Lordships have flowing from one and the same fountain with them namely the Kings will and pleasure commonly called The Kings Prerogative demonstrated by his Letters Pattents which in such a case is not worth a button as is clear by the Law and the very principles of Reason and that the Lordly Prerogative honour it self that they enjoy from the King which was never given them by common consent as all right and just honour and power ought to be is a meer boon and gratuity given them by the King for the helping him to inslave and envassalise the People and from theâ—r Predecessâ—rs whom William the Conqueror aâ—ias the Theefe and Tyranâ— made Dukes Earles and Barons for helping him to subdue and enslave the free Nation of England and gave them by the Law of this own will the estate of the Inhabitâ—nts the right owners thereof to maintain the Grandeur of their Tyranny and Prerogative Peerage And therfore their Creator the King doth in his Dce p. 324 ingeniously declare that their title to their legislative power is only by bloud And if so then not by common consent or choyce of the People the onely and alone Fountain of all just power on earth and therefore void null and at the best but a meer fixion and usurpation and the greatest or best stile they gave themselves in their joynt Declaration with the House of Commons page 508 is That the House of Peers are the Hereditary Councellors of the Kingdome and what right they have thereby to make the People Lawes I know not neither is it declared there by what right they came by their Hereditary Councellorship Nor yet is it there declared what it is So that I understand not what they mean by it which I desire them to explaine for sure I am it is a maxime in Nature and Reason That no man can be concluded buâ— by his own consent and that it is absolute Tyranny for any what or whom soever to impose a Law upon a People that were never chosen nor betrusted by them to make them Lawes But in that Declaration in the next line The chosen and betrusted House of Commons the only alone Law-makers of England the King and Lords consent to their Votes Lawes and Ordinances being but in truth a meer Ceremony and usurped formality and in the strength of Law which justly is nothing else then pure reason neither addes strength unto them nor detracts power from them is royally truly and majesterially stiled and called the representaive Body of the whole Commons of the Kingdome and so are in abundance of other places before cited Yea and whosoever seriously reades and considers the third Position laid down page 726. and laid down in the name of the Parliament shall see indeed and in truth the power of the Lords wholly cashiered their words are these That we did and do say that a Parliament may dispose of any thing wherein the King or any Subject hath a right in such a way as that the Kingdome may not be in danger thereby and that if the King being humbly sought unto by his Parliament shall refuse to joyn with them in such cases the Representative Body of the Kingdome that is to say the House of Commons alone the Lords representing no Body but themselves and their Ladies neither challenge they any such title but call themselves meerly Hereditary Councellours is not to sit still and see the Kingdome perish before their eyes and of this danger they are Judges and Judges superiour to all others I beseech you mark it well that legally have any power of judicature within this Kingdome Where are you my Lords And what say you to this your own ingenious confession For yours it is for any thing I know to the contrary unlesse you were all asleep when you past it Nay further My Lords If the Representative Body bee the Parliament as is here confessed and averred and that Representative Body be the House of Commons and none else as before is proved and the House of Commons or Representative Body be the Parliament as here they are called then My Lords what say you to that inference from hence drawn and naturally flowing and arising from the premises and proved by your first Pofition laid down in the fore-cited page 726. which is That the Parliament hath a power in declaring Law in particular cases in question before them and that which is so declared by the High Court of Parliament being the highest Court of Judicature ought not afterwards to be questioned by his Majesty or any of his Subjects for that there lyeth no Appeal from them to any Person or Court whatsoever so that the right and safety both of King and People shal depend upon the Law and the Law for its interpretation upon the Courts of Justice which are the competent Judges thereof and not upon the pleasure and interpretation of private persons or of Publike in a private capacity Good-night my Lords unlesse you will make a little more buzling and so make the stink a little more hot in the Nostrils of all men that have the use of their sences before your snuffe go cleer out the which if you do it will I am confident but cause it to go out with a witnesse And therefore look to it and remember the Star-Chamber the Councell-I able and High Commission Where are they all but in the grave of reproach contumely disgrace and shame And give me leave to tell you of the common Proverb now abroad of Canterbury and Strafford That if in the dayes of their prosperity which were as high and great as yours are or ever were they had thought they should have beene pulled down by the common People whom they strongly labonred to enslave and by their unwearied cryes to the eares of Englands supreame Judges for Justice were justly by them condemned to the block and lost their wicked Lordly Heads in the presence of many of those that they had tyrannized over they would have been more moderate just and righteous in their generations then they were Apply it my Lord s and remember Mr. Lilburn c. and the tyrannie you have exercised upon him for many weekes together both in Newgate and the Tower of London in locking him up close prisoner without the use of Pen Ink or Paper and not suffering his friends nor wife that singular comfort and help that the wise God provided for poor fraile man to set her foot within his Chamber door for about three Weekes together nor she nor any of his friends to deliver to his hands though in the presence of his Keeper meat drink or money and yet you never allowed himm 2. d. to live on that I could heare of and then unjustly sentence him 4000. l. and 7 years Imprisonment in the Tower c. there to be tyrannized over by one â—f your own Creatures Col. West Lieutenant thereof who hath divers weeks divorced him from his wife and
Regall Tyrannie discovered OR A DISCOURSE shewing that all lawfull approbational instituted power by GOD amongst men is by common agreement and mutual consent Which power in the hands of whomsoever ought alwayes to be exercised for the good benefit and welfare of the Trusters and never ought other wise to be administred Which whensoever it is it is justly resistable and revokeable It being against the light of Nature and Reason and the end wherefore God endowed Man with understanding for any sort or generation of men to give so much power into the hands of any man or men whatsoever as to enable them to destroy them or to suffer such a kind of power to be exercised over them by any man or men that shal assume it unto himself either by the sword or any other kind of way In which is also punctually declared The Tyrannie of the Kings of England from the dayes of William the Invader and Robber and Tyrant alias the Conqueror to this present King Charles Who is plainly proved to be worse and more tyrannicall then any of his Predecessors and deserves a more severe punishment from the hands of this present Parliament then either of the dethroned Kings Edw. 2. 01 Rich. 2. had from former Parliaments which they are bound by duty and oath without equivocation or colusion to inflict upon him He being the greatest Delinquent in the three Kingdoms and the head of all the rest Out of which is drawn a Discourse occasioned by the Tyrannie and Injustice inflicted by the Lords upon that stout-faithful-lover of his Country and constant Sufferer for the Liberties thereof Lieut. Col. John Lilburn now prisoner in the Tower In which these 4. following Positions are punctually handled 1. That if it were granted that the Lords were a legall Jurisdiction and had a judicative power over the Commons yet the manner of their dealing with Mr. Lilburn was and is illegall and unjust 2. That the Lords by right are no Judicature at all 3. That by Law and Right they are no Law-makers 4. That by Law and Right it is not in the power of the King nor in the power of the House of Commons it selfe to delegate the legislative power either to the Lords divided or conjoyned no nor to any other person or persons whatsoever Vnto which is annexed a little touch upon some palbable miscarriages of some rotten Members of the House of Commons which House is the absolute sole law-making and law-binding Interest of England Hos 8. 4. They have set up Kings but not by me They have made them Princes and I know it not LONDON Printed Anno Dom. 1647. The Printer to the Reader IF thou beest courteous Reader contribute but thy Clemency in favourable correctiting the Errata's notwithstanding much due care had in so publike a work as this is as we must acknowledge lye dispersed therin Pag. 1. line 2. for 32. read 33. p. 4. l. 11. for fifthly r. sixthly p. 7. 59. r. in the world see Hos 8. 4 p. 8. l. 17. for they r. he knowing that when he p. 10. l. 20. for Rom. r. revelation l. 29. r. Dan. 43. p. 11. l. 6. for against r. but by l. 38. for name r. hand p. 12. l. 2. r. and as he l. 16. sor 23. r. 33. l. 38. for his r. their p. 13. l. 24 sor ver 11 r chap. 8. ver 11. p. 15. l. 30. for trivial r cruel p. 16. l. 2. for rule r. cover p. 18. l. 16 for and his r. and her p. 19. l. 34. for rerforme r. performe p. 21. l. 1. blot out years of his l. 27. for this r. of this King l. 31. for most r. most base p. 23. l. 4. for 16. r. 6. p. 24. l. 10. for them r. him l. 25. for Realm granted him the ninth peny r Realm dear besides the 9. peny they granted formerly at one time for them to his Predecessor p. 26. l. 20. r have had l. 31. r. unusuall l. 35 r. after this p. 27. l. 2. r. uncounselable l. 26 r late King p. 34. l. 3. 457 r 655. l. 6 264 r 462 p. 39 l. 26 after Charles r but all his Predecessors received their Crown and Kingdom conditionally by contract agreement I doubt not but the present K. Ch his c. p. 40 l. 10. r. by but a l after KingdoÌ„ r that there shold not much more be an account of his Office due to this Kingdom it selfe p. 45 l. 23 after people r and comes lineally from no purer a fountain and well-spring then from their Predecessors l 25 blot out Dukes p 48. l. 29. that put in if after p. 56. l. 8 404 406 r. 504 506 p. 59 l. 34 1641 r. 1646. p. 60 l. 10 2 Sam 7 13 r. 1 King 12 1. p. 61 l. 17 at the end of justly r. come by and. l. 18 at the end of Prophet r. to K. Rehoboam who had assembled 18000. chosen men which were Warriers to go fight against the house of Ifrael p. 72 l. 2 in the margent for 254 r 264 l. last of the marg for 4 r. 467 p. 73 l. 15. 16 marg after 29 insert 46. after Rot. 2 insert 4 p. 75 l. 1 in marg for 5 r. 9 4 for 8. r. 18 in marg for 27. r. 2 part l. 9. for 58 r. 38. p. 76 l 19 for own r. other p. 77 l. 9. in marg 22 r. 102. p. 79 l. 1. abeas r. Habeas p. 81 l. 24 r. to deliver to l. 35 r. at which p. 84. l. 2 after his honesty r. his judges cariage l. 7 for Lordships r. Lobby p. 86 l. 26 blot out Dukes p 87 l 1 practises r. prises p. 88 l. 9. King r. Duke p 91 l. 13. r. and afterwards in England made Odo p. 92. l. 2. 3. r. of whose estate l. 36. for unindivalid r. unvalid p. 94 l. 21. r. conquirendum tenendem sibi heredibus adeo libere per gladium sicut ipse rex tenâ—it Anglia p. 95. l. 36. r. Comissioners p. 96. l 27. for incursion r. innovation p. 97. l. 23. r. But in the Knights p. 97. l. 3. in the marg for 84 r. 8 4 7. p. 98. l. 8. for nor r. for p. 101 l. 12. for 1646. r. 1645. A Table of the principall Matters contained in this ensuing Discourse A ANger of God against Israel for their choice of a King pag. 14. Abuses checkt pag. 25. Acts of the Parliament pag. 33. Appeal of Lient Col. Lilburn to the House of Commons how approved on there pag. 64. Arlet the Whore William the Conquerors Dam page 87. Arlet the Whore marryed to a Norman Gentleman of mean substance pag. 91 B. Bastardly Fountain of Englands Kings pag. 15. Bellamy pag. 1. his basenesse pag. 2 3. Bookes of L. C. Iohn Lilburn before pag. 3. and since the Parliament pag. 3 4 8 Books against L C. Lilburn p. 1. 4. Barons Wars p. 30 31. Behaviour of L. C. Lilburn
