were taken up His Majesty had Promised that the Forts and Castles should be alwayes in such Hands and only such as they should have cause to confide in Ian. 27. And he accepted of Sir Iohn Coniers to be Lievtenant of the Tower of London in the place of Sir Iohn Byron Feb. 11. And he allowed their Recommendation of the Lievtenants for the severall Counties Feb. 28. And what need then of an Army to defend and secure our Liberties and Religion against Tyrannie and Popery And the truth is this pretended necessary defence and security of our Religion and Liberty against Popery and Tyrannie was only a Colour for the taking up of Armes and a sleight to gaine or rather to entrap and ensnare the People that by the Power of the Kingdome and the helpe of the People they might carry on and compasse their designe against Monarchy and against Episcopacy and the Liturgy And so the present Quarrell is for a not to be pretended to by any Law Liberty against Monarchy not against Tyrannie and for a not knowne or chosen by themselves Religion against Episcopacie and the Liturgie and not against Poperie For therein the King opposeth them and they have no enemy otherwise And this Alteration of Government in Church and State was first attempted in a Parliamentary way then it was carried on by Tumults afterward they proceeded to apparent Treason and from Treason to Treason untill at last they came to the height of Rebellion As the subsequent Discourse will show theâ— SEVERALL TREASONS BY the Lawes of the Land TO compasse the death of the King and Queene or to intend or imagine it To intend to deprive depose or disinherit the King if it may appeare by word or otherwise To leavy Warre against the King in this Realme or to conspire to leavy Warre against Him And this was high Treason by the common-Common-Law for no Subject can levy Warre in the Realme without Authority from the King for to Him it only belongeth Cook 3. part Instit. cap. de High Treason Againe if any levy Warre to expulse Strangers to deliver men out of Prisons to remove Councellors or against any Statute or to any other end pretending Reformation of their own heads without warrant this is levying of Warre against the King because they take upon them Royall Authority which is against the King Ibid. Also to detein or hold a Fortresse or Castle against the King And to deteiue or withhold from Him or against Him any his Ships or Ordinance is to levy Warre against the King in the Construction of the Law To encounter in fight and kill such as are assisting to the King in his Warres or such as come to help the King To Plot or doe any thing toward the moving Sedition either in respect of the King or his Army or to give advice or to procure or lend ayd thereunto To succour the Kings Enemies To be adhering to the Kings Enemies ayding them or giving them comfort in this Realme or elsewhere Besides other Treasons mentioned in Mr. Saint-Johns Argument upon the Earle of Strafford as 1. To endeavour to corrupt the peoples judgement and to take off the bonds of Conscience the greatest security of the Kings life as in Owen's case who said that King James being excommunicated by the Pope might be killed of any man and that such killing was not murther but only the Execution of the Popes supream sentence God forbid I said one of better judgement then Owen that I should stretch forth mine hand against Gods Annointed No saith Owen the Lord doth not forbid it you may for these reasons kill the King 2. To endeavour to draw the Peoples hearts from the King to set discord between Him and them whereby the people should leave Him and rise up against Him to the death and destruction of the King as in Sparhawks case Also at the Arraignment of the Earle of Essex the Iudges delivered ther opinions for matter of Law upon two points 1. That in case where a Subject attempteth to put himselfe into such strength as the King shall not be able to resist him and to force and compell the King to governe otherwise then according to his owne Royall Authority and direction it is manifest Rebellion 2. That in every Rebellion the Law intendeth as a Consequent the compassing the death and deprivation of the King as foreseeing that the Rebel will never suffer that King to live or Raigne which might punish or take revenge of their Rebellion and Treason And at the Arraignment of Sir Christopher Blunt That the Subject that Rebelleth or riseth in forcible manner to overrule the Royall will and power of the King intendeth to deprive the King both of Crowne and Life And that the Law judgeth not of the Fact by the intent but of the intent by the Fact How then is not this Rebellion in those who are now risen in forcible manner to overrule the Royall will and power of the King and have put themselves into such strength as the King shall not be able to resist them thereby to force and compell the King in some particulars to governe otherwise then according to his owne Royall Authority and direction and to take from Him the power of governing in some cases as of