as to take upon them a power to depose and powr out the sacred blood of their lawfull Soveraign Yet is there no such power in rerum natura It is the off-pring of the Devil The cloak Sanctuary and refuge of Treason Rebellion and Tyranny to blinde the people taking advantage of their ignorance and lead them hood-winckt into everlasting destruction unless the God of mercy prevent not With this new upstart Doctrine have our Apochryphal Dogmatists in England led the rascal rabble of the people about like a Dog in a string buzzing in their ears that the Monarchy of England is composed of three kinds of Commonwealths and that the Parliament hath the form of an Aristocracy the three estates of a Democracy and the King to represent the state of a Monarchy which is an opinion not only false absurd fond foolish and impossible but also worthy of the most severe punishment For it is high treason to make the Subject equal with the King in authority and power or to joyn them as Companions in the Soveraignty For the power of a Soveraign Prince is nothing diminished by his Parliament but rather much more thereby manifested The Majesty of a Prince consists in the obedience of his Subjects and where is the obedience of the Subjects more manifested then in his Parliament where the Lords and Commons the Nobility and Comminalty and all his Subjects from the highest Cedar to the lowest Shrub with bended knees and bare heads do cast down themselves at his feet and do homage and reverence unto his Majesty Humbly offering unto him their requests which he at his pleasure receiveth or admiteth So that it plainly appeareth that if the Parliament be not extravagant and leap over the bounds limited by the laws of God and our Realm of England the majesty and authority of our Soveraign is not decreased by the assembly of Parliament but rather augmented and increased For the Peers cannot assume Aristocracy nor the Commons Democracy without violation of their Oaths with which they are tyed in obedience to their Soveraign as well as with the Laws Indeed our Prince doth distribute places of command Magistracy and preferments to all his Subjects indifferently and so the Government is in a manner tempered with Democracy But yet notwithstanding the State doth continue a pure and simple Monarchy because all authority floweth and is derived from the King and the Soveraignty doth still continue in him as the fountain from whence those streams of power run and the Parliament is so far from sharing in this Soveraignty that the whole current of our acts of Parliament acknowledge the King to be the only Soveraign stiling him Our Soveraign Lord the King And the Parliament 25 H. 8. saith This your Graces Realm recognizing no superior under God but your Grace c. And the Parliament 16 Rich. 2.5 affirmeth the Crown of England to have been so free at all times that it hath been in no earthly subjection but immediately to God in all things touching the Regality of the said Crown and to none other And without doubt these Parliaments and many others had as much might and right though not so much Knavery as our Anabaptists and Puritans and other Sectaries have now who pretend that the Government originally proceedeth and habitually resideth in the people but is cumulatively and communicatively derived from them unto the King and therefore the people not denuding themselves of their first interest but still retaining the same in the collective body that is to say in themselves suppletive if the King in their Judgement be defective in the administration or neglect the performance of his duty may question their King for his misgovernment dethrone him if they see cause and resuming the Collated power into their own hands again may transfer it to any other whom they please These men would make themselves extraordinary wise or else our Ancestors extraordinary fools for surely if there had been such a power residing in the people as these men blab of it would have been preached up before these new-lights ever saw the light some busie-head like themselves would have awakened it and not let it sleep so long But it is impossible and a meer foppery to think that such a power should be for suppose that the people had at first Elected their Governour and gave him Soveraignty over them could they with justice and equity dethrone him again Surely no. For sive electione sive postulatione vel successione vel belli jure princeps fiat Principi tamen facto Divinitus potestas adest Let the King be made by election lot succession or conquest yet being he is a King he hath Divine power And therefore they have no power to take away that which God hath given The Conceit of a mixed Monarchy that the supreme power may be equally distributed into two or three sorts of Governours is meerly vain and frivolous because the supreme power being but one must be placed in one sort of Governors either only in Monarchy or only in Aristocracy or only in Democracy Our Parliaments of England never until now claimed either Aristocracy or Democracy Therefore as hitherto it hath been granted so the Government must of necessity still be Monarchical And the gracious Concessions of our Soveraign not to make Laws without a Parliament do not make the Parliament sharer or his equal in the Soveraignty because as I shewed before the Parliament hath no power but what is derived from the King His limitation of his Prerogative doth no way diminish his Supremacy God himself who is most absolute may notwithstanding limit himself and his power as he doth when he promises and sweareth that he will not fail David and that the unrepentant Rebels should never enter into his rest so a man that yieldeth himself to be bound hath his strength restrained but not lessened neither is any of it transferred to them who bound him So our Soveraign doth limit his power in some points of his administration and yet this limitation neither transferreth any power of Soveraignty unto the Parliament nor denyeth the Monarchy to be absolute nor admitteth of any resistance against him Monarchy is either Lordly or Royal. Adam proved to be the first King and made by God in Paradise not by the people All Kings are made by God The Son hath more right and it is more pleasing to God for him to murther his Father the Wife her Husband and the Servant his Master than it is for the people to kill their King Though in truth he be wicked The Kings institution and authority declared by Divine and Humane Writers The Horrible Labyrinth of sins which Regicides plunge into with their guilt The most famous Nations in the World have and do live under Monarchy Englands glory and love to Kings in times past and her Apostacy in times present Pater familias were petite Kings and how little Kingdoms grew great Kingdoms The Kings power is
