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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A47935 Tyranny and popery lording it over the consciences, lives, liberties, and estates both of King and people L'Estrange, Roger, Sir, 1616-1704. 1678 (1678) Wing L1321; ESTC R16131 33,544 96

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same time his Majesties Proclamations and Declarations are said to be Contrary to Law pag. 449. And all Officers are forbidden any way to Publish or to Proclaim the same The King's Commissions of Array are Declar'd July 20. to be against Law the Liberty and Property of the Subject And the Actors in it to be Esteem'd Disturbers of the Peace of the Kingdom pag. 478. And again pag. 576. All such Persons as shall upon any Pretence whatsoever Assist his Majesty in this War with Horse Arms Plate or Monies are declar'd Traytors to his Majesty the Parlialiament and the Kingdom and to be brought to condign Punishment The Poyson of their Artificial Delusions you will find Maliciously enough Defus'd in their Remonstrance of May the 26. 1642. pag. 263. And the Doctrine of That Declaration summ'd up with great Exactness in his Majesties Answer to it contracting the Venome of it into These Six Positions First That they have an Absolute Power of Declaring the Law And that whatsoever they declare to be so ought not to be question'd either by King or People so that all the Right and Safety of the Prince and Subject depends upon their Pleasure Secondly That no Presidents can be Limits to Bound their Proceedings which If so The Government of the Turk Himself is not so Arbitrary Thirdly That a Parliament may dispose of any thing wherein the King or Subject hath a right for the Publique Good speaking all this While of the Remnant of the Two Houses That they without the King are This Parliament and Judge of This Publique Good and that the King's Consent is not Necessary So that the Life and Liberty of the Subject and all the Good Laws made for their Security may be dispos'd of and Repeal'd by the Major Part of Both Houses at any time present and by any Wayes and Means Procured so to be and his Majesty has no Power to Protect them Fourthly That a Member of either House ought not to be troubled or meddled with for Treason Felony or any Other Crime without the Cause first brought before Them that they may judge of the Fact and their Leave obtained to Proceed Fifthly That the Sovereign Power resides in Both Houses of Parliament The King has no Negative Voice and becomes Subject to their Commands Lastly That the Levying of Forces against the Personal Commands of the King tho' accompany'd with his Presence is not Levying War against the King But to Levy War against his Laws and Authority which they have Power to Declare and Signifie is Levying War against the King And that Treason cannot be Committed against his Person otherwise than as he is Entrusted with the Kingdom and Discharging that Trust and that they have a Power to judge whether he discharges it or no. And to justifie their Usurpations they do maintain pag. 270. That the Kings of This Realm are Oblig'd to pass all such Bills as are Offer'd unto them by Both Houses of Parliament It would be superfluous to tell you of their Proclaiming Fasts and Assuming to themselves other Rights of Sovereignty under the specious Pretence of a Parliament But to shew you that it was All an Imposture If the King will not Agree the Two Houses they say may Act without him If the Two Houses Differ the Sovereignty rests in the House of Commons As in the Case of a Bill they sent up to the Lords for Directing a Protestation which they had Fram'd to be generally taken throughout England This Bill the Lords Rejected Whereupon the Commons pass'd this Vote That That House did conceive that the Protestation made by them is fit to be taken by every Person that is well Affected in Religion and to the Good of the Common-Wealth and therefore doth declare That what Person soever shall not take the Protestation is Vnfit to bear Office in the Church or Common-Wealth And so they order'd the Knights Citizens and Burgesses to send down to the several Places for which they serv'd Copies of that Vote of the House concerning the Protestation and that the Vote should be Printed They began with a Contempt of the Lords they Lay'd them quite Aside at last and in the Conclusion they Themselves were upon their Own Arguments Confounded by the Rabble You see the Dominion these People Challenge over their Master and it cannot be expected that they should give any better Quarter to their Fellow Subjects But it is Their Way of