in the House of Lords p. 64. 65 69. Barons in Parliament represent but their own persons p. 97. C Challenges against the Lords p. 5. pag. 70. Clergy base inslavers of this land of old p. 89 90 93 94. Contents of this Discourse p. 6 62. Common-Councel p. 27. Charles-Stewarts jugling pag. 50 51. Charles Stewart not GOD but a meer man and must not rule by his will nor other Kings but by a Law pag. 9 10 11. Charles Stewart received his Crown and Kingdom by contract p. 33. and hath broken his contract pag. 9 14 41 42 43 50 51 52 57. Charles Stewart confuted in His vain proud words p. 32 33. Charles Stewarts Confession and Speeches against himself p. 40 41 56 57. Charles Stewart as Charles Stewart different from the King as King p. 35. Charles Stewart guilty of Treason p. 52 53 54 55 57. C. R. ought to be executed p. 57. D Dukes of Normandy first second third fourth fifth sixth and seventh p. 87. Dukes Marquesses and Viscounts not in England when the great Charter was made p. 98. Davies Sir I. Clotworthies friend his basenesse pag. 102 103 104 105 106. E Edwardus Râ—x Segnier pag. 15 16 88. His gallant Law p. 16. Edward the second p. 26 27 57 58. deposed and his eldest Son chosen p. 27 58 59. Edward the third pag. 27 28 29 30. Excommunication for infringing Magna Charta p. 28. Edward 4. and 5. p. 30 31. Earl of Manchesters and Colonel Kings basenesse p. 49 10â— Englishmen made slaves by the Normans p. 90. F False imprisonment it is to detain the prisoner longer then he ought p. 81. First Dake p. 9â— First Marquesse First Viscount First Parliament in the 1â— of H. 1. see pag. 17. G Government by Kings the worst government of any lawfull Magistracie p. 14. Greenland Company oppressors pag. 101. H Heathens more reasonable then the Lords p. 2. House of Peers illegality p. 43 45 86. and basenesse to the people pag. 44. Henry the 1. p. 17. Henry Mauds eldest son King after Stephen p. 19. Henry the 3. crowned and his basenesse p. 22 23. Henry the 4 5 7 and 8. p. 30 31. Hunscot the Prelates Catchpole now the Lords Darling p. 83. I John brother to R. the 1. chosen King p. 19. His basenesse to the Common-wealth p. 20 21 39. His end p. 22. Judges corrupt p. 23. Imprisonment of L. C. Lilburn p. 63 66. Ireland in her distressed condition cheated and couzened by Sir John Clotworthy and his friend Davies p. 102. to p. 106 K King is intrusted p. 34. Kings tyrannicall usurpation none of Gods institution pag. 7. 8. Kings subordinate to Lawes by God p. 8. and men p. 9 18 19 23 24 26 27 28 29 31 32 33 34 35 36 39 40 41 42 43 52 53 85 86. Kings must not be imposed but by the peoples consents p. 7. 20 32 41 60 61. Kings deposed p. 27 58 59 98. Knights Citizens and Burgesses represent the Lawes p. 97. King no propriety in his Kingdome p. 34. or Cities thereof or Jewels of the Crown and as King not so much as the Subjects in the Kingdoms pag. 32 38. Kings illegall Commands obeyed punished pag. 35 52 53 54. Kings are lyable to be punished pag. 41 59. K. Harrold p. 84 94. L Lawes made this Parliament pag. 33 34. Lieutenant of the Towers basenesse against L. C. Lilburn pag. 5. 48. Lords cause of loosing the Kingdome at first p. 93. Lords no legislative power by consent of the people p. 45 46. Lords may not lawfully sit in the house of Commons pag. 98 99. Lords contradict themselves p. 63. Lords power wholly cashiered p. 40 47 92. Lords overthrown by the Law see p 72. to p. 78. Lords illegality and basenesse against L. C. Lilbarn pag. 47 48. 65 66 67 84. proved so to be p. 62. 81. Lords no Judges according to Law p 69. Lawes included though not expressed Kings must not violate pag. 62. Lords no Judicature at all p. 84 85 86. M Maud p. 17 18. the Empresse taketh K. Stephen in bat tel p. 18. Massacre of the Jewes in England when pag. 19. Magna Charta what it is p. 26. Magna Charta's Liberties confirmed by Hen. the 3. p. 24. And by Edw. the 2. p. 27. And by Edw. the 3. p. 28 29. Members of the House of Commons taxed p. 100 101 102. Merchant-Adventurers p. 99. overthrown p. 42. N Normans whence they came pag. 86 87. Ninety seven thonsand one hundred ninety and five pounds which was for Ireland pursed by 4 or 5 privare men see p. 103 O Orders Arbytrary and illegall against L. C. Lilburn p. 2 47 48. 63 64 66. Odo the Bishop a Bastard seeketh to be Pope pilleth the Kingdom pag. 91 92. Oaths of Kings at their Coronation p. 19 26 28 31 32 33. Oath of K. Stephen p. 18. Oath of Justices p. 29. Objection about H. 8. alteration of the Oath of Coronation answered by the Parliament p. 32. Order of the house of Commons for L. C. Lilburn p. 84. Originall of the House of Peeres pretended power p 94. P Petition of Right confirmed p. 33. the Lords break it p. 2. Petition of L. C. Lilburns wife p. 72. to p. 78. Postscript of L. C. Lilburns p. 6. People must give Lawes to the King not the King to the people p. 85. Popes judgment refused by the people to be undergone by the King as insufferable p. 26. Power of Lords both of judicative and legislative throwne down p. 92 93. Parliament what it is p. 34. their institution p. 95. The manner of holding them p. 95. how kept p. 97. Parliaments greatnesse p. 34 36 37. Prerogative Peerage flowed from rogues p. 86 87. Proceedings of the Lords against L. C. Lilburn condemned by the Commons p. 64. Parliaments kept in old time withou t Bishops Earles or Barons Pag. 96 97. Q Questions of great consequence pag. 101 102. R Rehoboams folly pag 60 61. Richard the 1. pag. 19. Remedy against fraud p. 26. Richard the 2. p. 30. Deposed p. 30. Richard the 3. p. 30 31. Rebellion of the King 90 51. Rewards conferred by William the Conqueror upon his assistants p. 90 91. S Sir John Clatworthies basenesse p. 102. to 106. Stephen Earle of Bollaigne chosen King by free election p. 18. When hee was imprisoned by Maud p. 18 19. the people restituted him out and he was set up again p. 18. Sheriffes of London Foot and Kendrick their illegality pag. 68. Sentence of the Lords against L. C. Lilburn p. 70 71. T Ten Commandements explained p. 9 10. Tyrants Kings plagued by Gods justice p. 11 12 13 17. Tyrannie of Kings p. 13 17 19 20 21 22. Towers chargeablenesse of Fees p. 49. Tryals ought to be publike and examples for it page 81 82 83 84. Turkie Merchants pag. 99. W William the Conquerors History of him p. 14 15 16 45 87 88 89 90 91 92 93 94 95 a Bastard p. 87. His end
obtained saith Martin fol. 29. The Empresse with many honourable tryumphs and solemnities was received into the Cities of Circester Oxford Winchester and London but the Londoners desiring the restitution of King Edwards Lawes which she refused which proved her ruine and the restitution of King Stephen out of prison and to the Crown again and after some fresh bouts betwixt King Stephen and Duke Henry Mauds eldest Son a Peace was concluded betwixt them in a Parliament at Westminster and that Duke Henry should enjoy the Crown after King Stephen At the receiving of which he took the usuall oath and being like to have much work in France c. being held in thereby from all exorbitant courses he was therefore Wary to observe at first all meanes to get and retain the love and good opinion of this Kingdom by a regular and easie government and at Waldingford in Parliament saith Daniel fol. 80. made an act that both served his own turn and much eased the stomackes of his people which was the expulsion of strangers wherewith the Land was much pestered but afterwards was more with Becket the traytorly Arch-bishop of Canterbury And after him succeeds his Son Richard the first At the beginning of this mans Reigne a miserable massacre was of the Jewes in this Kingdom who went to the holy wars and was taken prisone by the Emperour as he came home of whom Daniel saith fol. 126. that he reigned 9 years and 9 moneths Wherein he exacted and consumed more of this Kingdome then all his Predecessours from the Norman had done before him and yet lesse deserved then any His brother Duke John being then beyond Seas with his Army was by the then Archbishop of Canterburies meanes endeavoured to be made King Who undertooke for him that he should restore unto them their Rights and govern the Kingdome as he ought with moderation and was thereupon after taking three oathes which were to love holy Church and preserve it from all Oppressours The Kings Oath to govern the State in justice and abolish bad Lawes not to assume this Royall honour but with full purpose to rerform that he had sworn Speed 534. crowned King And because the title was doubtfull in regard of Arthur the Posthumus Son of Geffery Duke of Brittain King Iohns eldest brother Speed fol. 532 he receives the Crown and Kingdome by way of election Daniel fol. 127. the Archbishop that crowned him in his Oration professing before the whole Assembly of the State That by all reason Divine and Humane none ought to succeed in the Kingdome but who should bee for the worthinesse of his vertues universally chosen by the State as was this man And yet notwithstanding all this he assumed power by his will and prerogative to impose three shillings upon every plough-land and also exacted great Fines of Offenders in his Forrests And afterwards summons the Farles and Barons of England to be presently ready with Horse and Arms to passe the Seas with him But they holding a conference together at Lecester by a generall consent send him word That unlesse he would render them their rights and liberties they would not attend him out of the Kingdome Which put him into a mighty rage but yet he went into France and there took his Nephew Arthur prisoner and put him to death by reason of which the Nobility of Britaigne Anjou and Poictou took Armes against him and summon him to answer at the Court of Justice of the King of France to whom they appeale Which he refusing is condemnâ—d to lose the Dutchy of Normandy which his Ancestors had held 300. yeares and all other his Provinces in France which he was accordingly the next yeare deposed of And in this disastrous estate â—aith Daniel fol. 130. he returnes into England â—nd charges the Earles and Barons with the reproaches of his lâ—sses in France and fines them by his Prerogative to pay the seventh part of all their goods for refusing his aid And after this going over into France to wrasâ—le another fall was forced to a peace for two years and returnes into England for more supplies where by his will iust and prerogative he layes an imposition of the thirteenth part of all moveables and other goods both of the Clergie and Laitie who now saith Daniel seeing their substances consume and likely ever to be made liablâ— to the Kings desperate courses began to cast about for the recovery of their ancient immunities which upon their former sufferance had been usurped by their late Kings And hence grew the beginning of a miserable breach between the King his people Which saith he folio 131. cost more adoe and more Noble blood then all the warres for raigne had done since the Conquest For this contention ceased not though it often had fair intermissions till the GREAT CHARTER made to keep the Beame right betwixt SOVERAIGNTY and SVBJECTION first obtained of this King JOHN in his 15. and 16. yeares of his yeares of his reigne and after of his sonne Henry the 3. in the 3. 8. 21. 36. 42. yeares of his reigne though observed truly of neither was in the maturity of a judiciall Prince Edward the first freely ratified Anno regni 27. 28. But I am confident that whosoever seriously and impartially readeth over the lives of King John and his sonne Henry the third will judge them Monsters rather then men Roaring Lions Ravening Wolves and salvadge Boares studying how to destroy and ruine the people rather then Magistrates to govern the people with justice and equity For as for King John he made nothing to take his Oath and immediatly to break it the common practice of Kings to grant Charters and Freedomes and when his turn was Consider compare and conclude served to annihilate them again and thereby and by his tyrannicall oppressions to embroyle the Kingdoâ—e in Warres Blood and all kind of miseries In selling and basely delivering up the Kingdome that was none of his own but the peoples as was decreed in the next Parliament Speed fol. 565. by laying down his CROWN Scepter Mantle Sword and Ring the Ensignes of his Royalty at the feet of Randulphus the Popes Agent delivering up therewithall the Kingdome of England to the Pope And hearing of the death of Geffery Fitz Peter one of the Patrons of the people rejoyced much and swore by the Feet of God That now at length he was King and Lord of England having a freâ—r power to untie himselfe of those knots which his Oath had made to this great man against his will and to break all the Bonds of the late concluded peace with the people unto which he repented to have ever condescended And as Daniel folio 140. saith to shew the desperate malice this King and Tyrant who rather then not to have an absolute domination over his people to doe what he listed would be any thing himselfâ— under any other that would but support him in his violences There is recorded an
the rest of his Suffragans solemnly pronounced the Sentence of Excommunication whiâ—h then was a feâ— full thunder-bolt against all such who should contradict those Articles which were there publikely read before the Barons and Commons of the Realme in the presence of the King Amongst which the observation and execution of Magnae Charta is required with all other ordinances necessary for the Church and Kingdome and that as the said King had done all stâ—angers should be banished the Court and Kingdome and all ill Councellors removed That the businesse of the State should be treated on by the Councell of the Clergy and the Nobles That the King should not begin any war or go any way out os the Kingdom without the common Councell of the same Daniel fol. 205. Speed fol. 652. But this King for his evill government breaking his Oaths and Contracts with his People was therefore by common consent in full Parliament deposed Which we shall have occasion bâ— and by more fully to speak of and the Bishop of Hereford as the mouth of those Messengers that were sent by the Parliament the Body of the State told him that the Common-wealth had in Parliament elected his eldest Son the Lord Edward for King and that he must resigne his Diadem to him or after the refusall suffer them to elect such a person as themselves should judge to be most fit and able to defend the Kingdome This Prince being crowned raigned above 50. years and hath the best commendation for Manhood and Justice of any Prince that went before him or that followed after him who yet notwithstanding though he came in by election and took the Oath at his Coronation which his Father took before him yet he fayled often in the performance of it Of which the BBp. of Canterbury in an Epistle written to him when hee was in France tells him home of it in these words That it was the safety of Kings and their Kingdoms to use grave and wise Councellors alleadging many examples out of holy Writ of the slourishing happinesse of such as took that course and their infelicity who followed the contrary Then wills him to remember how his Father led by evill Councell vexed the Kingdome putting to death contrary to the Law of the Land divers of the Nobility and wished him to consider what hapned thereby unto him 〈◊〉 to call to mind how himself at first through evill Councell about 〈◊〉 almost lost the hearts of his people But afterwards by the great 〈◊〉 and care of his Prelates and Nobles his affaires were 〈…〉 into so good order as he recovered them and is reputed the noblest Prince in Christendome But now again at present through the 〈◊〉 Councell of such as effect their own prosit more then his honour oâ— the welfâ—re of his People he had caused Clergy-men and others to be arâ—ested and held in prison by undue proceeding without being indicted or convilled contrary to the Laws of England which he saith he was â—â—â—nd by his Oath at his Coronation to observe and against Magna Charta which whosoever shall presume to infringe are to be by the Prelates excommunicate so that hereby he incurred no small detriment to his Soule and to the State and his Honour which he doubted if he proceeded in it would loose both the hearts of the people and their ayd and helpe Daniel Foli 229. 