THE ROYALL AND THE ROYALLIST'S Plea Shewing That the Kings Majesty hath the chiefe Power In this Realme and other his Dominions 1 Pet. 2.13 And to him the chiefe Government of all Estates of this Realme whether they be Civill or Ecclesiasticall in all Causes doth appertaine Artic. 27. of Religion concerning Magist Wee Confesse and Acknowledge Empires Kingdomes Dominions and Cities to be distincted and ordayned by God for the Manifestation of his owne Glory and for the singular Profit and Commodity of Mankinde Prov. 24.21.22 So that whosoever goeth about to take away or confound the whole State of Civill Policies now long established Wee affirme the same men not only to bee Enemies to Mankinde but also wickedly to fight against Gods expresse Will. Confess of the church of Scotland concerning the Civill Magistrate And the first thing Wee Covenant is to defend and maintayne the Doctrine of that Church Ano. Domi. 1647. READER BEFORE I treate of the differences betweene the King and the Parliament Of the constitution of the kingdome of England and set forth the Grounds and Intents of the Warre on both sides either Party charging the Other with a Designe to overthrowe the established Government of the Kingdome I shall promise something concerning the Constitution of the Kingdome and Parliament of England And whereas there are three kindes of Governement Three kinds of Government The first Monarchicall by One The second Aristocraticall by the Nobles The third Democraticall England a Monarchy it consists of a head and a subject body by the People The Government of England is of the first sort Monarchicall And the Monarch is the Head And with us tho Barons and the People are the Subject-Body of the Kingdome The King governs the Church by Archbishops Bishops And the Civill State by Temporall Officers And to enable him for that his Administration and Government Sundry Politicall Powers in the Monarch for governing the kingdome in it selfe in order to other Princes and States the King is invested with sundry politicall Powers as of Treaties of Warre and Peace of making Peeres of choosing Officers and Councellors for State Judges for Lawe Commanders for Forts and Castles giving Commissions for raysing Men to mako warre abroad or to provide against invasions or insurrections at home benefit of Confiscations power of Pardoning and others of the like kind The necessity of these Powers in the King And by this Power and Authority he drawes a respect and relation from the Nobles and feare and reverence from the People and thereby prevents division faction in the one tumults violence and Licentiousnesse in the other and so preserves Peace and unity amongst us as also by the Authority Power aforesaid The King is enabled to discharge his Office Oath to preserve the Lawes of the Land in their force and the Subjects in their Properties and Liberties The Parliament consists of a Head and â—subject Body And as the Kingdome so the Parliament of England is constituted of a Head and a Subject-Body The King being the Head and the two Houses the Subject-Body of the Parliament The King calls the Parliament and dissolves it He calls each Baron by a peculiar Writ He sends forth Writs into the severall Counties into the Cities Boroughs for electing Knights A Proxy acts for another by assenting dissenting for him but hath no superiority or authority over him for whom he acts Citizens Burgesses to serve for them and the people meete choose accordingly send up the persons so chosen as their Proxies to sit and Vote for them by way of assent and dissent upon all occasions in Parliament and so the King and the whole Kingdome by their Representatives convene in Parliament As the Barons sweare fealty to the King at their Creation so the Law requires the Members of the House of Commons to take the oath of Allegiance Supremacy The Lords and Commons sweare fealty allegiance to the King before they are admitted to sit there The principall Power and work of the Parliament is in Law making and our Lawes are made thus Bills are framed agreed on by the Lords Commons and afterward presented to the King How our lawes are made and by the Royall assent they become Lawes And this is that which the King sweares to at his Coronation and it is well expressed in the forme at the Coronation of Edward the sixt in these following words The Oath at king Edwards Coronation Doe you grant to make no new Lawes but such as shall be to the honor of God and to the good of the Common-wealth and that the same shall bee made by the consent of your People as hath beene accustomed Liberty of vote an essentiall priviledge of Parliament And in passing of Bills The King the Lords and the Commons are to Vote freely and this liberty of Vote is the most essentiall priviledge of Parliament yea The King and the Lords and Commons Of their Negative Votes have every of them their Negative Vote in this Case thereby to preserve themselves and theis Rights and Priviledges one against another And so to keepe the Constitution of the kingdome inviolate And it is a peculiar Priviledge of the house of Commons to make the first Propositions for the Levies of Money The priviledge of the House of Commons which is the Sinews both of Peace and Warre Also that house takes notice of the violating of our Liberties and impeacheth those that have oppressed and grieved the Subject And the Lords proceede against them in a judiciary way The Judiciary power of the house of Lords to remedy misgovernment punish them But in this Case the Law sayes The King can doe no wrong And if any thing be done amisse in matter of State the Councell If in matter of Justice The King can doe no wrong the Judges must answer for it as themselves have declared May 19. Husbands Collect pag. 199. The House of Lords hath also a judiary Power upon Writts of Error brought against Judgements in inferiour Courts Also eyther House hath Power over their own Members But over the Subject at large and in Generall without the Kings Concurrence neither house hath Power nor both of them joyned together Much lesse have they power over their Soveraigne Lord the King They ought to support the king and the Crowne not to invade and null them who hath no Superior under God 25 Hen. 8. much lesse over the imperiall Crowne which hath beene free at all times and in no earthly Subjection but immediatly to God in all things touching the Regality of the said Crown 16. R. 2.5 And which was never invaded by any Parliawent before and there is nothing of Power extraordinary in the present Parliament but of cantinuance only being not to be dissolved but with the consent of both houses of Parlament The
