the Militia unto the Members is the same as to put the Sword into the hands of a mad-man for as the one hath no reason to restrain himself from doing mischief so the Members are not guided by any known Law but having usurped an Arbitrary power over King and Subject we finde by our wofull experience make use of the power of the Sword to compell the people to submit unto their insatiable lusts Witnesse besides the infinite murders and slaughters of the people the vast summes of money these Members since this Parliament by the power of the Sword have unlawfully wrested from the Subject which being justly cast up would amount to more then all the Subsidies grants of that nature given unto all the Kings of England for the space of 500. yeares before that Upon the whole matter clear it is the Militia of the Realme by the known Law of the Land is the sole and onely Right of the King And consequently all Commissions Powers and Authorities granted or given by the Members of the two Houses concerning this Warre are voide in Law and no Justification for those acting thereby But for the nature of that offence it is shewed in the next Chapter CHAP. IX That all persons who have promoted this Warre in the name of King and Parliament and such as have acted therein or adhered thereunto are guilty of Treason THe Office of the King and Duty of the Subject appeares before to be thus The King to Command and Govern according to the Established Lawes of the Realme The Subject to obey those Commands wherein the Law of all things abhors force and enjoynes peace which Peace by the Lawes of England is called the Kings Peace Therefore in every Indictment for Murder Felony or Trespasse done upon the person or estate of a subject These words viz. contra pacem domini Regis nunc Coronam dignitatem suam ought to be expressed for although the fact be done immediately against a Subject yet it trencheth against the Kings Authority His Law is thereby broken And the Lawes of England not onely protects the Kings Person from violence but preserves Him in His Royall Throne and Government Therefore if any persons in this Kingdome without command or assent of the King raise Forces Powers or Armes be it upon what pretence soever it is a Warre levied against the Kings Authority His Crown and Dignity For in that the Subject assumes the Regall power of the King Then for the Authors and Actors of this Warre the Kings Castles Forts His Navy Armes Ammunition and Revenues of His Crown are by force wrested out of His Hands Armes raised conducted into the Field Himself fought with in severall Battailes His Subjects in every part of the Kingdome by the awe of those Armies forced from their Allegeance Therefore a War it is and a War against the King The next Question is what the Law declares this offence to be And that appeares by the Statute of 25 Edw. 3. in these words Whereas divers opinions have been before this time in what case Treason shall be said and in what not The King at the request of the Lords and of the Commons hath made a Declaration in this manner When a man doth compasse or imagine the death of our Soveraigne Lord the King or of my Lady the Queen or of their Eldest Sonne and Heire or if a man do levy War against our Soveraigne Lord the King in this Realme or be adherent to the Kings Enemies in this Realme giving aide or comfort in the Realme or elsewhere and thereof be probably attainted of open deed by people of their condition c. It is to be understood that it ought to be Judged Treason By this clear it is That it is Treason to Levy War against the King to compasse or imagine the death of the King the Queen or Prince to adhere unto or aide the Kings Enemies Of all which the death of the King Queen and Prince excepted the Authors and Actors of this War are guilty But M. Prin hath by Authority of the Commons House of Parliament published a Treatise intituled thus The Parliaments present necessary defensive Warre is Just and Lawfull both in Law and Conscience and no Treason or Rebellion Answer This Title is like his whole discourse totally either impertinent or false This is not the Parliaments War but a War of the Members of the two Houses Nor is it a War on the Members behalf defensive but offensive which omitting to expresse when and by whom the Armies and Forces were first raised that being obvious to all men appeares by considering the Cause of the Warre which was thus The Members having formed a Law to take out of the Crown the power of the Militia and to settle it in themselves the King refused to consent unto it which refusall was the ground of this War wherein the King was onely Passive and the Members Active They pressed upon Him to change the Law He refused It were grosse in this case to conceive the King should make a War But the Members had no way to gain their ends but by force and so began the War Then Master Prin proceeds to prove that this Warre of the Members is not Treason For saith he they intended no violence to the Kings Person His Crown or Dignity onely to rescue Him from His Cavaleers and bring Him backe to His Great Councell Answer It is true sometimes the intent of the party committing the fact alters the case For example A man travelling the passage is stopt by water And finding a horse there makes use thereof to get over the water This is not Felony But it is a Trespaas Suppose this party indicted for felony at his triall it is pertinent for him to confesse the fact That he used the horse and by circumstances to make it appear he intended thereby onely to get over the water and so to quit himself of the fellony But this man being indicted onely for a Trespasse for him to confesse he used the horse to get over the water alledging he could not otherwise have passed thereby to quit himself of the Trespas were foolish So here raising of Armies against the Kings Command conducting them into the field c. is confessed But saith M. Pryn that is not Treason for they intended no harme to the Kings Person His Crown or Dignity Which is a fond contradiction for admitting they intended no harme to the Kings Person the fact confessed is a harme to His Crown and Dignity And that in the highest nature that may be It is a Warre Levied against Him and His Regall Authority which by the Laws of England is High Treason Raviliake who killed the King of France upon M. Pryns ground might have justified the fact Although he had confessed to have willfully killed that King yet he might with as much truth and sense have said he intended not to hurt the Kings Person As M. Pryn