making Kings Glorious and Patronizing the Liberty of the People The Positions of the English-Covenanters as to the Liberty and Propriety of the Subject IN May 1641. they enter'd upon their Design with the Protestation above-mention'd in these Words I A. B. do in the Presence of Almighty God Promise Vow and Protest to Maintain and Defend as far as Lawfully I may with my Life Power and Estate the true Reformed Protestant Religion express'd in the Doctrine of the Church of England against all Popery and Popish Innovations within this Realm contrary to the same Doctrine and according to the Duty of my Allegiance to his Majesties Royal Person Honour and Estate as also the Power and Privileges of Parliament the Lawful Rights and Liberties of the Subjects c. Here was First an Vsurpation in the Imposing of it and Secondly an Abominable Fraud in the Construction of it The Matter of it was so Plausible that it went down without much Enquiring into the Authority of it but upon the Commons declaring that the Doctrine of the Church of England had no Regard to the Maintaining of the Descipline and Government of it And Afterward that the Sovereignty was Virtually in the Two Houses and that by This Protestation they were Oblig'd to serve That Interest Mens Eyes came then to be Open'd and they saw their Errour For they were call'd upon according to their Solemn Vow and Protestation to Subscribe for Money and Plate pag. 340. and to Maintain Horse Horse-men and Arms for the Defence of the King and Both Houses of Parliament In York-shire there was a Neutrality Propounded by some Persons of Eminent Condition in the County but the Lords and Commons Declar'd against it pag. 629. as a Contradiction to the Tye of their General Protestation And it went so high that they past a Vote Oct. 15. 42. That such Persons as shall not Contribute to the Charge of the Common-wealth in This Time of Imminent Necessity shall be held fit to be Disarm'd And the same day they Voted the Sequestring of Church-Lands Delinquents Estates and Revenues of the Crown They Order'd Victuals and other Necessaries for the Army to be taken up upon Publique Faith Nov. 29. 42. pag. 763. and where any thing was Refused to Force it And likewise they appointed a Committee of Six Citizens of London or any Four of them for the Assessing all such to the twenti●th Part of their Estates as had not contributed upon the Propositions of raising Money Plate Horse c. in Proportion to their Abilities
Acts of Parliament Ninthly It is Lawful for Subjects to make a Covenant and Combination Without the King and to enter into a Bond of Mutual Defence Against the King and all Persons whatsoever tho' against several Acts of Parliament Tenthly It is Lawful for themselves sitting in an Assembly to Indict a New Assembly without the King's Consent Eleventhly If Subjects be convented before the King and Council for any Misdemeanour they may Appeal from the King and Council to the next General Assembly and Parliament if they think either the Glory of God or the Good of the Church concern'd in the Matter in Question Twelfthly They do not desire the King to Indict a General Assembly as needing his Authority but rather for his Honour and for the Countenance of their Proceedings Alledging that if the Prince shall omit to do his Duty the People from whom he had his Power Originally may Resume it Thirteenthly If the King's Voice shall be deny'd to any thing tho' never so Vnjust and Illegal that shall be carry'd by the Major part of the Assembly his Majesty is bound Jure Divino to enforce Obedience to to those Acts and the Counsellors or Judges refusing to Execute shall be Excommunicate and depriv'd of their Places and Estates Fourteenthly An Assembly may Abrogate Acts of Parliament and discharge the Subject from Obeying them if they any way reflect upon the Business of the Church Fifteenthly The Protestation of the Subjects against Laws Establish'd either before the Judges of the People or the People themselves who are born to be Judg'd doth void all Obedience to those Laws without ever bringing of them to be discuss'd before a Competent Judge Sixteenthly The Major part of the People may do any thing they say which they Themselves conceive Conducing to the Glory of God and the Good of the Church any Laws to the Contrary notwithstanding These Positions you will find in his Majesties Large Declaration concerning the Tumults in Scotland pag. 407. et Deinceps We shall now see how the Counterpart of this Confederacy behav'd it self in England And shew you the Doctrine and Principles of the Faction in the very Infancy of the Rebellion as appears out of their own Acts. See Husband 's Exact Collections Printed in London 1643. The Positions of the English-Covenanters and First In Case of the King's Authority AFter that the Faction had Extorted from his Late Majesty such Concessions as never any Prince granted before Himself And when they had Defam'd his Government and his Person and Poyson'd his People with Contemptuous and Scandalous Libels Upon March 2. 