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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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were taken up His Majesty had Promised that the Forts and Castles should be alwayes in such Hands and only such as they should have cause to confide in Ian. 27. And he accepted of Sir Iohn Coniers to be Lievtenant of the Tower of London in the place of Sir Iohn Byron Feb. 11. And he allowed their Recommendation of the Lievtenants for the severall Counties Feb. 28. And what need then of an Army to defend and secure our Liberties and Religion against Tyrannie and Popery And the truth is this pretended necessary defence and security of our Religion and Liberty against Popery and Tyrannie was only a Colour for the taking up of Armes and a sleight to gaine or rather to entrap and ensnare the People that by the Power of the Kingdome and the helpe of the People they might carry on and compasse their designe against Monarchy and against Episcopacy and the Liturgy And so the present Quarrell is for a not to be pretended to by any Law Liberty against Monarchy not against Tyrannie and for a not knowne or chosen by themselves Religion against Episcopacie and the Liturgie and not against Poperie For therein the King opposeth them and they have no enemy otherwise And this Alteration of Government in Church and State was first attempted in a Parliamentary way then it was carried on by Tumults afterward they proceeded to apparent Treason and from Treason to Treason untill at last they came to the height of Rebellion As the subsequent Discourse will show the● SEVERALL TREASONS BY the Lawes of the Land TO compasse the death of the King and Queene or to intend or imagine it To intend to deprive depose or disinherit the King if it may appeare by word or otherwise To leavy Warre against the King in this Realme or to conspire to leavy Warre against Him And this was high Treason by the Common-Law for no Subject can levy Warre in the Realme without Authority from the King for to Him it only belongeth Cook 3. part Instit. cap. de High Treason Againe if any levy Warre to expulse Strangers to deliver men out of Prisons to remove Councellors or against any Statute or to any other end pretending Reformation of their own heads without warrant this is levying of Warre against the King because they take upon them Royall Authority which is against the King Ibid. Also to detein or hold a Fortresse or Castle against the King And to deteiue or withhold from Him or against Him any his Ships or Ordinance is to levy Warre against the King in the Construction of the Law To encounter in fight and kill such as are assisting to the King in his Warres or such as come to help the King To Plot or doe any thing toward the moving Sedition either in respect of the King or his Army or to give advice or to procure or lend ayd thereunto To succour the Kings Enemies To be adhering to the Kings Enemies ayding them or giving them comfort in this Realme or elsewhere Besides other Treasons mentioned in Mr. Saint-Johns Argument upon the Earle of Strafford as 1. To endeavour to corrupt the peoples judgement and to take off the bonds of Conscience the greatest security of the Kings life as in Owen's case who said that King James being excommunicated by the Pope might be killed of any man and that such killing was not murther but only the Execution of the Popes supream sentence God forbid I said one of better judgement then Owen that I should stretch forth mine hand against Gods Annointed No saith Owen the Lord doth not forbid it you may for these reasons kill the King 2. To endeavour to draw the Peoples hearts from the King to set discord between Him and them whereby the people should leave Him and rise up against Him to the death and destruction of the King as in Sparhawks case Also at the Arraignment of the Earle of Essex the Iudges delivered ther opinions for matter of Law upon two points 1. That in case where a Subject attempteth to put himselfe into such strength as the King shall not be able to resist him and to force and compell the King to governe otherwise then according to his owne Royall Authority and direction it is manifest Rebellion 2. That in every Rebellion the Law intendeth as a Consequent the compassing the death and deprivation of the King as foreseeing that the Rebel will never suffer that King to live or Raigne which might punish or take revenge of their Rebellion and Treason And at the Arraignment of Sir Christopher Blunt That the Subject that Rebelleth or riseth in forcible manner to overrule the Royall will and power of the King intendeth to deprive the King both of Crowne and Life And that the Law judgeth not of the Fact by the intent but of the intent by the Fact How then is not this Rebellion in those who are now risen in forcible manner to overrule the Royall will and power of the King and have put themselves into such strength as the King shall not be able to resist them thereby to force and compell the King in some particulars to governe otherwise then according to his owne Royall Authority and direction and to take from Him the power of governing in some cases as of the Church and of the Militia of the Kingdome And in prosecuting this Rebellion how have they incurred severall Treasons 1. By endeavouring to corrupt the judgement of the People and to take off the bonds of Conscience the greatest security of His Majesty and to draw the Peoples hearts from the King and to set discord between him and them whereby they should leave the King and rise up against him 2. By levying Warre against the King in his Realme 3. By deteining his Forts and Castles from him and his Ships and his Ordinance 4. By encountring in Fight and killing them that assist him and by adhering to the Kings Enemies and giving them ayd and comfort 5. By compassing the death and deprivation of the King Rebels never suffering that King to Live or Raigne which might punish or take revenge of their Treason Now the method observed in this Rebellion was this The Government of the Church being in the King by Law and he governing it by Arch-Bishops Bishops c. A Bill was brought into the House of Commons for the Extirpation of them but it passed not Also the Government of the Militia of the Kingdome being by Law in the King for the effectuall protecting of the Law and his people Sir Arthur Hasterigges brought a Bill into the House of Commons for taking away the Militia from His Majesty and placing it in the hands of Subjects And this Bill was rejected with indignation When they could not compasse their designe by Vote in Parliament they attempt and prosecute it otherwise And whil'st His Majesty was in Scotland they send forth Lecturers and give licence to Pamphleters