first confessing the foresaid facts of Levying Warre doth deny an intent to harme the King in His Crowne or Dignity Then for rescuing the King from His Cavaleers If M. Pryn reflect upon the case of Robert Earl of Essex in the time of Queen Elizabeth he will finde That that Earl in comparison of Edg-hill Battaile gathered together but a handfull of men nor was that Queen fought with nor her Person in danger All which things the foresaide Earl at his Arraignment alledged for himself And protested his intent was onely to remove from the Queen some evill Councellors about her yet not available The fact by him confessed viz. without warrant from the Queen in a tumultuous manner to raise force was Judged Treason for which that Earl and his Adherents were executed as Traitors Thus for the point of Levying Warre against the King Then for imagining the death of the King Queen and Prince In this case the intent of the party acting is considerable For example suppose the King to be distracted or distempered endeavours to violate himself or assaults a Subject To lay hands upon the King to preserve His or the Subjects life in those cases and such like the facts are lawfull And it may so happen that the King may be slaine and yet no Treason As in case of tilting and such like Now the intent of any man cannot appeare otherwise then by the parties confession or by Proofes Circumstances and Presumptions Then for the Authors and Actors in this War It is true they deny an intention to kill the King the Queen or Prince But the Circumstances are as full and pregnant to prove they intended it as is possible A man seeme to come out of a house with a naked sword bloody none being in the house but the Corps of a dead body newly slaine with a Sword This is so pregnant a presumption as that before a just Judge and an equall Jury the mans deniall will not availe him Suppose one should assault and strike the King the Queen or Prince and with violence pursue the same and for this be indicted to have imagined their death for that man to alleadge he intended not to kill him or them so assaulted were in vaine But certainly the presumptions to prove the Authors and Actors of this War intended to kill the King the Queen and Prince are far more pregnant Suppose the Members and their Souldiers had declared their intent to be to kill them no man can devise how they could have endeavoured to have effected it more then hath been done by this Warre Severall Battailes have been joyned the King and Prince in person And many thousands on the Kings party slaine And for the Queen witnesse the businesse at Burlington The Authors and Actors of the powder-plot were justly condemned for Treason Upon that point of imagining to kill the King the Queen and and Prince But upon this ground of M. Pryns they might have escaped punishment It had been as easie for them to have alledged that they intended not to kill the King the Queene and Prince As for the Actors in this Warre to pretend it But Master Pryn undertakes to make this War against the King to be Lawfull by Authority and presidents Julius Caesar saith he by a Conspiracy of the Senate of Rome was murdered having 23 wounds given him And then shewes the Rebellions in the Raigne of King John Henry 3. Edward 2. Richard 2. and other Kings And some of them it is true were murdred by their Subjects Answer I confesse if presidents and examples of this kinde be Authorities to prove the facts lawfull It is easie enough to justifie this and every Rebellion And M. Pryn having cited that president of Julius Caesar and himself acknowledging that fact to be murder he was overseen to omit citing that of Judas for it was somewhat later in time it excels that fact against Caesar and is very sutable with this of the Members He betrayed his Master and the Saviour of the world with a Kisse these their Soveraigne with an Oath And like unto those Treasons and Murders against Caesar King Edw. 2. and King Rich. 2. they might very aptly have cited the examples of some of their deare brethren the Scots severall King have been Rebelled against and Murdred too by the Subjects of that Nation Yet we see they are not by the people of Scotland made examples or cited for Authorities to prove the lawfulnesse thereof But contrarywise That Nation doth unanimously declare it their duty to relieve and rescue their King from out of the hands of His Rebellious English Subjects And many other examples I confesse there be in forraigne Countries both Christians Turks and Infidells where Kings by their own Subjects have been betrayed and murdered And so the discontented people in any Nation may alledge that King Edw. 2. Rich. 2. of England being lawfull Kings were by their owne Subjects Rebelled against and Murdered And so be the scene in Spaine France or any other Kingdome conclude it is lawfull for them to doe the like Then M. Pryn explaines the meaning of the aforesaid Statute of 25 Edw. 3. by which it is declared to be Treason to Levy Warre against the King to compasse or imagine the death of the King the Queen or Prince But the words of the foresaid Act saith he must be understood with this Limitation viz. so long as Kings execute their Just Royall powers according to the Laws of God and of their Realmes that saith he is the meaning of the holy Ghost And even so saith he are these words of Saint Paul viz. let every Soul be subject to the higher powers to be understood with that limitation yet saith he No private man of his owne authority ought to rise in Armes against them without the generall consent of the whole Kingdome or both Houses of Parliament Answer This was a doctrine aptly divulged for the justification of this Rebellion And a ready way I confesse to draw the multitude to their party who oftentimes are as in this case they were misled upon pretence of Law and Religion to their owne ruine Now admit the Members to have got the Soveraigne power If Mr. Pryn be asked this question How he will have the holy Ghost now to speake If the Members make a Law and declare it Treason for the people to leavy War against them whether that Law shall be understood with the same limitation Mr. Pryns answer will be that the limitation is now ended The Members he will say must expound the meaning of their owne Law and S. Pauls words too For the Members themselves tell the people that they are the Kingdome whatever they do they would have us beleeve to be the act of every person in the whole Nation And so not examinable but by God himselfe in the next world so that the Members having got the power into their owne hands whether they governe by the Laws of God