230. For which the King sharply according to his prerogative power reproveth him But shortly after the King found much to doâ— in the Parliament held at London being earnestly petitioned by the whole Assembly that the great Charter of Liberties and the Charter of Forrests might be duly observed and that whosoever of the Kings Officers inâ—ringed the same should loose their place That the high Officers of the Kingdome should as in former times * Read Daniel fol. 149. be elected by Parliament But the King stood stiff upon his prerogative but yet yeelded that these Officers should receive an Oath in Parliament to do justice unto all men in their Officâ—s and thereupon a Statute was made and confirmed with the Kings Seal both for that and many other Grants of his to the Subjâ—cts which notwithstanding were for the most part presently after revoked Daniel fol. 231. But forasmuch as About this time in the Statute-Bookes at large fol. 144. l find was an excellent Oath made in the 18. of Edw. 3. Anno 1344. intituled The Oath of the Justices I conceive it may be worth the reading and therefore it is not unnecessary here to insâ—rt it which thus followeth YE shall swear that well and lawfully ye shall serve our Lord the King and his People in the Office of Iustice and that lawfully ye shall counsell the King in his businesse And that ye shall not counsell nor assent to any thing which may turn him in dammage or disherison by any manner way or colour And that ye shall not know the dammage or disherison of him whereof ye shall not cause him to be warned by your self or by others and that ye shall do equall Law and execution of right to all his Subjects rich and poore without having regard to any person And that you take not by your self or by other privatly nor apertly guift nor regard of gold nor silver nor of any other thing which may turn to your profit unlesse it be meat or drinke and that of small value of any man that shall have any plea or processe hanging before you as long as the same processe shall be so hanging nor after for the same cause And that ye take no Fee as long as ye shall be Justice nor Robes of any man great or small but of the King himself And that ye give none advice nor counsell to no man great nor small in no case where the King is party And in case that any of what estate or condition they be come before you in your Sessions with force and arms or otherwise against the peace or against the form of the Statute thereof made Stat 2. E. 3. 3. to disturb execution of the Common-Law or to â—â—â—ace the people that they may not pursue the Law that ye shall cause their bopies to be arrested and put in prison And in case they be such that ye cannot arrest them that ye certifie the King of their names and of their misprision hastily so that he may thereof ordain a conveniable remedy And that ye by your selfe nor by others privily nor apertly maintain any plea or quarrell hanging in the Kings Court or else-where in the Country And that ye deny to no man common right by the Kings Lettâ—rs nor none other mans nor for none other cause in case any Letters come to you contrary to the Law that ye do nothing by such Letters but certifie the King thereof and proceed to execute the Law notwithstanding the same Letters And that ye shall do and procure the profit of the King and his Crown with
all things where you may reasonably do the samâ— And in case ye be from henceforth found in default in any of the points aforesaid ye shall be at the Kings will of Body Lands and Goods thereof to be done as shall please him As God you helpâ— and all Saints But now in regard we shall for brevities sake but only touch at Richard the sâ—câ—nd who for his evill government was Articâ—ed against in Parliament Martine fol. 156 157 158 159 160. Speed fol. 742. The substance of which in Speeds words were First in the front was placed his abuse of the publike treasure and unworthy waste of the Crown-Land whereby he grew intollerable grievous to the Subjects The particular causes of the Dukes of Gloucester and Lancaster the Arch-Bishop of Canterbury the Earle of Arundel filled sundry Articles They charged â—im in the rest with dissimuâ—ation faâ—shood â—osse of honour abroad in the world extortioâ—s rapine deniall of Justice rasuâ—es and eâ—bâ—zelling of records dishonourable shifts wicked Axiâ—mes of Sâ—atâ— cruelty covetousnesse subordinations lasciviousnessâ— reason to the rights of the Crown perjuries and briâ—fly wiâ—h all sorts of unkingly vices and with absolute tyranniâ— Upon which it was concluded That he had broken his Contâ—act made with the Kingdome or the Oath of Empire taken at his Coronation and adjudged by all the States in Parliament That it was sufficient cause to depose him and then the diffinitive sentence was passed upon him And wee shall wholly passe over Henry the 4. 5. and 6. Edward 4. and 5. Richard 3. Hen. 7. and 8. and shall come down to King Charles and not mention the particular miseries blood-sheds cruelties treason tyrannies and all manner of miseries that the free-born people of this Kingdome underwent in all or most of their wicked raigns especially in the Barons warres In which time the Inhabitants of England had neither life liberty nor estates that they could call their own there having been ten Batteâ—s of note fought in the Bowels of this Kingdome in two of their Râ—igns only viz. Hen. 6. and Edw. thâ— 4. In one of which 〈◊〉 there was 37. thousand English slâ—iâ— Martine fol 393 394 â—95 I say wâ— wiâ—l pâ—ssâ— by all these aâ—d give you the Copy of the Oath that King Edward 2. and Kâ—â—g Edward hâ— 3. by authority of Parliamenâ— took and which all thâ— Kings and Queens of England since to this day at thâ—iâ— Coronation â—ither took or ought to have taken never having bâ— auâ—â—oriâ—y of Parliament bâ—en altered since that I could hear of by which it will cleerly appeare that the Kings of England receive their Kingdoms coâ—diâ—ioâ—allâ— The true Copy of whicâ— as I find it in this Parliaments Declaration made in reply to the Kings Declaration or answer â—o their Remonstrance dated 26. May 1642. and set down in the Booke of Declarations page 713. SIR Will you grant and keep and by your Oath confirme unto the People of England the Lawes and Customes granted to them by antient Kings of England rightfull men and devout to God and namely the Lawes and Customes and Franchâ—ses granted to the Clergie and to the People by the glorious King Edward to your power Sir Yee keepe to God and to Holy Church to the Clergie and to the People Peace and accord wholly after your power Sir Yee do to be kept in all your Domes and Iudgments true and even Righteousnesse with Mercie and Truth The King shall answer I shall doe it Sir Will you grant defend fulfill all rightfull Laws and Customes the which the COMMONS of Your Realme shall choose and shall strengthen and maintain them to the Worship of GOD after Your power The King shall answer I grant and behight And then the Arch-Bishop of Canterbury at the time of the Coronation goes or should goe to the four sides of the Scaffold where the King is crowned and declares and relates to all the People how that Our Lord the King had taken the said Oath enquiring of the same people If they would consent to have him their King and Liege Lord to obey him as their King and Liege Lord who with one accord consenâ—ed thereunto Now let all the world be judge whether the Kings of England receive their Kingdomâ—s by contract yea or no. And if they do receive them by contract as is already undeniably proved before Then what becomes of that wicked and tyrannicall Maxime avowed by King Charles immediatly after his Answer to the Petition of Right Book Statutes fol. 1434. viz. That he did owe an account of his actions to none but GOD alone And of that erroneous Maxime mentioned in Book Declaration pag. 266. viz. That Kingdomes are Kings own and that they may do with them what they will as if Kingdomes were for them and not they for their Kingdomes But if any man shall object and say that King Henry the 8. with his own hands altered this Oath and therefore it is not the same Oath which King Charles hath taken To which I aâ—swâ—r and say The Parliament in their Declaration gâ—aâ—â—s that King Hen. the 8. c. aâ—tered it but they also say pag. 712. They do conceive that neither he nor any other had power to alter it without an Act of Parliament And in pag. 708. 709. They say They well know what Kings have dâ—ne in this point But we know also say â—â—ey that what they have done is no good rule alwayes to interpret what they â—â—ght to have done for that they are bound to the observation of Lawes by their Oath is out of question and yet the contrary practised by them will appear in all ages as often But to put this out of doubt whosoever reades the Oath taken by this King which he himself sets down in his Declaration Book Declar. pag. 290 291. will find no materiall difference betwixt that which hee took and that which he ought to have taken saving in that clause of passing New Lawes But there is enough in that he tooke to prove my assertion viz. That he received his Crown by a Contract which further to prove I alledge the Petition of Right which whosoever seriously readeth with his Answer to it shall finde it to be a large and absolute Declaration of a contracted duty betwixt him and his people viz. That it was his duty to govern them by Law and not by his Prerogative Will And when his first answer to their Petition did not please the Parliament they pressed him again out of Right to give a satisfactory one Which he out of Duty doth saying Let right bâ— done as is desired So that this is a clear demonstration and enough to prove that there is not only a bare Contract betwixt the King and the People but also that he is bound by duty to grant such Lawes as they shall rationally choose although there were no such Statute as the 25. of Edward the 3. which they mention in pag. 268 nor no such clauses as they speak
left to do what is aright in his own eyes without either guide or rule the wisdome of this State hath intrusted the Parliament with a power to supply what shall bee wanting on the part of the Prince as is evident by the constant custome and practice thereof in cases of nonage naturall disability and captivity and the like reason doth and must hold for the exercise of the same power in such cases where the Royall Trust cannot bee or is not discharged and that the Kingdome runs an evident and eminent danger thereby which danger having been declared by the Lords and Commons in Parliament there needs not the authority of any person or Court to affirme nor is it in the power of any person or Court to revoke that judgment for as they well say in their Declaration of the 26. of May 1642. page 281. it is not agreeable to reason or conscience that it should be otherwise seeing men should be put upon an impossibility of knowing their duty if the Judgment of the highest Court should not be a rule and guide to them And if the Judgment therefore should be followed where the question is who is King as before in that Declaration they have rpoved it ought much more what is the best service of the King and Kingdome and therefore those that shall guide themselves by the judgment of Parliament ought what ever happen to be secure and free from all account and penalties upon the grounds and equity of this very Statute of 11. Hen. 7. Chap. 1. And again page 697. they say very rationally There must be a Judge of the question wherein the safety of the Kingdome depends for it must not lie undetermined And if then there be not an agreement betwixt his Majesty and the Parliament either his Majesty must be Judge against his Parliament or the Parliament without his Majesty It is unsound and irrationall to give it to his Majestie who out of the Courts is not Judge of the least dammage or trespasse done to the least of his Subjects but the Parliament is the Representative Body of the whole Kingdome and therefore the absolute proper and legall Judge Besides If his Majesty in the difference of Opinions should be Judge he should be Judge in his own case but the Parliament should be Judges between his Majesty and the Kingdome And if his Majesty should be Judge hee should be Judge out of his Courts yea and against his highest Court which he never is nor can be but the Parliament should only judge without his Majesties personall consent which as a Court of Judicature it alwayes doth and all other Courts as well as it Therefore if the King be for the Kingdome and not the Kingdome for the King And if the Kingdome best knowes what is for its own good and preservation and the Parliament be the Representative Body of the Kingdome It is easie to judge who in this case should be Judge And therefore the Parliament are bound in duty to those that trust them to see that the king dispose aright of his trust being that right that the King hath as King in the things he enjoyes is of a different nature and for different ends to the right of propriety which a particular man hath in his Goods and Lands c. That of propriety is a right of propriety which a particular man may dispose of as hee pleaseth according to his own discretion for his own advantage so it bee not contrary to the publike good but the right of the King is only a right of trust which he is to mannage in such wayes and by such Councels as the Law doth direct and only for the publike good and not to his private advantages nor to the prejudice of any mans particular Interests much lesse of the Publike page 700. And therefore say they page 687. The King hath not the like liberty in disposing of his own person or of the persons of his children in respect of the Interest the Kingdome hath in them as a private man may have But if it shall be objected that the Parliament the representative of the Kingdome are not to intermeddle in the managing of his Majâ—sties trust because of the Oaths that they have taken wherein they swear that His Majesty is supreame Head and Governour over all persons and over all causes within his Dominions to which I shal return partly their own answer p. 703. That notwithstanding this they are bound to see it managed according to the true intent condition therof for no man doth nor can give a power to destroy himself and therefore say they If we should say the King hath in the Government of his People Superiors to wiâ— the Law by which he is made and his Courts c. It were no new Doctrine We have an antient Author for it viz. Fleta Book 1. Chap. 17. of substituting of Iudges If we should say the King is the single greatest but lesse then the whole it were no new learning it being an undeniable rule in reason that they that make a thing are alwayes greater then the thing made by them and certainly this of supreame Head and Governour over all persons in all causes as it is meant singular or single persons rather then of Courts or of the Body collective of the whole Kingdome so it is meant in curia non in camera in his Courts that his Majesty is supreame Head and Governour over all persons in all causes and not in his private capacity and to speak properly It is only in his High Court of Parliament wherein and wherewith his Majesty hath absolutely the supream power and consequently is absolutely supreame Head and Governour from whom there is no Appeale And if the High Court of Parliamen may take an account of what is done by his Majesty in his inferiour Courts much more of what is done by him without the Authority of any Courts And for my part say that though the King be the Supream Officer which is all and the most he is yet he is not the supreame Power for the absolute Supream Power is the People in generall made up of every individuall and the legall and formall supream Power is only their Commissioners their collective or representative Body chosen by them and assembled in Parliament to whom the King is and ought to give an account both of his Office and Actions yea and to receive rules directions and limitations from them and by them And although King John the 7. from William the Rogue aiias the chiefe Robber or Conquerour was so Atheistically and impiously wicked as to give away his kingdome of England unto the Pope as is before declared * pag. which was none of his owne to give or dispose of either to him or any other whatsoever which the people that lived in those dayes very well knew and understood and therefore as Speed in his Chronicles records fol. 565. in a generall Parliament held
