essentiall priviledge of Parliament yea The King and the Lords and Commons Of their Negative Votes have every of them their Negative Vote in this Case thereby to preserve themselves and theis Rights and Priviledges one against another And so to keepe the Constitution of the kingdome inviolate And it is a peculiar Priviledge of the house of Commons to make the first Propositions for the Levies of Money The priviledge of the House of Commons which is the Sinews both of Peace and Warre Also that house takes notice of the violating of our Liberties and impeacheth those that have oppressed and grieved the Subject And the Lords proceede against them in a judiciary way The Judiciary power of the house of Lords to remedy misgovernment punish them But in this Case the Law sayes The King can doe no wrong And if any thing be done amisse in matter of State the Councell If in matter of Justice The King can doe no wrong the Judges must answer for it as themselves have declared May 19. Husbands Collect pag. 199. The House of Lords hath also a judiary Power upon Writts of Error brought against Judgements in inferiour Courts Also eyther House hath Power over their own Members But over the Subject at large and in Generall without the Kings Concurrence neither house hath Power nor both of them joyned together Much lesse have they power over their Soveraigne Lord the King They ought to support the king and the Crowne not to invade and null them who hath no Superior under God 25 Hen. 8. much lesse over the imperiall Crowne which hath beene free at all times and in no earthly Subjection but immediatly to God in all things touching the Regality of the said Crown 16. R. 2.5 And which was never invaded by any Parliawent before and there is nothing of Power extraordinary in the present Parliament but of cantinuance only being not to be dissolved but with the consent of both houses of Parlament The
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