cheife Power in the two Houses of Parliament as is alleaged by his Majesty There are I know other Propositions concerning Delinquents but subordinate to those that tend to the alteration of Government Their Propositions concerning Delinquents Their Delinquents being only such as are enemies to their Cause and have from time to time opposed their proceedings against the King and against the present Government as appeares plainly by their Ordinances concerning Delinquents and by the Catalogue of Delinquents delivered in at the Treaties and inserted amongst their Propositions And they prosecute them not in a Judiciary and Parliamentary way as Legall offenders but in a Military and Hostile way as an adverse party Opposite to them and their Designe Now whether these Gentlemen be Delinquents or no shall be shewed afterward upon stating the warre on both sides Delinquency being not where the Cause is just and the warre lawfull but where the Cause and the warre are unjust and unlawfull that is the Delinquent Party Their Propositions concerning Papists I have omitted Their Propositions concerning Papists because the King assented to them And how did they take up Armes for the defence of our Religion against Popery Concerning our Liberties they proposed nothing No Proposition concerning our Liberty all the Grievances set forth by the Lords in their Petition presented to his Majesty at Yorke being remedied by severall Acts at the beginning of this Parliament And how then did they take up Armes for defence of our Liberties against Tyranny Also there is nothing proposed concerning our Lawes their whole proceedings being against Lawe An observation of the Kings Commissioners at Uxbridge eyther against the twenty fift of Edward the third in point of Treason against the King Or against Magna Charta and the Petition of Right in point of oppression of the Subject As also by their Orders The two Houses and each House and their Committees stop the proceedings of the Courts of Justice in Suites of Lawe betweene Man and Man And so the Kings Commissioners at the Treaty at Uxbridge observed That after a warre of neere foure yeeres for which the defence of the Protestant Religion The liberty and property of the Subject and the priviledges of Parliament were made the cause and ground in a Treaty of twenty daies nor indeede in the whole Propositions upon which the Treaty should be there hath been nothing offered to be Treated concerning the breach of any Law or of the Liberty and Property of the Subject or Priviledge of Parliament but only Propositions for the altering of a Government established by Lawe and for the makeing new Lawes by which all the old are or may bee cancelled The Kings Propositions The Kings Propositions For his Revenues Magazine c. THAT his Majesties owne Revenue Magazine Townes Forts and Ships which have beene taken or kept from him by force bee forthwith restored unto him For maintayning the Lawes of the Land the kings Legall Power Right For the Liberty of the Subject against illegall Power That whatsoever hath beene done or published contrary to the knowne Lawes of the Land or derogatorie to his Majesties Legall and known Power and Right be renounced and recalled that no seede may remaine for the like to spring out for the future That whatsoever illegall power hath beene claimed and exercised over his Subjects as imprisoning their persons without Lawe stopping their Habeas corpus and imposing upon their estates without Act of Parliament eyther by both or eyther House or any Committee of both or eyther or by any persons appointed by any of them bee disclaymed and all such persons so Committed forthwith discharged That as his Majesty will readily consent having done so heretofore to the execution of all Lawes already made Against Popery and to any good Act to be made for the suppressing of Popery and for the firme setling the Protestant Religion by Lawe established So he desires that a good Bill may bee framed for the better preferring of the booke of Common-Prayer from the scorne and violence of Brownists For the booke of Common Prayer Anabaptists and other Sectaries with such clauses for the ease of tender Consciences as his Majesty hath formerly offered That all such persons as upon the Treaty shall be excepted out of rhe generall Pardon shall be tryed per Pares For the tryall of Delinquents according to the usuall course and known Lawes of the Land and that it be left to that eyther to acquit or condemne them Now the question is A quere upon the Kings Propositions whether these Propositions considered the King doth truely take up Armes and continue them to maintaine our Religion Lawes and Liberties against Popery and Tyranny as is aleaged by his Majesty or to overthrow them as is alleaged by the two houses of Parliament But the Lords and Commons pleade for themselves finally That they tooke up Armes and continue them The final Plea of the Lords Commons retorted to prosecute their Propositions only in Order to the defence of our Religion Lawes and Liberties Or rather they tooke Armes and continue them for the defence of our Religion Lawes and Liberties only in Grder to the prosecution of these their Propositions and of their Designe Seeing they will not acquiesce in his Majesties which are directly and apparently for the establishing of our Religion Lawes and Liberties against Popery and Tyranny but offer and presse their owne Propositions to the overthrow of our Religion by Lawe established and of the established Government of Church and State Besides before Armes were taken up his Majesty was pleased to recede from his Right touching Forts The King recedes from his Right from theâ— rigour of his Propositions and Castles and the Militia and he condiscended to them in divers other particulars touching their nineteene Proposititions thereby if possible to have prevented the Warre amongst us And after that Armes were taken up and the kingdome embroyled in Warre to prevent the further mischiefes thereof his Majesty was pleased to recede from the rigour of his Propositions and at the Treaty at Uxbridge by his Commissioners he would have complyed in severall particulars touching the Bishops and the Deans and Chapters and he would have trusted them with the Militia for two yeeres and afterward by a Message from Oxford he graciously condescended 1. That all who are Protestants should have the free exercise of Religion according to their owne way The Kings Message from Ozford 2. That the two houses of Parliament should have the Militia for 7 yeeres 3 That they pro hac vice should chuse the Lord Admirall and Officers of State and the Judges 4. That the businesse of Ireland should be referred wholly to them 5. That hee would joyne with them in an Act for the payment of the publique debts 6. That he would passe a Generall Act of Oblivion I say the King was pleased in