or man although they be the greatest Tyrants in the world the highest persecutors of Christian Religion be it either spirituall or temporall although never so pernicious to foul or body it must be admitted for good Law and true Gospel Thus the people being drawne to recede from their true principle have occasioned their owne confusion Whereas by their observing the Laws of the Realme these distractions have been avoyded For by the constitutions of this Kingdome both King and Subject are regulated by a knowne Law which Law permits neither King nor people to be Judge in their owne case If one Subject wrongfully imprison the person of another seize his Lands or take away his goods the party injured hath his legall remedy but is not permitted to be his owne carver or revenger if he for his owne satisfaction kill his adversary it is murder If he seize his Lands or take his goods it is a trespasse So in the Kings case If by His Command any Subject be imprisoned or his estate taken from him against the rules of the knowne Law that Subject hath his legall remedy against the Kings ministers wherein neither the King nor his officers are Judge Therefore if that Subject thus injured should to revenge himself kill the King or seize His Revenues it were a most barbarous and unjust Law not to condemne this Act unlawfull And that being admitted it must be unlawfull to attempt His death or to leavy War against Him for any such cause And consequently all those facts although committed upon the grounds aforesaid are Treason Now that person who conceives himselfe to be most highly injured being required to set downe the motives of his taking up Armes against the King his pretence can be no other then this That his person hath been imprisoned his Lands seized and his goods taken from him And this in his judgement against Law none but Brutes can conclude these are legall justifications to act and do such things against their King And so consequently the authors and actors of this War are guilty of Treason But saith Mr. Pryn The Parliament is not within the meaning of this Statute of 25 Ed. 3. Therefore not Treason for the Members to seize the Kings Forts Armes Ammunition and Revenues of the Crowne for saith he the King is a Member of the Parliament and therefore if the Parliament could commit Treason the King should commit Treason against himself And saith he the Parliament is a corporation and a Court of Justice and so not capable of the guilt of Treason Answer Most true it is That the King is exempt from the guilt of Treason for all Treasons are committed against Him But every Subject which includes all the rest of the people is capable both to commit the fact and is subject to punishment for the same And herein there is no difference of persons It is no more lawfull for a Peere then for a pezant to commit that crime the place where alters not the nature of that fact nor doth it availe the actors in being Members of any Assembly Corporation body politick or Court of Justice For every one of these Members or persons besides their pollitick capacity hath a naturall capacity too In which capacity he is subject to the frailties of man he may actually breake the Law and passively suffer for it But the Assembly it selfe the Corporation the body politick or the Court of Justice can neither commit a crime nor is capable of punishment For example the Parliament that is the King the Members of the Lords House and the Members of the Commons House their power is onely to make Laws by Act of Parliament Therefore when the Members of the two Houses in a Parliamentary way passe a Bill which the King confirmes with His Royall Assent Absurd it were to thinke this could be an Act of Treason And so it is for the Judges of every Court of Justice keeping themselves within their jurisdiction they cannot in the proceedings of their owne Court commit Treason And the like holds with all Corporations and bodies politick But if a Member in either House assault or strike his fellow Member that is a trespasse and wilfully to kill him is murther And by the same reason to kill the King although within the wals of the House is Treason And that being granted it followeth that to imagine His death or attempt to kill the King or agree to levy War against Him although in that place is Treason in such Members And herein no formall or seeming Parliamentary proceedings will alter the case The putting it to the question voting the businesse and setling it by a Major part or composing it into a formall Law and calling it by the name of an Ordinance of Parliament neither alter the nature of the crime nor takes away the guilt of Treason If one who hath acted in this War be indicted for Treason who at his arraignment shewes an Ordinance of both Houses for his justification The triall being before a just Judge It will no more availe him then Adam was justified saying Eve tempted him to eat the forbidden fruit And the Members who commanded those things to be done being legally questioned have no more to say then Eve had For it was the Serpent who tempted them to commit this treason The rightfull Judge will informe them that the Law cannot be altered but by Act of Parliament The Judges of the Realme understand not the Language of an Ordinance of the two Houses nor is any such thing pleadable in a Court of Justice the Law takes no notice thereof These things are done by the Members not in their politick but in their naturall capacities They are not Acts of Parliament they are unlawfull facts of Parliament-men And such offenders being attainted and executed the Parliament suffers not Besides it is the fact which the Law doth looke upon And in this case the greatnesse of the person offending the number committing the offence and the place where acted is so far from extenuating as that it rather aggravates the crime For a conservator of the peace in his owne person to breake it or a Judge of the Law to be an example of transgressing it is more odious then in other men Then considering the persons acting viz. Members of the House of Parliament the thing acted high Treason the place where in those Houses words cannot expresse the barbarousnesse of it Now to conclude this point I here set downe what facts the knowne Law judgeth Treason the Members Law therein and the proof on both sides What facts the Law judgeth high Treason the foresaid Statute of 25 Ed. 3. makes it manifest in these words viz. Whereas divers opinions have been before this time In what case Treason shall be said and in what not then declares that by the Law of the Land these particular facts following are Treason 1. To compasse or imagine the death of the King the Queen or the
