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A79849 Transcendent and multiplied rebellion and treason, discovered, by the lawes of the land. Clarendon, Edward Hyde, Earl of, 1609-1674. 1645 (1645) Wing C4428; Thomason E308_29; ESTC R200392 18,531 28

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TRANSCENDENT AND MVLTIPLIED REBELLION AND TREASON DISCOVERED By the Lawes of the Land I had not known Sinne but by the Law 8. Rom. 7. Let our strength be the Law of Justice for that which is feeble is found to be nothing worth Therefore let us lye in Wait for the Righteous because he is not for our turne and he is cleane contrary to our doings he upbraideth us with our offending the Law Wisd. 2. 11. 12. Am I your Enemy because I tell you the truth 4. Gal. 16. Anno 1645. READER INstead of an Epistle thou shalt have my resolution concerning some particulars principally agitated at this time and necessary to be premised 1. Concerning Politicall and Regall Authority and Power and the Author thereof Politicall Authority is the power which the Supreame Magistrate hath over mens Persons and Estates over their Lives and Fortunes and such is the power of a King in his Kingdom And that power with us is to be exercised by the King according to the Lawes of the Land The originall thereof is from God who is the only Potentate The King of Kings and Lord of Lords 1. Tim. 6. 15. and from none other Men or Angells For the Creatures generally are under the Commandements Thou shalt not kill Thou shalt not steale And then cannot by any Authority of their owne warrant any man to take away anothers Life without Murther nor his Estate without Theft Only God who is the Lord of Life and Death the Lord Possessor of Heaven and Earth the Creator of all things and therefore hath a Naturall Dominion over all can Authorize in these cases And he gives this Authority to Kings and other supreame Magistrates his Vicegerents and Deputies here on earth for the administration of Iustice and for the effectuall Restraint of Sinne and Vice by the utmost of Corporall and temporall punishments and for the maintenance of Order and Government amongst men And so the Apostle tells us That there is no Power but of God Rom. 13. 1. And in the Scripture Kings are called Gods Annointed Annointed with power as the Holy Ghost phraseth it Act. 10. 38. Yea they have the Compellation of God himselfe because saith Mr Perkins they partake of his Power in their Authority and of his glory in their Majesty And Daniell tells us thrice in one Chapter That the Kingdomes also are Gods and he giveth them to whom he will 4. Dan. 17. 25. 32. For instance 't is by the Grace of God that our Soveraigne Lord Charles is King of England Scotland c. And in these Kingdomes He constitutes Governours also as he will either by His own Nomination or by Naturall Generation or by the Peoples Election I know that too to the end Popes might usurp power over Kings 't is the Tenent of the Papists and of the Parliament party That the King hath his power from the People and that they may reassume it But this Opinion is founded in Blasphemy loosens the bonds of Loyalty advanceth Popular insolency leads on to Rebellion and ends in Anarchy and Confusion And in truth all the People doe in this case or can doe is this They may in Order to the Divine disposition of things and in some tlaces they doe not without Gods especiall Inclination and direction elect such a one to be their King but they doe not they cannot invest him with Royall Authority and power which he hath from God alone at his Inauguration or first entrance upon his Kingly Office according to that Commission Dixi Dii estis I have said ye are Gods Psal. 82. 6. As in Corporations the Inhabitants doe elect the Major but they doe not conferre on him his Authority which he hath from the Kings Charter only investing him with such power and giving them power also of electing him which they could not have done without speciall Licence from the King And as it is of the Kings singular favour and indulgence that they chose their Governour And as for all their Elections the Major is Minister Regis the Kings Minister constituted in Authority by and under him in that Corporation to represent his Person and to discharge his Offices So it is between God the King and People in poynt of Election and Ministration And as God constituteth every Supream Governour so doth he every kind of Government in the World according to the Confession of the Church of Scotland delivered in these following words We confesse and acknowledge Empires Kingdomes Dominions and Citties to be distincted and ordained by God the Powers and Authorities in the same be it of Emperours in their Empires Kings in their Realmes Dukes and Princes in their Dominions and of other Magistrates in their Citties to be Gods holy Ordinance ordained for the manifestation of his owne glory and for the singular profit and commodity of mankind So that whosoever goeth about to take away or confound the whole State of Cavill Policies now long established we affirme the same men not only to be enemies to mankind but also wickedly to