favour to the Parliament and the Subject to recede from the Rigour of his Propositions But the two Houses would never abate one jot of their Propositions and demands They will not recede one jot from the rigor of their Propositions in favour of his Majesty or Monarchy but rather have scrued them up from time to time and heightned them against both Nor will they now be satisfied with the establishing of our Religion Lawes and Liberties unlesse it bee by way of their Propositions thus heightned And so they encroach upon the Crowne daily more and more untill at length they invest themselves in the full Power and Rights of the King and of the Crowne And at first they pretended the defence of our Religion The defence of our Religion Lâ—wes and Liberties pretended and why Lawes and Liberties in policy only that they might more effectually prevaile with the people and more colourably seize the Militia and rayse an Army for by their Armes they doe not only not defend our Religion Pâ—â—testatio contraria facto Lawes and Liberties but taking upon them Soveraigne authority over our Lawes and an Arbitrary Power over our Persons and Estates they abolish our Religion by Lawe established By their Arms they doe not only not defend our Religion Lawes Liberties but invade and violate them in Doctrine Worship Discipline and Government to comply with the Independents Brownists Anabaptists and other Sectaries to make them of their party to carry on their Designe against Munarchy And they trample under foote our Lawes and invade and violate our Liberties in prosecution of their Designe against his Majesty and in him against Monarchy Oâ—dayning contrary to the Petition of Right That we beare Armes billet Souldiers pay Monies and take Oathes not imposed by Act of Parliament And upon our refusall Sequestring and Imprisoning us without more adoe and proceeding also against some by Martiall-Lawe and Condemning and Executing them Whereas by Magna Charta no man should bee disseized of his Estate nor Imprisoned nor suffer but upon tryall by his Peeres But who would haue beleeved that our Religion Liberty and Lawes which for so long a time have endured Opposition and Assaults from forreigne Power envying our happinesse would have beene Opposed Oppressed and Trod under foote by the Crafts and Cruelties of our owne Natives and Country-men As is declared by both Kingdomes joyned in Armes for pursuance of the Covenant Janu. 30. 1643. This a most dangerous precedent The true state of the war on the Parliaments side There is not Law warranting the Lords Commons to take up Armes Rom. 3.8 Their present War is First unnecessary as pretending the defence of our Religion laws and Liberties against Popery and Tyranny Secondly unjust as contending for the King crown Thirdly wicked as intending the overthrowe of the Constitution Government of the kingdom and intimating the destruction of the King his Posteritie in order thereto No priviledge in Case of treason Having got the power of the Sword they may rule and over-rule the king people invade his other Rights and their Liberties at pleasure And Oh! the unstable and miserable Condition of the English Nation if the two Houses of Parliament or a prevayling factious Party there may at pleasure alter our Established Religion Lawes Liberty Property and Government And so the Premises considered the true state of the Question concerning the Warre on the Parliaments side is clearely this Not whether the Lords and Commons may seize and deteine his Majesties Forts and Ships Nor whether they may settle and dispose the Militia and the Navy and rayse an Army for the defence of our Religion Lawes and Liberties though to doe any of these without the Royall Authority upon any Pretences or to any Intentions whatsoever whether to expulse Strangers to remove Counsellors or against any Statute c. bee to levy warre against the King because they take upon them Royall authority which is against the King Cooke 3. part Institut Cap. de high-Treason And I know no difference between the Lords and Commons in Parliament in this Case and others out of Parliament all being in the condition of subjects to his Majesty and there being no priviledge of Parliament in Case of Treason But whether they may put themselves into the strength of the Kingdome and rayse forces and employ them to the intents and purposes expressed in their Propositions viz. For taking from the King and from the Crowne the Government of the Church by Arch-bishops Bishops c. and the Government of the State likewise whilest they would nominate the great Officers and the Judges and would dispose the Militia and the Navy and the Forts and Castles c. And for setling the chiefe power and Government both of Church and State at present in themselves and in the two Houses of Parliament hereafter yea for Subjects and such are the Lords and Commons in the present Parliament assembled to put themselves into such a strength as the king shall not be able to resist them and to force and compell the King to governe otherwise then according to his owne Royall authority and direction is manifest Rebellion It is manifest Rebellion according to the opinion of the Judges deliveeed at the arraignement of the Earle of Essex How much more in our present Case Their Rebellion aggravated when they would take away the power and governement from the King and Crowne Againe The premises considered The true state of the warre on the Kings side The warre on the Kings side is vindicatory and defensorie in respect of the Kings power and righâ— and of the Lawes of the Land and of the Liberty and property of the Subject The true state of the question concerning the Warre on the Kings side is cleerly this Not whether he may raise an Army against the Parliament though if he should I know no warrant for resisting him But whether the King may not raise an Army and fight against the Parliament for the reasons expressed in his Propositions viz. For the recovery of his Revenue Forts and Castles c. For vindicating the Lawes of the Land and his Legall power and Rights c. For Redeeming the Subject from illegall-power and from manifold oppression For preserving the established Liturgy c. For bringing Delinquents to a Legall-Tryall The Lords and Commons in Parliament as well as other his Subjects being lyable to his Majesties displeasure whensoever they keepe not themselves within the circle of the Law and Custome of Parliament Cooke lib. of Jurisdiction of Courts Note Cap. High Court of Parliament And themselves have declared That all forcible practises Malignancie Delinquencie and Covenanting c. The true state of the question concerning the deposing of the King much more such Rebellious proceedings against the King are inconsistent with the Nature of the Councell being the Body whereof his Majesty is the Head Husb.