Sons might in regard of that large promise that was made to David that his Sons should sit upon the Regall Throne for many Generations Again the King page 443. ingages to maintain the Priviledges of Parliament as far as ever any of his Predecessours did and as farre as may stand with that Justice which he owes to his Crown which what that is I have before declared and is very fully declared in that Oath which he himself hath taken page 291. although it fail and is very short of that he ought by law and right to take so that now I have fully proved I am confident of it without any starting hole left for contradiction That the King receives his Crown by contract and agreement unto which by Law and Right he is bound and tied I thought to have here inserted some excellent passages for the further illustration of the Position out of the first and second parts of the Observations and a late Book called Maximes unfolded But in regard I have I am afraid been over-tedious already I will refer you to the bookes themselves or in case they be hard to come by to that abridgment of the marrow of them which you shall finde in an excellent and rationall Discourse of Mr. Lilburns against those Vipers and grand Enemies to the Liberties of England the monopolizing Merchants in his Book called Innocenciè and Truth justified page 57 58 59 60 61. I come now to the last branch of the minor Proposition which is THAT KING CHARLES HATH BROKEN HIS CONTRACT AND AGREEMENT And for the proofe of this I must lay downe this assertion That the Parliament is the only proper competent legall supreame Judge of this as well as of all other the Great Affaires of the Kingdom â—s is before largely proved And for further illustration reade Book Declar. pag. 100 112 171 172 170 202 693 716. Now in the next place let us consider what the Parliament in their publike Declaration say of the King who confesses himself as well as the Parliament asserts and proves it that his Oath taken at his Coronation tyes him to raigne and govern according to Law Yet whosoever seriously reades over the first Petition and remonstrance of the State representative of England commonly called the House of Commons who onely and alone have and ought to have that title Pag. 264. 336. 508. 613. 628. 654. 655. 703. 705. 711. 724. 725. 726. 728. 729. 730. The House of Peers being meer usurpers and inchroachers and were never intrusted by the people who under God the fountaine and Well-spring of all just power as well legislative as other with any legislative power who meerly sit by the Kings prerogative which is a meer bable and shaddow and in truth in substance is nothing at all there being no law-making-Law-making-power in himselfe but meerly and onely at the most a Law-executing-power who by his Coronation Oath that he hath taken or ought to have taken is bound to passe and assent to all such Lawes as his people or Commons shall chuse as is largely by the forecited Declarations of the Parliament proved Now if he have not a legislative power in himselfe as the Lords themselves by joyning with the Commons in their Votes and Declarations do truly confesse and notably prove how is it possible for him to give that to them which is not inherent in himselfe Or how can they without palpable usurpation claime and exercise a Law-making-power derivatively from the King alone when he hath none in himselfe which they themselves confesse and prove wherefore how can the House of Commons the representative body of England without willfull perjury having so often sworne to maintaine the Liberties of England and without being notoriously guilty of Treason to themselves and others and all those that chuse them and trusted them suffer the Lords to continue in their execution of their usurpations many times to the palpable hazard yâ—a almost utter ruin of the Kingdome by their denial thwarâ—ing and crossing of those things that evidently tends to the preservation of the whole Kingdome and by their pretended leg slative power destroy whole families and fill the Jayles of Londm at their pleasure contrary to Law and right with COMMONS with whom they have nothing to do without being controled by the Trusteâ—s of the people the HOUSE of COMMONS although they be legally appealed to for that end witnesse Mr. Lâ—lburne Mr. Staveley prisoner in the Fleete Mr. Learner for himselfe and servants Mâ— Overton c. to their everlasting shâ—â—â— and disgâ—ace bâ—â—â— spoken Oh therefore awake awake and 〈◊〉 with strength and resolution ye chosen and betrusted ones of England the earthly arme strength thereof and free your Masters and betrusters the whole State of England from those invading â—â—urping Tyraâ—â—â—call Lords Bondage and Thraldoms lest to your shame they do it themselves and serve them as they did the Bishops for preservation your selves siy is just Pag. 44. 150. 207. 496. 637 72â— 226. and is as antient a Law as any is in the Kiâ—gdâ—m pag. 207. And you have also the 17. Aprill last declared that you wilâ— suffer no arbitrary tyrannicall power to be exercised over the freemen of England but the Lords do it therefore if ye be true and just men such who would be believed and trusted do as you say before the Lords by their plots with the enemies of the freedoms of England such as wicked English and Scots Lords and other prerogative Courtiers and corrupt Clergy and patentee Monopolizers and contentious wrangling jangâ—ing and pety fogging Lawyers and by their own impudent and uncontrouled injustice imbroyle this Kingdome in a second warre they and their associates and confederates having been the cause of the by-past warres not for any love to the Liberties of England though that was their pretence but meerly out of malice to the raigning and ruling party at Court whose utmost desire was to unhorse them that so they might get up into the saddle and ride raigne and rule like Tyrants themselves they loving at this very day the King-Prerogative Tyranny and oppression as dearly as any of these at Court which they complained of witnesse their dayly actions and the actions of all their fore-mentioned faction which is lively haracterised in a late Discourse called A Remonstrance of many thâ—usand Citizens and other Free-born People of England to their owne House of Commons and will more fully be laid open shortly in the second part of it But if the Lords think they are wronged by this digression and that their right to their Legislative power is better then is here declared I desire their Lordships or any other for them to let the Kingdome know what better right they have to sit in Parliament then the old Popish Abbots had that are long since as Incrochers abolished Or then the Bishops or the Popish Lords that are lately defunct do Sure I am the right they had was as good as any their
Councellers hath now at last resolved to set up his royall Standard and draw his sword for the destruction and ruine of his most faithfull and obedient people whom by the lawes and constitutions of this Kingdome he is bound to preserve and protect Yea and in their answer sent to his Messenger from Nottingham August 25. 1642. pag. 580 They tell him plainly that though they have used all meanes possible to prevent the distractions of this Kingdome which have been not onely without successe but there hath followed that which no ill Councell in former times hath produced or any age hath seene namely those severall Proclamations and Declarations against both the Houses of Parliament whereby their actions are declared Treasonable and their persons Traytors and thereupon your Majesty hath set up your Standard against them whereby you have put the two Houses of Parliament and in them this whole Kingdome out of your protection and as I may truly say have thereupon virtually ceased to be King so that untill your Majesty shall recall those Proclamations and Declarations whereby the Earle of Essex and both Houses of Parliament and their adherents and assistants and such as have obeyed and execuâ—ed their commands and directions according to their duties are declared traytors or otherwise delinquents And unâ—ill the Standard set up in the pursuance of the said Proclamations be taken downe your Majesty hath put us into such a condition that whil'st we so remaine we cannot by the fundamentall priviledges of Parliament the publike trust reposed in us or with the generall good and safety of this Kingdome give your Majesty any other answer to this Message The same language they speake to him in their Petition pag. 584. And in their Message pag. 585. And in their Petition 587. And in their Declaration pag. 576 They say plainly that the King seduced by wicked Councell doth make warre against his Parliament and people And in their Petition sent by Sir Philip Stapleton to the Earle of Essex to be presented to His Majesty pag. 617. They say positively His Majesty warres against the Parliament and subjects of this Kingdome leading in his own person an Army against them as if he intended by conquest to establish an absolute and unlimitted power over them and by his power and the continuance of his presence have ransacked spoyled imprisoned murthered divers of his people yea and doth endeavour to bring over the Rebels of Ireland and other forces from beyond the Seas And in their Declaration and resolution after the King had proclaimed the Parliament and the Earle of Essex Traytors pag. 508. 509. They call that very Proclamation an attempt so desperate and so transcendently wicked that the Lords and Commons do unanimously publish and declare that all they who have advised contrived abâ—â—ted or countenaâ—ced or hereafter shall abett and countenance the said Proclamation to be Traytors and enemies to GOD the King Kingdome and to be guilty of the highest degree of Treason that can be comitted against the King and Kingdome that they will by the assistance of Almighty God and of all honest English Protestants and lovers of their Country do their best endeavours even to the utmost hazard of their lives and fortunes to bring all such unparalleld traytors to a speedy and exemplary punishment Be sure you be as good as your word for GOD of all villians abhors faith-breakers and take heâ—d by your actions and treatyes with the unjust and false King Charles one of the Monsters of the earth you do not give a just and visible cause of ground not onely to all rationall men in England but in the world that knowes reades and understands your often solemn sworne Oathes vowes Protestations and ingagements to judge you a forsworne false and perjured Generation and fit to be abhorred of GOD and all good men for to speake truth and right Hath not Charles Stewart committed treason against King Charles sure I am he hath done it against the KINGDOME of ENGLAND and that I prove by your own grounds thus The Proclamation that you so much cry out of comes out in his name and stile pag. 503. 404. 406. 507. And therefore his Ergo. For he ownes his own Proclamations and Declarations and jeeres you for a company of simpletons for declaring it otherwise His words pag. 248. are All our answers and Declarations have been and are owned by us and have been attested under our hands if any other had been published in our name and without our authority It would be easy for both Houses of Parliament to discover and apprehend the Authors And we wish that whosoever was trusted with the drawing and penning of that Declaration namely the Parliaments dated 19 of May 1642. had not more authority or cunning to impose upon or deceive a major part of those votes by which it passed then any man hath to prevaile with us to publish in our name any thing but the sâ—nce and resolution of our own heart And since this new device is found out in stead of answering our reasons or satisfying our just demandes to blast our Declarations and answers as if they were not our own a bold senselesse imputation we are sure that every answer and Declaration published by us is much more our own then any one of those bold threatning and reproachfull Petitions and remonstrances are the acts of either or both houses Yâ—a and as if all this were not enough to be done by a trust sufficiently for ever to declare the forfeiting of his trust and Kingly Office the King himself hath caused the Iewels of the Crown to be pawned to buy instruments of warre to butcher and murther his people who never gave him any power and authority for any other end but to protect defend and preserve them neither did he ever in his life injoy any other power either from God or man but for that end yet in his speech to the people of SALOP he declares he will melt down all his own Plate and expose all his land to sale or morgage though it be none of his but the Kingdomâ—s that so he may the faster cut the throats and shed the innocent blood of those his brethren that betrusted him with all he had or hath for their good and welfare Yet to fillup the measure of his iniquity he not his evill counsellors hath given Commission to his Commissioners of Array Sheriffes Mayors Justices Bailiffes or any other whatsoever to raise Force and to kill and slay all such as should hinder the EXECVTION of his Royall command or put the Ordinance of Militia though it were for their own preservation in Execution pag. 581. And the same bloody murdering Commissions he hath given to his Instruments in Scotland Ireland to Butcher destroy and ruinate the people there So that to sum up all the Parliament told him plainly in their late letter sent to him at Oxford That he was guilty of all the innocent blood