the Church and of the Militia of the Kingdome And in prosecuting this Rebellion how have they incurred severall Treasons 1. By endeavouring to corrupt the judgement of the People and to take off the bonds of Conscience the greatest security of His Majesty and to draw the Peoples hearts from the King and to set discord between him and them whereby they should leave the King and rise up against him 2. By levying Warre against the King in his Realme 3. By deteining his Forts and Castles from him and his Ships and his Ordinance 4. By encountring in Fight and killing them that assist him and by adhering to the Kings Enemies and giving them ayd and comfort 5. By compassing the death and deprivation of the King Rebels never suffering that King to Live or Raigne which might punish or take revenge of their Treason Now the method observed in this Rebellion was this The Government of the Church being in the King by Law and he governing it by Arch-Bishops Bishops c. A Bill was brought into the House of Commons for the Extirpation of them but it passed not Also the Government of the Militia of the Kingdome being by Law in the King for the effectuall protecting of the Law and his people Sir Arthur Hasterigges brought a Bill into the House of Commons for taking away the Militia from His Majesty and placing it in the hands of Subjects And this Bill was rejected with indignation When they could not compasse their designe by Vote in Parliament they attempt and prosecute it otherwise And whil'st His Majesty was in Scotland they send forth Lecturers and give licence to Pamphleters
frame of Government whether their fellow Subjects or their fellow Parliament men or their King and Soveraigne himselfe Yea from the first bringing in of the two Bills against the Government of the Church and for taking the Militia out of the Kings hand all their Proceedings have been only Rebellious and Traiterous untill this day and they and their Complices have spoken and acted nothing but Rebellion and Treason if examined and tryed by the Lawes of the Land And their Rebellion is an attempt to force and compell the King in some cases to governe otherwise then according to his owne Royall Authority and direction and by force of Armes to deprive him of his Government in some other cases and to force and compell his Vote and Assent to severall Bills in Parliament against himselfe and against his Authority and Government And so at once to subject both his Gubernative and Legislative Authority to the two Houses of Parliament And the Treasons already acted for promoting this Rebellion are The corrupting the judgement of the People and the taking off the bonds of Conscience toward His Majesty and the drawing away the Peoples hearts from him and the setting of discord between him and them whereby they should leave him and rise up against him And these are the Treasons more especially of their Preachers and Pamphleters The levying Warre against the King in this Realme The deteining his Castles and Forts from him and his Ships and his Ordinance And these are the Treasons of those Lords and Commons principally The encountring in fight and killing them that assist him and the adhering to the King's Enemies and giving them ayd and comfort And these are the Treasons of their Souldiers and Contributers Thus the Treacherous dealers have dealt treacherously yea the treacherous dealers have dealt very treacherously Esay 24. 16. And the Treasons to be acted which I tremble at and whereof all will be guilty that have any hand in the preceding Treasons I say the Treasons to be acted for consummating this Rebellion are The depriving or deposing or murthering of the King the Lords Annointed In every Rebellion the Law intending as a consequent the compassing the death and deprivation of the King as foreseeing that the Rebel will never suffer that King to Live or Raigne which might punish or take Revenge of his Rebellion and Treason And therefore doubtlesse it is that Sir Thomas Fairfax hath his Commission without exception to fight with kill and slay all that shall oppose him But God forbid that I should strech forth mine hand against the Lords Anoynted For who can stretch forth his hand against him and be guiltlesse 1. Sam. 26. 9 11. And my admonition to them and to all and every one any way engaged with them shall be that of Simon Peter to Simon Magus Repent of this thy wickednesse and pray God that if it be possible the thought of thine heart may be forgiven thee For I see thou art in the gall of bitternesse and in the bond of Iniquity Acts 8. 22. 