non usu valet argumentum But they all unanimously resolve and report the contrary Reader I Would not have thee imagine as some men through malice or ignorance do most impudently assert that when we say The King is absolute and above the Law that thereby is intended that the King is freed from and hath power to act against Gods Laws when he pleaseth No this is but their false glosse and interpretation For non est potentia nisi ad bonum hability and power is not but to good There is no power but what is from God and therefore no mortal man can have a power to act against God To sin and break Gods commandements is impotency and weakness no power For the Angels which are established in glory do far excel men in power yet they cannot sin The Law of God is above the King and he is bound to God to keep it yet neverthelesse he is an absolute King over men because God hath given him the Supreme power over them and hath given no power to men to correct him if he transgresse But God only whose Law only he can transgresse can call the King to an account Hoc unum Rex potest facere quod non potest injuste agere the King only is able not to do unjustly is a rule in Commonlaw and the reason is because the people do not give Laws to the King but the King only giveth Laws to the people as all our Statutes and Perpetual experience hath taught us Therefore how can the King offend against the Laws of the people or be obnoxious to them when they never gave him any Laws to keep or transgresse and then how can the people punish him who never offended their Laws Therefore the King must needs be absolute over the people and only bound to God not to the people to keep those Laws which God not the people gave him and as God is above the Laws and may alter them at his pleasure which he gave and set over the king so is the King above and may alter at his pleasure those laws which at his pleasure he gave set over the people still observing that he is free from all Laws quo ad coactionem in respect of any coaction from the people but not quo ad obligationem in respect of obedience to God by his obligation Therfore well might Solomon counsel us to keep the Kings commandement saying Eccles 8.2 I counsel thee to keep the Kings Commandement and that in regard of the Oath of God Be not hasty to go out of his sight stand not in an evil thing for he doth whatsoever he pleaseth Where the word of a King is there is power and who may say unto him what dâ—st thou These words are the words of God which King Solomon did speak by infusion of the Spirit In which you may see that the King doth what he pleaseth And we are commanded not to stand in an evil thing that is according to Iunius and Tremel translation perturbatione rebellione quae tibi malum allatura esset ageret tecum arbitratu suo sive jure sive injuria We must not murmur and rebel against the King though he deal with us unjustly He may be just when we think he is unjust The Kings heart is in the hands of God the searcher of all hearts as the Rivers of Water not in the hands of the people Therefore God not the people can turn it whether soever he will Prov. 21.1 King David was filius Dei non populi The Son of God not of the People Psalm 89.26 It was God who made him higher than the Kings of the Earth verse 27. not the People He was neither chosen of the People nor exalted of the People For I have exalted one chosen out of the people saith God verse 19. The exaltation was Gods and the choice not of but out of the people For I have found David my Servant with my holy oil have I anointed him saith God verse 20 Kings are the Children of the most high not of the people Psalm 82. Therefore who can say unto the King what dost thou If the people of England have power to depose and make Kings Why are they usurpers who by the power of the people destroy the lawfull King as did Richard the third and by the consent of the people established himself in the Government They are Kings de facto but not de jure as all our Books agree For the people have not the Soveraignty but the King Surely the people of England thought so when by act of Parliament they ordained that none should be capable to sit in Parliament before they had Sworn it vide 1 Eliz. 1.5 Eliz. 1.1 Jac. 1. And I am sure that the breaking of the Oath can give the Parliament no new Authority It is declared by the Lords and Commons in full Parliament rot Par. 42 E. 3. nu 7. Lex consuetudo Parliamenti 4 Inst 14. upon demand made of them on the behalf of the King that they could not assent to any thing in Parliament that tended to the disherison of the King and his Crown whereunto they were Sworn And it is strange to think that the House of Commons which is but the tail of a Parliament should have that power which both Lords and Commons had not But since there can be no Parliament without the King 4 Inst 1 2.341.356 We may conclude that these men being Traytors Rebels and Tyrants will take upon them to do any thing Defensive War against the King is illegal or the Great question made by Rebels with honest men no question Whether the people for any cause though the King act most wickedly may take up arms against their Soveraign or any other way by force or craft call him in question for his actions Resolved and proved by the Law of God the Law of Nations the Law of Nature the Laws of the Realm by the rules of all Honesty Equity Conscience Religion and Piety by the Example and Doctrine of our Saviour Christ all the Prophets Apostles Fathers of the Church and all pious Saints and holy Martyrs That the peoplâ— can have no cause either for Religion or Laws or what thing soever to levy War against the King much lesse to murther him proved in Adam The manner of the Government of the King Gods Steward and Stewart when he cometh described The Bishops Lords Prayer and Common Prayer Book must then be restored with their excellencies now abused He will lay down his life before he will betray his trust and give his account to any but God as did our last great Stewart his Father The blessednesse of the people when the King shall come and rule over them declared his Majesty The Christians duty towards their King laid open and warranted by the Death and Sufferings of Christ and multitudes oâ— Christians The madnesse of the people in casting oâ— the Government of a gracious King and submitting