1641. They began to Vnmask and to discover to the World that their Design was not to Reform but to Govern and upon Pretence of Fearing an Invasion from Abroad took the Power of the Militia into their Own Hands at Home Resolving upon the Question p. 96. That the Kingdom be forthwith put into a Posture of Defence by the Authority of Both Houses This Vote was seconded by Another of March 15. pag. 112. That in Case of Extreme Danger and of his Majesties Refusal to give them the Power of the Militia the Ordinance agreed on by Both Houses for the Militia doth Oblige the People and ought to be Obey'd by the Fundamental Laws of this Kingdom His Majesty insisting upon the Illegality of This Proceeding Both Houses pass'd this following Vote March 16. That when the Lords and Commons in Parliament which is the Supreme Court of Judicature in the Kingdom shall Declare what the Law of the Land is to have This not only Question'd and Controverted but Contradicted and a Command that it should not be Obey'd is a High Breach of the Privilege of Parliament pag. 114. Finding themselves Pinch'd upon this Point they fly to a Distinction betwixt the Letter and the Equity of all Laws pag. 150. There is say they in Laws an Equitable and a Literal Sense His Majesty is Entrusted by Law with the Militia but 't is for the Good and Preservation of the Republique against Foreign Invasions or Domestique Rebellions not that the Parliament would by Law Entrust the King with the Malitia against Themselves or the Common-wealth that Entrust Them to provide for their Weal not for their Woe So that upon Certain Appearance ●or Grounded Suspicion that the Letter of the Law shall be emprov'd against the Equity of it the Commander going against its Equity discharges the Commanded from Obedience to the Letter The Pretence of Defending the Government is now Advanc'd to the Reforming of it Apr. 9. 1642. The Lords and Commons do Declare That they intend a Due and Necessary Reformation of the Government and Liturgy of the Church pag. 135. Having already by Violence Encroach'd upon the Militia as against a Foreign Power the First Considerable Use that they make of it is to Employ it against his Majesties Authority and Person Before Hull and Pass'd Two Votes Apr. 28. in Justification of the Action Resolved c. That his Majesties declaring of Sir John Hotham Traytour being a Member of the House of Commons is a High Breach of the Privilege of Parliament And That without Process of Law it is against the Liberty of the Subject and against the Law of the Land Nay they Vote it May 17. To be against the Law of the Land and the Liberty of the Subject his Majesties Commanding of Skippon to attend him at York and The very Removing of the Term to York from Westminster sitting the Parliament they Vote to be Illegal and Order the Lord Keeper notwithstanding his Majesties Command not to Issue out any Writs or Seal any Proclamation for that Adjournment May 20. They Order also the Putting of all the Magazines in England and Wales into the Hands of Persons well Affected to the Parliament pag. 194. They find themselves now in Condition to Threaten the King and the Kingdom with Open War And pass upon the Question these Three following Votes First That it appears That the King Seduc'd by Wicked Counsel intends to make War against the Parliament who in all their Consultations and Actions have propos'd no other End unto themselves but the Care of his Kingdoms and the Performance of all Duty and Loyalty to his Person Secondly That whensoever the King maketh War upon the Parliament it is a Breach of the Trust reposed in Him by his People Contrary to his Oath and tending to the Dissolution of his Government Thirdly That whosoever shall Serve or Assist him in such Wars are Traytors by the Fundamental Laws of this Kingdom c. And Persuant to these Votes July 12. they Resolve That an Army shall be forthwith Rais'd for the Safety of the King's Person Defence of Both Houses of Parliament and of Those who have Obey'd their Orders and Commands and preserving of the True Religion the Laws Liberty and Peace of the Kingdom pag. 457. All these Votes and Declarations they cause with all Solemnity to be Printed and Publish'd but at the