23 And for the King it shall be my prayer and let it be the prayer of all Loyall hearts Plead thou the Kings cause O Lord with them that strive against him and fight against them that fight against him Lay hand upon the Shield and Buckler and stand up to help him Bring forth the Speare and stop the way against them that persecute him say unto his soule I am thy Salvation Let them be confounded and put to shame that seek after his soule let them be turned back and brought to confusion that imagine mischiefe for him Let them be as the dust before the winde and the Angel of the Lord scattering them Let their way be dark and slippery and let the Angell of the Lord persecute them For they have privily laid their net to destroy him without a causes yea even without a cause have they made a pit for his Soule Let a suddaine destruction come upon him unawares and his net that he hath laid privily catch himselfe that he may fall into his owne mischiefe And the Kings soule shall be joyfull in the Lord it shall rejoyce in his salvation Amen Amen And now to conclude this Tract as Sir Edward Cook doth his Chapter of Treason It appeareth in the Holy Scripture that Traitors never prospered what good soever they pretended but were most severely and exemplarily puâ—â—ished As Corah Dathan and Abiram by miracle The ground clave asunder that was under them And the Earth opened her month and swallowed them up and their Houses and all the men that appertained unto Korah and all their goods Num. 16. 31 32. Absalom who by faire speeches and courtesies stole the hearts of the People and sought his Father King David's life riding upon a Mule under the thick Boughes of a great Oake in the wood of Ephraim where the Battell was his head caught hold of the Oake and he was taken up between the Heaven and the Earth And Ioab took three darts in his hand and thrust them thorow the heart of Absolom while he was yet alive in the midst of the Oake 2. Sam 18. 9 14. Achitophell Absolon's chiefe Councellour hanged himselfe 2. Sam. 17. 23. Shimei for cursing David had his hoare head brought with bloud to the grave 2. Sam. 16. 5 6. 1. Kings 28. 46. Abiathat the Traiterous high Priest against Solomon was deprived of his Priest hood 1. K. 2. 26. 27. Zimri who conspired against Elah and smote him and killed him when he saw the City was taken wherein he was went into the Palace of the Kings House and burnt the Kings House over him with fire and dyed 1. Reg. 16. 9 18. Athaliah the daughter of Omri who dâ—stroyed all the Seed Royall was slaine with the Sword 2. Reg. 11. 16. Bigthan and Teresh who sought to lay hold on King Ahasueerus were both hanged on a tree Est 2. 21. 23. Thewdas who rose up beasting himselfe to be somebody and to whom a number of men about 400. joyned themselves was slaine and all even as many as obeyed him were scattered and brought to nought After him rose up Iudas of Galilce in the dayes of taxing and drew much People after him He also perished and as many as obeyed him were dispersed Act. 5. 36 37. Iudas Iscariot the Traitor of Traitors hanged himselfe 27. Mat. 5. And purchased a Field with the reward of iniquity and falling headlong he burst asunder in the midst and all his bowells gushed out Act. 1. 18. Peruse over all our Books Records and Histories and you shall find a principle in Law a rule in Reason and a triall in Experience That Treason doth ever produce fatall and finall destruction to the offendor and never attaineth to the desired end two incidents inseparable thereunto And therefore let every one abandon it as the most pernitâ—ous bayte of the Divell of Hell and follow the precept in holy Scripture My Sonne feare thou the Lord and the King and meddle not with them that are given to change For their Calamity shall rise suddainly and who knoweth the Ruine of them both Prov. 24. 21 22. Cooke 3. part Instit. cap. 2. POST-SCRIPT And now Reader see the Accomplishment of that Evangelicall prediction In the last daies perilous times shall come for men shall be lovers of their own selves covetous boasters Proud Blaspheamers Disobedient to Parents Traitors Heady High-minded Lovers of Pleasure more then Lovers of God Having a forme of Godlinesse but denying the power thereof 2. Tim. 3. 1 2 4 5. Presumptuous are they selfewilled they are not afraid to speak evill of Dignities 2. Pet. 2. 10. Woe to them for they have gone in the way of Cain and runne greedily after the Error of Balaam for a reward and perished in the gainsaying of Core Jude 11. Also Reader Learne and Consider That what things soever are evill in their own nature as are Rebellion and Treason cannot be the Subject of any command or induce any Obligation of Obedience upon any man by any Authority whatsoever As the Lords and Commons at Westminster have delivered in their Declaration May 19. 