Collect. of Remonst pag. 100. And from those expresse ends in the Propositions on both sides must we judge as of the warre so of the incidents thereto Malignancy Delinquency Covenanting c. And of the consequents thereof the blood-shed and spoyle in England and the losse of Ireland and the blood and treason to be expended in the recovery thereof and the deposing of the king though no protestant Parliament ever did so and Protestants generally abominate the doctrine of Deposing of Kings Dan. 2 2â— Dan. 4.17.25.32 Rom. 13.14 4. The Observator himselfe sayes That never was any King deposed in a free Parliament But whether the Parliament may depose the King because he hath taken up Armes and sought against them For recovery of his Revenues c. For vindicating the Lawes of the Land and his Legall power and Rights For Redeeming the Subject from illegall power c. And because he will not assent to their Propositions and renounce his Cause and ruine his friends and betray the Crown They cannot in justice or in gratitude depose the King and depose and degrade himselfe and his Posterity Also whether they may depose him after hee hath by severall Acts of parliament asserted our Liberties and offered to passe whatsoever is desired against papists And after his gracious condiscentions touching the Forts and Castles and the Militia The depriving of the King a consequent in every Rebellion for our security and after his other condiscentions declared in his answere to the ninteene Propositions And after his gracious Messages from Nottingham and Oxford both that upon the Treaty there and the other about a yeere since which see before 1 Sam. 26.9 How wee must judge of their after proceedings with his Majesty The true state of the question on the Parliaments side in referrence to the Liberty of the Subject in generall and more particularly of the Royall Party But this is an ordinary consequent in every Rebellion The Rebels not suffering the king to live or Reigne which might punish or take revenge of his Treason as is evident in Ed. and Ki. both the second And this also the Judges delivered for matter of Law at the arraignement aforesaid And in this case must we ground our judgement of their after proceedings with his Mâ—jesty on the Sentence of the Lawe and on the Evidences of Histories and not on their Declarations alterable at pleasure as themselves averre Lastly the promises considered The true state of the Question on the Parliaments side in referrence to the Liberty of the Subject in generall and more particularly to the Royall party is cleerely this Not whether the Lords and Commons assembled in Parliament have power over our Lawes Lives Liberties and estates in Case of defence as aforesaid But whether they have power to compell us to serve with our persons and estates in the present warre against his Majesty and in Case of refusall whether they may proceede against us and whether each house hath power in this Case to sequester and imprison us As also his Majesties taking up Armes for the reasons above mentioned and requiring us to assist him in this warre whether they may question and punish us for such assistance These legall Oathes obliege us rather then our late vowes and covenants seeing we are bound by the Oathes of Supremacie and Allegiance to assist â—nd defend all Jurisdictions Preheminencies and Authorities belonging to the King his Heires and Successours or annexed to the Imperiall Crowne And for such Deede and Service we are utterly discharged of any vexation trouble or losse 11. Hen. 7. cap. 10. And whereas the Parliament in their answeres hereto grant it to be dutie of allegiance Ob. to serve the King in warre for the defence of him and of the Land but not in warres against the Land or the Parliament the Representative body thereof It may be replied and truely Sol. That the greater part of the Lords and Commons and consequently of the people of the Land taken collectively and in Parliament joyned with the King before the Tumults as did the greater part of the people diffusively take part with his Majesty before they called in our brethren of Scotland Upon 〈◊〉 what termes they called in the Scots whom they invited by severall Messages Declarations Protestations Attestations Asseverations and Oathes They professe declarations alterable at pleasure See the Scots papers printed at Edinborough June 1646. in testimony of their unshaken Resolved and constant Loyalty to his Majesty and to his Posterity But now they have Notoriously and professedly revolted from both and when the Scots-Commissioners urged those Declarations and attestations against them and their proceedings they answered that Returnes should not be made against England upon their former Declarations as if they were obligations whereas they were alterable at pleasure And now that by the helpe of our Brethren they are Conquerors and absolute Masters of all see how they fall againe upon their designe against his Majesty and against Monarchy and drive it on with all might and main and by all waies and meanes now as at the beginning and what was Treason before is Rebellion now Their Proceedings after the Warre the same as before the Warre They stickle about the Elections 1. Then they stickled for such men to bee elected into the House of Commons as were of their opinions and inclinations and so they doe now Bills against Bishops for the Militia 2. The Bills against Bishops and for the Militia were in the first place insisted on then and so they are now 3. Seditious and Trayterous pamphlets were published then Trayterous Pamphlets as now by Mr. Lilburne by Mr. Chaloner and his vindicator by the authour of the booke called The unhappy game betweene the Scots and English and by others professed enemies to his Majesty and Monarchy Tumultuary Sectaries 4. Tumultuous Sectaries were raysed and countenanced to force the votes of the Members of both Houses of Parliament then An Independent Army and an Indepentent Army is raysed and continued to force the Kings vote now Of the Forts Castles 5. They seized on the Forts and Castles and the Militia and the Navy then and they detayne and dispose them now as then for securing not the kingdome but themselves and their Designe Of deposing the King Sâ—e the premised opinion of the Juâ—ges concerning the deposing of kings and the Histories of Ed. and Ric. both the 2 6. Then Mr. Martin said openly That the Kings Office was forfeitable and Sir Henry Ludlow That his Majesty was not worthy to be King of England and the two houses Declared That if they followed the highest precedents of other Parliaments they should not want modesty or duty and now they tell us in the answere to the Scots papers That the King is not in a condition to execute the duty of his place or to bee left to goe or reside where
