Selected quad for the lemma: power_n
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A89763
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Not guiltie plead for the Lords, and others, of the Kings partie.
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1649
(1649)
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Wing N1388; Thomason E544_12*; ESTC R205993
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6,033
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10
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NOT GUILTIE Plead for the LORDS and others of the KINGS Partie THE PREFACE THe justnesse of the KING'S Cause is the justification of His Party in the late Warres Whereas then the late pretended High Court of Iustice charged His Majesty That He leavied Warre against the Parliament for erecting and upholding in Himself an unlimited and tyranicall Power to rule according to His will c. It will be necessary for the vindication of His Party to shew first That the KING took up Armes to maintain Regall Government and His Legall Power only And whereas they alleâ—ge in their Charge That the KING leavied War against the Parliament first at Beverly about the 30 of Iune 1642. I will make it cleare from their previous words and actions that they were first engaged in Treason and Rebellion against the KING and against the Crowne for which they have no warrant or protection by the Priviledge of Parliament And the Subjects are bound by the Law and by their Allegiance to Serve the KING against every Rebellion Power and Might rear'd against Him within this Land 11 Hen. 7.1 And if the KING shall happen to be vanquished Subjects shall not suffer any thing for the said Deed Duty and Allegiance And all Acts of processe of Law hereafter to be made to the contrary are to be void Ibid. TO passe by the two Bills brought into the House of Commons for taking away Bishops root and branch Two Bils about Bishops the Militia Husb. p. 251.543 And for taking the Militia from the KING and setling it in other hands both which Bills were rejected in a full and free Convention of Parliament Also to passe by the Tumults raised in December and January Tumults in Ian. and Decemb 1641. 1641. For reviving and carrying on the Bills before rejected by driving away the dissenting Members and new moulding the two Houses of Parliament The beginning of the WaÌ„rre between the King and a Party of the Lords and Commons in Parliament The remaining Party of the Knights A Party of the House of Com. petition for the Militia Citizens and Burgesses of the House of Commons possessed with feares and jealousies of a Designe to destroy the Parliament and Kingdome petition His Majesty that He would be pleased forthwith to put the Tower of London and all other Forts and the whole Militia of the Kingdome into the hands of such Persons as shall be recommended by them Jan. 28. And the same Petition to His Majesty is renewed by the remaining Party of the Lords and Commons at Westminster Feb. 2. Also they tender to His Majesty an Ordinance for setling the power of the Militia in the two Houses of Parliament Their Ordinance for setling the Militia Feb. 24. Which Petition and Ordinance begot in His Majesty also fears and jealousies The King his feares and jealousies of a Design against Himself and against the Crown to take away His Rights and to alter the fundamentall Laws and Government of the Kingdome as appears by His Answer Jan. 28. Neverthelesse to comply with them His Majesty promised The Kings condescentions touching the Forts Castl The Tower of London that the Forts and Castles should alwaies be in such hands and only such as the Parliament may safely confide in Jan. 28. Also His Majesty accepted of Sir John Conniers to be Lieutenant of the Tower of London in place of Sir John Biron Feb. 11. Lastly The Militia of the Kingdome He accepted of the Lieutenants by them nominated to be intrusted with the Militia of the Counties and offered to grant them Commissions and Powers as He had done this Parliament to some Lords Lieutenants by their advice promising also to continue the same so long as there should be cause Feb. 28. But they are not herewith satisfied and they inforce their Petition Their Vote for setling the Militia March 1. And set forth a Declaration of the grounds of their Feares and Jealousies March 9. And they Resolve and Vote That in case of extreme danger as at this time and upon His Majestics Refusall the two Houses of Parliament have power to Order the Militia of the Kingdome and the Ordinance agreed on by both Houses for the Militia doth oblige the People and ought to be obeyed by the fundamentall Laws of the Land March 15. Now in farther compliance His Majesty condiscended The Kings farther complianc ' with them 1642 That as the Militia was disposed according to their desires So it should not be executed without their advice April 28. And then also He granted the same for the Corporations which He had done formerly concerning the Counties But nor doth this satisfie them and secure they cannot be in their own opinion unlesse they have the sole power of disposing and executing the Militia without the KING Nor unlesse they have the Navie Royall also which they seized and disposed of March 28. Now whether those Lords and Commons did put themselves into the Strength of the Kingdome to prepare against Danger They seize the Navy Royall Note Ier. 17.9 or for a Designe the consequents must shew preceding Actions of this nature