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. â— 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
they receded by degrees using first the advice of the Bishops and Barons in making their Lawes and afterward their Consents also then not their advice and consent only but also the advice and consent of the Commons also And hitherto doth the clause in the Oath relate To the end that no Law not agreeing with the Interest of every of the three formall parts of the Kingdome might passe to the maiming and enfeebling of the established frame of the Kingdome And these formes in Rich 2. and Edw 6. are cited by the Lords and Commons in their Remonstrance 2. Novem. 1642. 3. Concerning the Kings Councells Beside his great Councell the Lords and Commons in Parliament The Law takes notice of the Kings Power to Sweare unto himselfe a body of Councell of State which our Lawes call sometimes his Grand Councell and to sweare unto him all Councellors at Law even the Judges and others learned in the Law those to advise him in matters of State these in matters of Justice And hence is that Maxime in Law The King can do no wrong if any ill be committed in matters of State the Councell if in matters of Justice the Judges must answer for it And it will be very preposterous to make the two Houses of Parliament the Kings only Councellors in these cases if things shall be managed by the major part of the House of Commons as now they are for that House hath not in it an hundred Knights of the Shires and three or foure hundred Citizens and Burgesses which may be all Mechanicks and so unfit Councellors in those cases And who with the help of the Tumultuous People about London may deale with the King and Nobles and Gentry as they please And because the two Houses are a numerous body and the King a single Person therefore to counterpoise them doth the Law expresse the King hath a Councell of State and Councellors at Law faithfully to advise him in his Government that be may neither doe nor receive any wrong especially in Parliament where the wrong may be perpetuall How unjust then and unreasonable is it at this time to debarre or remove those Councellors from His Majesty and to expresse no legall cause against them to which the King hath ever submitted them 4. Concerning the Tumults raised and countenanced this Parliament whereof if any man doubt let him consider 1. That multitudes of People went to Westminster with Clubs and Swords crying No Bishops No Bishops 2. That they assaulted the Bishops and would not suffer them to come to and sit in the House of Lords 3. That upon the Complaint of the Bishops the House of Lords twice moved the House of Commons to joyne with them in an order against Tumults 4. That the Lords having in vaine tryed that way upon the advice of the Judges sent a Writ to the Sheriffe and Justices for setting watch and ward and hindring all Tumultuous Resort to Westminster And for it one of the Justices was sent to the Tower by the House of Commons 5. That they assaulted and evill entreated some of the Members of the House of Commons as Sir Iohn Strangswayes who also complained of them in the House 6. That Mr Kyrton a Member of the House of Commons offered proofe to the same House that Captaine Venne severall times sent and sollicited the People to come downe out of the City of London with Swords and Pistolls when he had told them or sent them word by his Wife that the worser Party was like to have the better of the good Party 7. That Decemb 31. His Majesty sent a Message to the Lord Major of London for endeavouring to suppresse the like Tumults and that at a Common-Councell held that day the Lord Major and Aldermen found that there had been Tumultuons and Riotons Assemblies spread day and night in the City c. 8. That Jan. 31. The poore People about London preferred a desperate Petition to the House of Commons against some of the House of Lords whereof in its due place Now by the ancient Law and custome of the Parliament a Proclamation ought to be made in Westminster in the beginning of the Parliament That no man upon paine to loose all that he hath should during the Parliament in London Westminster or the Suburbs c. weare any Privy Coate of Plate or goe armed during the Parliament and the reason hereof was that the high Court of Parliament should not thereby be disturbed nor the Members thereof which are to attend the arduous and urgent businesse of the Church and Common-wealth should be withdrawne Cook 4. part Instit. l. 1. of the high Court of Parliament 5. Concerning the Cause of the Warre on the Parliament side Sometimes it is pretended that the first Army was raised to fetch in Refractory Delinquents and to bring them to coudigne punishment But who are those Delinquents Such as apply themselves to the King and were ready to assist him in the Recovery of his Rights taken from him his Magazine at Hull the Power of the Militia the disposition of the Forts and Castles his Navy c. As for other Delinquents His Majesty left them to their Justice at the beginning of the Parliament And they proceeded against whom they pleased The Earle of Strafford and the Arch-bishop of Canterbury but whether they or their Judges proved Delinquents most men now know And yet they spared whom they pleased in Relation to their Designe as the Lord Privy Seale c. Againe as those Delinquents were of their owne making so the necessity of raising an Army to bring them in was from themselves for whereas that is done ordinarily by the Posse Comitatus they had dissolved it by their