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
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
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
of the Members to have power to make a Law it is all one as to have that authority without asking them the question The Members upon broaching such a doctrin for the King would cal it tyranny they might justly too in that case account themselves but ciphers And the like reason holds via versa if the Kings deniall to make a Law hinder not the force of it the absolute power is in the Members And whether a Law be of necessity to be made for the preservation of the Kingdome or not he who will be sole Judge of that necessity excludes the other if the King be Judge thereof the Houses are excluded if the Houses assume that power the King is excluded And then for the continuance of those Laws it is as easie for the Members to say they have cause to continue them as to pretend necessity to make them The Members judged it necessary for the preservatiō of the Kingdome to take from the Crowne the Militia of the Realme and to settle it upon themselves they desired the King to consent He refused thereupon the Members without the King usurped that power into their owne hands The Members now declare it necessary for the preservation of the Kingdome for them without the King to impose upon the people impositions taxes and payments without stint to make what Laws they thinke fit to exclude the King from His Regall Authority to assume the whole power of Government and that to be Arbitrary the King having been desired to consent hereunto He refuseth Upon this we see the Members without the King assume it witness the imposition of that horrid Tax by Excise Assesments condemning of their fellow Subjucts to death confiscating their Estates and the like so that no man can apprehend that the asking of the Kings consent which in shew they seemed to desire is in their esteeme indeed of any moment And the Members by excluding the King from His negative Voice having got possession of the wealth of the whole Nation and dominion over the people having thereby wrested from the King the Sword His Scepter and Soveraignty it selfe no doubt but the same necessity pretended by them at first to incroach this power will be still alleadged by them to make their usurped authority lasting which accordingly we find the Members have as much as in them lie made their raigne perpetuall They tell us first in generall that in all matters either concerning Church or State we have no Judge upon earth but themselves And so by their doome we are both for soul and body in an everlasting and absolute slavery unto our fellow Subjects Then they proceed to particulars and begin with the Militia of the Realme which they judge usetesse and as a thing lying dead whilst it is in the power of the King of England For say the Members by the constitutions of the Realme the King cannot by himselfe alone without consent of the two Houses raise money by taxing the people Therefore the power of the Militia say they inables Him not to do the Kingdome any effectuall service But those Members having arrogated a power without the King to impose upon the people without stint they do therefore judge the Militia to be their owne And I confesse they are in some sort necessitated thereunto for both we and they see that otherwise then by troopes of Horse and bands of Soldiers it is impossible to leavy upon the Subject those illegall burthens by the Members laid upon them So that it is now come to passe that our greatest happinesse is made the foundation of our greatest misery because the King governs us by a knowne Law these Members tell us we must not be governed by a King the Kings justnesse to His people hath furnished these Tyrants with arguments to dis-throne Him By the government under the King and that authority claimed by Him the people have such protection of their persons and property in their Lands and goods as that otherwise then the known Law declared by the sworne Judges of the Realme doth warrant the King cannot molest them in either therefore say the Members He ought not to have the power of the sword But on the other side the Members having usurped an arbitrary and tyrannicall power over the persons lives estates and fortunes both of King and people therefore the Militia of the Kingdom say they belongs to them so that upon the matter better it had been both for King and people if the King had assumed the Turkish tyranny for then the King even by the Members owne argument had kept His Crown nor had the Subject been in so great a slavery as now we had then been subject only to one tyrant but by this doctrine we are vassals to seven hundred The Members have already besides the whole Revenue of the Crowne which they have barbarously wrested from the King the Queen and the Royall Progeny taxed upon the people by way of Excise Assesments and such like new impositions before this Parliament never known nor heard of in England above 3000000. l. per annum for their owne setled Revenue yet all this serves not the turne of these blessed self-denying reformers Besides all this they force the people to lend to give they confiscate where they please and convert to their own use what summes of money they thinke fit Yet setting aside their owne pompe and glory no visible cause of expence