by reason of the deceivablenesse of the heart of man being not to be rightly understood but by the subsequent Managements And in their deportment afterward I find more of confidence than of feare more of audaciousnesse against the KING than of solicitousnesse for the Kingdome an endeavour rather to subvert and destroy than to preserve and maintaine the fundamentall Constitution and Government of the Kingdome and Parliament Sir John Hotham keeps the KING out of Hull April 23. Their deportment towards the King Sir Jo Hotham and the two Houses justifie his trayterous Act. April 28. I call it a trayterous Act because to hold a Fort or Castle against the King is to leavy Warre against the King which is High Treason by the Statute of 25 Edw. 3. Not long after Mr. Martin saies openly in the House of Commons M. Martin and unreproved That the KING's Office is forfeitable and that the happinesse of this Kingdome did not depend upon His Majesty or any of the Royall Branches of that Root And Sir Henry Ludlow Sir H. Ludlow That He was not worthy to be King of England which doubtlesse was the sence of the Parliament for May 26. both Houses declare Of Deposing and Murdering the KING That thry should not want duty or modesty if they followed the highest presidents of other Parliaments that is if they should depose and murder the King as other unparalleld Parliaments had done Edward Richard both the Second The Crowne it self cannot escape them They declare against the Kings negative Vote For in the same Declaration they deny the KING 's Negative Vote in Parliament And to deprive the King and Crown of their power not only in Law making Their Propositions destructive of Monarchy but also in Governing June 2. They
offer to His Majesty Propositions destructive of Regality and Monarchie viz. For the two Houses of Parliament 1. To nominate the Lords of the Privy Conncell and all the great Officers and Ministers of State and the chief Judges of the Land 2. To reforme Church-government and the Liturgy as they shall think fit and to call and consult with Divines to that purpose 3. To dispose and execute the Militia of the Kingdome according to their Ordinance 4. To approve those to whom the Command and Custody of the Forts and Castles shall be committed 5. To admit such Peeres as shall be made hereafter to sit and vote in Parliament And June 10. Why those Lords Com. took up Arms. They sent forth Propositions for bringing in Plate and money and raising an Army To make good what they had taken from and declared against and proposed to his Majesty viz. To keep the Forts and Castles and the Militia and Navy from Him and to take from Him and from the Crown the power of Law making and governing the Church and State and to depose and to destroy Him and to root out His Posterity together with Monarchy And is not this by force of Armes to shake off the yoks of subjection and to Rebell Whereupon Why the King took up Arms. The Kings War vindicatory desensory June 16. His Majesty in like manner published Propositions to his Subjects for bringing in Money and Plate to raise an Army for recovering the Forts Castles Militia and Navy and for maintaining and defending his Negative Vote and the Power of the Crown in Law-making and Governing and for defence and preservation of his-Royall Person Dignity and Posterity And is not this to take up Armes for suppresing Rebellion against himselfe his Family and the Crowne And what the Lords and Commons declared and proposed from the beginning against the King and against the Crowne the same in every particular did they demand in their Treaties at Oxford 1642. and at Vxbridge 1644. And in prosecution of those Demands and of their Rebellion did they prosecute and continue the War untill they had subdued the King and his party 1646. And the King being wholly in their power 1647. at Carubrook Castle they sent him 4. Bils with new Propositions of Peace which we had not knowne but by the Answer of the Scots Commissioners and they tell us 1. That the Preface compared with other parts of the Propositions The Propositions the same as formerly and so the Grounds ends of their War are the same takes away the Kings Negative Voice and cuts off all Royall Power and Right in Law-making 2. That they divest the King his Posterity and Crowne for ever of all Power and Right of the Militia 3. That they deprive the King of conferring Titles of Honour and of disposing of the great Officers of State and the naming of Privy Councellours 4. That they take away the Court of Wards and Forrest Lands from His Majesty 5. That the Four Bils were as followeth I. For setling The Militia of England and Ireland in both Houses of Parliament and for raising Money for Maintainance of Forces at Sea and Land by the two Houses of Parliament II. For justifying the Proceedings of Parliament in the late War III. That all Peeres lately made or to be made hereafter shall not sit or vote in Parliament but by the consent of the two Houses IV. That the two Houses shall have power to adjourn at pleasure And that these their Propositions and Bills conteine the ends for which at first they engaged in this Warre and which they have fought for and for which so much Blood hath been shed themselves tell us plainly in their Declaration concerning the Scots Papers pag. 6. 20. 