1642. FINIS Politicall and Regall power the Author thereof Kings have not their Power from the People Antient Constitutions not to be overthrowne The Kings negative Vote in Parliament The Kings Oath to Corroborate such Lawes as the People shall chuse The Kings several Councells Cook upon Littleton l. 2. c. 1. Sect. 164. Tumults this present Parliament Strangsways The Parliament pretences for taking up of Armes 1. The fetching in Delinquents 2. The Defence of our Religion and Liberty The true state of the present War Treasons by the Lawes of the Land Other Treasons in Mr Saint-Iohns Argument Rebellion The present Rebellion and Treason The Method used in this present Rebellion A Bill against Bishops Sir Arthur Haslerigges Bill concerning the Militia Traiterous Lecturers and Pamphleters Tumults revive the Bill against Bishops Articles of high Treason against the L. Kimbolton and the five Members No priviledge of Parliament in case of Treason They put themselves into the strength of the Kingdom Tumults revive Sir Arthur Haslerigges Bill concerning the Militia The Ordinance for the Militia The Navy-Royall They declare against the Kings Negative Vote and so against his Legislative Power The 19 Propositions against His Gubernâ—tive power His Majesties Answer to the Propositious They raise an Army The same Propositions insisted on at the Treaty at Oxford And at Vxbridge How the King is restrained already And how they would farther restraine him Ob. Ans. The King superiour to the two Houses of Parliament The Lords Commons in Parliament subjected to the King In their Persons In their Votes They are our fellow Subjects Their Votes in this Case All one whether a Rebellion be by the Subject in Parliament or out of Parliament A Party of the Lords Commons only engaged in this Rebellion Upon what Motives others have engaged themselves Parliaments have not succeeded well in five Cases Note The sixth Case The beginning and progresse of this Rebellion Their Proceedings in Church and State The present Rebellion Treasons already acted by whom Horrid Treasons to be Acted for compleating the Rebellion The Rebels admonished A Prayer for the Kâ—ng The Conclusion The Postscript
by their preaching and writing to corrupt the judgement of the people and to take off the bonds of Conscience towards His Majesty and to draw the Peoples hearts from the King and to set discord between him and them whereby they should leave him and rise up against him And this is the scope of the Remonstrance published Decemb 15. 1641. The Peoples judgement thus corrupted and their hearts not only alienated from but also set against the King they run head long into Rebellion and first those about London conspire and goe in multitudes to Westminster with Swords and Clubs and with Clamours they revive and presse the matter of the Bill against Bishops formerly rejected And they menace affront assault and chase the Bishops then actuall Members of Parliament so that they could not sit and Vote in the House of Peers and they proclaimed the names of others of the Peers as evill and rotten-hearted Lords And they assault and evill entreat those of the House of Commons who they supposed favoured the Bishops and had Voted against their Bills and against their designe as Sir John Strangswayes c. And as they passe and repasse through the streets they utter seditious and traiterous words against the King and His Government Hereupon His Majesty exhibited Articles of High Treason against the Lord Kimbolton and the five Members the Ring-leaders in this Rebellion For endeavouring to subvert the Fundamentall Lawes and Government of the Kingdome and to deprive the King of his Legall Power and to place on Subject an Arbitrary and Tyrannicall Power For endeavouring by many foule Aspersions upon his Majesty and his Government to alienate the affection of his People and to make his Majesty odious to them For endeavouring to subvert the very Rights and being of Parliaments and as farre as in them lay by force and terrour to compell the Parliament to joyne with them in their designe But the accused Members shelter themselves under the Priviledge of Parliament though it be a maxime in Law that in case of Treason Priviledge of Parliament doth not extend is of no signification and by the power and protection of the City of London and the Counties adjacent And now they begin to put themselves actually into the strength of the Kingdom and they dispose order the Militia of the City of London under the Command of Major Generall skippon and seize on his Majesties Magazine at Hull and commit the custodie of it to Sir John Hotham And the House of Commons Petition His Majesty that the Militia of the whole Kingdome may be in such hands as they should confide in and when the major part of the Lords would not concurre with them the poore people in and about London come in a tumultuous manner to Westminster and they revive presse the matter of Sir Arthur Hasterigges Bill for the Militia formerly reiected and Petition the House of Commons against those Lords as Malignants and disturbers of the peace and desire to have their names declared and threaten to remove them Jan. 31. So they withdrew and the Militia was carried by the remaining party of the Lords In Feb and March they settle the Militia of the whole Kingdome by an Ordinance excluding His Maiesty from any power in the disposition or execution of it In Aprill they possesse themselves of the Navy-Royall And having put themselves into the strength of the Kingdom they seek to overrule the Royall will and power of the King by declaring against his Negative Vote in Parliament May 26. And to compell the King to governe otherwise then according to his Royall Authority and directions as appeares by the 19 Propositions tendred to His Maiesty Jun. 2. And upon His Maiesties Refusall of those Propositions according to the Latitude of their desires they raise an Army Iun. 10. Though His Majesty by his Declaration in answer to those Propositions which concern Religion revives and renews His promises made formerly viz. Decemb. 