restored to his own and sit Judge amongst us It was King Charles the first who granted that the burthen of excise should not be laid on the shoulders of his Subjects but the Rebels with their intollerable and monstrous Excises new found impositions and other unspeakable grievances have beggered the Subjects and undone the whole Kingdome both in their Estates and Reputation To be short whatsoever they voted unlawfull for the King to do they have done that and ten thousand times worse so that though we want not bodies to feel the miseries which they have brought upon us yet we want tongues to expresse the wofulnesse of our Condition and the incomparable wickedness of these Traytors And what greater pretence have they had for their actions than to say that the King was not the Supreme Governour over his Subjects A contradiction in it self but we will proceed further to manifest their error Sir Thomas Smith in his common-wealth of England saith cap. 9. By old and antient Histories that I have read I do not understand that our Nation hath used any other general Authority in this Realm neither Aristocratical nor Democratical out only the royal Kingly Majesty who held of God to himself by his Sword his People Crown acknowledging no Prince on Earth his Superiour and so it is kept holden at this day which truth is sufficiently warranted in our Law-Books The state of our Kingdome saith Sir Edward Cook li. 4. Ep. ad lectorem is Monarchical from the beginning by right of inheritance hath been successive which is the most absolute and perfect form of Government excluding Interregnum and with it infinite inconveniences the Maxim of the common Law being Regem Angliae nunquam mori That the King of England never dyeth then doubtlesse the Rebels could not by Law mortifie both the natural and politique capacity of the King And in Calvins case li. 7. The weightiest case that ever was argued in any Court than which case according to my Lord Cokes observation never any case was adjudged with greater concordance and lesse variety of opinions and that which never fell out in any doubtfull case no one opinion in all our books is against that judgment In this case it was resolved amongst other things Fo. 4. c. 1. That the People of England c. were the Subjects of the King viz. their Soveraign liege Lord King James 2. That Ligeance or obedience of the Subject to the Soveraign is due by the Law of Nature 3. That this Law of Nature is part of the Laws of England 4. That the Law of Nature was before any judicial or municipal Law in the world 5. That the Law of Nature is immutable and cannot be changed From which resolutions we may conclude that the Subjects of the King of England unlesse they like God Almighty could alter the Law of Nature They could not alter their obedience and subjection to their Soveraign Lord King Charles For if by the Law of Nature obedience from them was due to the natural body as I shall further prove of King Charles and if the Law of Nature is immutable as most certainly it is Bracton lib. 1 ca. 5. D. Stu. ca. 5. 6. then could not they have any cause whatsoever as altering their Religion banishing or killing of them a sufficient ground for them to take up arms against him and put him to death For by this they go about to change the Law of Nature which is impossible for mortals to do But say some by the Law of Nature we may defend our selves and therefore leavy war against the King for our own defence I answer that by the Law of Nature we are bound to defend our selves yet must we use no unlawfull means for our defence for the Subjects to levy war against their Soveraign is forbidden both by the Laws of God and Nature Therefore vain and foolish is that excuse as well as all others which the Rebels make use of to defend their Rebellion Ligeance is a true and faithfull obedience of the Subject due to his Soveraign It is an obligation upon all Subjects to take part with their Liege Lord against all men living to aid and assist him with their bodies and minds with their advice and power not toft li up their arms against him nor to support in any way those who oppose him This ligeance and obedience is an incident inseparable to every Subject of England and in our Law-books and many Acts of Parliament as in 34 H. 8. cap. 1. 35 H. 8. cap. 3 c. The King is called the liege Lord of his Subjects and the people his liege subjects Every Subject of England taketh the Oath of ligeance which is only due unto the King yet doth not the ligeance of the Subject to the King begin at the taking of this Oath at the Leet For as it was resolved in Calvins Case so soon as the Subject is born he oweth by birth-right ligeance and obedience to his Soveraign Lord the King Because ligeance faith and obedience of the Subject to the Soveraign was by the Law of Nature written with the Finger of God in the Heart of Man before any municipal or judicial Laws were made 1. For that Moses was the first Reporter or writer of Law in the World yet government and subjection was long before Moses 2. For that it had been in vain to have prescribed laws to any but to such as ought obedience faith and ligeance before in respect whereof they were bound to obey and observe them Frustra enim feruntur leges nisi subditis obedientibus You may read likewise in Calvins Case That the King of England hath his title to the Crown by inherent birth-right by descent from the blood royal from God Nature and the Law and therefore not by way of trust from the two Houses of Parliament or from the People Neither is his Coronation any part of his Title but only an ornament and solemniation of the royal descent For it was then resolved that the title of King James was by dessent and that by Queen Elizabeths death the Crown and Kingdom of England descended to his Majesty and he was fully and absolutely thereby King without any essential ceremony or act to be done Ex post facto So in the first year of the same Kings reign before his Majesties Coronation Watson and Clarke seminary Priests and others were of opinion that his Majesty was no compleat and absolute King before his Coronation but that Coronation did adde perfection to the descent and therefore observe saith my Lord Cook their damnable and damned consequent that they by strength and power might before his Coronation take him and his royal Issue into their possession keep him prisoner in the Tower remove such Counsellors and great Officers as pleased them and constitute others in their places c. and that these and others of like nature could not be treason against
is never good which turneth again and the good Christian will suffer himself to be broken in a thousand pieces before he will turn again with resistance against his persecuting King for why He knoweth that though he suffer here on Earth yet God will glorifie him in Heaven though he be contemned by the King yet he shall be exalted by God and though he dye by the Kings unlawfull command yet his comfort is that his dead body shall arise by the eternal Decree of the Almighty and so the good will always receive praise of the Power Neither are the Rulers a terrour to him because he always aboundeth with good works Hor. Integer vitae scelerisque purus Non eget Mauri Jaculis nequè arcuâ— Nec Venenatis gravida sagitis Fusce Pharetra Who lives upright and pure of heart Oh Fuscus neither needs the Dart Nor Bow nor Quiver fraught with store Of Shafts envenom'd by the Moor. Innocence is the only buckler which protecteth a loyal Subject from the terrour of his Soveraign But Traytors who have rebelled against their king deserved death by the known Laws of the Land These men must preach up Mr. Prynnes Doctrine to cover their malice hold the truth in unrighteousnesse and when with offensive Arms contrary to all Law and Religion and against their allegiance and oaths they set upon the Kings sacred Majesty and with an innumerous multitude of unhallowed Rebels they fight against and strive to murther their dread Soveraign in the open Air They must have the impudence with