shed in England Scotland and Ireland since these wars which is the blood of thousands of thousands For which if all the sons of men should be so base and wicked as not to doe their duty in executing justice upon him which Legally may and ought to bee done by those especially who have Power and Authority in their hands Yet undoubtedly the righteous God will and that I am confident in an exemplary manner in despight of all his bloody add wicked protectors and defenders For GOD is a just GOD and will revenge innocent blood even upon Kings Judg. 1 6 7. 1 Kings 21. 19. 22. 38. Isa 30. 33. Ezek. 32. 29. and will repay wicked and ungodly men Isai 59. 18. Therefore I desire those that shall thinke this a harsh saying to lay down the definition of a Tyrant in the highest degree and I am confident their own Consciences will tell them it is scarce possible to commit or doe that act of Tyranny that Charles Stewart is not guilty of and therefore de jure hath absolved all his people from their Allegeance and Obedience to him and which the Parliament are bound in duty and conscience De facto to declare and not to bee unjuster to the Kingdome then their predecessors have been which in part I have already memioned and shall to conclude only cite some particulars of the Parliaments just dealing with Edward the second who was not one quarter so bad as C. R who being called to account by the Parliament for his evill government and being imprisoned at Kenelworth-Castle the Parliament sent Commissioners to acquaint him with their pleasure the Bishops of Winchesâ—â—r Hereford and Lincoln two Earls two Abbots foure Barons two Justices three Knights for every County and for London and other principall places chiefly for the five Ports a certain number chosen by the Parliament And when they came to him they told him the Common-wealth had conceived so irreconcileable dislikes of his government the particulars whereof had been opened in the generall Assembly at London that it was resolved never to endure him as King any longer That notwithstanding those dislikes had not extended so far as for his sake to exclude his issue but that with universall applause and joy the Common-wealth had in Parliament elected his eldest sonne the Lord Edward for King They finally told him that unlesse he did of himselfe renounce his Crown and Scepter the people would neither endure him nor any of his children as their Soveraigne but disclaiming all Homage and Fealty would elect some other for King not of the Blood The King seeing it would be no better amongst other things told them That he sorrowed much that the people of the Kingdom were so exasperated against him as that they should utterly abhorre his any longer rule and soveraignty and therefore he besought all there present to forgive him and gave them thanks for chusing his eldest sonne to be their King which was greatly to his good liking that he was so gracious in their sight Whereupon they proceeded to the short Ceremony of his Resignation which principally consisted in the surrender of his Diadem and Ensignes of Majesty to the use of his son the new King Whereupon Sir William Trussel on the behalfe of the whole Realm renounced all homage and allegeance to the Lord Edward of Carnarvan late King The words of the definitive Sentence were these I William Trussel in the name of all men of the Land of England and all the Parliament Procurator resigne to thee Edward the Domage that was made to thee sometime and from this time forward now following I defy thee and deprive shee of all Royall power and I shall neuer be attendant to thee as for â—ing after this time But if any object It is true Subjects and people have de facto done this unto their Kings but they cannot doe it de jure for that Kings are above their people are not punishable by any but God I answer God is the fountain or efficient cause of all punishment But as to man instrumentally he inflicts by man And though he be our supream Lord and Law-Maker hath for bodily and visible transgressions of his Law appointed a visible and bodily punishment in this world for the transgressors thereof and man for his instrumentall executioner and never ordinarily doth it immediatly by himself but when his Instrument Man failes to doe his duty and being a God of order hath appointed a Magistrate or an impowred man as his and their executioner for the doing of justice and never goeth out of this Road but in extraordinary cases as he doth when the Magistrate is extraordinarily corrupted in the executing of his duty and in such cases God hath raised up particular or extraordinary persons to be his executioners And therefore God being no respecter of persons hath by nature created all men alike in power and not any lawlesse and none to bind each other against mutuall agreement and common consent and hath exprâ—sly commanded Man his rationall creature shall not tyrannize one over another or destroy by any intrusted power each other but that the intrusted Kings as well as others shall improve the utmost of their power and strength for the good and benefit protection and preservation of every individuall Trustee And whosoever he be that shall improve his intrusted power to the destruction of his impowrers forfeits his power And GOD the fountain of Reason and Justice hath endued man with so much reason mercy humanity and compassion to himself and his own Being as by the instinct Nature to improve his utmost power for his own preservation and defence which is a Law above all lawes and compacts in the world Declar. April 17. 1641. And whosoever rejects it and doth not use it hath obliterated the principles of Nature in himselfe degenerated into a habit worse then a beast and becomes felonious to himselfe and guilty of hâ—s own blood This Israel of old the Lords peculiar people understood as well as the people of England although they had 〈◊〉 expresse posiâ—ive law no more then we in England have to rebell or withdraw their obedience subjection from those Magistrates or Kings that exercise their power and authority contrary to the nature of their trust which is plain and cleare without dispute in the case of Rehoboam who was the son of Solomon who was the sonne of David who was assigned King by GOD and chosen and made King by the common consent of the people of Juda and Israel 2 Sam. 7. 13. And who by vertve of Gods promise to him and his seed to be Kings over his people had more to say for his Title to his and their Crown I am confident of it then all the Princes in the world have to say for their claim and childrens to their Crown For Rehoboam was not onely the sonne of Solomon who was in a manner intailed by God himselfe unto the Crown
first time hee came before them Iune 11. 1646. After he was come into the House some of his friends and some strangers stept in as by Law and Justice they might But the Earl of Manchester as Speaker of that House commanded them all to withdraw which they were forced to doe And this I averre not by hear-say but out of knowledge And the second time he came before them which was 23 Iune 1646. It was little otherwise his friends being turned out of doores though some of his enemies scoffers and deriders were permitted to stay And the third time which was upon the 11. Iuly 1646 as I understand he had much adoe with the dore-keepers to get his wife to be admitted in though a great many of the Sheriffes Sharks and Caterpillars that accompany the Hang-man to Tyburn the day he doth execution were freely admitted Hounscot the tyrannicall Prelates old-cruell Catchpole and now the Lords speciall Darling and Favourite a man transcendent in basenesse and wickednesse and therefore more fit sor their Lordships with some others of their own creatures were admitted in as parties fit to bear false witnesse against him and make false reports of his and his honesty And Lieutenant-Colonel Lilburns friends were so far from being admitted into the Lords House to see and behold the justnesse of their proceedings that the doore of the Painted-Chamber was locked and strongly guarded against them and if any of them in the croud got in there they had a second barre at their Lordships doore and if by great chance they at the opening thereof crowded in the Officers that stood at the inner doore took special care to hinder them from admittance there Oh the height of injustice and basenesse at the doing of which or hearing of it the Lords may justly blush for shame if they had either any honesty or ingenuity left in them and thus much for the first Position I come now to the second which is That if the Lords were aâ— Iudicature yâ—t they have no jurisdiction over Commoners But this is so fully proved in Mrs Lilburns Petition that I shall need to say no more to it but referred the judicious Reader thereunto and to a Printed Letter written by Mr. R. OVERTON a prisoner in Newgate committed thither by the Lords to Colonell HENRY MARTIN a Member of the Honourable House of Commons which Letter is a most notable rationall peece worth the reading I passe now to the third which is to give you some reasons to manifest that the LORDS are no Judicature tâ—all But â—eâ—r I shall crave leave to informe the Reader that the foregoing diseourse was made and finished above two moneths agoe and hearing that there was an Order from the Committee appointed by the House of Commons to consider of the priviledges of the Commons of England to bring Lieutenant Collonel Lilburne up before them I conceived he would then be aâ—liberty to write himselfe aâ—d his discourse I thought might adde much to strengthen the things I drive at and desire to declare and prove and therefore I â—avâ— sate still without makeing any pâ—â—gâ—â—sse to finish this discourse till this present conclusiâ—n of this present mâ—neth of November 1646. And my expectation I have not failed for he hath published two notable discourses of his own and some freind of his a third and therefore I shall earnestly desire the studious and inquisitive Reader for the further illustration and proofe of the first and second positions lavd down in pag. 6. and already handled in pag. 63. 64. 65. 78. c. seriously to read over the 23 24 25 26 27 28 29 30 31. pages of his first book called Londons Liberty in Chaines discovered printed Octob. 1646 And the 5. 6 7 8 9. 11. 14. 22. pages of his speech to the aforesaid Committâ—e Nov. 6. 1646. and since by him published in print and called An Anatoamy of the Lords Tyranny And the 23 24 37 38 29 40 41 42 43 44. 46. 47. pages of his friends booke called Vox Pâ—ebis a most notable discourse In the 26 27 28 29 31. 32. pages of which you may reade his Charge and â—entence in the House of Lords Now having premised this I returne to the third thing to be handled which is to give you some reasons to manifest that the Lords House are no â—udicatour at all And for the illustration of this I shall desire it may be considered that no jâ—dicaâ—ure can justly be erected or set up unlesse it legally derive pâ—wer from those that have a legall power to erect constituce or institute it and I thinke this will be granted of all sides And therefore let us make inquisition who according to law and right in England â—ave an originall and true power to erect judicatures aâ—d I say onely the legall Commissioners of the people commonly called the Commons of England Assembled in Parliament and not the King who is not to give a law unto his people but his people unto him as is before largely proved pages 37 38 39 40 41 42 43. And as he confesseth in his Coronaâ—â—on-Oath that he hath taken or ought to have taken which you may read before pag. 31. 32. and which is declared by the statute of provisoes of benefices made Anno. 25. Ed. 3. Annodom 1350. which you may read in the statutes at large pag. 157. about the midst of which you have these words whereupon the said Commons have prayed our said Lord the King that sith the right of the Crowne of England and the law of the said Realme is such that upon the mischiefes and damages which happen to his Realme he ought and is bound by his oath with the accord of his people in his Parliament thereof to make remedy and law and in removing the mischiefes and damages which thereof insue that it may please him thereupon to ordaine remedy and it followes in these words Our Lord the King seeing the mischiefes and damages before mentioned and having regard to the said statute made in the time of his said Grandfather and to the causes contained in the same which statute holdeth alwayes his force and was never defeated repealed nor adnulled in any point and by so much he is bounden by his Oath to cause the same to be kept as the Law of his Reaâ—me though that by sufferance and negligence it hath been sithence attempted to the contrary c. But the House of Peeres neither derive nor challenge their Iudicature not in the least either from Commons in generall or from their Commissioners Deputies Trustees or Representors in Parliament Assembled and therefore are no legall Iudicature at all And that they do not derive their power either from the people under God the absolute and alone fountaine of all true power or their Commissioner read before pag. 45. where you shall finde that the King their groundlesse creator saith they have their power by blood and themselves claime it from no truer fountaine then by