Vote 15. March 1641. That the severall Commissions granted under the Great Seale to the Lievtenants of the severall Counties are illegall and voyd Though such Commissions had been in use during the Reignes of King Iames and Queene Elizabeth of blessed Memory and the ordering of the Militia had been ever in the Crowne And the Crown hath its Customes as well as the Subject his and not to be violated by the Subject So then Armes were taken up not in a judiciary way to force Delinquents properly so called and to punish offenders against Law but in the way of State Policy to subdue the Kings friends and their opposites not to doe Justice but to promote their designes Againe sometimes it is pretended that the King indeavoured to bring in Popery and Tyrannie and that they were forced to take up Armes for the defence of our Religion and Liberty But our Liberties were all asserted by severall Acts passed at the beginning of the Parliament And before Armes were taken up His Majesty had promised to enact whatsoever they did desire against Jesuits Preists Papists and Popery as appeares by His Declaration Iun. 2. And to secure our Liberties and Religion and the whole Kingdome before Armes
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
frame of Government whether their fellow Subjects or their fellow Parliament men or their King and Soveraigne himselfe Yea from the first bringing in of the two Bills against the Government of the Church and for taking the Militia out of the Kings hand all their Proceedings have been only Rebellious and Traiterous untill this day and they and their Complices have spoken and acted nothing but Rebellion and Treason if examined and tryed by the Lawes of the Land And their Rebellion is an attempt to force and compell the King in some cases to governe otherwise then according to his owne Royall Authority and direction and by force of Armes to deprive him of his Government in some other cases and to force and compell his Vote and Assent to severall Bills in Parliament against himselfe and against his Authority and Government And so at once to subject both his Gubernative and Legislative Authority to the two Houses of Parliament And the Treasons already acted for promoting this Rebellion are The corrupting the judgement of the People and the taking off the bonds of Conscience toward His Majesty and the drawing away the Peoples hearts from him and the setting of discord between him and them whereby they should leave him and rise up against him And these are the Treasons more especially of their Preachers and Pamphleters The levying Warre against the King in this Realme The deteining his Castles and Forts from him and his Ships and his Ordinance And these are the Treasons of those Lords and Commons principally The encountring in fight and killing them that assist him and the adhering to the King's Enemies and giving them ayd and comfort And these are the Treasons of their Souldiers and Contributers Thus the Treacherous dealers have dealt treacherously yea the treacherous dealers have dealt very treacherously Esay 24. 16. And the Treasons to be acted which I tremble at and whereof all will be guilty that have any hand in the preceding Treasons I say the Treasons to be acted for consummating this Rebellion are The depriving or deposing or murthering of the King the Lords Annointed In every Rebellion the Law intending 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 his Rebellion and Treason And therefore doubtlesse it is that Sir Thomas Fairfax hath his Commission without exception to fight with kill and slay all that shall oppose him But God forbid that I should strech forth mine hand against the Lords Anoynted For who can stretch forth his hand against him and be guiltlesse 1. Sam. 26. 9 11. And my admonition to them and to all and every one any way engaged with them shall be that of Simon Peter to Simon Magus Repent of this thy wickednesse and pray God that if it be possible the thought of thine heart may be forgiven thee For I see thou art in the gall of bitternesse and in the bond of Iniquity Acts 8. 22. 23 And for the King it shall be my prayer and let it be the prayer of all Loyall hearts Plead thou the Kings cause O Lord with them that strive against him and fight against them that fight against him Lay hand upon the Shield and Buckler and stand up to help him Bring forth the Speare and stop the way against them that persecute him say unto his soule I am thy Salvation Let them be confounded and put to shame that seek after his soule let them be turned back and brought to confusion that imagine mischiefe for him Let them be as the dust before the winde and the Angel of the Lord scattering them Let their way be dark and slippery and let the Angell of the Lord persecute them For they have privily laid their net to destroy him without a causes yea even without a cause have they made a pit for his Soule Let a suddaine destruction come upon him unawares and his net that he hath laid privily catch himselfe that he may fall into his owne mischiefe And the Kings soule shall be joyfull in the Lord it shall rejoyce in his salvation Amen Amen And now to conclude this Tract as Sir Edward Cook doth his Chapter of Treason It appeareth in the Holy Scripture that Traitors never prospered what good soever they pretended but were most severely and exemplarily puâ—â—ished As Corah Dathan and Abiram by miracle The ground clave asunder that was under them And the Earth opened her month and swallowed them up and their Houses and all the men that appertained unto Korah and all their goods Num. 16. 