Mr. Prynne to excuse themselves may think it a glorious Apology To averr confidently that it was never the meaning of St. Paul nor the Holy Ghost to inhibit Subjects to take up defensive Arms against Kings themselves And thus they invoke St. Paul himself and the Holy Ghost to patronize their wicked Treasons and unparallel'd Rebellions and belch out Blasphemy to defend their injustice and themselves from the justice of their injured Soveraign The Apostles did not only teach us with their Doctrine that resistance of the power was unlawful but also suffered themselves to be wickedly massacred and murthered before they would resist an unjust power Nay all the primitive Christians which Mr. Prynne confesseth although they were many in number and sufficiently able to defend themselves against their Persecutors by force and Arms yet did refuse to do it yielding themselves up to any tortures punishments deaths without the least resistance of the power either in word or deed Nay our Saviour himself acknowledged that Pilate had power given him from above to Crucifie him as you may read in St. Iohn 19.10 Then saith Pilate unto him Speakest thou not unto me knowest thou not that I have power to Crucifie thee and have power to release thee Jesus answered Thou couldest have no power at all against me except it were given thee from above Therefore he which delivered me unto thee hath the greater sin Yet Mr. Prynne with his confident averrment for he cannot bring one word of Scripture for what he saith goeth about to maintain the defensive Warr as he calls it of the Subjects against their Soveraign Lord the King lawfull both in point of Law and Conscience Tantumnè potest suadere malorum Religio Could his Religion do this His surely and only his for it is against the foundation of Christian Religion and Mr. Prynne must publish a new Gospel or else rectifie the Bible at the Presbyterian Oracle before his King-killing books will be Canonical He bringeth his arguments from the time that never was nor ever will be for saith he 2d pâ—rt of his Soveraign power of Parliaments fo 82 83. Kingdoms were before Kings ergo the King hath no absolute negative voyce c. I alwayes thought that Kings were before Kingdoms they being correlativa and doubtlesse if Fathers were before Sons and Masters before Servants then Mr. Prynne speaks nonsense but for his Apology you must understand that he means Countryes and people were before Kings but I think that is false too for the first man Adam was a King and Mr. Prynne cannot shew any time before England was governed by Kings And the word Kingdom in the Reports of our book cases and in Acts of Parliaments also is oftentimes taken for the King himself as you may read in Calvins case lib. 7.12 Therefore since by the Laws of the Land there can be no Parliament without the King that the word Kingdom is often used for the King himself who can deny the truth of the Title of Mr. Prynnes book which saith That the Parliament and Kingdom are the Soveraign power But latet anguis in herba Open the leaves of his book and you will see the mystery of iniquity clouted together If the King saith Mr. Prynne dye without heir then the people might make what lawes they should think fit Ergo the Members at this day have power without the King to make Lawes and are the most absolute supreme power and law-giver not the King If the Sky fall we may perhaps catch Larks but it doth not therefore follow that we may catch Larks presently Mr. Prynne knoweth that it is a Maxim in Law that the King never dyeth But admit the King should dye without heir and that then the people had power to make Lawes yet grosse it were to conclude that the members of the two Houses might so do because they are dissolved and are extinct when the King dyeth Therefore with more reason as a Royalist observes the King might argue thus All the lands in England are holden mediatly or immediately of the King and if the owners dye without heir by the lawes of the Realm their lands escheat to the Crown and so become at the Kings disposal But every man may dye without heir Ergo All the lands in England at this present are the proper inheritance of the King No Lawyer can deny Major or Minor yet the Conclusion thereupon is absurd The Court of Parliament saith Mr. Prynne hath power to avoid the Kings Charters c. made against law Ergo it hath the Soveraign power and is above the King and why not Ergo the Court of Chancery or any other of the Courts of Law at Westminster have the soveraign power and are above the King for they have power to nullifie and avoid the Kings Charters c. made against Law But I am sick of Mr. Prynnes impertinence and nonsense if any one be desirous to drink more of it I referre him to the Ocean his Book I will only give you a taste of the abuses which Mr. Prynne hath cast on Venerable Bracton and how Mr. Prynne endeavoureth to make Bracton speak Mr. Prynne's own sense against Bracton's own sense expresse words and meaning And since Mr. Prynne can make the Gospel and Holy Ghost speak what he pleaseth no wonder if he hath the Law-books at his beck Bracton saith as you have already heard That the King
hath no Peer in his Kingdome for so he should lose his Empire since Peers or Equals have no command over one another much more then ought he not to have a superiour or mightier for so he should be inferiour to those who are subject to him and inferiours cannot be equal to superiours Now saith Mr. Prynne according to the old Jesuitical distinction The meaning of Bracton is That the King is above every one of his subjects and hath no Peer nor superiour if they be taken particularly and distributively as single men but if we take them collectively in Parliament as they are one body and represent the whole Kingdome then the Subjects are above the King and may yea ought to restrain and question his actions his Male-administrations if their be just cause By which meaning of Bracton as he calleth it but in truth only his own Mr. Prynne would prove the Parliament to have the Soveraign power over the King and Kingdome Truly I think the very recital of what Bracton hath written and what Mr. Prynne writeth is Bracton's meaning is enough to convince and make appear even to the blind that Mr. Prynne is worse than a false Commentator and an absurd deceiver But howsoever I will examine them and let the world judge how they agree The King hath no Peer in his Kingdome saith Bracton But the Parliament and people the Kings Subjects are in his Kingdome Ergo neither the Parliament nor people collectively or distributively are the Kings Peer or equal But why hath the King no Peer in his Kingdome Because then he should lose his Empire So he should if the Parliament was his Peer and Bracton did never intend that the King should lose his Empire for he saith the King ought by no meanes to have a superiour or mightier Mr. Prynne saith he ought by all meanes to have the Parliament his superiour and mightier But wherefore ought not the King to have a Superiour because saith Bracton so he should be