Prince 2. To violate the Queen the Kings eldest daughter unmarried or his eldest sons wife 3. To leavy War against the King or to adhere unto His enemies giving them aid or comforts in this Realme or elsewhere 4. To counterfeit the Kings Great Seale the Privy Seale or His money 5. To bring false money into this Realme counterfeit to the money of England 6. To slay the Chancellor Treasurer or the Judges of either Bench the Justices of Eyre of Assize and all other Justices assigned to hear and determine in their places doing their office And then it is enacted in the negative that no other thing shall be judged Treason untill it be declared by the King and His Parliament And accordingly by severall Acts of Parliament some other things have been made Treason viz. 7. To deny the King to be our onely Supreame Governour and so in some other particulars The Members Law herein both Affirmatively and Negatively follow thus 1. That it is not Treason to imagine the death of the King the Queen or Prince 2. That it is not Treason to Levy War against the King to adhere unto His Enemies or to give aide or comforts to them in England or elsewhere 3. That it is not Treason to Counterfeit the Kings Great Seal or His Money 4. That it is not Treason to deny the King to be the Supreame Governour Then for their Doctrine in their Affirmative it followeth thus 1. That it is Treason to endeavour the preservation of the Kings Person from violence 2. That it is Treason for a Subject to aide the King against His Rebellious Subjects Levying War against Him 3. That it is Treason to maintain or affirme that the King is the onely Supreame Governour 4. That it is Treason for any Man to deny the Members their fellow Subjects to have the Soveraigne power of Government 5. That it is Treason for a Subject without leave of the Members to recide or dwell in London But it is not possible to instance in all the particulars of the new Treasons therefore in general the people must know that whatever the Members shall say is Treason They must beleeve it to be Treason Now for the poofs The foresaid Statute doth clearly demonstrate what the known Law is And therewith agrees all the Authorities Judgements and Resolutions of the Law But for the Members their Law is so new as that they cannot look beyond the beginning of this Parliament nor produce any one Judgement Resolution or Opinion to make good any one of their Doctrines And consequently their own fictions Let them speak out and all that they can say for themselves is but thus viz. We have gotten possession of the Kings Revenue we have besides that setled unto our selves a yearly Revenue amounting to at least thrice treble the profits of the Crown of England and which is still more sweet we have the dominion over King and People we have a power unlimited to impose taxes and payments upon whom we please and what summes we thinke fit their persons we have in vassalage and can take away their lives when and for what cause we please for the obtaining whereof we did Levy War against the King we did in that Warre attempt to kill the King the Queen and Prince we did adhere unto His Enemies and gave unto them relief and comforts we have counterfeited the Kings Great Seal and His Money we have and yet doe most barbarously imprison the Kings Person we have subverted both Law and Religion Now for us to confesse the known Law and submit our selves thereunto were no other then to put our necks into the halter Therefore we must of necessity deny the old and forge new Lawes These things considered I suppose every one not particeps criminis in this odious Rebellion will judge it more absolutely necessary for him to endeavour his infranchisement from His slavery then it was for the Members to commit this foul Treason and Rebellion whereby the people are brought to this Vassalage Upon the whole matter clear it is that all those Members of either House of Parliament who consented to the making of any Order or Ordinance for the promoting of this War pretended for King and Parliament and all other persons who have acted therein consented or adhered thereunto are guilty of High Treason CHAP. X. That the Subjects of this Nation are not onely commanded from doing violence to the Kings Person or prejudice to His Authority but are obliged with their lives and fortunes to assist and preserve His Person and Just Rights from the fury of His enemies both forraigne and domestick ALL the people of this Nation are divided thus viz. King and Subject which of it self is proof sufficient to make this good The word King as before appears implies a duty in the King to protect His people and the word Subject a duty in them to assist Him By the Laws of England for a servant to kill his Master is an offence of a higher nature and the punishment for it more severe then for the meanest Subject without such relation of service to kill the greatest Peere for besides the Subordination between them a trust is implyed the breach whereof by an act of that nature by the Lawes of England is petty Treason Besides the Law expects from the servant a personall assistance to preserve his Master from violence or hurt and in that regard the Master being assaulted the servant by the Lawes of England may justifie to resist the assailant in defence of his Masters person And between the King and His Subjects the Subordination and Subjection is of a far higher nature The trust reposed in the Subject and his duty to the King is far more transcendent the King being head of the weal publick By violating his person saith our Law every Member of the Common-wealth suffers Therefore in assisting Him we doe defend our selves He is Pater Patriae we are His naturall born Subjects and so by the Law of nature obliged to preserve Him from injury Now the person of my Soveraigne Leige Lord the King by an unnaturall Warre raised and prosecuted by His owne Subjects being assaulted and Warre made against His Crowne and Dignity And the King having by His Proclamations summoned His Loyall Subjects to assist him upon serious consideration thereof I found that nothing was more clear or pregnant both by Authorities of the books of Law and severall Acts of Parliament by which it is abundantly declared to be our bounden duty to serve the King in His Wars both against forrain invasions domestick insurrections and rebellions Then that I was obliged in duty by the Lawes of this Realm by the Law of Nature by the Law of Reason and by the Law of God even by that precept of Saint Paul in these words viz. Let ' every soul be subject to the higher powers to assist Him against these assaults And upon these grounds I took up Armes for Him and