fight against Gods expressed will And hitherto appertaineth that Maxime Qui introducit mala peccat contra voluntatem Dei revelatam in verbo qui nova introducit peccat contra voluntatem Dei revelatam in factis He that introduceth evill things sinneth against the will of God revealed in his word and he that introduceth new things sinneth against the will of God revealed in his workes 2. Concerning the Kings Negative Vote in Parliament which the two Houses would utterly overthrow And to that end they alledge the forme of an Oath in Hen the fourths time which they say the Kings of England usually took at their Coronation and whereby they promise to protect the Lawes and to Corroborate such as the People shall chuse quas vulgus juste rationabiliter elegerit as it is rendred Rot. claus. 1. R. 2. nu 44. which the people shall chuse justly and reasonably And such was not the first controverted Bill of the Militia for it was both unjust to take the Kings Power from him and unreasonable because without the Militia he cannot according to his Oath protect the Lawes And the true sence of that branch of the Oath is expressed by that forme used at the Coronation of Edw the sixth Doe you grant to make no new Lawes but such as shall be to the honour of God and to the good of the Common-wealth and that the same shall be made by the consent of your People as hath been accustomed So that branch in the Kings Oath To Corroborate such Lawes as the People shall chuse must not be understood universally That the King is sworne to passe all those Lawes that the People shall chuse but restrictively that he shall enact only such Lawes as the People have chosen and none other And it is only a restraint and limitation of that absolutenes in Law-making exercised by the Kings of England formerly from which
Consent of the Lords and Commons assembled in Parliament and in declaring of Lawes which He cannot doe but by the proper Iudges in His severall Courts but in all other things that are not expressely restrained by Law He is free and absolute and the Soveraignty both of Iudgement and Power is in the Person of the King alone As in providing for the present safety against suddaine danger and in levying of Armes suppressing of Tumults and Rebellion convoking of Parliaments and dissolving them making of Peers granting Liberty of sending Burgesses to Parliaments treating with Forreigne States making of Warre League and Peace giving of Honour Rewarding Pardoning c. And in these and the like particulars it is that they would farther limit and restraine the King that He should not governe as He hath done formerly according to his owne judgement and will informed and Regulated by the Advice of his Councell of State and Councellors at Law but according to the judgement and with the Consent of both Houses of Parliament in some Cases according to the judgement and with the Consent of the Parliaments of both Kingdomes and in some other Cases they would assume the Government wholly to themselves and they take up Armes and fight to force the Kings Vote and assent to severall Bills concerning these particulars and so at once wholly to overthrow the Kings Soveraignty Legislative and Gubernative But though others may not yet the Lords and Commons assembled in Parliament may rise in a forcible manner and compell the King to governe as they please in some cases and deprive him of his Government in other cases as they please And others in obedience to their Authority and Command may assist in this Warre against His Majesty without Rebellion and Treason This is a false and Treasonable suggestion as Owen's was to corrupt the judgement of the People and to take off the bonds of Conscience towards His Majesty by advancing the Houses of Parliament above the King And the falsenesse and Treasonablenesse thereof will plainly appeare upon the due Consideration of the Kings Superiority to the two Houses of Parliament and of the Relation between His Majesty and the Lords and Commons assembled in Parliament and between them and us out of Parliament 1. Touching the point of Superiority between the King and the Parliament the two Houses themselves have long since determined it The Parliament 25. H. 8. declares thus This your Grace's Realme recognizing no Superiour under God but your Grace The Parliament 16. R. 2. 5. affirmes the Crowne of England to have been so free at all times that it hath been in no earthly Subjection but immediatly to God in all things touching the Regality of the said Crowne and to none other Ergo The two Houses of Parliament cannot of Right have or exercise any authority over the Crowne or the Realme over the King or the Subject of England And though some Parliaments called in troublesome times of Faction as now and overswayed by those that were the head of the most potent Faction as at this time have de facto deposed and murthered some Kings yet such instances prove no more claime of Soveraignty in the Parliament over the King then a Robber when he exerciseth an Arbitrary power over a mans person and purse And the Observator himselfe confesseth ingeniously that there was never King deposed in a free Parliament And that the Acts of the Parliament R. 2. were not so properly the Acts of the two Houses as of H. ● and his Victorious Army Nor is it Treason only but impiety also to advance the Parliament the Representative of the people above the King the Representative of God And it is to set up Kings and not by God Hos. 8. 