1. 15. to remove all illegall Innovations and to call a Nationall Synod and to abolish Offensive Ceremonies professing himselfe also willing to a Reformation of the Government and Liturgy of the Church according to His Message sent to both Houses Feb. 14. And though in Answer to the Propositions which concern the choyce of Privy-Councellors and other great Officers of State c. His Majesty promised that He would be carefull to make election of such Persons in those places of Trust as have given good testimony of their Ability and Integrity and against whom there can be no just cause of exception And that if He should be mistaken in His election and they should offend in their severall places He would leave them to the Iustice of the Law to be executed every Trienniall Parliament at the least shewing moreover that if the two Houses of Parliament should have the power of electing them great Factions animosities and divisions would follow thereupon both in the Houses themselves and between the two Houses and in the Severall Counties also Lastly touching the other Propositions though His Majesty had fully declared and shewed that they tended to the depriving Him of the Power of Protecting His People and the Lawes which He is sworne to maintain And to the very deposing of Him and of His Posterity and to the utter overthrow of that Ancient happy equall and well-poysed constitution of the Government of this Kingdome and to the overthrow and ruine of the Kingdome it selfe by destroying Monarchy and therewith Vnity by introducing Aristocracy and Division with it and Democracy and with it Tumults Violence and Licentiousnesse Though the King I say in His Answer to their Propositions had declared promised and shewed this yet they took up Armes without Authority and Commission from His Majesty and so they levy warre against our Soveraign Lord the King His Crowne and Dignity And they encounter in fight and kill such as assist the King and they gave Battell to the King himselfe in Person at Edge-hill They insist also upon the same Propositions at Oxford 1643. And upon the King's refusall of them they prosecute Warre as before Lastly the Parliament of both Kingdomes offer the same Propositions to be Treated on at Vxbridge 1644. wherein also they farther desire the concurrence and consent of the Parliament of Scotland in our Reformation of Religion in the setling and managing of the Militia of the Kingdome and in concluding of Peace and Warre with Forreigne Princes Besides they require the Cessation in Ireland to be made voyd and that the two Parliaments may order the Warre there and the Militia and conserve the Peace of the Kingdome of Ireland True it is that in some points of Regality and Soveraignty the King of England is already restrained and limited so that He cannot rule and governe absolutely as He will as in making of Lawes which He cannot doe but with the
Consent of the Lords and Commons assembled in Parliament and in declaring of Lawes which He cannot doe but by the proper Iudges in His severall Courts but in all other things that are not expressely restrained by Law He is free and absolute and the Soveraignty both of Iudgement and Power is in the Person of the King alone As in providing for the present safety against suddaine danger and in levying of Armes suppressing of Tumults and Rebellion convoking of Parliaments and dissolving them making of Peers granting Liberty of sending Burgesses to Parliaments treating with Forreigne States making of Warre League and Peace giving of Honour Rewarding Pardoning c. And in these and the like particulars it is that they would farther limit and restraine the King that He should not governe as He hath done formerly according to his owne judgement and will informed and Regulated by the Advice of his Councell of State and Councellors at Law but according to the judgement and with the Consent of both Houses of Parliament in some Cases according to the judgement and with the Consent of the Parliaments of both Kingdomes and in some other Cases they would assume the Government wholly to themselves and they take up Armes and fight to force the Kings Vote and assent to severall Bills concerning these particulars and so at once wholly to overthrow the Kings Soveraignty Legislative and Gubernative But though others may not yet the Lords and Commons assembled in Parliament may rise in a forcible manner and compell the King to governe as they please in some cases and deprive him of his Government in other cases as they please And others in obedience to their Authority and Command may assist in this Warre against His Majesty without Rebellion and Treason This is a false and Treasonable suggestion as Owen's was to corrupt the judgement of the People and to take off the bonds of Conscience towards His Majesty by advancing the Houses of Parliament above the King And the falsenesse and Treasonablenesse thereof will plainly appeare upon the due Consideration of the Kings Superiority to the two Houses of Parliament and of the Relation between His Majesty and the Lords and Commons assembled in Parliament and between them and us out of Parliament 1. Touching the point of Superiority between the King and the Parliament the two Houses themselves have long since determined it The Parliament 25. H. 8. declares thus This your Grace's Realme recognizing no Superiour under God but your Grace The Parliament 16. R. 2. 