and when he pleaseth And here sticks the Designe at present Where the Designe sticks See the Scots papers the Lord Lowâ—dns three severall speeches of disposing of the Kings person the Scots dissenting and interposing and pressing for his Majesties returne to his Parliament with freedome honour and safety But whatsoever they shall attempt and act against or upon his Majesty hereafter 't will be not as is pretended a due guerdon for his warre against the Parliament for he hath contracted no guilt thereby but as an effect of their conquest and an accomplishment of their Designe agitated before Their after proceedings against the King not his due guerdon but in efect of their Conquest and an accomplishment of their pretended Designe and pursued and consummate by the present warre And whatsoever their after proceedings bee his Majesty will still be Innocent And whatsoever their pretences are They will be Rebells still 7 They Declared against the Kings Negative Oath in Law-making then and now they give Lawes without him 8 Then they tendred to his Majesty Peopositions to take away the chiefe power of Governing from the King and to settle it in the two Houses of parliament And at this day they insist on the same Of the Kings negative Vote with full resolution to overthrowe the Regall and to establish a Parliamentary Government And this is the utmost of their Designe Their propositions for the chiefe power in Governing and the ultimate end of their Warre and it concernes not the King only but the Imperiall Crowne also I know these Propositions are obtruded upon the King and upon the people at present The utmost of their Designe and the ultimate end of the Warre as the only meanes of our preservation and safety against the common enemies of the Kingdome But I have shewed how some of the Propositions are uselesse in this kinde and how the others are at this time needlesse in respect of the kingdome Of these Propositions some are Civill others Military They take from the King the disposall of all Places of Honour and Judicature and Power and consequently all depend ney in these Respects forreigners may come in to rescue the King and Crowne and not to invade the Kingdome having no professed enemy at all though by their disloyall illegall violent courses they have created to themselves many Enemies both at home and abroad who also may bring in forreigne forces against them if wee agree not suddenly amongst our selves and yet not to invade the kingdome in a hostile manner the like of late having beene done by others once and againe Besides they demand these Powers not for a time only but for ever See the several papers of the Scots Commissioners concerning the Propositions of Peace and so not as a remedy against present daunger but as a foundation of another Government Under the pretence of providing for the publique safety endeavoring to overthrow Monarchy and to set up and establish Aristocracy and Democracy And as by the Act of continuation they may sit for ever so they intend doubtlesse by their Propositions to Governe for ever And the upshot of all is Who shall Governe whether the King or the Lords and Commons assembled in Parliament 9. Lastly before they tooke up Armes they claymed an absolute power over our persons and estates in Order to their Cause Their absolute power over the people in order to the present warre and to the present warre and to this day they exercise it accordingly disposing our persons and imposing on our Estates at pleasure And this their arbitrary and boundlesse power our boundlesse and unsufferable slavery is like to last for ever as their Cause and the Warre are like to bee everlasting It is like to bee everlasting See Mr. Martins speech of the Royall branches not only against King Charles but also against prince Charles and against his Heires and Successours likewise and against the whole succession from time to time as long as any of the Royall seede shall remaine and so in maintenance of their Designe against Monarchy the people will be engaged in Rebellion and embroyled in Warre from succession to succession and from Generation to Generation unlesse some speedy course be taken for composing the differences Our Rebellion warre misery endlesse and ending the warre amongst us which seeing his Majesty cannot effect by the justnesse of his Propositions nor by the reasonablenesse of his Messages nor by the graciousnesse of his Condiscentions neglected and rejected from time to time An Apostraphe to the people I thinke it may be not improperly undertaken by the people themselves who are also concerned in the differences and in the warre not only in point of duty and conscience in respect of the King but also in point of Liberty and civill Interest in regard of themselves And I would have them in the first place to petition his Majesty for a Generall Act of Oblivion to bee kept inviolably by himselfe and his posterity To petition the King for an act of Oblivion Then I would have them now they understand the falsenesse of their pretended dangers and their falsenesse touching our Religion Lawes and Liberties A Summe of the whole businesse offered to the people the nature of their Propositions and the ground and end of the warre under the pretence of defending our Religion Lawes and Liberties against Popery and Tyranny endeavoring themselves and engaging us with our lives and fortunes Jerem. 