inferiour to those who are subject to him The Parliament and People confess themselves to be the Kings Subjects yet Mr. Prynn would have them to be the Kings Superiour Expressly against Bractons words and meaning and a meer nonsensical Contradiction And the reason why Mr. Prynne saith Bracton did only mean that any single man was not the Kings Superiour or Equal not the Parliament is because Bracton saith Rex non habet parem nec Superiorem in regno suo seing Parem and Superiorem in the singular number I pray what Latine would Mr. Prynne have Bracton speak could he have expressed himself better and too Mr. Prynne pretendeth the Parliament to be only the Kings Superiour not Superiours Therefore doth not the singular number fully answer Mr. Prynne in all points but Mr. Prynne may hear Bracton confute him in the plural number too if he please as I have already shewed saying Rex habet potestatem et jurisdictionem super omnes qui in regno suo sunt and again Potentia vero omnes fibi subditos praecellet Where is Mr. Prynns almighty Parliament now Bracton telleth him if they be in the Kings Dominions that the King hath power over and above them and Mr. Prynne must find out some Utopia for them in the air to inhabit before he can prove either by Law or Gospel that the Parliament is above of hath Soveraign power over the King Ipse autem Rex non debet esse sub homine sed sub Deo et sub Lege quia Lex facit Regem saith Bracton but the King himself ought to be under the Parliament saith Mr. Prynne and why not under the women for if Mr. Prynne will say that the Parliament is not comprehended in the word Homine so likewise may he say that neither are women Bracton saith that the King ought to be under none but God and unless Mr. Prynne can make his Parliament a God Almighty he can never make out that the King is under it For according to Bractons Doctrine the King is under none but God Omnis quidem sub rege et ipse sub nullo nisi tantum sub Deo Which is sufficient testimony that the King is under no mortal man or men yet he is sub Lege under the Law because the Law maketh the King Ergo saith Mr. Prynne The Parliament maketh the King and Governeth him with the Laws which the Parliament first made O Grand Imposture Can any man but Mr. Prynne forge such a consequence Rex solutus a Legibus quò ad vim coactivam subditus est legibus quo ad vim directivam propria voluntate The King indeed is under the Law because he will be ruled by the Law but if he will not no man hath power to compel or punish him according to the opinion of Thomas Aquinas The King is free from the Coercive power of the Law but he may be subject to its directive power yet according to his own will and inclination that is God can only compell and command him but the Law and his Courts may direct and advise him Every honest man is bound to perform and fulfill his word and the King is so much under and subject to the Laws which he maketh that he will perform and fulfill them but if not Dominum expectet ultorem which is the only punishment for Kings And satis sufficit that is enough too according to Reverend Bracton But that the Parliament therfore maketh the King and may question his actions according to Mr. Prynns Sophistry is a meer non sequitur The Law indeed maketh the King for he hath a legal Title to his Crown he is made our King by the Law of God and the Law of the Kingdom which cannot be without a King but that the Law of the Parliament or that the Law by the Parliament made the King is such a Chimaera that is no where to be found but in Mr. Prynnes unsetled brain For the King of England was made a long time before Parliaments were invented or thought on The King indeed first made Parliaments and gave them their being who now have unmade their King and took away his living O ungrateful Servants who rob their Master O ungracious Children who murther their Father which begot them So much for Mr. Prynne and his pestilent book the prodigious offspring of a revengeful head whom I would not have mentioned but to vindicate the truth for which I will both live and dye One thing Reader I recommend to thee worthy of the observation of all Christians and as a just judgement of the Almighty God Psal 33.10 who bringeth the Counsel of the Heathen to nought and maketh the devices of the people of none effect Which is that Mr. Prynne who was the only Champion to fight against the truth with his pen as the Rebels did with their Swords to maintain and applaud the long Parliament in their Treason and Rebellion against their Soveraign was afterwards ill intreated by his
own stipendaries and cast out of the pack as an unprofitable Member He incouraged the Souldiers to fight against the King dedicated his Volumes to their chief Commanders loaded them with high Commendations and incomparable praises and made them believe that they could do God no better service than to go on vigorously in their Rebellion So that it may be truly said that his paper pellets did more harm than the roaring Guns or cutting Swords He laboured night and day to glorifie and vindicate the Parliament in their wicked proceedings at home and as his books will manifest he spared many hours from his natural rest to promote the unnatural Warrs abroad Yet now nec invideo he prosecuteth them with reproaches as much as he did then with praises himself being become hatefull to them all verifying the Proverb of Solomon cap. 24.24 He that saith unto the wicked thou art righteous him shall the people curse Nations shall abhorre him Therefore I once more advise him as a friend to write a book of Retractations The Lord be merciful unto us the men of our times would make one believe that there never was a King in the World Nay they would seem to make the Kings so highly esteemed of by God all the Prophets and Apostles in Scripture but meer white walls the empty shadows of the people and the Bible but a bundle of Fables as if God never took no more notice of a King than of an ordinary Porter How Judas sirnamed the Long Parliament betrayed and murthered Charles the first The best of all Kings and contrary to all Law and Religion and the common interest of the people Banish Charles the 2d our only lawful King and Governour The mystery of their iniquity laid open and that they are the greatest and most wicked Tyrants that ever dwelt upon the face of the Earth and the Child which is unborn will rue the day of their untimely birth Of what persons a Parliament consisteth No Parliament without the King The Original institution of Parliaments and that the House of Commons which now make themselves Kings over King and people were but as of yesterday have no legal power but what is derived from the King and never were intrusted with any power from the people much lesse with the Soveraignty which they now Tyrannically usurpe The Kings Soveraignty over Parliament and people copiously proved King Charles his Title to the Crown of England To him only belongeth the Militia the power of chusing Judges Privy Counsellors and other great Officers c. He is head in