appears saving the Souldiery who are kept for no other end but to awe the people and force those exorbitant and illegall contributions Secondly they have Judged the King whom themselves even this Parliament have sworne to be their onely Supreame Governour to be unfit to Governe And this for refusing to acknowledge it His duty to be governed by them His Subjects and so much as in Him lay perpetually to vassalage unto those Rebels Himselfe His Royall Posterity and all the rest of the people And to compleat the worke they have Judged it Treason for any Subject of England either to make application to His Soveraigne or to receive any Message from Him By which Tyranny the people of this Nation are brought into that sad condition as doubtlesse was never yet parallel'd even from the Creation upon the face of the whole earth For Traytors we are denounced both for doing and not doing one and the same thing By Act of Parliament it is high Treason to refuse to sweare the King to be the only Supreame Governour over all the people of the Realme And these Members against this knowne and declared Law although themselves have taken that Oath murther such Subjects as according to their duty make addresse unto Him And call that their due allegeance Treason And to colour these proceedings the Members have the boldnesse to vouch God himselfe to justifie the legality thereof The power of the Militia say they was the principall cause both of this late War and the quarrell
nor any people from free Subjects become more absolute slaves then the Englishmen are and will be And being thus brought into misery that which is still worse our selves and posterity to the end of the world are likely to live under this vassallage without hope of redemption if not by Gods mercy timely remedied For it cannot be imagined that the Members so long as they have power over their Prince and other His good Subjects and whilst their persons estates and Fortunes are thus at their will and pleasure it cannot be imagined I say that by their owne judgement against themselves or sentence we shall be enfranchized Now if I appeale to any rationall man not prejudicated as a person herein particularly concerned whether that Law which declares such Acts of Parliament to binde or that which judgeth them void be the more prudent wholesome and reasonable Law I dare be bold to conclude that sentence herein will be given for the latter And since it followeth that some Acts of Parliament may and ought to be adjudged void that being granted reason dictates to every man of sense that not the Members but some other knowne persons must determine which Statutes bind the people and which are invalid Now that the Judges of the Realme have power not only to determine which Acts of Parliament are binding and which void but to expound the meaning of every Act is no new doctrine it is the knowne Law and the common practice of the Kingdome which is the Law it selfe In the bookes of our Law it is declared for a fundamentall ground That such Statutes as are against Common-right repugnant or impossible are void and that they ought to be so declared by the Judges of the Realme For example by the Statute of Carlile made 35. E. 1. it is ordained that the Seale of the order of the Cistercians and Augustines shall be kept in the custody of the Priour and foure others and that any deed sealed with any other seale shall be void and this Statute is judged to be void in Law and that the Priour notwithstanding this Law and against the expresse words thereof sealing deeds with any other seale those deeds are judged good for the Priour could not seale with that seale in the custody of the other four and therefore that Statute repugnant in it selfe and so void It is likewise declared by the Judges that where a Statute gives power to A. to determine all pleas happening within his mannour in that case A. shall not have power to determine such pleas as concerne himselfe and the same it were if the Statute should in expresse words grant to A. that authority for it is repugnant to reason and common justice that any man shall be judge in his owne case It is resolved by the Judges of the Realme that divers prerogatives are so inseperably annexed to the Crowne as that they cannot be severed by Act of Parliament for example by a Statute made 23 H. 6. c. 10. it is enacted that no man shall continue Sheriffe of a Shire above one year and by that Act declared in these words that all Patents from the King of that office of Sheriffe for yeers for life in taile or in fee shall be void any clause or words of non obstante put into such Patents notwithstanding Now thisStatute as to the Kings power is by the Judges of the Realm declared void and although that Statute was never repealed all Kings since might have granted that office for life in taile or in fee and grants thereof have been made accordingly contrary to the expresse words of that Statute yet resolved to be good And ever since that Act all Kings have most frequently continued Sheriffs in their office for longer time then a year Even common experience sheweth that the power of the old Sheriffe doth not cease or determine untill the King hath made a new Sheriffe and notice thereof given to the old which oftentimes happeneth to be after the year And in Michaelmas Terme 5. and 6. of Queen Eliz. the Sheriffs by