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A80241 A commission or, Position: wherein all English subjects, have their undertakings and indevours for the restitution of his sacred Majesty, unto his throne and dignity, though without commission for the same: proved to be lawfull, and their bounden duty, by the word of God, and the law of the land, and the light of reason; and that the statute law of the kingdome is their protection therein. Intended for the satisfaction of all those, who have ingaged, or shall ingage in the sayd undertaking; and an answer unto all those that urge their want of commission against them. By a lover of peace and truth. Lover of peace and truth. 1648 (1648) Wing C5556; Thomason E453_15; ESTC R204933 5,932 8

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A COMMISSION OR POSITION Wherein all English Subjects have their undertakings and indevours for the restitution of his sacred Majesty unto his Throne and Dignity though without Commission for the same Proved to be lawfull and their bounden duty by the word of God and the Law of the Land and the light of Reason and that the Statute Law of the Kingdome is their protection therein Intended for the satisfaction of all those who have ingaged or shall ingage in the sayd undertaking and an Answer unto all those that urge their want of Commission against them By a lover of Peace and Truth 2. Sam. 19.9.10 Why speake ye not a word of bringing the King backe Printed in the Yeare 1648. The Position concerning Loyall Subjects c. In the insuing discourse I am not so to be understood as that I doe believe the most noble and gallant undertakers heerein at present doe want Commission but the contrary this being intended for the satisfaction of those that believe otherwise or may doubt the case TO griefe of heart deare fellow subjects hearing it reported by some friends some enemies unto the peace of our Kingdome that it is unlawfull and punishable by the Lawes of the Land to raise force and armes for the restitution of his gratious Majesty without Commission My duty towards God mine Allegiance unto my Prince the dictate of a good conscience and my service unto the Common-wealth would not suffer me to take rest for the satisfaction of the Kingdome heerein without ingagem●nt in defence of this truth That it is not onely lawfull but also the duty and Allegiance of all and every English man to joyne and endeavour for the restitution of his sacred Majesty unto his Throne and dignity though without Commission for the same Where first observe that my meaning is not to maintaine or defend any subjects whatsoever their taking up of armes that is leavying and raising up of Armies without Commission and that lawfull too but in case of restitution of his now imprisoned sacred Majesty into his Throne and Dignity and this by Gods assistance I will make good in dispite of all truth opposers By 1. The Law of Nature 2. The Law of the Land 3. The Law of God 1. the Law of Nature makes this good in regard unto 1. His Majesty 2. The two Houses 3. Our selves 1. It is most necessary and lawfull to raise armes for the restitution of our gratious Soveraigne in a respect unto ●imselfe because both common policy and duty binde the Subject by the Statute Law of this Land to restraine all manner of shamefull slanders against their King 5.6 Ed. 6. ch 11. and if to defend him from the virulency of tongue and pen is the duty of the Subject how much more to rescue him from the violence of the sword and bondage by the hands of Rebells and Traytours yea and his sacred Person from all poyson and other danger 2. In respect unto the two Houses for the Kingdome neither hath nor ever had interest or concernment in the Army usually in the * There is no Parliament without a King neither hath any Authority to raise an Army in England but the King See my kingdoms Remedy language of the beast called the Parliament Army not medling with but laying aside their Treason and Rebellion the Kingdome hath no ty nor obligation unto them because they have betrayed their trust and have deprived them by whom they were intrusted as much as in them lay of every part of their greatest happines viz Their God and Religiō their King Laws their Liberties Immunities by Tyranny Oppression and Usurpation and doe refuse and neglect to act and performe any thing tending to their good and benefit though their owne Oathes Votes Protestations and Covenants with their Declarations and Ordinances would lead them thereunto therefore the Kingdome may and ought moving though it were but upon their owne said principles besides the Law of the Land to joyne and endeavour for his Majesties Restitution and restoration unto his Throne and dignity 3. In respect unto our selves the people of England it is Lawfull for these Reasons 1. Every thing is bound by nature to seeke and labour after the preservation of it selfe and to prevent its Ruine and destruction which of this Kingdome is threatned by severing and seperating of the King the Law and the Kingdome as hath beene somtimes maintained by the opposite party see that ever to be renowned Judge Jenkins p. 175 therefore to prevent Ruine and destruction enjoynes endeavours for the restoration of his Majesty 2. Considering we have by the two Houses lost our Birth-rights happinesse and prosperity with effusion of much innocent bloud and the expence of vast treasure which the Kingdome can never recover without his Majesties freedome honour and safety without which we shall never enjoy moment of quiet nor safety to our persons wives children nor