Ecclesiastical causes and our sole Legislator Our Ancestors alwayes found and accounted Monarchy to be the best of Governments and most profitable for us yet these 40 or 50. Tyrants contrary to all Antiquity and common sense and feeling sit and vote Monarchy dangerous and burthensome That all persons put to death since the murther of Charles the Martyr by the power of our new States-men have been murthered and their Judges Murtherers and so it will continue until they receive their power and authority from Charles the 2d and that we shall never enjoy peace or plenty until our King be restored to his Kingdoms which a pack of Tyrants and Traytors not the People keep from him How the Law abhorreth to offer violence to the King and how these Rebels transgresse all Laws both of God and Man to uphold themselves in their unparallel'd Villanies A History which commandeth the serious contemplation of our age and worthy of the observation of all the people in the World and of all future Generations not that they might imitate but detest and loath these Perfidious and Rebellious transactions Perlege deinde scies HAving sufficiently prov'd out of our Law books that by the Common Law of the Realm the King hath the Soveraign power over Parliament and People and ought not to be questioned for his actions by any of his Subjects taken either distributively or collectively in one intire body because he hath no Superiour on Earth but God Almighty Let us now take a brief view of the Statutes and Acts of Parliament which have from Age to Age confirmed what I have said as an undoubted inviolable and indisputable truth And since there are those amongst us who talk much of a power in the Parliament as they call the two Houses which they pretend to be above and Superiour to the King Let us examine what this high and mighty Creature is whence and when it had its original what is its true natural and legal power and of what persons it doth consist The Kings high Court of Parliament consisteth of the Kings Majesty sitting there as in his Royal politick capacity and of the three Estates of the Realm viz. 1 Of the Lords spiritual Arch-Bishops and Bishops being in number 24 who sit there by succession in respect of their Counties or Baronies parcell of their Bishopricks which they hold also in their politick capacity 2. The Lords temporal Dukes Marquesses Earls Viscounts and Barons who sit there by reason of their Dignities which they hold by descent or creation being in number 106. And every one of these when the King vouchsafeth to hold a Parliament hath a Writ of Summons The third Estate is the Commons of the Realm which are divided into three parts viz. into Knights of Shires or Counties Citizens out of Cities and Burgesses out of Borroughs All which the King commandeth his Sheriffs to cause to come to his Parliament being respectively Elected by the Shires or Counties Cities and Burroughs and in number 493. It is called Parliament because every Member of the Court should sincerely and discreetly Parler la ment for the general good of the Common-wealth This Court of Parliament is the most high and absolute the supremest and most antient in the Realm it Maketh Enlargeth Diminisheth Abrogateth Repealeth and Reviveth Laws Statutes Acts and Ordinances concerning matters Ecclesiastical Capital Criminal Common Civil Martial Maritine c. to be short so transcendent is the power and jurisdiction of the Parliament as it cannot be confined either for Causes or Persons within any bounds Of this Court it is truly said Si antiquitatem spectes est vetustissima si dignitatem est honoratissima si jurisdictionem est capacissima Yet notwithstanding this Almighty power as I may say of the Parliament do but cut off the Kings head or any ways take away the King and it is nothing Then a petty Court of Pypowders hath more power and jurisdiction than that The King is the Soul of the Parliament and without him it is but Putre Cadaver a stinking Carcasse for as my Lord Coke observeth of this Court the King is Caput principium et finis And it is a baser and more odious part then the Rump of a Parliament which wanteth all these and as in a natural body when all the Sinews being joyned in the head do joyn their forces together for the strengthening of the body
own again which these most unjustly keep from him We cannot serve God and Mammon both at one time Good and evil cannot stand both together If the King come in and rule these men must fall If we serve the King as we ought we cannot serve these at all If God re-establisheth his Anointed Lucifer must call down his Children wickednesse must be abolished when righteousnesse takes place therefore the Gaolers of the Liberty of England must down when Charles the Second our only lawfull Soveraign is restored to his Crown and Kingdome Which they very well know therefore they would fain keep as long as they can their Empire which cost them their Souls and Reputation But let us return to our King When the Conquerour came in He got by right of Conquest all the Land of the Realm into his own hands the whole Kingdom was his direct and proper inheritance in demeasn so that no man can at this day make any greater title than from the Conquest to any Lands in England for the King being owner and sole Lord of the whole Land and the People therein did as he lawfully might dispose of the Land and people according to his will and pleasure he gave out of his hands what Lands he pleased to what persons he pleased and reserved what tenures and services he pleased So that in the Law of England we have not properly Allodium that is any Subjects Land that is not holden We all hold our Lands mediately or immediately of the Crown neither have we any right to our Lands any longer than we are faithfull and loyal to the King who first gave us them upon that condition for by the Laws of the Realm if we take up arms against the King imagine his death or commit any other offence which is high Treason we forfeit our estates to the King so that they return from whence they were first derived the greatest and highest title or property which a Subject hath to his Lands is Quod talisseisitus fuit in dominico suo ut de feodo Now though this word Feodum doth as Littleton teacheth legally signify inheritance and so Feodum Simplex signifieth a lawfull or pure inheritance yet it is apparently manifest that Feodum is a derived right and doth import with it a trust to be performed which trust broken forfeiteth the Estate to the King who only hath as Camden observeth Directum imperium cujus nullus est Author nisi Deus For all the Lands within this Realm were originally derived from the Crown and therefore the King is Soveraign Lord or Lord Paramount either mediate or immediate of all and every parcel of Land within the Realm 18 E. 3.35.44 E. 3.5 48 E 3.9.8 H. 7.12 Therefore though in other places he which findeth a piece of Land that no other possesseth or hath title unto entreth into it gaineth a property by his entry yet in England property to Land cannot be gained any such way for the