And although this rule be exactly observed yet once having declared himself he is every houre in danger of destruction For when a new faction gets up which is very frequent changing his note oftentimes preserves him not from an impeachment he is from thence but dandled as a whelp under a Lyons Paw when that party thinkes fit cru hed in pieces Now should some of the Judges of any Court of Justice in Westminster-Hall demean themselves in this manner with their fellow Judges no wise man would esteeme them to have the power of Judicature And why a part of the Members of either House should have this Priviledge more then they is beyond the reach of the Westminster-men to make it good By this it appears that the Members have not freedome of Speech and consequently no House of Parliament Fourthly admitting the Members had not been injuriously expulsed And had they been permitted freely to give their opinions yet these men at Westminster have disabled themselves to sit or Vote there which is proved thus Every Traytor Murderer and Felon by the Law of the Land is disabled to sit or vote in Parliament But these persons are Traytors Murderers and Felons Ergo. The Major needs no proof every one grants it And for the Minor Those men have not onely committed such facts as the Law judgeth Treason Murder and Felony but even making it their daily work are still constant to those their principles They as before appears actually Levyed War against their King which is Treason They have actually endeavoured to kill the King the Queen and Prince which is Treason They have counterfeited the Kings Great Seal which is Treason They have counterfeited His Mony which is Treason They have not onely denyed their King to be the Supreame Governour but have arrogated the power of Soveraignty to themselves which is Treason They have this Parliament declared it Treason to attempt to change the Law But themselves have actually subverted both Law and Religion And have reduced both King and people to their Arbitrary power which is Treason They have and still doe imprison the Person of their King which is Treason Then for Murder besides their owne consciences if they have any remorse inwardly gnawing the fatherlesse children and widdowes of those slaine on both sides in this unnaturall War raised and prosecuted by them against King and Kingdome in swarmes to testifie against them But this not all they doe still in colder bloud and in further abuse of Justice by pretext and colour of Law sometimes in their own names other while imitating the ordinary formes of Law by the mouths of their nominall mock Judges whose understandings and consciences by their foresaid Order and with bribes and rewards they have in vassalage condemne murder and put to death the Kings Loyall Subjects as Traytors and this principally for refusing to commit Treason And for felony That offence is included both in the crime of Treason and Murder but there needs not that help to prove them guilty thereof By the Law of England it is felony of death to steal goods exceeding the value of twelve pence But these persons in the nature of robbery have by force taken from King and People their whole livelihood Suppose 20 Troopers to make an Order that all persons passing through High-gate shall deliver unto them all such Money as shall be found about them If the Troopers by colour of this Order force the passengers to deliver their Money It were ridiculous to deny this to be robbery Yet if that Order made by the Troopers were binding the fact were lawfull So here those men at Westminster have ordered which they stile an Ordinance of Parliament that all the people of England shall give unto them the 5 part and the 20 part of their Estates That every man who eats or drinkes buyes or sels shall pay unto them a certaine summe by the name of Excise That every County and Towne shall likewise contribute unto them and their Souldiers vast summes of money That all the Kings Revenues shall be disposed of to them and to their use That all persons who shall oppose them herein shall be judged Traytors and forfeit unto these men their whole estates and fortunes And by colour of those Orders we see they do by force seize and take all to their owne use Now in regard the foresaid persons at Westminster have not power as before is proved to make such Laws it directly followeth that the forcing the King and people herein is unlawfull and consequently both King and Subject are robbed of their money and goods And their estates wrongfully detained from them But peradventure these incendiaries at Westminster will object that although they be guilty of those crimes yet untill they be judicially convict thereof it cannot be alleadged against them Answer First By their owne practice they have judged this point against themselves For as before appears without any legall conviction they have expulsed almost all their fellow-Members And that for supposed facts which if guilty of disabled not them to sit or vote in the house So that these Westminster-men having to the view of the world committed such facts as by law disables them to sit or vote to be judged no Members themselves must confesse is at the most but lex Talionis Secondly it may appear even in the judgment of Law that a man is guilty of treason murder or felony although not attainted or convicted thereof For example one calls another before any conviction of such a crime Traytor Murderer or Thief The Person thus charged brings his action of slaunder In this case if the Defendant justifie his words alleaging that the Plaintif committed such a fact which the law judgeth Treason Felony or Murder and at the triall proved it The Jury ought to acquit the Defendant of the slaunder yet still that Traytor Murderer or Felon is not convict of the fact Therefore clear it is a Traytor is a Traytor And the people may as well know him so to be and as lawfully so call him before attainder or conviction as to know a spade to be a spade and so call it Besides when a treason murder or felony is committed it is the proper office of every petty Constable and of every Justice of peace nay it is the duty of every honest Subject to apprehend the malefactor and to bring him to due punishment wherein neither priviledge of Parliament dignity of the Person or imployment of the Offender is any protection It is not only lawful but the duty of every honest English man to lay hands upon the Speakers of both Houses or upon any Peer or Parliament-man or any other having committed the crime of treason murder or felony or justly suspected for the same And consequently they ought to apprehend the aforesaid Westminster-men It is true that in the ordinary proceedings no man can be convict of treason murder or felony but by Act of Parliament or
