but it was fifty or sixty rotten tainted Members of the lower House small in number but great in transgression So may the Tayl nay a piece of the Tayl destroy the whole body and reign sole Lord Paramount Oh what multitudes of impieties can the wicked accomplish in an instant Seneca Nullum ad nocendum tempus angustum est malis In no longer space than betwixt the Father and the Son did these Horse-Leaches subvert our fundamental Government destroy King and Kingdom Parliament and People and all our Laws and Religion so that the question is not whether the Parliament be above the King but whether a little company of great Traytors and Usurpers the Dregs and Lees of all Tyranny be above both King and Parliament For the Parliament as you see by the joyfull recognition made to King James c. enacted and most humbly acknowledged the King to be above both Parliament and People and the Crown to be hereditary to the King and his Royal Progeny but these men and only these who by violence make themselves above both King and Parliament defending their persons from the Justice of the Law with Armed Red-Coats and the greatness of their villanies These are they who deny it though the Laws of the Realm and all Histories and all Kingdoms teach them otherwise God calleth himself a King in several places of the Scripture to note and signifie his Soveraignity which surely he would not do was the King the Peoples vassal or under Officer as the Bedlam franticks of our age feign Thou art my King O God saith David Command delâ—verance for Jacob. The King and the Power to command are Individua He is a Clout no King which cannot command And who should be under his command What The People taken particularly and distributively as single men and not collectively as the whole Kingdom according to the fanatick opinion of our Lunaticks Why is he not then called King of single men If he be King of a Kingdom then all the People jointly or severally in his Kingdom are under his command and if under his command then he only hath power to give them Laws be they in one collective body as in Parliament at the Kings house or simple bodies at their private dwellings Le Roy fait les leix avec le Consent du Seigneurs et Communs et non pas les Seigneuns et Communs avec le consent du Roy is the voice of the Common Law The King makes Laws in Parliament with the consent of the Lords and Commons and not the Lords and Commons with the consent of the King Virg. 7 Eneid Hoc Priami gestamen erat cum jura vocatis More daret Populis And 5 Eneid Gaudet regno Trojanus Arestes Indicitque forum patribus dat jura vocatis The Lords and Commons have power only to propound and advise it is only the Kings Le roy le veult which makes the Law their propositions and advice signifie nothing if the King saith Le Roy se avisera They have not power to grant him any subsidies untill the King saith Le Roy remercieses loyaulx et ainsi le veult Therefore much less the Soveraignity It would be strange if the assembling of the Subjects together should make them Masters over the King who gave them power to assemble and hath power to turn them home again when he pleaseth Legum ac edictorum probatio aut publicatio quae in curia vel Senatu fieri solet non arguit imperii majestatem in Senatu vel curia inesse saith Bodin de Rep. li. 1. ca. 8. The publishing and approbation of Laws and Edicts which is made ordinarily in the Court of Parliament proves not the Majesty of the State to be in the said Court or Parliament It is the Kings Scepter which giveth force to the Law and we have no Law but what is his Will The King surely would never call his Subjects to bind him with Laws against his will much lesse to take his Dominion from him and make himself a Vassal and Officer to his two Houses or either of them who were not capable themselves of any Office without his Gift and Licence The Kings of England have called many Parliaments yet the Government hath alwayes continued Monarchical and the King not under but above the people inferior only to God even Forein Polititians will tell you so Let famous Bodin who tanketh our Kings amongst the absolute Monarchs speak for all lib. 1. cap. 8. Habere quidem Ordines Anglorum authoritatem quandam jura vero Majestatis imperji summam in unius Principis arbitrio versari The States saith he of England have a kind of authority but all the rights of Soveraignty and command in chief are at the will and pleasure of the Prince alone Learned Cambden in his Britannia fo 163. teacheth us As touching the division of our Common wealth it consisteth of a King or Monarch Noblemen or Gentry Citizens freeborn whow we call Yeomen and Artisans or Handicrafts-men The King whom our Ancestors the English Saxons called Coning and Gining in which name is implyed a signification both of power and skill and we name contractly King hath Soveraign power and absolute command among us neither holdeth he his Empire in Vassalage nor receiveth his investure or enstalling of another ne yet acknowledgeth any superiour but God alone Now if Reason and the Judgement of our Ancestors would satisfie our frenzy