Subject can have no property but what was first by the Kings grant therefore those Lands are still appropriated to the Crown which the King did not give away to his Subjects as if Land be left by the Sea this Land belongeth to the King and not to him that hath the Lands next adjoyning or to any other but the King Caelum Caeli Domino terram autem dedit filiis hominum All the whole Heavens are the Lords the Earth hath he given to the Children of men for which he only reserved their service as an acknowledgement of his bounteous liberality so the whole Kingdom is the Kings but the Land therein he hath given to his Children the people for which he only reserved their allegiance and service as a remembrance and recognition of his Royal bounty in which reservation the King as my Lord Bacon writeth had four institutions exceeding politick and suitable to the State of a Conquerour First Seeing his people to be part Normans and part Saxons the Normans he brought with him the Saxons he found here he bent himself to conjoyn them by Mariages in Amity and for that purpose ordains that if those of his Nobles Knights and Gentlemen to whom he gave great rewards of lands should dye leaving their Heir within Age a Male within 21 and a Female within 14 years and unmaryed then the King should have the bestowing of such Heirs in Mariage in such a Family and to such persons as he should think meet which interest of Mariage went still imployed and doth at this day in every Tenure called Knights service The Second was to the end that his people should be still conserved in Warlik exercises and able for his defence when therefore he gave any good portion of Lands that might make the party of Abilities or strength he withall reserved this service That that party and his Heirs having such lands should keep a Horse of service continually and serve upon him himself when the King went to Warrs or else having impediment to excuse his own person should find another to serve in his place which service of Horse and Man is a part of that Tenure called Knights service at this day But if the Tenant himself be an Infant the King is to hold this land himself untill he come to full Age finding him Meat Drink Apparel and other necessaries and finding a Horse and a Man with the overplus to serve in the Warrs as the Tenant himself should do if he were at full Age. But if this Inheritance descend upon a Woman that cannot serve by her Sex then the King is not to have the Lands she being 14. years of Age because she is then able to have an Husband that may do the service in person The Third institution that upon every gift of Land the King reserved a Vow and an Oath to bind the party to his Faith and Loyalty that Vow was called Homage the Oath of Fealty Homage is to be done kneeling holding his hands between the knees of the Lord saying in the French tongue I become your Man of Life and Limb and of earthly honour Fealty is to take an Oath upon a Book that he will be a faithful Tenant to the King and do his service and pay his Rents according to his Tenure The Fourth institution was that for Recognizance of the Kings bounty by every Heir succeeding his Ancestor in those Knight service lands the King should have Prâ—mer seisin of the lands which is one years profit of the lands and untill this be paid the King is to have possession of the land and then to restore it to the Heir which continueth at this day in use and is the very cause of suing livery and that as well where the Heir hath been in ward as otherwise Many other Tenures with services did the Conquerour institute as Grand Serjeanty Petit Serjeanty Tenure in Burgage Soccage Escuage c. which being holden of the King are called Tenures in capite which
sides and esteeming all men indiscreet who publickly own their King and therby incurr the displeasure of these domineering Tyrants But for my part I had rather be a Servant to God and my King than a Master amongst the unrighteous I am a Member of the body of the Common-wealth and therefore cannot see my head the King cut off without crying Lord have mercy upon us It is the duty of all his Subjects both with pens and hands to help their King out of the mire into which these Rebels have cast him not only the law of God but the law of the land injoyneth us thereto And I cannot see our Laws and Religion rooted up without groans and sighs It is no time to be silent when the fabrick wherein our whole treasure and happines consisteth is set on fire Neither can silence or innocence protect one from the unjust violence of these Wolves Sleeping or waking we are alwayes their prey Some of us they murther for our Estates some for their pleasure but all according to their wicked wills not law Therefore God knows whether I may be the next who must come to their pot Howsoever I had rather be taken doing God my King and my Country service than in a drowsie Lethargy I commit my Soul and Body to the protection of the Almighty who dorh not let a sparrow fall to the ground without his divine providence therefore will not let me fall into the power of their lust without his permission The King fell and why should not I The Lords will be done who when he hath corrected his Children will burn the rod. They can destroy only my Body him only will I fear who can destroy both Body and Soul Give Cerberus a sop cryes some men and speak fairly to the Monster now in power But it is but to go into Hell Therefore I will neither flatter nor dissemble with them Not to speak of the Modesty of the House of Commons in former Ages scarce adventuring to doe what they might for fear they should arrogate too much As in 21 Ed. 3. When their advice was required concerning the prosecution of a Warr with France They answered That their humble desire of the King was that he would be advised therein by the Lords being of more experience than themselves in such affairs The like president of their Modesty may you find in the 6 R. 2. and in the 3 E. 3. They disclaimed to have Cognisance of such matters as the Guarding of the Seas and Marches of the Kingdom We may conclude that unlesse it be the property of the Servant to command and the Master to obey or of the Souldiers to march before their Captain that the King hath the supreme power and is the sole Legislator not the House of Commons For the King representeth God the Commons only the ignoble People As for both Houses joyntly together they are no Court at all therefore can have no thoughts of having the Legislative power And as the two Houses have no power but what the King bestoweth on them so neither have they any title of honour and dignity but by the Kings gift For as all the lands in England and all power and authority is derived from the Crown So by the laws of England all the degrees of Nobilitie and Honour are derived from the King the Fountain of Honour and Majesty it self 4. Inst 363. What then have the two Houses joyntly or the House of Commons singly the Soveraign power because they have none but what the King giveth them Have they the Majesty because they have no