by judiciall proceedings recorded in his life time yet there is another rule in Law too viz. that no man shall take advantage of his owne wrong Therefore if one before he be convict by such proceedings be killed in rebellion and his corps viewed by the chief Justice he forfeits both lands and goods Now suppose 500 ordinary persons not claiming the power or name of a Parliament to have committed the crime of treason murder or felony Then assemble to themselves multitudes out the Judges from their Justice seat place those of their faction therein seize the Kings Great Seale break it in pieces and counterfeit an other Imprison the King and thus stop the course of Justice against themselves Grosse it were in that case because unattainted or unconvicted not to declare them Traytors Should the people in that case omit by all possible endeavours to apprehend and bring them to punishment wherein the Law upon resistance doth warrant the killing of them they were not only disobeyers of the Law but the cause of their owne misery Even so it is with the people at this day There is no difference to be found betwixt those 500 men and them at Westminster but the Westminster-mens pretence of authority which renders them more odious And therefore the people ought to be more zealous to apprehend them Fiftly it is an undoubted truth that whilst the Members are so over-awed as to act and doe what others command them It is no free Parliament and consequently all their proceedings void and null But those Westminster-men are in that manner awed Even as they by tumults expelled their fellow Members and by their tyranny fettered their consciences themselves are now by the power of an Army forced to captivate their owne sence to the will of a few inconsiderable persons some particular Officers of the Army The Members do not they dare not act any thing but in obedience of the results of a Councell of Warre Nay more we see not to alter and change opinion how contradictory soever to former votes how pernicious to King Church or Common-wealth as they receive commands from thence is ground sufficient both of an expulsion from the House and an impeachment of Treason Hence it is That we find such contradictory results sometimes these persons voting themselves a Parliament sometimes no Parliament sometimes much shew of setling a Forme of Religion they unvote that againe and declare upon pretence of satisfying tender Consciences to have none at all They do in effect say and unsay vote one and the same thing lawfull and not law even as the Cudgell hangs over them And so unlesse persons whose Soules and Consciences are so far in vassalage as to say act and doe what ever the present prevailing Party commands make the Houses of Parliament these Westminster men are not they and consequently if nothing but this were against them it proves them no Members of Parliament Sixtly admitting these men not disabled by any or all the foresaid means yet by their late Votes declaring their resolution not to make any addresse or application to the King nor to permit any from him they have by the Law of England dissolved themselves For setting aside the Kings Writs of summons the peoples electing the Knights Citizens and Burgesses and the returns thereof made And the Persons assembled have no more authority to sit or vote in either House then any other men And by those Writs they have nothing else to doe but to treat with the King concerning the affaires of the Realme Therefore by waving that they quit all their imployment They doe by it clearly publish unto the world an absolute deniall to take upon them those things which the King and people intrusted them with and for which they had Commission And consequently what ever they doe is without Commission or Authority But to doe them right they are in these votes more ingenuous then formerly There is now a harmony between their words and actions which heretofore jarred For notwithstanding their often Declarations and high Protestations even with deep execrations upon themselves if not performed to make the King glorious and the people to flourish The world might even from the first beginning of the Parliament see that all their actions tended to the destruction both of King and Kingdome Now suppose a new gang of four Judges set up in the Court of Kings bench by colour of Authority of these Persons at Westminster and three of them by an Order of their own to expell the fourth then two of the three to expel the third then one of the two to assemble multitudes and expell the other And after this the last man by himself alone or calling unto him two or three other persons sutable to himself to judge the Law and thereby to declare the wealth of the Nation to be their owne and both the Members and the rest of the people to be their slaves And having got an Army on foot to support their actions Then to declare that they will have no more relation unto or medling with the Members such Persons would quickly be denounced no Judges of that Court Declared to act without commission or authority To be Subverters of the Law and would be impeached of high Treason against this new State Even so ought all the people to declare these Westminster-men It is their case against the King the people and the old known fundamentall Laws of England Upon the whole matter I cannot more aptly parallel these persons then unto those men our Saviour in the Gospel warns us of They have got within the walls of the Houses of Parliament but entred not in by the dore They came in Sheeps clothing expressing themselves most zealous to advance Religion and to preserve the peoples Liberty But by their fruits we find them inwardly ravening Wolves they are like unto those who our Saviour calls thieves that come to steale kill and destroy they have abolished all Religion they have taken from the people their Liberty and almost to the last drop of bloud have sucked from them their livelihood In a word since they cast off their loyalty and so making themselves masterlesse those Wolves are so filled with pride as that they disdaine all other Creatures They are so gorged with malice as that they snarle and pinch at most men they meet which hath its effects like unto the biting of a mad Dog scarce curable but by a medicine prepared with the heart or liver of that biting Cur. So the world sees when these Westminster men have once fixed their malice whether upon those against them or upon their owne Party whether he have deserved well or ill whether the fact charged upon him be lawfull or unlawfull it is a million to one in fine he perisheth Nor can the wit of man find a cure for this grief but to unkennell these Wolves And to effect it the people of England by the rule of reason
