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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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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
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. ● 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