31 32. Absalom who by faire speeches and courtesies stole the hearts of the People and sought his Father King David's life riding upon a Mule under the thick Boughes of a great Oake in the wood of Ephraim where the Battell was his head caught hold of the Oake and he was taken up between the Heaven and the Earth And Ioab took three darts in his hand and thrust them thorow the heart of Absolom while he was yet alive in the midst of the Oake 2. Sam 18. 9 14. Achitophell Absolon's chiefe Councellour hanged himselfe 2. Sam. 17. 23. Shimei for cursing David had his hoare head brought with bloud to the grave 2. Sam. 16. 5 6. 1. Kings 28. 46. Abiathat the Traiterous high Priest against Solomon was deprived of his Priest hood 1. K. 2. 26. 27. Zimri who conspired against Elah and smote him and killed him when he saw the City was taken wherein he was went into the Palace of the Kings House and burnt the Kings House over him with fire and dyed 1. Reg. 16. 9 18. Athaliah the daughter of Omri who dâ—stroyed all the Seed Royall was slaine with the Sword 2. Reg. 11. 16. Bigthan and Teresh who sought to lay hold on King Ahasueerus were both hanged on a tree Est 2. 21. 23. Thewdas who rose up beasting himselfe to be somebody and to whom a number of men about 400. joyned themselves was slaine and all even as many as obeyed him were scattered and brought to nought After him rose up Iudas of Galilce in the dayes of taxing and drew much People after him He also perished and as many as obeyed him were dispersed Act. 5. 36 37. Iudas Iscariot the Traitor of Traitors hanged himselfe 27. Mat. 5. And purchased a Field with the reward of iniquity and falling headlong he burst asunder in the midst and all his bowells gushed out Act. 1. 18. Peruse over all our Books Records and Histories and you shall find a principle in Law a rule in Reason and a triall in Experience That Treason doth ever produce fatall and finall destruction to the offendor and never attaineth to the desired end two incidents inseparable thereunto And therefore let every one abandon it as the most pernitâ—ous bayte of the Divell of Hell and follow the precept in holy Scripture My Sonne feare thou the Lord and the King and meddle not with them that are given to change For their Calamity shall rise suddainly and who knoweth the Ruine of them both Prov. 24. 21 22. Cooke 3. part Instit. cap. 2. POST-SCRIPT And now Reader see the Accomplishment of that Evangelicall prediction In the last daies perilous times shall come for men shall be lovers of their own selves covetous boasters Proud Blaspheamers Disobedient to Parents Traitors Heady High-minded Lovers of Pleasure more then Lovers of God Having a forme of Godlinesse but denying the power thereof 2. Tim. 3. 1 2 4 5. Presumptuous are they selfewilled they are not afraid to speak evill of Dignities 2. Pet. 2. 10. Woe to them for they have gone in the way of Cain and runne greedily after the Error of Balaam for a reward and perished in the gainsaying of Core Jude 11. Also Reader Learne and Consider That what things soever are evill in their own nature as are Rebellion and Treason cannot be the Subject of any command or induce any Obligation of Obedience upon any man by any Authority whatsoever As the Lords and Commons at Westminster have delivered in their Declaration May 19. 1642. FINIS Politicall and Regall power the Author thereof Kings have not their Power from the People Antient Constitutions not to be overthrowne The Kings negative Vote in Parliament The Kings Oath to Corroborate such Lawes as the People shall chuse The Kings several Councells Cook upon Littleton l. 2. c. 1. Sect. 164. Tumults this present Parliament Strangsways The Parliament pretences for taking up of Armes 1. The fetching in Delinquents 2. The Defence of our Religion and Liberty The true state of the present War Treasons by the Lawes of the Land Other Treasons in Mr Saint-Iohns Argument Rebellion The present Rebellion and Treason The Method used in this present Rebellion A Bill against Bishops Sir Arthur Haslerigges Bill concerning the Militia Traiterous Lecturers and Pamphleters Tumults revive the Bill against Bishops Articles of high Treason against the L. Kimbolton and the five Members No priviledge of Parliament in case of Treason They put themselves into the strength of the Kingdom Tumults revive Sir Arthur Haslerigges Bill concerning the Militia The Ordinance for the Militia The Navy-Royall They declare against the Kings Negative Vote and so against his Legislative Power The 19 Propositions against His Gubernâ—tive power His Majesties Answer to the Propositious They raise an Army The same Propositions insisted on at the Treaty at Oxford And at Vxbridge How the King is restrained already And how they would farther restraine him Ob. Ans. The King superiour to the two Houses of Parliament The Lords Commons in Parliament subjected to the King In their Persons In their Votes They are our fellow Subjects Their Votes in this Case All one whether a Rebellion be by the Subject in Parliament or out of Parliament A Party of the Lords Commons only engaged in this Rebellion Upon what Motives others have engaged themselves Parliaments have not succeeded well in five Cases Note The sixth Case The beginning and progresse of this Rebellion Their Proceedings in Church and State The present Rebellion Treasons already acted by whom Horrid Treasons to be Acted for compleating the Rebellion The Rebels admonished A Prayer for the Kâ—ng The Conclusion The Postscript