name of King and Parliament and all such as have acted therein or adhered thereunto are guilty of Treason p. 100. CHAP. X. That the Subjects of this Nation are not only commanded from doing violence to the Kings Person or prejudice to His authority but are obliged with their lives and fortunes to assist and preserve His person and just rights from the fury of His enemies both forraigne and domestick p. 112. CHAP. XI That those persons at Westminster who call themselves The Parliament of England are not the two Houses nor Members of the Parliament p. 113. CHAP. XII Results upon the premises That the people of England under the government of the King according to the Laws of the Realme are a free Subject p. 125. CHAP. XIII That the people of England under the government claimed by the Members of the two Houses are absolute slaves p. 128. CHAP. XIV How the Subjects of England were brought into this slavery p. 132. CHAP. XV. The way how to restore the people unto their former Liberty p. 135. The Preamble or Introduction to the insuing Discourse wherein are contained the Motives which induced the Authour to take up Armes for the KING against the Forces raised by command of the Members of the two Houses of PARLIAMENT WHen the unhappy difference between His Majesty and the two Houses began to appear I endeavoured to satisfie my self of the cause thereof which I found to be thus The Members formed a 〈◊〉 concerning the Militia of the Kingdome to this effect viz. That certain persons by them therein named shall have power to Call together Muster and Arme all the people of the Kingdome and Conduct them into any part of the Realme to suppresse rebellious Insurrections or Invasions in such sort as the Members without the King shal signifie this power to continue so Long and no longer then those Members please and disobedience therein to be punished by the Members and none else This being presented to the King He refused to confirm it with His Royall Assent The Members thereupon stiling it An Ordinance of Parliament without the King declared it a Law By which in words not onely the Militia of the Kingdome and the Government of the Realm was taken from the Crowne and removed to the Members but an Arbitrary power usurped by them to signifie and declare what Facts were Rebellion and what not and accordingly by pretext and colour thereof caused the people to be Arrayed Armed and Mustered And so in effect the Kings Sword and Scepter wrested out of His hands by His owne Subjects And further the Members pretending the King not consenting to that Law was Evil-counselled by like Ordinances raised Armies appointed the Earl of Essex their Generall authorized them by War to Kill and slay their fellow Subjects and to remove from the King those pretended bad Counsellours The King by His Proclamation inhibited all Persons from adhering unto them and required His Subjects obedience unto Him their King Hereupon I seriously bethought my self whether I was obliged herein to obey the King or the Members and resolved the Laws of England ought to be my guide which I found to be thus That this Nation is governed by a known Law that Law expounded by the Judges of the Realme Those Judges appointed and authorized by the King our only Supream Governor unto whom alone all the people of England are obliged in point of Soveraignty and Government to submit themselves Then I considered in whom the power of the Militia was before the making of the aforesaid Ordinances Secondly 〈◊〉 â—â—…teration those Ordinances made For the first I found that the Militia of the Kingdome by the known Law was inherently in the King For the latter that no New Law can be made or the Old changed but by the King with the assent of the two Houses of Parliament And finding the King therein to dis-assent I did without scruple resolve the law was not altered therefore the Militia still in the Crown and consequently that it was my duty herein to obey the Kings Command not the Members Then I considered what was the offence of a Subject to joyne with those Forces raised by the Members which I found to be the crime of High Treason And lastly it being the duty of every Subject not onely to decline opposing his Soveraigne but to assist Him against all disloyall actions I took up Armes for Him and in His defence in this War Since which I have met with some Objections against these my proceedings which with my Answers to them I have set down in this ensuing Discourse And first concerning the grounds of the Law CHAP. I. That the Lawes of England consist in generall customes particular Customes and Acts of Parliament MOst evident it is that from the subduing of this Nation by the Romans which is about 1700 years agoe the people of this Realme have been governed by a Monarchicall power first under the Roman Emperours then under the Saxons awhile under the Danes again under the Saxons and lastly under the Norman Conquerour and his Progeny untill this day yet by what particular Laws those former Kings governed no authentick Author beyond the time of William the Conquerour doth make it appear But certain it is after that Conquerour had in a Battle slaine Harold and vanquished his Army which is neer 600 years since the people of this Nation submitted unto him as King of England who being in possession of the Crown agreed to Govern by known Laws Now whether those were new Laws introduced or the old continued as to this purpose is not materiall But by that very same Law as by severall Acts of Parliament it appeareth divers of his Successours Kings calling unto them for their advice such of their Subjects as they thought fit by Acts of Parliament made new Laws and changed the old but succeeding Kings since that have herein limited themselves insomuch as by the Constitutions of the Realme as now it is setled the Law of England consists in these three particulars 1. Generall Customes as thus the eldest Son to Inherit his Fathers Land the Wife to enjoy a Third part of her Husbands Inheritance for her Dower these and such like are generally Law throughout the Kingdome therefore called the Common Law 2. Particular Customes as thus in some places the yongest Son in other places all Equally Inherit their Fathers Land these and such like are particular Customes being fixed to particular places and by antient constant and frequent use is become Law there although not generally throughout the Kingdome 3. Acts of Parliament made by the King with the assent of the two Houses All which together that is to say The Common Law particular Customes and Acts of Parliament make the Law of England By this Law all men are protected in their Persons and Estates wherein there is no difference between King and People for neither King nor Subject hath or can justly