4. Yea and against him too 2. Touching the Relation between the King and the Lords and Commons assembled in Parliament we must know this That the high Court of Parliament consists of three integrall parts the King the House of Lords and the House of Commons The King is the Head and the two Houses are the grosse Body subordinate to the King and to be considered alwayes as a part of the Parliament and in a notion under the King as well in Parliament as out of Parliament and they are subjected to the King in Parliament 1. In their persons for the King calls them together and dissolves them And as they have occasion to petition the King in Parliament they confesse themselves his Subjects and directing their Petitions to His Majesty thereby they acknowledge his Soveraignty Majesty being a Ray of Soveraignty Yea the very Legislative Acts wherein consists their Parliamentary Eminency speake them alwayes his Subjects and stile him their Soveraigne And according to the Information of the Iudges in the time of H. 8. The King in Parliament standeth in his highest Estate Royall in respect of the exercise of his Soveraigne Authority and power in making Lawes which he cannot doe but in Parliament Besides in token of his Soveraignty and their subjection the King personally taketh Homage and Oath of Fidelity of the Lords and he Commands the Commons before they Sit and Vote in the House to take the Oath of Supremacy and Allegiance whereby they acknowledge him to be the only Supream Governour in this Realme and sweare to assist and defend all Jurisdictions Priviledges Preheminences and Authorities belonging to him his Heires and Successors or annexed to the Imperiall Crowne of the Realme And farther the Lords and Commons in this present Parliament have bound themselves by their Protestation to maintaine and defend with their Lives power and Estates His Majesties Royall Person Honour and Estate So the Lords and Commons assembled in Parliament are in the condition of Subjects to His Majesty and they have sworne Fidelity and Allegiance to him and therefore they cannot rise up against the King and compell him as aforesaid without manifest Rebellion and Perjury also 2. In their Votes in passing Bills and making Lawes wherein though they concurre with the King necessarily yet 't is not by equall Authority but by consent only not as joynt Soveraignes but as free Subjects not as enacting with the King but as choosing and preparing and proposing Lawes to be enacted by the King according to the passage in the Oath That the King shall Corroborate such Lawes as the People shall chuse And without this Corroboration by the Royall assent which gives life and motion to our Lawes the Votes of the two Houses of Parliament dye in the wombe where they were Conceived like an Embrio and never see the light 3. Touching the Relation between the Lords and Commons assembled in Parliament and our selves out of Parliament we take them to be no other than our fellow Subjects and them with us and us with them to be equally subjected to our Soveraigne Lord the King who is Head both of the Kingdome and of the Parliament and to none other Nor
are they invested with any Superiority over us but are armed with some priviledges against us that we cannot arrest them or their servants during the Parliament And in case of Rebellion and Treason they are no more priviledged then we out of Parliament So then the Lords and Commons'assembled in Parliament are wholly subjected to the King their Persons to his Person and their Votes to his Vote nor are we in any subjection to them or their Votes nor have they Jurisdiction over us nor are we bound to the observance of them in any case whatsoever and our submission to them at any time is an Act of Compliance only and arbitrary and not of obedience and duty And their Votes and Ordinances in this case at this time are not legall Obligations upon but Traiterous Propositions to and publick Invitations of the people to joyne with them and assist them in their Rebellion and Treason And their partakers doe not so properly obey them having no Authority of Command as conspire with them Thus the Lords and Commons of England being alwaies subjected to the King by the constitution of the Kingdome and of the Parliament it is all one whether a Rebellion be hatched and Acted by them in or out of Parliament and if there be any aggravation 't is when perpetrated in Parliament for such Rebellion leaves a Brand upon that Parliament and is a dishonour to all Parliaments it involves in the sinne the whole Kingdome for the present and is an ill president for time to come and how shall we be ever hereafter liable to change and upon change to intestine divisions and to civill Warre it may be if as this doth so other Parliaments shall challenge to