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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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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
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