5. affirmes the Crowne of England to have been so free at all times that it hath been in no earthly Subjection but immediatly to God in all things touching the Regality of the said Crowne and to none other Ergo The two Houses of Parliament cannot of Right have or exercise any authority over the Crowne or the Realme over the King or the Subject of England And though some Parliaments called in troublesome times of Faction as now and overswayed by those that were the head of the most potent Faction as at this time have de facto deposed and murthered some Kings yet such instances prove no more claime of Soveraignty in the Parliament over the King then a Robber when he exerciseth an Arbitrary power over a mans person and purse And the Observator himselfe confesseth ingeniously that there was never King deposed in a free Parliament And that the Acts of the Parliament R. 2. were not so properly the Acts of the two Houses as of H. â— and his Victorious Army Nor is it Treason only but impiety also to advance the Parliament the Representative of the people above the King the Representative of God And it is to set up Kings and not by God Hos. 8. 4. Yea and against him too 2. Touching the Relation between the King and the Lords and Commons assembled in Parliament we must know this That the high Court of Parliament consists of three integrall parts the King the House of Lords and the House of Commons The King is the Head and the two Houses are the grosse Body subordinate to the King and to be considered alwayes as a part of the Parliament and in a notion under the King as well in Parliament as out of Parliament and they are subjected to the King in Parliament 1. In their persons for the King calls them together and dissolves them And as they have occasion to petition the King in Parliament they confesse themselves his Subjects and directing their Petitions to His Majesty thereby they acknowledge his Soveraignty Majesty being a Ray of Soveraignty Yea the very Legislative Acts wherein consists their Parliamentary Eminency speake them alwayes his Subjects and stile him their Soveraigne And according to the Information of the Iudges in the time of H. 8. The King in Parliament standeth in his highest Estate Royall in respect of the exercise of his Soveraigne Authority and power in making Lawes which he cannot doe but in Parliament Besides in token of his Soveraignty and their subjection the King personally taketh Homage and Oath of Fidelity of the Lords and he Commands the Commons before they Sit and Vote in the House to take the Oath of Supremacy and Allegiance whereby they acknowledge him to be the only Supream Governour in this Realme and sweare to assist and defend all Jurisdictions Priviledges Preheminences and Authorities belonging to him his Heires and Successors or annexed to the Imperiall Crowne of the Realme And farther the Lords and Commons in this present Parliament have bound themselves by their Protestation to maintaine and defend with their Lives power and Estates His Majesties Royall Person Honour and Estate So the Lords and Commons assembled in Parliament are in the condition of Subjects to His Majesty and they have sworne Fidelity and Allegiance to him and therefore they cannot rise up against the King and compell him as aforesaid without manifest Rebellion and Perjury also 2. In their Votes in passing Bills and making Lawes wherein though they concurre with the King necessarily yet 't is not by equall Authority but by consent only not as joynt Soveraignes but as free Subjects not as enacting with the King but as choosing and preparing and proposing Lawes to be enacted by the King according to the passage in the Oath That the King shall Corroborate such Lawes as the People shall chuse And without this Corroboration by the Royall assent which gives life and motion to our Lawes the Votes of the two Houses of Parliament dye in the wombe where they were Conceived like an Embrio and never see the light 3. Touching the Relation between the Lords and Commons assembled in Parliament and our selves out of Parliament we take them to be no other than our fellow Subjects and them with us and us with them to be equally subjected to our Soveraigne Lord the King who is Head both of the Kingdome and of the Parliament and to none other Nor