upstarts what greater authority would they have But that they are troubled with so many visions and false revelations of their own I would commend to them a true vision in the Reign of Edward the Confessor viz. One being very inquisitive and musing what should become of the Crown and Kingdom after King Edwards death the blood Royal being almost extinguished he had a strange vision and heard a voyce which forbade him to be inquisitive of such matters resounding in his ears The Kingdom of England belongeth to God himself who will provide it a King at his pleasure But now forsooth it belongeth to the people and they will provide it a King at their pleasure It is the people now which make the King if so why ever had we any Kingdoms why were they not called Peopledoms The Kings of England with them of France Jerusalem Naples and afterwards Scotland were antiently the only anointed Kings of Christendom And as the Kings in Scripture as Asia Jehoshaphat Hezechiah c. so the Kings of England have alwayes had the supremacy in Ecclesiastical causes Reges sacro oleo uncti sunt capaces spiritualis jurisdictionis 33 Ed. 3. Rex est persona mixta cum Sacerdote habet ecclesiasticam et spiritualem jurisdictionem 10 H. 7.18 And although Kings ought not to be Ministers of the Chutch so as to dispense the word and Sacraments For No man taketh this honour unto himself but he that is called of God as was Aaron Hebrews 5.4 Yet since they
appoinâ— him Captains over thousands and Captains oveâ— fifties So 11 Sam. 12.29 David gathered aâ— the people together and went to Rabbath and foughâ— against it and took it But why do I cite David Had not all the Kings in the Scripture nay havâ— not all the Kings in the world the chief poweâ— over their Militia Surely nothing is more certain otherwise what difference would there be between the King and Subject Militarem autem prudentiam ante omnia necessariam Ego Principi assero adeo ut sine ea vix Princeps Quomodo enim aliter se tueatuâ— sua ac suos saith Justus Lipsius No Militia no King For how can he defend himself and Kingdome without it The Puppy dogs would master the Lyon were it not for his pawes the cowardly Owles would conquer the Eagle if he had no talons and the King would be a laughing stock both at home and abroad were it not for the sword which God not the people hath girded to his side The King beareth not the sword in vain saith St. Paul Rom. 13.4 But surely he would bear it in vain had he not power of himself to draw it or sheath it but when the people pleased he would be but a poor revenger to execute Gods wrath had the people as our Novists feign not he the sole disposing of the Militia Unges eum ducem 1 Sam. 9.16 Thou shalt annoint him to be captain over my people Which shewes the Kings right to the Militia being Captain over his people Unum est Regi inexpugnabile munimentum amor civium I must confesse the Citizens and Peoples love is the best fortresse and bulwork for Kings but Charity growes cold Loyal love and Citizens are not alwayes companions whole Cities nay whole Countries may prove perfidious to their King and whilst the King dischargeth the office of a loving father his people may turn Traytors and rebell against his goodnesse Therefore it is good walking with a horse in ones hand and ever safest for Princes even in the greatest peace to have a well-disciplin'd Militia in a readinesse for the affection of the people like the wind is never constant In Rege qui recte regit necessaria sunt duo haec arma videlicet leges quibus utrumque tempus bellorum pacis recte possit gubernari utrumque enim istorum alterius indiget auxilio quo tam res militaris possit esse in tuto quà m ipsae leges usu armorum praesidio possint esse servatae Si autem arma defecerinâ— contra hostes rebelles indomitos sic erit regnum indefensum si autem leges sic exterminabitur justitia nec erit qui justum faciat judicium The Law and Arms are so necessary and requisite in a King that without both he can have neither for how could he execute and maintain his lawes withouâ— arms and how could he levy war without lawes to direct and guide his Arms He could neither proclaim war nor make leagues or peace without them The King is Custos totius Regni and by law ought to defend and save hiâ— Realm But surely he would bâ— but a poor keeper if the peoplâ— had power to keep his weapon from him at their pleasure Custodes libertatis Angliae The Keepers of our liberty could not keep it from us without the force of the Militia and how should the King maintain his Realm in peace and defend our lives liberties and estates from the forein and domestick Tyranny of Traytors and Rebels had he not the sole power and strength of Arms The Subjects of England are bound by their liegeance to go with the King c. in his wars as well within his Realms as without as appeareth by the Statute of 2 Ed. 6. cap. 11. and by a Statute made 11 H. 7. c. 1. The Lords and Commons assembled in Parliament declare it to be the duty and allegiance of the Subjects of England not only to serve their Prince and Soveraign Lord for the time being in warres but to enter