17.3 to make good their Propositions against Regalitie and Monarchy I say I would have the people of the kingdome Generally both in the City and in the severall Counties before they part with any more monies eyther by way of Taxe or Loane out of just indignation for the many fraudes and falacies obtruded on them To petition the Parliament and out of a piercing sense of their by-past sufferings and out of a pious sence of their Allegiance to the King and Crowne Isai 32.17 and out of providence to their owne good and quiet and for the good and quiet of posterity unanimously and vigorously to Petition the two houses of Parliament for the disbanding their Armies Pax quo aequi or coâ—firmior and dimantling their Garrisons and for inviting his Majesty to his Parliament and for a suddaine Accomodation between them with due and equall regard to the Kings legall Rights the just priviledges of Parliament The Kings right taken from him without hearing his Councell and the legall Libertie of the Subject to be determined and setled in Parliament and to bee so stated that hereafter they doe not enterfeire one against another and to be bounded so that they doe not encroach one upon another Of Magna Charta and of the Petition of Right In particular Let the people take care That if it be possible those Muniments of our Liberties Magna Charta and the Petition of Right be not
privileges of the Members of Parliament Lastly touching the priviledg of the Members of Parliament themselves in their Petition to his Majesty at the beginning of his Reigne in the Case of the Earle of Arundell have declared thus Wee finde it an undoubted Right and constant priviledge of Parliament That no Member of Parliament sitting in the Parliament or within the usuall times of the priviledge of Parliament is to bee restrayned or immesoned without Sentence of the House unlesse it bee for high-Treason Felony or for refusing to give Surety for the Peace And so in Q. Elizabeths time when Wentworth made those motions that were Wentworths Case but supposed dangerous to the Queens Estate Hee was imprisoned in the Tower notwithstanding the priviledge of the House there dyed Thus whereas there is in every of the three kindes of Government some good as Vnity in Monarchy The equall happy constitution of England Counsell in Aristocracy Liberty in Democracy and some evills as Tyranny in Monarchy Division Faction in Aristocracy Tumults Violence and Licentiousnesse in Democracy By the Constitution of the Kingdome we have the good of all these without the evill of any And hence for so many hundred yeeres hath the English Nation beene famous happy to admiration and envy Pro. 24 21.22 Even from this Ancient Equall Happy At present the Lords Commons shake off the yoke of subjection and affect the chiefe Power Government â—or doe they Act as our fellow subjects Proxiâ—s but as our Lords and Masters nor doe they study Liberty with us and for us but Soveraignty over us Well-poized never enough commended Constitution of this Kingdome From which receding all these Politicall Evills have overtaken us Even Tyranny and Oppression Division and Faction Tumults Violence and Licentiousnesse And what will or can be the end of this but Anarchy Confusion and utter Destruction of the King of the Parliament of the Kingdome of the Nâ—tion Oh that they were wise that they understood that they would consider their latter end Deut. 32.29 THE ROYALL and ROYALLIST'S PLEA THAT the chiefe Promoter of the present war had a designe against his Majesty and against Monarchy is now manifest to all the World The Vote for sending the king to Warwick Castle by the last vote for sending the King to Warwick Castle and by Mr. Prideux his speech in October last for Mr. Prideux his speech for abandoning Monarchy abandoning Monarchy now they have gotten the power of the Sword and for setling the government of the Kingdome in the two Houses of Parliament But our Plea is grounded upon former Evidences The ground of this Plea from the very summoning of this Parliament unto the taking up of armes For how did they stickle in the Counties and Burroughs They Stickle about Elections for such to be elected into the house of Commons as were of their opinions and inclinations And no sooner did they meete and sit in Parliament but they ratified and damned Elections at pleasure in Order to their Designe A Bill against Bishops the Militia Seditious Lecturers and Pampleters The Protestation protested and To thy Tents Oh Israel Tumults The Members thus prepared They bring in two Bills The one to take away Bishops Roote and Branch The other to take the Militia by Sea and Land from the King the later beeing preferred by Sr. Arthur Haslerigg And fayling in this way thee send forth factious and seditious Lecturers which inveigh against the present Government of Church and State and they License Pamphlets that deprave the Government of the Kingdom The people thus prepared They rayse tumults in London to force and compell the Parliament to joyne with them Thoâ—â— accused Membâ—â—â— protected in the prosecution of their Designe and his Majesty charging them with high Treason for these attempts against himselfe and against the Parliament They get themselves protected under the pretended priviledge of Parliament from verball they fall to reall-Treasons and they possesse themselves of the Forts and Castles after that his Majesty had promised for their security that they should be only in such hands as they should have cause to confide in Jan. 27. The Forts and Castles the Militia with the Navy Royall taken from his Majesty And they dispose and execute the Militia of the Kingdome altogether excluding his Majesty after that for their farther security he had accepted of the Lords Lieutenants in the severall Counties recommended by them Feb. 28. And after he had condiscended touching the Militia of the Corporations April 8. What reason they pretended for the Militia In the last places they seize on the Navy-Royall And in their votes of March 15. she reason pretended for the Militia was to defend the kingdome against Enemies from abroad when we had none and against the Papists at home when they were naked and without Armes and against a discontented party amongst us i.e. against the King and his party whom they had discontented and highly provoked by their late proceedings See the opinion of the judges in the Case of the E. of Essex And as their seizing their Forts and Castles c. was needlesse in the two former respects