wâ—â—ch brought the curse uâ—on him and all his Posterâ—cy that he was not content with the stâ—tion aâ—d condition that God creaâ—ed him in but did asoâ—re unto a bâ—tter and more excellent namely to belike his Creator which proved his ruine yea and indeed hâ—d been the eveâ—lâ—sting rainâ— destruction of him and all his had not GOD bâ—en the more merciâ—ull uâ—to him in the promised Messiah Gen. Chap. 3. Now for the government of England It hath been by custome principally and for the most part by the tyrannicall usurpation of a King and therefore it will be requisiâ—e to search inâ—o the Scripture and see whether ever GOD approbationally instâ—tuted it or onely permissively suffered it to be as he doâ—h all the other evils and wickednesse in the world and for the better understanding of this It is requisite to remember that we find in Scripture That GOD was not only Israels husband and did perform all the offices of a loving husband in his sweet and cordiall embracements of her and loving dispensations to her but also he was her KING himself to â—aign and rule over her and to protect and defend her and being the Lord Almighty and knowing all things past present and to come knew well that Israel would be forgetfull of all his kindnesse and though he had chosen them out of all the world in a speciall manner to be his peculiar ones yet they would forsake him and desire to be like the World And Moses declares thus much of them after they had enjoyed the good things of God in abundance But Jesurun waxed fat and kicked Thou art waxed fat tâ—ou arâ— grown thicke thou art covered with fatnesse then he forsook God which made him and lightly esteemed the Rock of his salvation Deut. 32. 15. And therefore they knowing that when he possessed the Land of Canaan they would reject him and desire a King like all the rest of â—he Heathens and Pagans to reign over them Yet they being dear unto him he would not wholly reject them but gave them a Law for the chusing of a King and his behaviour which we find in Deuâ— 17. 14 15 16 17 18 19 20 in these words When thou art â—ome into the Lanâ— wâ—â—ch Jehovah thy God giveth thee and shalt possesse it and shalt dwell therein and shalt say I will set a King over me like as all the Nations that aâ—e about me Thâ—u shâ—lt in any wise set him King over thee whom Jehovah thy God shall chuse one from among thy Brethren shalt thou set King over thee Thou mayst not set a stranger over thee which is not thy brother But he shall not multiply horses to himsâ—lf nor cause the people to retuâ—n to Egypt that is to bondage or slavery to the end thâ—t he should multiply horses Foâ—asmuch as Jehovah hath said untâ— yâ—u Ye shall henceforth return no morâ— that way that is to say â— shall be no mâ—re slaves Neither shall he multiply â—ivâ—s to himself that his heart turn not away neither shall â—â— gâ—eâ—tly multiply to himselâ— silver and Gold And it shâ—ll be when he sitteth â—pon the â—â—hrone of his Kingâ—om that he shall write him a Copy of this Law in a Book on of that which is before the Priests the Levites And it shall be with him and he shall reade therein all the dayes of his lifâ— that he may learn to feare Jehovah his God to keepe all the words of this Law and thâ—se Statutes and do them That his heart be not listed up above his Brethren and that he turn not aside from the Commandement to the right hand or to the left to the end that he may prolong his dayes in his Kingdome he and his children in the middest of Israel So that to me it is very cleer that all Government whatsoever ought to be by mutuall consent and agreement and that no Governour Officer King or Magistrate ought to be betrusted with such a Power â—s inables him when he pleaseth to destroy those that trust him Aâ—d wickedness in the highest it is for any King c. to raign and govern by â—is Prerogative that is to say by his will and pleasure and as great wickednesse it is for any sort of men to sufâ—â—r him so to do For the proofe of this I lay down my Argumenâ— thus and we will apply it to the King of England in perticular He that is not GOD but a meer man cannot make his will a rule and law unto himself and others But Charles Stewart alias Charles Rex is not God but a meer man Ergo he cannot make his Will a rule and Law unto himselfe or to the people of England Secondly He that by contract and agreement receives a Crowne or Kingdome is bound to that contract and agreement the violating of which absolves and dâ—singages those that made it from him But King Charles received His Crowne and Kingdome by a contract and agreement and hath broken His contract and agreement Ergo. c. Now for the clearing of the first proposition it is confest by all that are not meer Athists That GOD alone rules and governs by his Will and that therefore things are legall just and good Because GOD wills them to be so And therefore all men whatsoever must and ought to be ruled by the Law of GOD which in a great part is engraven in Nature and demonstrated by Reason As for instance It is an instinct in Nature that there is a GOD Rom. 1. or a mighty incomprehensible power And therefore it is rationall that we should not make Gods unto our selves and this is the pith of the first Commandement Nature telling me There is a God And therefore secondly its rationall he only should be worshipped served and odored and that 's the marrow of the second Commandement And in the third place seeing nature tells me there is a GOD reason dâ—ctâ—â—â—s unto me that I should speak reverently and honourably of hâ—m And this is the sumâ—e of the third Commandement Fouâ—thly Nature dictating to me there is a GOD. It is rationaâ—l I should â—et some time apart to do him homage and service And seeing the inâ—â—â—â—ct of Nature causes me to look upon him as a Soveraign over me â—s but rationall haâ— he should appoint a Law unto me for the matter manner and time of his worship and service and this is the substance of the fourth Commandement Again seeing nature teacheth me to defâ—â—d my self and preserve my life Reason telleth me in th◠〈◊〉 〈◊〉 it is but just that I should not doe that unto another which I would not have another doe to me but that in the affirmative I should do as I would be done unto And this is the marrow of the whole second Table of Gods Law from whence all Lawes amongst men ought to have their derivation And therefore because by nature no man is GOD or Soveraign one over another Reason tells me I ought not to have a law imposed
in or about the year 1214. The Prelates Lords and Commons severally and joyntly enacted That forsomuch as neither King John nor any other King could bring his Realme and People to such thraldome but by common consent of Parliament which was never done and that in so doing he did against his Oath at his Coronation besides many other causes of just exception If therefore the Pope thence forwards should attempt any thing therein the King with all his Subjects should with all their forces and powers resist the same and rather hazzard all their lives and livelihood then endure his usuâ— pationâ— But if any man should so dote upon those Pageanâ—s Tyrants Kings the supposed and pretended aâ—nointed of the Lord as yet not to think it sufficient to prove that not onely the present King Charles his own acknowledgment and confession will be of force sufficient to pull all Scales of blindnesse from their eyes and all hardnesse and unbelievingnesse of heart from their hearts His own words in his answer to the House of Commons first Remonstrance Book Declar. pag. 25. are these We have thought it very suitable to the duty of Our place and pag. 29. and We â—aith he doubt not it will be the most acceptable Declaration a King can make to his Subjects that for Our part We are resolved duly not only to observe the Lawes Our Self but to maintain them agrinst what opposition soever though with the hazard of Our Being and a little below We acknowledge it a high crime saith he against Almighty God and inexcusabâ—â— to Our good Subjects of Our three Kingdomes if We did not to the utmost imploy all Our power and faculties to the speediest and most effectuall assistance and protection of that distressed people of Ireland And in his Message 28 April 1642. page 157. speaking of the Militia he saith We conceive it prejudiciall to Our Self or inconvenient for Our Subjects for whom We are trusted and page 167. Himself saith That if the Prerogative of the King over-whelme the Liberty of the People it will be turned to tyrannie And he himself page 284. defines tyrannie to be nothing else but to admit no rule to govern by a mans own will But above all the rest remarkable is his own confession in his answer to the Parliaments Declaration of the 19. May 1642. where in page 152. He honestly and plainly acknowledgeth that He is to give an account of his Office not only to God but also to his other Kingdoms But as the Parliament saith page 701. This is a strange Paradox that his Majesty by his own Confession owes an â—account to his other Kingdomes of his Office and Dignity of a King in this kingdome itself where he resides and hath his being and subsistence And in page 311. He acknowledgeth God hath entrusted Him with his regallity for the good of his People and if it be for their good then not for their mischief and destruction but God hath entrusted him and how is that The truth is God is no more the Author oâ— Regall then of Aristocratical power nor of Supreame then of Subordinate Command Nay that Dominion which is usurped and not just whilest it remains Dominion and till it be legally again divested refers to God as its Author and Donor as much as that which is Hereditary and permissively from God and not approbationally instituted or appointed by him And that Law which the King mentioneth is not to be understood to bee any speciall Ordinance sent from Heaven by the Ministry of Angels or Prophets as amongst the Jewes it sometimes was It can be nothing else amongst Christians but the actions and agreements of such and such politike Corporations Power is originally inherent in the People and it is nothing else but that might and vigour which such and such a Society of men contains in it self and when by such and such a Law of common consent and agreement it is derived into such and such hands God confirmes the Law And so man is the free and voluntary author the Law is the instrument and God is the establisher of both as the observator in the first page of the first part of his most excellent observations doth observe And though Kings make a huge matter of that saying of God by me Kings Raigne as though there were some superlative naturall inbred inherent deity or exellency in Kings above other men yâ—t we may say anâ— that truâ—y That by God all mankind lives moues and have their being yea and raignes and goveâ—ns as much by God in their infâ—rior orbs of Cityes hundreds waâ—entaâ—es and families as well as Kings in their Kingdoms yea though God himselfe in an extraordinary and immediate manner chose aâ—d appointed Saul David and Solomon to be Kings of Israel Yet so just was the righâ—eous God that â—e wâ—uâ—d 〈◊〉 impâ—se them uâ—oâ— the people of Israâ—l against their own â—ilâ—â— and mindâ—s 〈◊〉 heâ— did tâ—ey rule as Kâ—â—g till by tâ—e câ—mmoâ— câ—nsent of tâ—e people they châ—se â—hem and 〈◊〉 â—heâ— to raigne ovâ—r â—hem 1 Sam. 10. 20. 24. 2 Sam. 2. 24. and Châ—p 5. 1. 2. and 3. and 1 Kings 38 39 â—0 So tâ—at â—hâ—ir authâ—râ—ty did originally as inhereâ—tlâ— flow from the peâ—ple as well as their speciall â—ssigâ—ation from God aâ—d tâ—ey were to rulâ— and govern them by the Law of God â—nd not by the rule and Law of their own wilâ— unto which Law â—hey were to be as 〈◊〉 and subject as the meanest of the people yea and as â—yaâ—le to punishment and to have their traâ—sgrâ—ssiâ—ns â—ayd to tâ—â—ir charge As Lieuâ—eâ—aâ—t Collonâ—l Lilburne â—ath 〈◊〉 and fully proved in his late printed Epistle to Judge Reves pâ—g These things righâ—ly considered doth coâ—demn thosâ— two maxims for wicked ungodly and tyrannicâ—â—l wâ—ich are â—ayd downe so in the booke of Dâ—claraâ—ioâ—s pag 199. 3. 4. viz. That the King can do no wrong The second is that the King is the fountaine of justice But to returne againe to the Kings own word â—e saith pag. 313. We were unwoâ—â—hy the trust repoâ—ed in us by the Law and of our descent from so many great and famous Ancestors if wâ— could be brought to abondon that power which onely can enable us to performe what we are sworne to in protecting our people and the Lawes What can be said more plaine then this to prove him an Officer of 〈◊〉 Trust But seeing he speakes of his Ancestors Let me tell him that if he had no better title to his Crown then to claime it his by a kind of Divine Right from his Progenitors and because he is the next Heire to King James It would be by Scripture a very weak title We find in Scripture that Salomon a younger Son c. was made King principally because of his fitnesse to govern when divers of his elder brethren wenâ— without the Crown And if any in the world might have pleaded the priviledges of being next heire Davids Sons and Sons
Irish Rebellion for all his many solemn protestations to the contrary and that at the very begining by his immediate warrant licensed Commanders to go over to them and hindred supplies from going to suppresse them pag. 70. 98. 116. 567. 568. 569. 622. Yea and though he were so quick against the Scots as immediately upon their declaring themselves to maintaine their rights to proclaime them traytors yet notwithstanding though the King vowed and protested that his soule abhorred the Irish Rebellion it was about three moneths before the Parliament could get him to proclaime them traytors And when he was by them forced to proclaime them traytors His Majesty gave speciall Command that but forty of them should be printed and not one of them published till farther directions given by his Majesty pag. 567. Yea and besides all this contrary to his Oath he refuseth to passe the bill for the Militia although it was often prest upon him by the Parliament as the onely way and meanes to settle and preserve the peace of the Kingdome and also with-drawes himselfe from the Parliament with a defigne to levy warre against them whereupon for the discharge of their duty and trust and the preservation of the Kingdome the 20. May 1642. book declar pag. 259. they past three votes viz. Resolved upon the Question I. That it appeares that the King seduced by wicked Councel intends to make warre against the Parliament who in all their consultations and actions have proposed no other end unto themselves but the care of his Kingdome and performance of all duty and loyalty to his person Resolved upon the Question II That whensoever the King maketh warre upon the Parliament It is a breach of the trust reposed in him by his people contrary to his Oath and tending to the dissolution of his Government Resolved upon the Question III. That whosoever shall serve or assist him in these warres are traytors by the fundamentall Lawes of this Kingdome and ought to suffer as tâ—aytors 11. Rich. 2. 1 2 3 4 5. anâ— 6 1 Hen. 4. 4. From the two last votes I will draw some arguments which naâ—urally flow from them And firs t for the seâ—oâ—d Vote which is that whensoever the King makeâ—h warre against the Parliament it is a breach of the trust reposed in him by his people c. But the King hath set up his Sâ—andard of defiance against thaâ— Parliament which he summoned to si a Westminster and had passed an Act of Parliamenâ— tâ—at there they should siâ— so long as they pleased yea and haâ—h actually proclamed and levyed war against them therefore he hath broke the â—rust reposed in him by his people which was to protect and defend them not to ruine and destroy them and hath violatâ—d his publick Oath and so is willfully forsworne and hath also strongly endeavoured the utter dissolution of the Government of this Kingdome Pag. 248. 503. 508. 509. 576. 580. 584. 617. 