and abide in service in battel and that both in defence of the King and land against every rebellion power and might reared against him But wherefore should I make my self ridiculous in attempting to prove that which no age hath denied It hath been the Custome of all Kingdoms the practice of all times and the Common Law of the Realm of England ever since it was a Realm that the power of the Militia did alwayes belong unto the King nay it is proper to him quarto modo he hath an inherent and inalienable right to it Which right hath been declared and affirmed by many Acts of Parliament in all succession of ages which in a case so clear need not to be recited It belongs to the King only to make leagues with forein Princes 2 H. 5. ca. And as it is resolved in our Law Books if all the people of England should break the league made with a foâ—eâ—n Prince without the Kings consent yet the league holds and is not broken Nay so farr are the People or House of Lords or Commons from having the power of the Militia that as you may read the expresse words 3 Inst pa. 9. If any levy Warr to expulse strangers to deliver men out of Prisons to remove Counsellors or against any Statute or to any other end pretending Reformation of their own heads without Warrant it is high Treason For no Subject can levy Warr within the Realm without Authority from the King for to him it only belongeth O then admire at the impiousnesse and impudence of the long called Parliament who murthered their King for committing Treason against them whereas by the Laws of the Land they were the only Traytors against him So may the offender punish the offended for the offence which he himself committed and so may the Prisoner condemn and execute the Judge for the Crime whereof himself is only guilty The only reason why they demanded the Militia of the King and said that it only belonged to them was not because the King ought not to have it for they well knew that by the Law of all Ages it did only belong to him and not to them But how then could they carry on and accomplish their wicked design of Murthering him if they still let his Sword hang by his side Therefore they first laid hold on that and wrested the Militia out of his hands arguing that it did not belong to the King but to them So Murtherers may say that the Sword of him whom they intend to murther doth not belong to the owner but to them to the end they may with the more ease and safeguard perpetrate their wickedness And that they might have a shadow to hide all their filthynesse They first got several Counties to Petition for the Militia which they afterwards took by violence nay they themselves did first Petition the King for it So sturdy Beggars first beg
their free will and pleasure So that the peoples Representatives must represent these Traytors in all their wickednesse otherwise they shall be no free-Statesmen for they account that Government most for the liberty of the people wherein themselves may have liberty still to continue in their Treason Rebellion and that they call slavery and oppression of the people which would suppresse their wicked and infandous Tyranny All the reason which they can give against Monarchy is because say they many of the people would lose their interests in their new purchased estates and we should be turned out of our possessions and perhaps lose our lives too A good argument indeed if maintained by the Logick of the sword So thieves and murtherers may argue against the Sessions because then perhaps they should lose their stollen goods and be hanged for their murthers and robberies O abominable that English men should degenerate into such impious impudence for this is the truth of their case might they but still have the Kings and Bishops lands which they have gotten by their horrible Treason and Rebellion and be sure to live secure from the punishment which the Law of the Land would inflict upon them they would easily confesse if the Devil have not made them contradictors of all manner of truth that Monarchy is the best of all Governments especially for the English Nation where as one may say it grew by nature until these destroyers of the Lawes of God Nature and the Realm rooted it up and endeavoured to plant their fancied Commonwealth in its room which will grow there when plums grow in the sky or when rocks grow in the air not before as you may see by the small root it hath taken ever since the reign of Charles the Martyr Dig and delve they may yet they will never set it in so fast but that if the right heir do not which God grant he soon may the wind and ambition of some one of their own sect and faction will quickly blow it down as did Oliver the wicked c. As Monarchy is the best sort of all govetnments so the Monarchy of England is the best of all Monarchies and hath in it the perfection and all that is good either in Aristocracy Democracy or Free-State For every one knoweth that Charles the Martyr though a King yet alwayes made himself a subject to his lawes accounting his prerogative safer being locked up in the custody of the law than in the absolutenesse of