any one of these blessings If the major part of the Members require from thee thy life thy estate thy fortune thy friend or what ever else is most dear unto thee It is say they a breach of Priviledge of Parliament not to submit thy self to the block and render all to their lusts And if thou hast in this War acted against thy King thy case is still worse for by that War the Law is destroyed and so thou hast been an Instrument of thine owne and the Kingdomes ruine Yet of that faction against the King there be two sorts of people The one for self-ends against their owne knowledge the other misled and so pursuing although an erroneous one their owne conscience For those of the first ranke I feare like unto Judas their owne souls render themselves hopelesse of pardon which I presume like unto Catiline makes them judge themselves in no security but by attempting worse evils which doubtlesse begat that barbarous Vote and declaration of the Members not to make further Application to their King And for those of the latter ranke how far their following the dictamen of their owne conscience in point of Divinity may excuse them I will not dispute but certaine I am by the constitutions of this Realme in Temporall things it neither extenuates the crime nor mitigates the punishment In our Law it is a Maxime and a just one too Ignorantia Juris non excusat If not knowne the Law be a Plea or justification in facts of Treason murder felony trespasse or the like both King and people were without protection either of life person or estate It were easie for every Malefactor to pretend ignorance of the Law Therefore when the difference between the King and the two Houses first happened every Subject at his perill ought so far to have rectified his judgement as to have informed himself which side the Law obliged him to adhere unto yet not by that obliged to impossibilities for although most men in many particulars are unknowing of the Law every one even of the meanest capacity may as easily learne from whom he is to be informed thereof the Judges of the Realme as a sick man may find out where his Physitian dwels Now for want of so much consideration as to make enquiry whether by the Laws of England the King or the Members was therein to be obeyed that sort of people were surprised quitting their Allegeance to their King adhered to the Members their fellow Subjects and ingaged in this horred Rebellion Therefore in strictnesse of Law as guilty of Treason as those of the former ranke And thus by receding from that one principle in submitting to the true Iudge of the Law this desolation is come upon the whole Kingdome Had the King been suffered to enjoy his lawfull power of Soveraignty The Iudges of the Realme their Offfce of declaring the Law by which the King governs and the Parliament that is the King and the two Houses joyntly its proper authority viz. When necessity requires to make new Laws or change the old Had the Divines the Lawyers and especially the Members of the two Houses kept themselves within their owne spheares and every one submitted unto and obeyed his lawfull Superior the knowne Law of the Land had continued in force and consequently we had still been a most flourishing people But it is never too late to amend and if every one would herein begin at home the worke were instantly done but although it cannot be expected that all men will do their duty yet for those who were cheated into this Rebellion their judgements being once rectified it were not onely against the rules of charity but of reason likewise to conceive they should not with much more Zeal endeavour to restore the King and the people to their freedome then grounding upon an erronious conscience they prosecuted theirs and their owne confusion Now to shew that the honest vulgar people which are infinite in comparison of the Seducers were by the Incendiaries of these Westminster men intrapped into this Rebellion That by the Laws of the Land every mans onely true guide all the Subjects of the Realme ought in that War to have adhered unto the King That by the peoples disobedience therein the knowne Law is subverted and themselves inslaved That untill the King be restored unto His just rights the knowne Law set on foot and a submission to the true Judges thereof the people are not to hope for other then increase of misery And that by doing this which is both in their power and the peoples duty to performe is the scope of this Treatise And herein let none heretofore active against the King by reflecting upon the Law which as before appears doth judge him a Traytor be deterred from doing his duty That were in example of Judas to revenge themselves upon their owne persons They doe thereby become the Authors of their owne ruine for as we have the seate of then by attributing it to the Parliament Therefore much more is the arrogancy of the Members to claime that unlimited authoty without the King CHAP. V. That the Judges of the Kings Bench of the Common Pleas and the Barons of the Exchequer are the Judges of the Realme unto whom the people are bound lastly and finally to submit themselves for matter of Law p. 49. Wherein is shewed that the Members are neither qualified nor of a composier fit to Judge the Law And that if the King or the two Houses have that power the known Law is destroyed and the people inslaved CHAP. VI. That the Judges of the Realme ought to be elected and authorized by the King of England for the time being and by none else p. 64. Wherein it is shewed to be most preposterous for the Members to assume it And that all persons condemned and executed by their sentence or the sentence of their nominall Judges whether guilty or not guilty are murdered and all other proceedings void in Law CHAP. VII That the King is the onely Supreame Governour unto whom all the people of this Nation in point of Soveraignty and Government are bound to subject themselves p. 69. Wherein is shewed that Soveraigne power of Government power to make Lawes and power to judge the Law are three feverall things and by the constitutions of England ought to be in three severall hands The first is in the King the second in the King and the two Housis and the third in the Judges That the Members having usurped all these have destroyed the Law and inslaved the people CHAP. VIII That the Militia of the Kingdome by the knowne Law of the Land is inherent in the Crowne and at the absolute command of the King and none else p. 89. Wherein is shewed the true use of the Militia the grosse absurdity of the Members claime thereunto And that their usurpation herein hath undone the Kingdome CHAP. IX That all persons who have promoted this War in the