themselves absolute power to alter the established Government of the Church and State and if opposed to take up Armes for effecting it as at this day But though the name of both Houses of Parliament be used to Authorize and countenance this Rebellion yet the Lords and Commons generally doe not concurre in this Action But a great part of the House of Commons and a great part of the House of Lords driven from Westminster by the violence of Tumults and upon the Horror of their proceedings there doe oppose it both by their Declarations and by force of Armes And the Lords and Commons now remaining at Westminster are such as are either professed Enemies to the Established Government of the Church and State or malitious against His Majesty and Ambitious of His Royalties or covetous of the Revenues of the Bishops and Deanes and Chapters or lastly such as live in the Counties neare London and within their Associations and comply with them for their private interests And all that those Lords and Commons can truly challenge to themselves is that they are the Ring-leaders in this Rebellion and Treason and that they have made other their Fellow Subjects their fellow Rebells and Fellow Traitors And let such as take part with those Lords and Commons reflect upon themselves and search their hearts and examine their Consciences whether the like Seditious dispositions and perverse affections and ambitious and covetous desires and private respects did not at first engage them in this Warre and whether in their Houses they have not prevented those Lords and Commons rather then observed and followed their commands all along throughout the whole progresse of their Rebellion and Treasons and so whether their compliance be not a Traiterous Conspiracy with the Lords and Commons at Westminster rather then an act of sincere and faithfull Obedience to the Authority of both Houses of Parliament It is observed by antient Parliament-men out of Record that Parliaments have not succeeded well in five cases 1. When the King hath been in displeasure with the Lords and Commons So essentiall is the King's good will toward his Commons that it was one of the Petitions of the Commons to Ed. 3. That the Arch-bishops and all others of the Clergy should pray for it and many times are the like-Petitions for the Lords Alwaies provided that both Lords and Commons keep themselves within the Circle of the Law and Custome of the Parliament 2. When any of the Great Lords were at variance within themselves 3. When there was no good correspondence between the Lords and Commons 4. When there was no unity between the Commons themselves 5. When there was no preparation for the Parliament before it began And there is at this time a 6th unprecedented and unparallell'd case making the present Parliament not only succeslesse but also pernitious even the disloyalty and Rebellion and Treason of a party of Lords and Commons of Parliament who being assisted by the Anti-Episcopall Anti-Monarchicall Faction about London and throughout the whole Kingdom first violate the Liberty of Parliament by Tumults driving away diverse of the Members thereof then they make themselves Masters of the Militia and afterwards they raise an Army as was pretended for the defence of the Protestant Religion the Kings Authority and His Person in His Royall dignity and to maintain the free course of Iustice the Lawes of the Land the Peace of the Kingdome and the Priviledge of Parliament And being in a Military posture and having the power of the Sword they Declare themselves to be the Parliament of England and assume unto themselves a new Capacity of an absolute Body and independent State and they take upon them Authority Legislative and Gubernative and they passe Votes not in Order to the King to be proposed to him and to be enacted by him but by themselves and they publish them not as Lawes in His name but as Ordinances in their own names and to be put in execution not in a judiciary way as our Lawes are by the Ordinary Ministers of Iustice the Iudges and Iustices in their severall Courts and Countryes but by Creatures of their own making their Committees and Sub-Committees and by their Deputy-Lievtenants and in a way Extrajudiciall and Military And they force us to submit to them either by observing and doing what they enjoyn or by suffering what they impose We shall also have when they can agree upon it the like Modell of Government in the Church The Authority to be derived not from the King but from the two Houses of Parliament and to be executed not by Bishops but by Presbyters and such Church-Officers as the two Houses shall think fit to ordaine And howsoever at first they pretended that they took up Armes for defence of Religion c. yet their proceedings have been only against Religion by Law established and against the King and against Regality it selfe and against the Lawes of the Land Magna Charta and the Petition of Right and so against the Liberty of the Subject and lastly against the Peace and the very Constitution and being of the Kingdom And they fight against them that defend these and oppose their usurped power and new