his own will And what lawes of any Nation in the world did ever maintain the liberty and freedome of the people more than the Kings Lawes of England I may most truly answer none more nor so much for what greater freedome can the people wish for than not to have any lawes imposed on them than what they please and desire The Kings of England never make any law but what the people consent to the Lords and Commons have a Negative voice as well as the King Although the inferiour Members receive all their authority from the head yet cannot the head act without their consent and privity so neither â—oth the King impose any lawes on his subjects without their concurrence and approbation The House of Lords resembleth Aristocracy and the House of Commons Democracy or a free State yet the King like the Sun which doth not diminish its own light by giving light to others continueth stil a royal Monarch and without any Solecism in State I may truly say that the House of Lords did excel Aristocracy and the House of Commons Democracy in preserving the Peoples rights and wel-fare because the necessity of their joyning votes each with the other and both of them with the King in making of a Law did inhibit either of them from having an unlimited arbitrary power which either of them without the other would have and so enslave the People as the House of Commons now do according to their lusts having destroyed their Master the King and the House of Lords their Moderators Whilest the King Lords and Commons like the three Graces joined hand in hand in passing votes approved by this triple touchstone then were our Laws like Gold seven times refined which made our Nation most glorious abroad and to overflow with peace and plenty at home we were then feared not derided by all forein Kings and Princes Religion not Faction then reigned in our hearts and our industry was then to preserve not to destroy Gods Sanctuary But now since the hand hath said to the eye I have no need of thee and the feet to the head I have no need of you the whole body of our Kingdom hath groaned and every Member therof as with a Consumption is wasted and grieved The Crown is fallen from our head and we are become a reproach and hissing amongst all Nations Oh therfore to redeem our credit and long lost happiness Let us all unanimously agree to be loyal Subjects to Charls our King and let all his loyal Subjects pray for and earnestly desire his safe arrival into our England that we may once more eat the Manna of our old Laws and Religion with the sweetnesse wherof we surfeited in the reign of Charls the Martyr Then shall we beat our Swords into plow-shares and our Spears into pruning hookes faction shall not rise up against faction neither shall we learn war any more For if we be willing and obedient we shall eat the good of the Land Isa 1 19. Hor. Concines laetosque dies urbis Publicum ludum super impetrato Fortis Augusti reditu forumque litibus orbum Tum meae si quid loquor audiendum Vocis accedet bona pars O Sol Pulcher O laudande canam recepto Cáesare falix Tuque dum procedis Io triumphe Non semel dicemus Io triumphe Civitas omnis dabimusque divis Thura benâ—s Then shall we sing the publick plays For his return and holy days For our Prayers heard and Law 's restor'd From Rebels Sword Then I if I may then be heard Happy in my regained Lord Will joyn ' i th' close and O! I le say O Sun-shine day The City leading wee 'l all sing Io triumph and agin Io triumph at each turning Incense burning Thus when we have received our gracious Soveraign from his long unnatural banishment what then can the Lord do more for us that he hath not done Wherefore when he looketh that we should bring forth good grapes let us take heed that we do not bring forth wild grapes let us fear God and honour the King and meddle not with them that are given to change as God hath commanded us for if we refuse and rebel we shall be devoured with the Sword for the mouth of the Lord hath spoken it and so our last rebellion will be worse for us then the first General Monk hath amply repaired his honour which he lost by pulling down the City Gates and Perculisses and
and lawful for the King alone to command money and assistance of his subjects to subdue the Rebels and oppose a forein Navy who are coming to destroy and swallow up both King and people Surely none but a mad-man will deny but that it is most lawful just and the only safety of the people and their estates Indeed as it is the best way for a thief to binde the honest man he doth intend to robb so it is the safest and best way for that Parliament who do intend to murther the King and take away all that he hath to binde the King as fast as they can to take away his Negative voice and all his just praerogatives to make all his legal power whereby he might withstand their violence illegal Nay it is their best way to tye the King up from his meat to make him stand for a Cypher a meer nothing that so they being the predominant figures may chop off his head or do what they list with him as did the long Parliament who from trespass to high Treason against God and