665. For in fighting against the Parliament and seekeing the utter destruction thereof as he hath done 〈…〉 fought against the whole Kingdome and people whose be â—uâ—ted legall chosen Commissioners and representation they are and who therefore have sufficient cause and ground given them both in the eyes of God and all rationall men ever hereafter to renounce and defie him c. as he hath done them Now from thâ— 3. Vote which is That whosoever shall serve or assist him in these warres are Traytors and ought to suffer as Traytors from whence by way of inference I draw this argumâ—nt That If the Minor principall that is to say the Accessarie or assistant be guilty of Treason Then much more is the Major principall that is to say the chiefe mover and beginner or originall actor and setter on guilty of treason himselfe But by this vote the Minor or principall the assister is declared and proved guilty of Treason Ergo the Major principall the King who sets all his assistants at worke is much more guilty of Treason Now let us consider of those two Statutes which the Parliament alledge for the proveing of the 3. vote That of the 11. R. 2. was the Law by which the five great Traytors as speed calles them folio 732. were â—impeached namely Robert de Vere Duâ—e of Ireland Alexander Nevile Arch-Bishop of Yorke Michaeldâ—la-Poole Earle of Suffolke Sir Robert Trisillian that false Iustitiar and Sir Nicholas Brâ—mbre that false Knight oâ— Londâ—n whose crime was for being the heads with many others to advise the King by his regall power to aâ—ihilate certaine things passed lately by act of Parliament and to destroy the chieâ—e men of both houses that had been chiefe Sâ—iâ—klers for the good of the Common Weal hâ—and by the Kings consent the Duâ—e of Irâ—land did levye forces for that â—nd But by the Lords that were for the Common Wealâ—h was soone varquished and forced to sly into France where he was sâ—â—in by a wild Boare Martine foli 1â—9 But yet notwithstanding his â—ssociates and Iudges viz. Ful hâ—op Bâ—lknap Carey Hott Burgh and Lockâ—on were the first â—â—y of the Parliament arrested of treason as they saâ—e in Iudgement on the Bench and most of them sent to the Tower for giving it under their hands that it was lawfull for the King to abrogate that which was lately done in the Parliament becauâ—â— as they wickedly saiâ— he was aboue the law Speed folio 731. Trisillian the chiefe Iustice prevented by flight his apprehension when his â—ellowes the Iudges were taken but afterwards was catcht and brought to the Parliament in the fore-noone where he had sentence to be drawne to Tyburne in the after-noone and there to have his throat cut which was done accordingly Sir Nicholas Brambres turne was next And aâ—ter him Sir Ioan Earle of Sails buâ—y and Sir James Barney Sir Iohn Bâ—uchamâ—â— of Holt Sâ—uart of the Kings Houshold Iohn Back Esquire and Simond Burley who onely as speed saith folio 733. had the worship to have his head struck off The Duke of Ireland the Arch Bishop of Yorke the Earle of Suffolke and others had their Estates confiscated to the Kings use by Act of Parliament And as Martin saith folio 149. The rest of the Judges had been served as Robert Trisillian was if upon the importunate and uncessant request of the Queene their lives had not been redâ—emed by their banishment O gallant and brave Justice It is true and so confessed by the Parliament that these Statutes of 11 R. 2. 1 2 3 4. 5 and 6. were abolished by the 21. R. 2. 12 But it is averred by them that they were revived by 1 H. 4. 3. 4. 5. 9. and still stand in force to this day which is a reall truth And in the 2. place let us consider well the Parliaments publick Declarations and we shall see they hold it out full enough We will begin with their Declaration to the States of Holland pag. 636. where they plainly affirme that the King not his evill
but he was also made King at Shechem by all Israel 1 King 12. â— And afterwards Jeroboam the son of Nebat Solomons servant and all the congregation of Israel went to Rehoboam to claim the making good of the GREAT CHARTER of Nature viz. to claim relaxation of oppression and protection according to justice that is to say that he should doe to them in governing them justly as he would have them to doe to him in yeelding him subjection and obedience this being the whole Law of GOD both Naturall and Morall and therefore they tell Rehoboam that the King â—his Father had broke their Charter and made their Yoak grieuous which you may read of in Chap. 4. Now therefore make thou observe they doe not say Most gracious Soveraigne nor Most excellent Majesty the grievous service of thy Father and his heavy yoak which he put upon us lighter and we will serve thee But the King rejecting the advice and counsell of his old and gâ—od Counsellors which as we may say was to govern them according to Law contained in Magna Charta and the Petition of Right c. and not to rule and governe them according to his Prerogative or perverse Will For they tell him If thou wilt be a servant unto this people this day and wilt serve them mark it well and answer them and speak good words to them then they will bee thy servants for ever But he forsook the counsell of the old men which wee may call GOOD COMMON-WEALTHS-MEN and followed the advice of his young-men which we call the Cavaliers or men for the Prerogative And saith the Text he answered the people roughly saying My Father made your yoak heavy and I will adde to your yoake My Father also chastised you with whiâ—s but I wil chastise you with Scorpions 1 Kings 12. 3 4 5 6 7 8 14. But saith the Text vers 15 when all Israel saw that the King hearkeâ—ed not unto them the people answered the King saying What portion have we in David Neither have we inheritance in the son of Jesse To your Tents O Israel Now see to thine own house David So Israel departed to their tents and revolted or rebelled against the House of David and called all the coÌ„gregation of the people together and with an unanimous consent made Jeroboam King over all Israel as Rehoboam was over Juda having both an assignation from GOD 1 King 11. 11 12 13 26 29 30 31 35 37 38. and a solemne legall publick Call and Election from the people 1 Kings 12. 2 3 20 21. and of his Regality and Kingship as legally and justly by God himselfe approved by sending his Prophet tobring the kingdom back to Solomons son to command him and Juda c. Observe he calls them not Rehoboams people not to goe up nor fight against their brethren the children of Israel Which command as most just they observed vers 21 22 23 24 Yea and God himselfe in the 14. chapter and 7. verse beareth witnesse that he himselfe exalted Jeroboam from among the people and made him Prince over his people Israel and rent the Kingdome from the house of David and gave it unto him And afterwards when God upbraids him it was not because he was an usurper a traytor or a â—ebeâ—l against his masters son King Rehoboam but because he had not been as his servant David was who followed him with a perfect heart but had done evill above all that was before him in making him other Gods and molten Images to provoke me saith God to anger and hast cast me behind thy back So that here is a cleare demonstratioâ— that it is lawfull in the sight of God as well as in the sight of Man for a people to with-draw their obedience from that Magistrate or King that refuseth to govern them by legall justice but oppresseth them contrary to the end of the trust reposed in him which was never for their woe but for their weale and so breakes that tacit contract that by vertue of his Induction into his Office is Naturally and Rationally implyed to be made although it never be expressed It being as the Parliament saith Book Declar. Pag. 150. irrationall to conceive that when the Militiâ— of any is comâ—itted to a Generall although it be not with any expresse condition that he shall not turne the mouthes of his Cannons against his own Souâ—diers for say they that is so naturally and necessarily implyed that its needlesse to be expressed insomuch as if he did attempt or coÌ„â—â—nd any such thing against the nature of his trust and place it did Ipso facto estate the Armie in a right of disobedience except we thinke that obedience binds men to cut their own throates or atleast their Companions Having laid this foundation I will come now to speak something of those five particulars which is before-mentioned and laid down in the sixth page of this Discourse which are thus expressed First if it were granted that the Lords were a legall Jurisdiction and had a judicative power over the Commons yet the manner of the Lords dealing with Lieut. Col. Lilburn is illegall and unjust Secondly That if the Lords were a Judicature yet they have no jurisdiction over Commoners Thirdly That they are no Judicature at all Fourthly That they by Law and Right are no Law-makers Fifthly That by Law and Right it lyeth not in the power of the King nor in the House of Commons it self to delegate the legislative power either to the Lords divided or conjoyned nor to any other persons whatsoever For the first of these viz. That the manner of the Lords proceeding with Lieu. Col. Lilburn was and is illegall is cleer and that I prove thus The Law requires that before the body of a Free-man be attached or summoned to a Bar of Justice to answer a Chage that there shall be an originall Declaration or Charge filed in the Court before so much as either the Writ Attachment or Warrant go out to seize upon or summon the party accused See Sir Edw. Cookes 2. part Institut f. 46 50 51. Read the Statuâ—e c. quoted in those Margents but there was no such matter in Mr. Lilburns case For although as he declares in his book called The Freemans freedome vindicated page 3 the Lords 10. June 1646. sue out a Warrant to summon him upon sight thereof to answer such things as he stands charged with before their Lordships concerning a Pamphlet entituled The just mans justification or A Letter by way of Plea in Barre And accordingly the 11 of June 1646. he appeared at their Bar expecting there to have received a written Charge according to Law and Justice which they both refused to shew him or let him know whether they had any such legall Charge or no against him but presse him contrary to the Petition of Right and the Law of the Land to answer to Interrogatories concerning himself a practice condemned by themselves in his own case
the Dutely of Normandy and doe him homage for the same And then to make all sure with Pope Alexander whose thuâ—der-bolts of Excommunication were then of extraordinary dread and terror he promised him to hold it of the Apostolick See if hee prevailed in his enterprize Whereupon the Pope sent him a Banner of the Church with an Agnus of gold and one of the haiâ—es of St. Peter which was no small cause of prevailing the â—ase Clergy being then at the Popes beck and more minding their own particular self-interest then the welfare of their own native Countrey or the lives liberties estates of their brethren according to the slesh thereupon were the principall instrumentall cause that William the Bastard commonly called William the Conqueror had so easie an entrance to the possession of this kingdome Speed fol. 403 404. 405. 406. 413. 417. Daniel fol. 28 29 35 36. By means of which the Clergy beeraied their native Countrey to Robbers and Pirats and left the poore Commons to the mercilesse fury of mercilesse men And I wish they doe not now again the same with poore England now in her great distractionâ— for their interest is visible not to be the publickes but their pride covetousnesse and greatnesse Therefore O yee Commons of England beware of them and take heed you trust them not too much lest you be so deluded by them to your ruine and destruction And when William by their means principally as Daniel saith fo 36. had got possession of the Kingdom as you may partly before read p. 14 15 16 17 how extraordinary tyrannically he dealt with the poor natives and inhabitants By changing their laws and robbing them of their goods and lands at his will and pleasure and gave them away to his Norman Robbers And the poor Englishmen having all their livelihoods taken from them became slaves and vassals unto those Lords to whom the possessions were given And if by their diligence afterwards they could attain any portion of ground they held it but onely so long as it pleased their Lords without having any estates for themselves or their children and were oftentimes violently cast out upon any small displeasure contrary to all right Daniel fo 47. Speed 421 423 425. Insomuch that in those days it was a shame even among Englishmen to be an Englishman Speed fol. 422. 429. By means of all which he bestowd great rewards upoÌ„ all those great men that came along with him and made them by hâ—s will the great men of England to help him to hold the people in subjection bondage and slavery for he made William Fitz-Auber the Norman the principall man under him to help for his designe Earle of Hartford who singly of himselfe took upon him meerly by the power of his own will to make Lawes in his own Earldome And unto Allayn another of his Comrades or trusty and well-beloved Consins he gave all the lands of Earle Edwin where on he built a Castle and whereof he made the Earldome of Richmond And unto William of Warren another of his Norman Robbers Marder ers he gave the Earldome of Surrey Speed fol. 437. And unto Walter Bishop of Durham another of his Comrades he sold the Earldome of Northumber land who there by the law of his owne will maintained Murderers and Rogues and there was murdered himselfe And unto his Brothers who came of his mother Arlet the Whore who after William the Bastard was borne was married to Harlain a Norman a Gentleman but of mean substance Odo and Robert he gave the Earldome of Ewe and Mortaigne Speed 417. Daniel 32. And afterwards Odo Earle of Kent and after that in his absence Vice-Roy of England And how this Beggar now set on Horse-back governed this poore distressed kingdome let the Conquerors own speech declare recorded by Speed fol. 431. At the time when William came out of Normandy found his brother Odo a Bishop as well as an Earle at the Isle of Wight with divers Noble men and Knights his attendants then going to Rome with an expectation there to be Pope being grown extraordinary rich with his polling of this poore Kingdome Vpon which the King in presence of his Nobles thus spake Excellent Peeres I beseech you hearken to my words and give me your counsell At my sailing into Normandy I lest England to the government of ODO MY BROTHER who a little further in his speech hee saith hath greatly oppressed England spoyling the Churches of land and rents hath made them naked of Ornaments given by our predecessors and hath seduced my Knights with purpose to train them over the Alps who ought to defend the land against the Nations of Scots Danes Irish and other enemies over-strong for me And a little below that my brother saith he to whom I committed the whole kingdom violently plucketh away their goods cruelly grindeth the poore and with a vain hope stealeth away my Knights from me and by oppression hath exasperated the whole land with unjust taxations Consider therefore most NOBLE LORDS and give mee I pray you your advice what is herein to be done And in conclusion the King adjudged him to prison yet not as a Bishop who then it seemes had large exemptions but as an Earl subject to the lawes and censure of his King Which accordingly saith Speed was done upon seizure of estate this Prelate was whose found so well lined in purse that his â—eaps of yellow mettle did moveadmiration to the beholders So that here you have the true story of the subversion of the ancient manner of Parliaments the ancient Lawes and Liberties of Government of this Kingdome and a Law innovated and introduced flowing meerly froÌ„ the will of a Bastard Thief Robber tirant You have here also a true Declaration of the original rise of the pretended legislative power of Earles Lords and Barons the Peers Competitors and trusty and wel-beloved Cousins and Hereditary Counsellors of our Kings which was meerly and only from the wills and pleasures of this cruell and bloudy Tyrant and his Successors And no better claime have our present house of Peers either for their legislative power or judicative power then this as is cleerly manifest by their own fore-mentioned Declaration cited pag. 45. and therefore say I are no legall Judicature at all nor have no true legislative or law-making power at all in them having never in the least derived it from the people the true legislaters and fountain of power from whom only and alone must be fetched all derivative power that either will or can be esteemed just And therfore the Lords challenging all the power they have by their bloud and deriving it from no other fountain but the Kings Letters-Pattents flowing meerly from his will pleasure I groundedly conclude they have thereby no judicative power no nor legislative power at all in them for the King cannot give more to them then he himself hath and he hath neither of these powers viz. a