28. And doth not this justifie the King and His Party They Iustifie the Kings War their Cause and Warre for vindicating and maintaining the Respective Powers and Rights of the Crown Their Proceeding also then Relating to His Majesties Terson were according to their above-mentioned Speeches and Declarations For as when at first His Majesty put Himself into their hands they restrained Him at New-castle and Holmeby so upon refusing their 4 Bils did they strictly Imprison Him at Carisbrooke-Castle Their resolution to settle the Government without and against the King and never was a KING of England Imprisoned by His Subjects but he was Deposed Murdered In Order whereunto they passed those Votes Of making no more Addresses to the King nor receiving any Message from Him Jan. 1. And they set forth a Declaration expressing the Reasons of those Votes Febr. 11. And the Army resolved to live and die with them They prosecute the King and His Posterity in order to the overthrow of Monarchy in maintenance of those Votes and in setling their designed Government without the KING and against Him Jan. 9. And though they seem to prosecute the King upon emergent provocations that He made Warre against them c. Yet from Mr. Martin's Speech and Sir Henry Ludlow's and from the Declaration of the two Houses of Parliament before Armes were taken up and before any Propositions sent to the King it appeares that from the beginning they had a Designe against His Majesty and what was spoken and declared then is agitated and pursued now as then meerly in Order to their great Designe against Royalty and against Monarchy In order whereunto they declare now against the Kings Family and Posterity also who cannot be if His Majesty were guilty of any thing in relation to the Warre But Usurpers are ever Murderers Vsurpers sever Murtherers 2. Reg. 11.1 Matth. 12.38 39 c. And doth not this justifie the KING and His Party their Cause and Warre for preservation of His Royall Person and Posterity The renewing of the Warre 1648. NO mervaile then The grounds of renewing the Warre if the Warre now renewed the last yeare by and on behalfe of His Majesty upon the same Reasons and grounds that Himselfe at first undertooke it viz. For recovering the Forts and Castles and the Militia and the Navy taken and detained from His Majesty and for defending and maintaining the KIN'S Negative Vote and the power of the KING and Crown in Law making and governing and for delivering His Majesty out of Prison and for preserving the Royall Posterity And when they were visibly acting By his Majesties Loyall Subjects and compleating their trayterous and rebellious Designes upon the KING and against the Crowne how were all His Majesties loyall Subjects to rowse and arme themselves for the rescue of the KING and of the Crowne being bound by the Oath of Allegiance to beare faith and true Allegiance to HIS MAJESTY His Heires and Successours and Him and Them to defend to the utmost of their power against all conspiracies and attempts whatsoever which shall be made against His or their Persons their Crowne and Dignity And how could the abused and misled People of the Kingdome but be enraged against you By the misled People of the Kingdome who under the pretence of preventing a present Danger wound themselves into the chiefe Power and Government of the Kingdome And under the specious pretences of fighting for Religion and Liberty ingaged them in the maintenance of their usurpation and made them instrumentall to promote Rebellion And considering their Protestation and the Nationall Covenant how should English and Scots both endeavour to bring to condigne punishment those Pests of the Common-wealth who have not onely themselves done contrary to those Oathes but have forced others also to doe the like in all things concerning the KING His Person His Posterity Nis Honour His Estate His Authority His just Power and His Grâ—â—â—nesse which they Covenanted should not be (a) For why Crimen lase vel Dominatae Majestaris is High Treason diminished and so through their disloyalty and perjury are like to involve us in new difficulties and inextricable unexpressible unconceivable troubles and mischiefs The true state of the late Warre THus upon the whole matter a Rebellious Party of Lords and Commons assembled in Parliament tooke up Armes to overthrow the Fundamentall Constitution and Government of the Kingdome and to destroy HIS MAJESTY and His Royall Family together with Monarchy And the KING tooke up Armes to suppresse this horrid-Rebellion And His Subjects according to their bounden duty served Him in His Warres both in the first and in the second Warre And for this service in both I pronounce them NOT GUILTY Postscript Reader WHereas the KING is farther charged by the late Warre to have violated the Oath taken at His Coronation there is nothing lesse For by that Oath He binds Himselfe as to protect His loyall Subjects so to doe justice upon Rebels and Traytors Saint Paul also tels us That the higher Power is to protect and punish both Wilt thou not be afraid of the Power doe that which is good and thou shalt have praise of the same For he is the Minister of God to thee for thy good But if thou doe that which is evill be afraid for he beareth not the Sword in vaine for he is the Minister of God a revenger to execute wrath upon him that doth evil Rom. 13. v. 3 4. And they who set up Judicatories and Courts of Justice not by Gods Authority but the Peoples pretended Power and proceed not as His Ministers but as their Officers doe not indeed execute Iustice and Iudgment but kill and murder under pretence of Iudgment and Iustice. O consider this you that forget God Psal 50.22 FINIS