so in the later was it Rebellious being not for the publique but for their private security and advantage not to defend the Kingdome against danger but to protect themselves against justice not to put us into a posture of defence against a common Enemy but to put themselves into a posture of power and strength against his Majesty thereby at once enabling themselves to force him and disable him to resist them in the prosecution of their designe against him And no sooner had they got the full strength of the kingdome but they actually and professedly set themselves against his Majesty Sir John Hotham keepes him out of Hull Aprill 23. Sr. John Hotham And the two Houses justifie his Trayterous Act Aprill 28. Not long after Mr. Martin sayes openly in the house of Commons and unreproved Mr. Martin That the Kings Office is forfeitable And that the happinesse of this Kingdome They strike at Monarchy as at Episcopacy root branch did not depend upon his Majesty or any of the Royall branches of that Roote And Syâ— Henry Ludlow That he was not worthy to be King of England Sr. Henry Ludlow Both Houses tacitly imply the deposing of the King They make attempts upon the Imperiall Crowne The Kings Negative vote The 19 Propositions which doubtlesse was the sence of the Parliament For May 26. both houses declare That they should not want modesty if they follow'd the highest Precedents of other Parliaments The Crowne it selfe cannot escape them nay they ayme at that ultimately For in the same Declaration they deny the kings negative Vote in Parliament And to deprive the King and the Crown of their power not only in Law-making but also in Governing They
offer to his Majesty 19 Propositions destructive of Regality and Monarchy Iune 2. And they enforce them as absolutely necessary to the publique safety whereas to the Kingdomes security The Forts and Castles and the Militia and the Navy alone are sufficient in case of danger and so the particulars are proposed and imposed on his Majesty only by way of designe to undermine Kingship and Monarchy And his Majesties former condiscentions touching the Forts and Castles and the Militia and the Navy Note being more then sufficient against their pretended dangers at present they also are demanded not for necessity but meerly of designe and policie They claime an absolute power over the Subject in Order to their Cause and to the present Warre And they take up Armes in prosecution of these Propositions and demands Iune 10. After they had in the forecited-Declaration of May 26. claimed a power over the people of the Land to dispose of their persons and estates in Order to their Cause and to compell them to serve in the present Warre The whol Series of Occurrents discover their Designe Thus the entire Series of Occurrents from their Summons to their Armes plainly discovers the malice of their hearts and the Reality of their Designe against the King and against the Crowne The severall particulars shew how they have moved from time to time And the severall particulars shew cleerly how they have moved from time to time first in a Parliamentary way by Bill then by Pamphlets in a seditious way afterwards in a Tumultuary way against the Parliament Next under the pretended priviledg of Parliament against the king Then by usurping the strength of the Kingdome and with insolency against his Majesty and not without attempts upon the Crowne it selfe And lastly other meanes being ineffectuall by force of Armes Why they raysed their Arms and continue them when they will lay them downe raysed at first to maintain and make good whatsoever they had preferred published acted usurped spoken declared proposed and to drive on their Designe against the King and to alter the Government of the Kingdome and to this day continued to perfect that alteration begun in part already and not to bee laid downe till it be compleated and setled to the utter overthrow of Monarchy and consequently to the Ruine and destruction of his Majesty and his Posterity who are the only Rub in their way and to be necessarily removed before their dominion can be established I shall omit all other Particulars before rehearsed leaveing them to the further consideration of every private man and insist only on the Propositions Why the other particulars were omitted and the Propositions only insisted on which are the very drift of all the former proceedings and a lively Portraiture of the whole Plot and the reason of the first Armes and the constant Argument of their Treaties and consequently the ground and end of the Warre The true state of the Warre on the Kings side and on the Parliaments THE Lords and Commons assembled in Parliament alleage That there was a Designe by Papists The Allegation of the Lords and Commons for taking up Armes and by an ill-affâ—cted Party to overthrowe our Religion Lawes and Liberties and to introduce Popery and Tyranny and that they tooke up Armes to defend our Religion Lâ—wes and Liberties The King alleageth That there was a Designe by a factious seditious anti-Monarchicall Party The Kings Allegation for his taking up of Armes to overthrowe the established government of Church and State and to settle the chiefe Power and Government in the two Houses of Parliament And that upon their Allegation aforesaid and in Order to their Designe aforesaid the two Houses have claimed and exercised a Soveraigne Power over the Lawes of the Land and an Arbitrary and Tyrannicall Power over our persons and Estates and have levyed warre and compelled us to serve in the warre as was pretended to keepe out Tyranny and Popery and so to carry on their Designe against Regallity and Monarchy And his Majesty tooke up Armes as he alleageth to maintaine the ancient Government of the Kingdome and our established Religion Lawes and Liberty Now the true cause of taking up and continuing of Armes on each side The true Cause of the war on both sides is best knowne by their Propositions offered before and treated on since the warre The Parliaments Propositions The Parliaments Propositions THAT a Bill be passed for the utter abolishing and taking away Arch-Bishops c. For abolishing Bishops For nominating the Officers of State and the Judges in England That the Lord