estates and that the King being Medicus Regni the Physitian of the Kingdome without him the Nation is irrecoverably sick and he being Pater Patriae the Father of our Countrey without him all English men are miserable Orphans and he being sponsus Regni the Husband of the Realme without him all England is a widdow each whereof much more all if not remedied will prove fatall unto so notable a free-born people unto but common reason therefore the least of these are stronger and of greater authority then any paper Commission signed and sealed by the pretended two Houses and may move every serious sober minded man to joyn endeavour for the restitution of our gracious King and whosoever shall upon sound and honest principles without sinister ends use his best abilities to effect the same shall be sure to beget present happinesse to himselfe and his fellow Subjects and shall deservedly be honoured and renowned unto eternity and enjoy present favour with God and man 2. As the Law and light of nature maintaines this verity so likewise the Law of the Land both reast and pretended first the pretended Law the protestation Vow and Covenant Solemne League and Covenant with many of their Ordinances Declarations and Remonstrances speake for his honour with heede unto his Prerogative and hath often promised to make him glorious with safety not security of his Majesties sacred Person and estate but to suffer him to lye in prison is to maintaine a power above and against his Honour estate and Prerogative and if not timely prevented will prove destructive to his Person and the rest which is an open breach of all the foresaid pretended Law Secondly the reall and true Law of this Land upholds this Truth Stat. 6. Ed. 1. Liege Homage every Subject owes unto the King viz faith de membro de vitâ Terreno honore which is confirmed not onely by the former pretended Law but also by the Oa●h of supremacy which Oath was taken by every man now in both Houses though broken by them
all the words wherof to this purpose are these I promise that hereafter that I will performe all faith or Alegeance and true obedience to the Kings Majesty and his Heires and lawfull Successors and according to my power to helpe and defend all Jurisdictions Priviledges Preeminencies and Authorities granted or due to the Kings Majesty his Heires and Successors or united and annexed unto the Imperall Crowne of this Realme so helpe me God and the contents of this book Whoever hath taken this Oath and doth not to the utmost of his power labour to helpe his Majesty out of prison must needes be as guilty of perjury as they which keepe him prisoner this therefore is a sufficient Commission and is firmely made good by the Statute Law of the Land as it is peremptorily injoyned 26. Hen. 8.2 Yee shall sweare to beare faith truth and obedience all onely unto the Kings Majesty to beare faith truth and obedience there is Commission to doe him all necessary service All there the Commission is derected unto every Englishman onely to the Kings Majesty there all faith truth and obedience unto the two Houses and every other power whatsoever against or besides his Majesty in England is exploded and it is neither faith truth nor obedience to suffer the Kings Majesty to be a Prisoner and it was enacted 14 Edw. 3.5 that all Officers take an Oath well and lawfully to serve the King and his people Whereas permitting and suffering his sacred Person to remaine in prison in Carisborough Castle is wicked and unlawfull service unto both King and people againe this Commission is made good St. 7 Edw. 1. The words are these To us the King not any other it belongeth and our part is through our Royall Seigniory straightly to defend force of armour and all other force against our peace at all times when it shall please us and to punish them who shall doe contrary according to the Lawes and usages of this Realme and heereunto they are bound to aide us as their Soveraigne Lord at all seasons when need shall be When need shall be there is their Commission for can there be more need then when a good learned wise holy religious mercifull and conscientious King is traiterously and rebelliously imprisoned and his Kingdome lies bleeding and gasping at the brinck of ruin through Rebellion and Divisions See Stat. 25. Edw. 3.2 By the Law of the Land when Treason and Felony is committed it is lawfull for every Subject Vid. Judge Jenkins pag. 185. who suspects the Offendor to apprehend him and secure him so that justice may be done upon him according to the Law Idem p. 176. To deliver his sacred Majesty out of traiterous hands is every man of the Lands bounden duty Reade Judge Jenkins pag. 18. whosoever they be that shall undertake for the restitution of his Majesty though without Commission have the Law of the Land for their Protection 11. H. 7. chap. 1. which you may reade in * That Patriot of England Judge Jenkins pag. 89. but to incounter such in fight as come to ayde the King in his war is guilty of high Treason Thus you see every English Subject hath sufficient authority and it is his bounden duty though without Commission to joyne and endeavour for the restitution of his Majesty 3. This is warranted unto us by the Law of God it is a maxime amongst the Divines contra Rebelles omnis homo miles every man is to be a Souldier against a Rebell but lest wee faile let us ascend higher St. Paul injoynes us to render unto all their dues tribute unto whom tribute is due custome to whom custome Rom. 13.7 feare to whom feare honour to whom honour all which are in the highest due unto our gratious Soveraigne