reason of the great plague then and of the adjournment of that Terme wholly were made and named by the Queen without the Assembly of the Justices in the Exchequer according to the common usage and though for the most part none were named but one of the two which remained in the bill of the year then last passed yet by all the Justices and Serjeants at Law it was holden that the Queen by Her prerogative might have made a Sheriff without any such election notwithstanding any Statute to the contrary which appears in Dyers Reports The King is fountaine of Justice mercy therefore if it were enacted that he shall not grant Commissions to determine felonies or that from henceforth it shall not be in his power to pardon any Crime or that all such pardons shall be void such Laws would be void and would not bind as being repugnant to Law government and reason to stop that fountaine The King by His Prerogative hath authority to dispense with penall Laws which cannot be taken from Him by Act of Parliament although in expresse termes it be enacted that all such dispensations with a non obstante shall be void which cleerely appears by the foresaid case of the Sheriff for though by that Statute of 23 H. 6. it is inacted that all Patents of the King shall be void as before although with a non obstante yet the Judges at all times have resolved it as a thing without dispute That those Patents although expressely against the words and intent of that Act with a non obstante are good in Law And so the bookes take it for a fundamentall ground that the King may by His Patent with a non obstante dispense with Laws made by Act of Parliament and put the difference between Acts prohibiting what the Common-Law prohibits in which case the King cannot by His letters Patents with a non obstante how strong soever it be penned dispence with such Acts or any one point of the Common Law of England which forbids onely that which is malum in se otherwise it is of Acts prohibiting things not before prohibited by the Law which are onely mala quia prohibita the King may dispense with such Acts by His Letters Patents with a non obstante though those very Acts expressely say that such Letters Patents with a non obstante shal be void That Prerogative being inseperable as is shewed before and not to be abolished by Act of Parliament no more then His other prerogatives of as high a nature viz. those of denouncing War and concluding Peace inhaunsing or debasing of Coine or the like which are flowersinseperably annexed to the Crowne and most proper for a King but not sutable with the condition of a Subject therefore the Judges have resolved they cannot be severed by Act of Parliament And the same it is
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
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
when the Law is only declared by Act of Parliament If the King and the two Houses declare that it is not by the Common Law of England Treason to kill or to attempt to kill the King the Queen or Prince or that it is not felony to steale or the like such declarations are of no effect they ought not they do not they cannot conclude the Judges And as every Statute may be judged by them whether it be binding or void so the meaning of the words thereof must be by the Judges expounded too It is the true sense which is the Law not the bare letter and this exposition is likewise the office of the Judges as is said before For example by a Statute made 1 Eliz. it is enacted that all leases made afterwards by any Bishop of his Church-lands exceeding 21. years or three lives shall to all intents and purposes be judged void and yet it hath been adjudged both in the Kings Bench and in the Common Pleas that a lease for an hundred years is not void against that Bishop himselfe who was lessor wherein the Judges expound the meaning of the Law-makers to be thus that their intent was onely for the benefit of the Successours not to releive any man against his owne Act therefore such leases made after the Statute exceeding twenty one years or three lives are voidable only by the successours if they please and adjudged not void against the lessour himselfe contrary to the expresse words of the Statute And in like manner are other infinite Acts of Parliament expounded by the Judges wherein it is a maxime in Law that their exposition of Statutes ought to be according to the rules of the Common Law by which it appears the Members are not the interpreters for they know not the rules of the Law Besides the Parliament cannot be the finall expounders of Statutes for these reasons 1. It appears before that it is not the bare letter but the true sence and meaning of the words which is the Law And the King and the two Houses cannot declare the meaning of those words but by Act of Parliament they cannot saith our Law otherwise speake what ever they Act or doe in any other way is extrajudiciall if the King and both Houses unanimously deliver an opinion without reducing it to an Act of Parliament concerning the meaning of a former Statute it is of no more nor greater force or effect then for the Judges of a Court of judicature to give their opinions in a point of Law in a case not judicially depending before them such an opinion binds not nor is pleadable in a Court of Justice And besides the absurd inconvenience and the impossibility to have an