by their preaching and writing to corrupt the judgement of the people and to take off the bonds of Conscience towards His Majesty and to draw the Peoples hearts from the King and to set discord between him and them whereby they should leave him and rise up against him And this is the scope of the Remonstrance published Decemb 15. 1641. The Peoples judgement thus corrupted and their hearts not only alienated from but also set against the King they run head long into Rebellion and first those about London conspire and goe in multitudes to Westminster with Swords and Clubs and with Clamours they revive and presse the matter of the Bill against Bishops formerly rejected And they menace affront assault and chase the Bishops then actuall Members of Parliament so that they could not sit and Vote in the House of Peers and they proclaimed the names of others of the Peers as evill and rotten-hearted Lords And they assault and evill entreat those of the House of Commons who they supposed favoured the Bishops and had Voted against their Bills and against their designe as Sir John Strangswayes c. And as they passe and repasse through the streets they utter seditious and traiterous words against the King and His Government Hereupon His Majesty exhibited Articles of High Treason against the Lord Kimbolton and the five Members the Ring-leaders in this Rebellion For endeavouring to subvert the Fundamentall Lawes and Government of the Kingdome and to deprive the King of his Legall Power and to place on Subject an Arbitrary and Tyrannicall Power For endeavouring by many foule Aspersions upon his Majesty and his Government to alienate the affection of his People and to make his Majesty odious to them For endeavouring to subvert the very Rights and being of Parliaments and as farre as in them lay by force and terrour to compell the Parliament to joyne with them in their designe But the accused Members shelter themselves under the Priviledge of Parliament though it be a maxime in Law that in case of Treason Priviledge of Parliament doth not extend is of no signification and by the power and protection of the City of London and the Counties adjacent And now they begin to put themselves actually into the strength of the Kingdom and they dispose order the Militia of the City of London under the Command of Major Generall skippon and seize on his Majesties Magazine at Hull and commit the custodie of it to Sir John Hotham And the House of Commons Petition His Majesty that the Militia of the whole Kingdome may be in such hands as they should confide in and when the major part of the Lords would not concurre with them the poore people in and about London come in a tumultuous manner to Westminster and they revive presse the matter of Sir Arthur Hasterigges Bill for the Militia formerly reiected and Petition the House of Commons against those Lords as Malignants and disturbers of the peace and desire to have their names declared and threaten to remove them Jan. 31. So they withdrew and the Militia was carried by the remaining party of the Lords In Feb and March they settle the Militia of the whole Kingdome by an Ordinance excluding His Maiesty from any power in the disposition or execution of it In Aprill they possesse themselves of the Navy-Royall And having put themselves into the strength of the Kingdom they seek to overrule the Royall will and power of the King by declaring against his Negative Vote in Parliament May 26. And to compell the King to governe otherwise then according to his Royall Authority and directions as appeares by the 19 Propositions tendred to His Maiesty Jun. 2. And upon His Maiesties Refusall of those Propositions according to the Latitude of their desires they raise an Army Iun. 10. Though His Majesty by his Declaration in answer to those Propositions which concern Religion revives and renews His promises made formerly viz. Decemb. 1. 15. to remove all illegall Innovations and to call a Nationall Synod and to abolish Offensive Ceremonies professing himselfe also willing to a Reformation of the Government and Liturgy of the Church according to His Message sent to both Houses Feb. 14. And though in Answer to the Propositions which concern the choyce of Privy-Councellors and other great Officers of State c. His Majesty promised that He would be carefull to make election of such Persons in those places of Trust as have given good testimony of their Ability and Integrity and against whom there can be no just cause of exception And that if He should be mistaken in His election and they should offend in their severall places He would leave them to the Iustice of the Law to be executed every Trienniall Parliament at the least shewing moreover that if the two Houses of Parliament should have the power of electing them great Factions animosities and divisions would follow thereupon both in the Houses themselves and between the two Houses and in the Severall Counties also Lastly touching the other Propositions though His Majesty had fully declared and shewed that they tended to the depriving Him of the Power of Protecting His People and the Lawes which He is sworne to maintain And to the very deposing of Him and of His Posterity and to the utter overthrow of that Ancient happy equall and well-poysed constitution of the Government of this Kingdome and to the overthrow and ruine of the Kingdome it selfe by destroying Monarchy and therewith Vnity by introducing Aristocracy and Division with it and Democracy and with it Tumults Violence and Licentiousnesse Though the King I say in His Answer to their Propositions had declared promised and shewed this yet they took up Armes without Authority and Commission from His Majesty and so they levy warre against our Soveraign Lord the King His Crowne and Dignity And they encounter in fight and kill such as assist the King and they gave Battell to the King himselfe in Person at Edge-hill They insist also upon the same Propositions at Oxford 1643. And upon the King's refusall of them they prosecute Warre as before Lastly the Parliament of both Kingdomes offer the same Propositions to be Treated on at Vxbridge 1644. wherein also they farther desire the concurrence and consent of the Parliament of Scotland in our Reformation of Religion in the setling and managing of the Militia of the Kingdome and in concluding of Peace and Warre with Forreigne Princes Besides they require the Cessation in Ireland to be made voyd and that the two Parliaments may order the Warre there and the Militia and conserve the Peace of the Kingdome of Ireland True it is that in some points of Regality and Soveraignty the King of England is already restrained and limited so that He cannot rule and governe absolutely as He will as in making of Lawes which He cannot doe but with the
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