high Steward of England Lord high Constable Lord Chancellor or Keeper of the Great-Seale Lord Treasurer Lord Privy Seale Earle Marshall Lord Admiral Warden of the Cinque-ports Chancelour of the Exchequor Master of the Wards Secretaries of State two Cheife Justices and the Cheife Baron be nominated by both Houses of Parliament The like for Ireland The like for the kingdome of Ireland as touching the Deputy or cheife Governour or other Governour there and the Presidents of the severall Provinces the Chancellor or L. Keeper L. Treasurer c. The Educating of the Kings children That he or they unto whom the Government of the kings children shall be committed shall bee approved of by both Houses of Parliament and their servants likewise For marrying them That no marriage shall be concluded or treated for any of the Kings children with any forraigne Prince or other person whatsoever abroad or at home without consent of the Parliament For the Militia That the Militia be setled and the Subjects of the Kingdomes of England and Ireland be appointed to be Armed Trayned and Disciplined in such manner as both Houses of Parliament shall thinke fit For the Admiralty and Navy That the Admiralty and force at Sea and power of raysing Money for the maintenance of those Forces and of the Navy bee setled in the two Houses of Parliament For the Forts and Castles That the Forts and Castles of the Kingdome shall be put under the Command and Custody of such Persons as shall be approved of by both Houses of Parliament For the votes of Peeres to be made hereafter That no Peere made hereafter shall sit or vote in Parliament unlesse they bee admitted thereto by both Houses of Parliament For concluding of Peace war That the Concluding of Peace and Warre with forraigne Princes and States bee with the advice of the Parliaments of both Kingdomes A quere upon the Parliaments Propositions Now the Question is Whether these Propositions considered The two Houses of Parliament doe truely take up Armes and continue them for the defence of our Religion Lawes and Liberties against Popery and Tyranny as is alleaged by them or not rather for the overthrowe of the established Government of Church and State and of Regâ—llity and Monarchy and for setling the
at any time hereafter subjected eyther to the King or to the two Houses of Parliament and that we be Governed not by Ordnances and Votes and Committees but by the known Lawes of the Land only and by the Ordinary Ministers of justice as well in the time of Parliament as out of it When and how Religion to be setled And when all the differences betweene the King and the Parliament and the Subject are quietly composed and his Majesty and the Parliament and the people quiet and compâ—sed in themselves then and not till then would I have Religion setled Our Religion abolished without hearing the conformable Clergy in a full and free convention of Parliament after a full and free debate by Divines on all sides And above all I would have the two Houses of Parliament and the People to lay aside prejudice partiality and incline to Truth and Justice Stand not in evill things Eccles 8 3. and not to looke after their owne private advantages or Interests but to intend and endeavor the publique Peace and Common happinesse of the Kingdome Also I would have them not carried away with Humor and Faction The parliament and the people to lay aside prejudice partiality selfe-interest Humors Faction and to bee guided by sound princples but to be regulated and guided by sound Principles of Policy Religion Loyalty of LiLiberty Parliamentary and Common of Order and Government and of Peace and Unitie And I advise them to seeke and pursue these things not severally and apart but joyntly and together Policy with Religion Religion with Loyalty Loyalty with the priviledge of Parliament priviledge of Parliament with Liberty Liberty with Order and Government See the premises concerning the fundamentall constitution of the kingdom Governement with Peace and Unity For in the due Harmonicall conjunction of all these consists our Civill Happinesse And they all Concenter in the fundamentall Constitution and Government of the Kingdome as before Also let them remember that they have Covenanted expresly with their Estates and Lives to preserve and defend the Kings Majesties Person and Authority in the preservation and defence of the true Protestant Religion and Liberty of the kingdomes Let the world judge whether these Propositions doe not diminish his Majesties just power and greatnesse so that the world may beare witnesse with their Consciences of their Loyalty and that they have no thoughts or intentions to diminish his Majesties just power and greatnesse And how his Majesty hath endeavored to preserve and defend the true Protestant Religion against Popery and the Liberty of the kingdome against Tyranny let all the world judge and see by his Propositions Lastly As their designe is against the constitution of the Kingdom so their proceedings are against the constitution of Parliament whereas the Covenanters have now turned their Propositions into Bills and seek by violent courses to compell the King to passe them they must know that hereby they overthrow the constitution of the Parliament and make their Propositions of none effect also Liberty of Vote being an esseentiall priviledge of Parliament and no act being valid and obligatorie which is not free and voluntary as is fully declared 15. E. 3. Thus they conceive Chaffe and bring forth Stubble Labor in vaine Ec. 33.11 And why doe wee spend our Money for that which is not Bread and our Labour for that which satisfyeth not Es 55.2 Who so is wise will ponder these things Psal 107.43 Now hee in whose hands are the Hearts of Kings and the Inclinations of Kingdomes grant that the King and his Parliament and the People may have now and ever upright hearts and good affections one to another And that under his Majesty and his Posteritie Wee and our Childrens Children may leade a quiet and peaceable Life in all Godlinesse and Honesty Amen Amen Not any among the people is like unto him whom the Lord hath Chosen And all the people shouted and said God save the KING 1. Sam. 10.24 Love the Truth and Peace Zach. 8 19.