Act of Parliament to determine every question arising upon Statutes it may so happen as that the King and the two Houses can never give an end to one controversie For example suppose an Act be made to explaine the meaning of former Statute ambiguously penned the words of this Act must have a meaning too and may admit of severall interpretations as well as the former Act did and severall persons as they are therein concerned may differ in the exposition thereof and so irreconcileable as not to be ended without the authority of a Judge and this may fall out upon every Act of explanation upon explanation in infinitum and consequently by that way there cannot to the end of the world be a finall determination of the difference 2. The validity of every Statute and the exposition thereof at the will of every person concerned may regularly be brought before the Judges of the Law but cannot judicially depend before the Parliament For example every Statute is binding or void if binding it concerns the Subject in his person or estate and when it is put in execution the ministers or actors therein may at the will of him interrupted thereby be sued in the Court of Common Pleas or in some other Court of Justice by an action of trespasse by which suite what ever the Act of Parliament is both the validity of the Statute and the meaning of the words thereof is submitted to the Judges of that Court and to their judgement As suppose this case to arise upon the foresaid Statute of 23 H. 6. that one who hath continued Sheriff above one year by vertue of a Writ directed to the Sheriff of the same County doth arrest the body of A. who for this brings his action of trespasse in the Common Pleas in which the Sheriff justifies by vertue of the Writ A. replies pleads the Statute and shewes that the year was ended before the arrest upon which the Sheriff demurs in Law by these pleadings the whole fact is confessed on both sides the Sheriff doth acknowledge his year was out before the arrest and A. confesseth the arrest was by vertue of the Kings Writ directed to the Sheriff and so the question being matter of Law it is to be determined by the Judges of that Court wherein the sole doubt is whether that Statute be binding or void for if binding judgement ought to be given for the plaintife A. because the Statute being good the defendant was not Sheriff after his year ended when he made the arrest and so had no authority if void it ought to be given for the Sheriff for then the Law is not by it altered and so he was Sheriff at the time of the arrest although his year was out Now in this case no man can deny but that the Judges must give judgement else the Court of Common Pleas which were absurd to imagine hath not power to determine an action of trespasse and judgement being given as in this case it ought to be for the Sheriff because it is already resolved and received for a knowne truth that the foresaid Statute binds not the King this duty of the Subject to serve the King in person saith the booke being due by the Law of nature cannot be severed by Act of Parliament it is finall And so if it were enacted that a Member of the Commons House or any other subject by name should not be condemned or punished for murder who afterwards commits the fact for which being arraigned at the Kings Bench bar he pleades the Statute the Judges even against the expresse words and intent of that Act ought to give sentence of death And contrariwise if by Act of Parliament it were enacted that all Pardons for felony to be granted by the King should be judged void after which a subject commits felony obtaines the Kings pardon for it is arraigned at the bar and pleads this pardon it ought to be allowed being duely pleaded and the Justices in such case ought not to condemne but to acquit the prisoner And these judgements as to any appeale to the Parliament are finall they cannot be brought before the King and the two Houses by any suite or action at Law They cannot judicially determine any
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
with the King then they tell us that the question concerning their right thereof having been long and sadly debated both in black and red battles God himselfe hath given the verdict upon their sides meaning if their words have any sense that by their prevailing against the King in that war God hath judged the cause for them and against the King But who sees not this to be a presamptuous blasphemy added to the sin of Rebellion did not this bold hypocrisie as aptly sute with the actions of Ket Cade Wat Tyler and all fore-going Rebels Certainly as long as any Traytor murderer or felon can defend himselfe from the just triall and sentence of the Law it is as easie and upon as just grounds for him to appeale to God for justification of his fact as these Members do now call Him to witnesse for them So that the consequence to the people of England which followeth the excluding the King from His negative Voice in Parliament is no lesse then the losse of that happy condition of a free Subject governed by a knowne Law under a King and in being reduced to the slavery of an arbitrary power under their equals and fellow subjects Therefore all the people of England do generally disclaime the foresaid Members to be their representatives and refuse to submit unto their Orders or Ordinances Upon the