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A76249 A declaration against Prince Rupert, or, An argument, whereby it appears, that Prince Rupert, and all that joyne with him in this unnaturall war against the Parliament, are guilty of high-treason, with an exposition of the stat. of II. Hen. 7. whereby it appeares, that those who follow the advice and imployment of the Parliament, are freed from treason, or any other offence concerning their particular actions in that service. By P.B. gent. P. B., Gent. 1643 (1643) Wing B149; Thomason E85_24; ESTC R11609 3,985 8

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A DECLARATION AGAINST Prince Rupert OR An Argument whereby it appears that Prince RUPERT and all that joyne with him in this unnaturall War against the PARLIAMENT are guilty of High-Treason With an exposition of the Stat. of 11. HEN. 7. whereby it appeares that those who follow the advice and imployment of the PARLIAMENT are freed from Treason or any other offence concerning their particular actions in that Service By P.B. Gent. LONDON Printed in the yeare 1642. A DECLARATION AGAINST Prince Rupert THat all men may the better know their duty and upon how sure a ground they goe that follow the judgment of Parliament for their guide let them judiciously consider the true meaning and ground of the Statute of 11. Hen. 7. cap. 1. This Statute provides That none that shall attend upon the King and doe him true service shall be attainted or forfeit any thing What! was the scope of this Statute to provide that men should not suffer as Traytors for serving the King in his Warres according to the duty of their Allegiance if this had been all it had beene a very needlesse and most ridiculous Statute Was it then intended that they should be free from all crime and penalty that should follow the King and serve him in Warres in any case whatsoever whether it were for or against the Kingdome and the Lawes thereof that cannot be for that could not stand with the duty of their Allegiance which in the beginning of that Statute is exprest to be so serve the King for the time being in his Warres for the defence of Him and the Land and therefore if it be against the Land as it cannot be otherwise understood if it be against the Parliament who is the representative body of the Kingdome it is a declining from the duty of Allegiance which this Statute supposeth may be done though men follow the Kings person in Warre otherwise there had been no need of such a proviso in the end of that Statute that none should take benefit by that Statute that should decline their Allegiance that therefore which is the principle verbe in this Statute is the serving of the King for the time being which cannot be meant of a Perkin Warbeck or any that should call himselfe King but such a one as what ever his Title might prove either in himselfe or in his Ancestors should be received and acknowledged for such by the Kingdome the consent whereof cannot be discern'd but by Parliament the Act whereof is the Act of the whole Kingdom by the personall suffrage of the Peers and the deligate consent of all the Commons of England and Henry the seventh a wise King considering that what was the case of Richard the third his predecessor might by chance of Battaile be his owne and that he might at once by such a Statute as this satisfie such as had served his predecessor in his Warres and also secure those that should serve him who might otherwise feare to serve him in the Warres l●st by chance of battaile that might happen to him also if a Duke of Yorke had set up a Title against him which had happened to his predecessor he procured this Statute to be made That no man should bee accounted a Traytor for serving the King in his Warres for the time being that is which was for the present allowed and received by the Parliament in behalfe of the Kingdome and as it is truly suggested in the preamble of that Statute It is not agreeable to reason or conscience that it should be otherwise seeing men should be put upon an impossibility of knowing their duty if the judgment of the highest Court should not be a guide to them Now if the judgment of that Court should be followed where the question is W … King as it must be followed as appeares by that Statute much more then ought their judgment to be fo●●●●ed when they declare What is the best service of the ●●ng and Kingdomes and therefore those that shall gui●● themselves by the judgement of Parliament ought what●ver happen to be secure and free from all accompt and … ties upon the ground and equity of this Statute of 11. 11. H. 7 ●ap 1. B●sid●s ●t the Parliament that made this Act in that eleventh yeare of Henry the seventh had intended that those that served the King in his wars though never so unjustly begun and though against the Kingdome and the Lawes thereof should neverthelesse have been free from Treason and not punishable then had all the liberty of the Subject been inclusively given by that Act from the Subject to the King For if that were a good construction and the right intent of the Statute then had Henry the seventh a lawfull dispensation for his observing those Lawes by which our liberties were ever preserved but that Parliament never intended so as you may clearly discerne by other wholsome Acts passed the same Parliament for the preservation of every mans liberty and propriety in his estate Besides how can any people be perswaded that that Parliament would so much betray the Lawes of the Land and the trust reposed in them when as they themselves had in their own particulars so great an interest of honour and estate and whereas this present Parliament stands accused by some of desperate fortunes and lives of the same temper of that very fault which that Parliament of Henry the seventh had been guilty were the former construction rationall I hope it will gain little credit with any that have the least use of reason that such as must have so great a share of the misery should take so much paines in procuring thereof and spend so much time and run so many hazards for to make themselves slaves and to destroy the property of their estates And whereas some except against this Parliament for being the authors of their owne presidents and so varying from the course of former times let them that urge this against the Parliament know that if they have made any presidents this Parliament they have made them for posterity and upon the same or better reasons or law then those were upon which their predecessors first made any for them and as some presidents ought not to be rules for them to follow so none can be limits to bound their proceedings which may and must vary according to the different condition of times And whereas you look for presidents to prove all the Kings Army that are now with him to be Traytors remember who were adjudged Traytors in Richard the seconds time and if it were Treason in them for levying a warre before a Parliament was called and for keeping a Parliament from being called shall it not be Treason in them that warre against a Parliament when it is called Were there ever such practices to poyson the people with an ill apprehension of the Parliament Were there ever such scandals and imputations laid upon the proceedings of both Houses Were there ever so