the King have omitted no offence undone But their soundest Doctrine will prove but Apochrypha to all honest Parliaments I do confesse that except it be in cases of necessity the King can lay no tallage upon the people without their consent in Parliament and so not shipmoney which in truth is condemned by the Statutes of 25 E. 1 34 E. 1. de Tallagio non concedendo Dangelit Englishty because the King hath restrained his power by his Statutes But if the King could not tax the people with shipmony and other impositions in extraoâ—dinary cases of necessity aa when a forein Enemy doth suddenly invade the Land being invited in by a prevalent faction in a refractory Parliament who would ruine themselves and the whole Kingdom so that they might ruine their King and fulfill their wicked wills who will not grant shipmoney or any thing else to the King lest he should be provided to oppose them and defend himself and the people in safety I say that if in this and such like cases the King may not lawfully lay tallages on the people and command their assistance I had rather be a slave than a King and should account my self the Vassal of the people not their King But in truth the King cannot denude himself of this power nor by any Statute or Law tye himself from it For it is inseparable from the Crown Et quod sceptro inhaeret non potest tolli nisi sublato sceptro And therefore cannot be taken from the King unless the Crown with it which rule the long Parliament have truly verifyed For when they had taken away his chiefest praerogative they could not forbear but presently took off his Crown from his head and then his head from his shoulders Sic transit gloria mundi (e) Aposiopesis est * Omnibus esse Lupos licet in regione Lupoporum Gal. 2.18 If I build again the things which I destroyed I make my self a transgressour * The strifes and divisions now amongst the Rebels do further the Kings Restauration to his own of which they robbed him Vid. Epist 2 part of Soveraign power Inde illis potestas unde spiritus Tertul Apol. pa. 6.5 Co. Lit. 1.12 l. 7.20 4 Inst 1. 1 Inst 110 Bodin de Rep. l. c. 8. Camden in Britan. descript Mat. 26.34 Luke 22 3 4 5 6. Ovem in fronte vulpem in corde gerentes The Nobles which were faithfull to the King they called Evil Counsellers Witness their Oath of Supremacy Dangerous and useless only to their villany Witnesse all their actions Bodin li. 2. ca. 5. King Charles his title had been good to the Crown of England though he had borrowed no part of this Claim from the Conquerour See reverend Heylin's life of King Charles Co. Lit. 1. Who then ought to have the Militia but the King Co. Lit. 108. Co. Lit. 64. Mr. Howels Philanglus â— Inst 25. Summum jus summa injuria Decl. of the Treaty p. 15. 4 Inst 9. Yet forsooth these the Lowest set up the Highest Court viz. The high Court of Justice So Servants may set up a high Court to try and condemn their Mastets Asperius nihil est humili cum suâ—git in altum 4 Inst 11. 5 Eli. ca 1. 4 Inst 8. 4 Inst 2. They are dead Members who do not Davis Irish Rep. so 90. Jer. 6.16 Psal 10.16 29.10.47.2.7.44 4. Cambdens Remains See 2 Chro. 15 17 29 30 31. Isa 49.23 Teste Anglia Bract. fo 1. Justin Institutes Fleta Davis Irish Reports fo 58. Fitz. n. 6.113.233 Calvins case so 7. 19 E. 4.46.22 E. 4. 25 E. 3.2 Leges Auredi ca. 4. Co. Lib. 4.124 See 3 Inst pag. 4. and 6. The People declare for a free Parliament but these Rebels only for themselves Read his incomparable heavenly Book which will make thee weep for our loss but rejoice and admire at his piety Luk. 11.18 See their charge against him Vulgarly called the Secluded Members So he which playeth at Knave out of doors getteth the Knave to beat all the rest of the Cards Our Soveraign Charls must be no King because pious but Oliver must be a King because a Rebel Oh the mystery of their iniquiâ—yâ— Though the Kings Nobility might not yet Cromwels might be a House of Peers Tristius haud illis monstrum nec saevior ulla Pestis ira Deum Slyâ—iis sese extulit undis What pretty names these State Thieys have for their Robberies and Tyranny viz. The titular Parliament Alas not for so good a use I commend you to the History of Independency 11th of February 1659. Cressa ne careat pulchra dies aota Brave for thieves if they might qualifie their Judges But I think they can scarce pick out men enough in England to fill up the House who will admit of their wicked Qualifications To be short saith Comines in mine opinion of all the Seigneuries in the world that I know the Realm of England is the Countrey where the Commonwealth is best governed the people least oppressed and the fewest buildings and houses destroyed in Civil war and alwayes the lot of misfortune falleth upon them that be the Authors of the war Magnae discordia pereunt concordiavalent You may guesse with what a countenance the Rump looked upon them Episcopacy was a bulwork against Popery and other factions Therfore the Papists and the Factions did batter down that to make way for their Sects which they call liberty of conscience (a) Rex (b) O Cromwel (c) Ironice [a] The King O. Cromwel c. Ironice