in his severall Dominions Tribute because he is Gods Minister custome because he is head over his people feare because he beareth not the sword in vaine honour because he is our greatest that is Politicall Father and therefore is he stiled Pater Patriae the Father of the Countrey all these dues therefore are due unto him in the first place not unto any of his Subjects but as their right and claime thereunto is derived from him by the conveyance of the Law of God and the Land and all these being primary and principall dues due from us and all his subjects how much more a rescue of his sacred Person out of the Traytours hands which you see is so strongly injoyned us all by the Law of the Land Whereunto St. Peter injoynes obedience Submit your selves unto every Ordinance of man for the Lords sake whether it be unto the King as supreame or unto Governours as those that are sent of him 1 Pet. 2.13 Submit unto every Ordinance of man there must be no slighting nor neglecting the Law of the Land but submission and obedience thereunto for this is most certaine that not the Letter or Declaration of the Law of the Land but the execution thereof makes it good and profitable for now by too dolefull and present experience wee may see that when the Law is misused dissembled with or layd aside or condemned or is done pro forma tantum and as they tearme it in France Par maniere d'acquit only it will be the certaine ruine though not at first perceived of the Common-wealth therefore this must be done for the Lords sake because the good of all is the will of the Lord Paramount the God of Heaven and earth and our submission and obedience must be in this order unto the King as supreame imprisoning therefore and securing his gratious Person is not submission and obedience thereunto because it is an extirpating and expelling his supremacy * For whosoever is imprisoned therein argues inferiority unto that power by which he is imprisoned On the contrary therefore a recovering and restoring his Majesty unto his supremacy being so strictly injoyned by the Law of the Land is a submission and obedience to that ordinance of man But I will come yet closer who they be that have exploded the ten Commandements judge deare Reader which are neverthelesse the rule of every conscientious Christians life the list whereof is honour thy Father and Mother c. which is the first with promise and that wee may the better understand the honour due let us first consider in the contrary dishonour and this shall be in Canaan son of Noah who dealing undutifully and irreverently towards his Father procured a curse A servant of servants shalt thou be Gen. 9.25 though his Father in some things was unexcusable but a wiser then Noah hath denounced a curse upon all undutifull children the eye that mocketh at his Father and dispiseth to obey his Mother the Ravens of the vallies shall pick it out and the yong Eagles shall eate it Prov. 30.17 and if it be so odious to God and man for a childe to be undutifull unto his naturall Father how much more for Naturall Subjects when they imprison their great Politicall Father and naturall Soveraigne whom in the receipt of that Homage of feare from his Subjects God hath joyned with himselfe feare thou the Lord and the King Prov. 24.21 but as God hath linckt himselfe with his Vicegerent in that command of feare from their Subjects doubtlessely were they able would have linckt them together in prison questionlesse therefore a restitution of our gracious Soveraigne Lord the King would be as acceptable in the eyes of the Almighty as if it were a restitution of himselfe and if Gods justice will be so severe upon cursed cursing thoughts against a King that a bird of the aire shall carry the voice and that which hath wings shall tell the matter Eccles 10.20 What will be his punishment of those that imprison their Liege Lord How gratious and mercifull on the contrary will he be unto them that shall restore his gracious Majesty This is an honour both of debt and duty then which for the present Subjects can doe no greater and is commanded you see both by the Law of God and the Land this was the judgement of the childrē of Israel in such a case they were at a strife for restitution of their King And all the people were at strife throughout all the Tribes of Israel saying the King saved us out of the hands of our enemies and he delivered us out of the hand of the Philistins and now he is fled out of the Land for Absolom and Absolom whom wee annoynted over us is dead in battle now therefore why speake yee not a word of bringing the King backe 2 Sam. 19.9.10 It was likewise Davids judgement And King David sent to Zadock and to Abiathar the Priests saying speake unto the Elders of Judah saying why are yee the last to bring the King back to his house seeing the speech of all Israel is come to the King even to his house yee are my bretheren yee are my bones and my flesh wherefore then are yee the last to bring back the King ver 11.12 who ever thou art then that art a Christian and an Englishman thou seest not only thy Commission and Authority but thy duty from the Law of God and the Land to joyne and endeavour for the restitution of his Majesty unto his Throne and Dignity go on therefore stoutly and couragiously God who hath given this Commission will in this cause keepe thee for himselfe looke up unto God as thy preserver and keeper and unto his Majesty as the centre of all thy earthly hopes in this Kingdome and then dost thou rightly feare God and honour the King and shalt prevaile at the last God save the King FINIS