judicative power nor a legislative power inherent in him as is strongly undeniably and unanswerably proved before in pag. 43 44 46 47 60 61. And therefore away with the pretended power of the Lords up with it by the roots and let them sit no longer as they do unlesse they will put themselves upon the love of their Country to be freely therby chosen as their â—oÌ„missioners to sit in Parliament for I am sure in right all their actions now are unbinding and unindivalid which becomes you O all ye Free-men or Commoners of England out of that duty you ow to your selves yours and your native Country throughly and home to set forth by Petition to your own HOVSE of COMMONS and to desire them speedily to remove them before the Kingdome be destroyed by their crosse proud and inconsistent interest for little do you know what Scotch-ale divers of them are now a brewing Read the Histories of William the Conqueror and you shall easily find that the pride and contention of those English-men that were called Lords amongst themselves was no small cause of the losing of this Kingdome to that Tyrant for saith Speed fol. 409. After the Normans had slain King Harold and overthrown his Army the two great Earles of Yorkshire and Cheshire Morcar and Edwine coming to London where the Londoners c. would gladly have set up Edgar Atheling the true Heire to the Crown to have been their Captain Generall to have defended them from the powerfull Norman Invaders who now was exceedingly fleshed with his victory and now likely to over-run the whole Land yet such was the pride and baesenesse of these two great Lords that the misery distresse and fearfull estate of their native Country could not disswade from their ambition plotting secretly to get the Crown to themselvs which hindered that wise and noble design and totally lost their native Country O COMMONS OF ENGLAND therefore beware of them and have a jealous eye over them and take heed that when it comes to the pinch they serve you not such another trick again For I am sure their interest is not yours nor the publikes neither is it consistent with their ends that you should enjoy Justice or your undeniable and just rights liberties and freedomes And well to this purpose saith Daniel pag. 36. That after the Bishops and the Clergy had shewed their aversnesse to the erecting of that probable meanes that was propounded to hinder the theevish invader the Nobility considering they were so born and must have a King and therefore considering of his power made them strive and run head-long who should bee the first to pre-occupate the grace of servitude and intrude them into forraign subjection So that the poor Commons like a strong vessell that saith hee might have been for good use were hereby left without a stern and could not move regularly trusting and resting it seemes too much upon those Lords which I call the broken Reeds of Egypt by whom they were undone But for the further cleeâ—ng of the Originall of the House of Peers pretended power I shall desire the understanding Reader to read over a little Treatise printed in Anno 1641. called The manner of holding of Parliaments in England in the 28. pag. hee saith King Harold being overcome William the 1. King and Conqueror having obtained the Soveraignty according to his pleasure bestowed Dignities and Honours upon his companions and others Some of them so connext and conjoyned unto the Fees themselves that yet to this day the possessors thereof may seem to be inabled even with the possession of the places only as our Bishops at this day by reason of the Baronies joyned unto their Bishoprickes enjoy the title and preheminence of Barons in highest Assemblies of the Kingdome in Parliament he gave and granted to others Dignities and Honours together with the Lands and Fees themselves hee gave to Hugh Lupas his kinsman a Norman and sonne to Emma sister to the Conqueror by the Mother the Earldome of Choster Adconquirendum AngliaÌ„-per Coronam that is in English to conquer and hold to himself and his Heires as free by the Sword as the King of England held it by his Crown to HANNVSRVFVS then Earl of Britain in France the Earldome of Richmond It a libâ—re honorifice ut eâ—ndem Edwinus Comes antea tenueâ—at that is in English as freely and honourably as Edwine Earle held it before And the Earldome of Arundel which Harrold possessed he granted with a fee unto Roger of Montgomeny And in page 33. the same Author declares That Kings sometimes not regarding the Solemnities of Ceremonies and Charters have only by their becks suffered Dignities and Honours to be transferred So that by what Iam able to gather out of ancient Histories William the Conquerour absolutely subdued the Rights and Priviledges of Parliaments held in England before this time The manner of holding of which as the same Author in his first page declares was by the discreet sort of the Kingdome of England rehearsed and shewed unto the Conquerour which as hee saith he approved of And the same doth John Minshew say in his Dictionary published and printed at London July 22. 1625. fol. 526. his words are these In England the PARLIAMENT is called for the debating of matters touching the Common-wealth and especially the making and correcting of Lawes which Assembly or Court is of all other the highest and of greatest authority as you may read in Sir Thomas Smith de Re. Angl. lib. 2. cap. 1. 2. Cambd. Brit. Compt. Juris fol. 1. And see the Institution of this Court Polydor Virgil lib 11. of his Chronicles referâ—eth after a sort to Henry 1. yet confessing that it was used before though very seldome You may find saith he in the former Prologue of the grand Customary of Normandy That the Normans used the same meanes in making their lawes In a Monument os Antiquity shewing the manner of holding this Parliament in the time of King Edward the sonne of King Etheldred which as the Note saith was delivered by the discreeter sort of the Realm to William the Conqueror and allowed by him This writing began thus Rex est Caput c. See more saith he of the course and order of this Parliament in Compt. Juris fol. 1. c. And VOWEL alias Hooker in his Book purposely written of this matter Powels book called the Atturneys Academy Read Mr. William Prynnes first part of the SOVERAIGNE POWER OF PARLIAMENTS AND KINGDOMES printed by the authority of this present Parliament pag 42 43 44. William the Conqueror having as to me is clearly evident subdued Parliaments their power authority priviledges and jurisdiction did set up by the absolute law of his own will for his Compceres Couzens and Connsellors such men who had most pleased him in vassalizing and enslaving this kingdom and the people thereof in whose steps severall of his successors after him did tread So that the kingdome was
ruled and governed by the King and his Prerogative Nobles and by lawes flowing from their wils and pleasures and not made by common consent by the peoples commissions assembled in Parliament as it is now at this day but he and his successors giving such large Charters to their Compeeres and great Lords as to one to be Lord great Chamberlain of Englands another Lord Constable of England to another Lord Admirall of England c. By meanes of which they had such vast power in the kingdome having then at their beck all the chiefe Gentlemen and Free-holders of England that used to wait upon them in blew Jackets so that they were upon any discontent able to combine against their Kings their absolute creators and hold their noses to the grind-stone and rather give a Law unto them then receive a law from them in which great streits our former Kings for curbing the greatnesse of these their meere creatures now grown insolent were forced to give new Charters Commissions and Writs unto the Commons then generally absolute vassals to choose so many Knights and Burgesles as they in their own breasts should think fit to be able by joyning with them to curb their potent and insolent Lords or trusty and well-beloved Cousins which was all the end they first called the Commons together for yet this good came out of it that by degrees the Commons came to understand in a greater measure their rights and to know their own power and strength By means of which with much struggling we in this age come to enjoy what wee have by Magna Charta the Petition of Right and the good and just Lawes made this present Parliament c. which yet is nothing nigh so much as by right we ought to enjoy For the forementioned Author of the book called The manner of holding Parliaments in England as 20 21. pages declares plainly that in times by-past there was neither Bishop Earle nor Baron and yet even then Kings kept Parliaments And though since by incursion Bishops Earles and Barons have been by the Kings prerogative Charters summoned to sit in Parliament yet notwithstanding the King may hold a Parliament with the Commonalty or Commons of the Kingdome without Bishops Earles and Barons And before the Conquest he positively declares it was a right that all things which are to be affirmed or informed granted or denied or to be done by the Parliament must be granted by the Commonalty of the Parliament who he affirmes might refuse though summoned to come to Parliament in case the King did not governe them as he ought unto whom it was lawfull in particular to point out the Articles in which he misgoverned them And suitable to this purpose is Mr. John Vowels judgment which Mr. Pryn in his above-mentioned book pag. 43. cites out of Holinsh Chro. of Ireland fol. 127 128. His words as Mr. Pryn cites them are thus Yet neverthelesse if the King in due order have summoned all his Lords and Barons and they wil not come or if they come they will not yet appear or if they come appear yet will not do or yeeld to any thing Then the King with the consent of his Commons may ordain and establish any Acts or Lawes which are as good sufficient and effectuall as if the Lords had given their consents but on the contrary if the Commons be summoned and will not come or coming will not appear or appearing will nor consent to do any thing alleadging some just weighty and great cause The King in these cases * Cromptons jurisdictioÌ„ of courts fo 84 Hen. 7. 18. H. 7 14. 1. H. 7 27. Parliament 42. 76 33â— H 6. 17. dju-lged accordingly prerogative 134. cannot with his Lords devise make or establish any Law The reasons are when Parliaments were first begun and ordained THERE WERE NO PRELATES OR BARONS OF THE PARLIAMENT AND THE TEMPORALL LORDS were very few or none and then the King and his Commons did make a full Parliament which authority was never hitherto abridged Again every Baron in Parliament doth represent but his owne person and speaketh in he behalf of himself alone But the Knights Citizens and Burgesses are represented in the Commons of the whole Realm and every of these giveth not consent for himself but for all those also for whom he is sent And the King with the consent of his COMMONS had ever a sufficient and full authority to make ordain and establish good wholesome Lawes for the Common-wealth of his Realm Wherefore the Lords being lawfully summoned and yet refusing to come sit or consent in Parliament canâ—ot by their folly abridge the King and the Commons of their lawfull proceedings in Parliament Thus and more John Vowel alias Hooker in his order usage how to keep a Parliament which begins in the foresaid History pag. 121. and continues to pag. 130. printed Cum Privilâ—gio And Sir Edward Cook in his Institutes on Magna Charta proves That the Lords and Peers in many Charters and Acts are included under the name of the Commons or Commonalty of England And in his Exposition of the second Chapter of Magna Charâ—a 2. part Institutes fol. 5. He declares that when the Great Charter was made there was not in England either Dukes Marquesse or Viscounts So that to be sure they are all Innovators and Intruders and can claime no originall or true interest to sit in Parliament sith they are neither instituted by common consent nor yet had any being from the first beginings of Parliaments in England either before the Conquest or since the Conquest nor the first Duke saith Sir Edward Cook Ibidem that was created since the Conquest was Edw. the black Prince In the 11. year of Edw. the third and Rob. de Vere Earl of Oxford was in the 8. year of Richard the 2. created Marquesse of Dublin in Ireland And he was the first Marquesse that any of our Kings created The first Viscount that I find saith he of Record and that sate in Parliament by that name was John Beumont who in the 8. yeer of Hen. the 6. was created Viscount Beumont And therefore if Parliaments be the most high and absolute power in the Realm as undeniably they are for Holinshed in his fore-mentioned Chronicle in the Dâ—scription of England speaking of the high Court of Parliament and authority of the same saith pag. 173. thereby Kings and mighty Princes have from time to time been deposed from their Thâ—ones â—awes either enacted or abrogated offendors of all sorts punished c. Then much more may they disthrone or depose these Lordly prerogative Innovators and Intruders and for my part I shall think that the betrusted Commissioners of the Commons of England now assembled in Parliament have not faithfully discharged their duty to their Lords and Masters the people their impowerers till they have effectually and throughly done it And if the Lords would be willing to come and sit with them as one house