whole matter these things appear that the Parliament of England consisteth of the King the Lords House and the Commons House joyntly concurring that every one of them hath a negative Voice in making Laws and consequently all Orders and Ordinances or whatever they may be stiled whereunto the King hath not or shall not voluntarily without compulsion give His Royall Assent are done without Commission warrant or Authority and so not binding King or people In the next Chapter is shewed the power of the Parliament of England CHAP. IV. That the King the Lords House and the Commons House concurring have not an unlimited power to make Laws it being in the brest of the Judges of the Realme to determine which Acts of Parliament are binding and which void and to expound the meaning of every Act. IT may seeme strange to some that the high Court of Parliament should be limited in their power and deny to expound their own Laws But upon consideration had of the use of a Parliament and of the grounds of the Laws of England it appears to be both just and consonant to the Constitutions of this Realme The People of this Nation are not governed by a Parliament Soveraignty is the Kings yet the King Himselfe hath not an absolute or an unlimited power over the people For as the people are governed by and under Him so the Law directs how He is to governe them But in this Nation as in every Common-wealth governed by a setled Law occasions oft happen to do such things as the rules of that Law cannot warrant Therefore necessary it is to have a power to supply those defects and that is the office and true use of a Parliament Which authority rightly considered is of such concernment to the Common-wealth as that the greatest care in the world ought to be had who are trusted therewith It is no lesse then a power to change that Law whereby the people have protection of life and fortune and therefore may require the consent of such persons as are not rightly qualified to judge which Laws are binding and which void or to expound the meaning thereof Upon that ground it is that by the constitution of this Realme no new Law can be made or the old changed but by the King with the assent of the two Houses of Parliament Those persons as before appears are proper to judge when such things have happened as may require the making of a new Law or to alter the old But without derogation from the honour of those persons That body is not of a mould fit to judge which Statutes are binding which void or to expound the meaning of an Act. First cleere it is Acts of Parliament may be so penned and containe such matter as ought not to binde either King or people Suppose it enacted that from henceforth the Members of the two Houses shall be exempt from punishment for Treason Murder Felony and other Crimes Or that the King and the two Houses from time to time shall consent to make such Laws as a close Committee or certaine persons by name shall conclude upon or that every Act of Parliament afterwards made shall be void and the like no man can conceive such Acts would be binding for thereby the true use of Parliaments the Law and government were destroyed Besides all men grant that an arbitrary power is absolutely destructive to the people And it appears in the next precedent Chapter that to give this unlimited authority of making Laws to the King alone or to either or both Houses without the King were no other then to bring upon the people that thraldome Now for this boundlesse power to be in the King and the two Houses joyntly although that were nothing so bad as to have it in the King alone or in either or both Houses without the King yet the people were not thereby so wel secured from the tyranny of an arbitrary power as when the Judges determine which Acts of Parlliament are binding and which void Upon perusall of former Statutes it appears the Members of both Houses have been frequently drawne to consent not onely to things prejudiciall to the Common-wealth but even in matters of greatest waight to alter and contradict what formerly themselves had agreed unto and that even as it happened to please the fancy of the present Prince witnesse that Statute by which it was enacted that the Proclamations of King H. 8. should be equivalent to an Act of Parliament one other Act which declared both Queen Mary and Queen Eliz. to be bastards one other which in words gave power to the same King to dispose of the Crowne of England by his last will and testament And the severall Statutes in the times of King H. 8. Edw. 6. Queen Mary and Queen Eliz. setting up and pulling downe each others Religion every one of them condemning even to death the professour of the contrary Religion And now reflecting upon the proceedings of the present Members we finde they have de facto arrogated unto themselves in the highest straine a power arbitrary It is likewise too evident with what terrors menaces and inhumane cruelties they presse their Soveraigne to passe Acts of Parliament for confirmation thereof Doubtlesse had they not met with a King even beyond humane expectation most magnanimous it had been effected And suppose this Kings consent had been obtained or that He or any other succeeding King shall be drawne by force or fraud to consent thereunto and admit such Acts of Parliament to bind it will follow that no Government can be more arbitrary