honour or dignity but by the Kings gift Surely this is all the reason The King made the Lords not the Lords the King a Peasant to day may be a Lord to morrow if the King pleaseth and is the Pesant therefore the Kings master surely no it is the King who createth Barons and so maketh them capable to sit in the House of Peers but they are made but Peers not Kings nay they are but Peers of the Realm not of the King They are under not above the King For sunt alii Potentes sub Rege qui dicuntur Barones hoc est robur belli saith Bracton l. 1. c. 8. Though they are Potentes yet they are sub rege As for the House of Commons they are so far from being our keepers or the masters of our King and kingdom that there is not a Noble man amongst them They receive their being from the breath of the Kings Writ and having their being in a collective body they are but the Lower House whose name importeth subjection But if the Commons when they sit in the House have the Soveraign power where was it before their Sessions and where is it when they are dissolved What doth it hang in the Clouds and drop on them when they sit and dissolve like the Snow with the VVinter when the King dissolveth them Soveraignty is permanent and always continueth waking The House of Commons are and they are not according to the Kings pleasure he assembles and dissolves them at his will And what doth the Soveraign power sleep or die during their interregnum one would think it belonged to the King because he never dieth O ridiculous Commons I am weary of their absurdity in claiming the Soveraignty But as once it was demanded of an Oraaor speaking very much in the commendation of Hercules Quis vituperavit So it may be demanded of me treating of the Kings Soveraignty who hath brought arguments against it Truly for my part I never saw any reasonable argument against it many cavils but no reasons Evasions are the best proofs used by the Anti-Royalists And when they shift a Question with forein matter or a forein meaning They think they have not only made a good answer but also proved the point in question to be on their side As when our Books say Every man in the kingdom is under the King but the King is under none but God They answer the meaning of the book is That every single man in the kingdom is under the King but not the whole people collectively for they are above the King Just as if the Book should say every man in the world is under the Heavens but the Heavens are under none but God And they should answer to evade it The meaning of the Book is That every single man is under the Heavens but not the whole body of the people for they are above the Heavens O miserable invention such absurdities are most of their Arguments Therefore we may conclude that since Club-Law set them above reason it must be Club-Law which must pull them down Let the Sword argue them out of the Kings possessions which they have gotten by Rebellion and it will be easie then to convince them that Rebellion against the King is unlawful Had the King had no Revenues he had still injoyed his Crown It is the profit which maketh King-killing honest
And it is the sweetnesse of the Bishops Lands which makes the Office of a Bishop so bitter and odious to our new States-men The Law would have them ejected from their ill gotten Fortune and Estates therefore they persecute the Law as their utter Enemy And say that they will have it no more coached in the City of London but carted in the Country amongst the Swains But they must likewise send the City with it into the Country otherwise the Body will dye when the Soul departeth and the City will perish when the Law and its Retinue bid it farewell As Histories both forein and domestique antient and modern and the whole Accademy of the Common Law so it is apparent by many Records and Judgements in Parliament And both the Lords and Commons in divers Acts of Parliament through many successions of Ages have declared that the King of England is Monarcha Imperator in regno suo a Monarch and Emperour in his Realm above all the people in his kingdom and inferiour to none on Earth but only the Almighty holding his Crown and Royal dignity immediately of God and of none else By the Statute of 28 H. 8. ca. 2. enacted in Ireland it is declared that the Kings of England are Lawful Kings and Emperours of the said Realm of England and of this Land of Ireland So by the Act of 16 R. 2. ca. 5. It is declared That the Crown of England hath been so free at all times that it hath been in no earthly subjection but immediately subject to God in all things touching the Regality of the same Crown and to none other And what is the House of Commons a God if they are but men the Crown is not subject to them for the Statute telleth you it is in no Earthly subjection But perhaps they are Devils neither will that serve their turn for as it appeareth by the Act The Crown is immediately subject to God and to none other So by the Statute of 24 H. 8. cap. 12. it is declared Where by divers sundry old authentick Histories and Chronicles it is manifestly declared and expressed That this Realm of England is an Empire and so hath been accepted in the World Governed by one Supreme Head and King having the Dignity and Royal Estate of the imperial Crown of the same unto whom a body politick compact of all sorts and degrees of people divided in terms and by names of Spiritualty and Temporalty been bounden and ought to bear next God a natural and humble obedience he being also institute and furnished by the goodnesse and sufferance of Almighty God with plenary whole and entire power pre-eminence authority prerogative and Jurisdiction to render and yield justice and final determination to all manner of Folk and Subjects within his Realm and in aâ— causes matters and debates whatsoever Behold here and consider the Judgement of the whole people both Lords and Commons Who can contradict what they said None but the Antipodes of our Age who contradict all Truth Justice Law and Honesty I heard it affirmed that they were about to explode out of the new Testament the 13th Chapter of the Romans and other Texts in Scripture which commanded subjection to Kings Truly I believe they did not want knavery but only conveniency to effect it If the Bible had had but one Head off it had went as sure as the Kings In the Statute of 1 Eli. cap. 1. and in several other Acts of Parliamenâ— the Crown of England is called an Imperial Crown and the Parliament the Kings hâ—gh Court And that you may see that the Murtherers of Charls the Martyr pretended to want water when they were in the Sea read the Act of Parliament 1 Ia. cap. 1. wherein the Lords and Commons made this joyfull Recognition viz. Albeit We your Majesties loyal and faithfull Subjects of all Estates and Degrees with all possible and publick joy and acclamation by open proclamations within few hours after the decease of our late Soveraign Queen we declared with one full voice of tongue and heart your Majesty to be our only lawfull and rightfull Liege-Lord and Soveraign yet as we cannot do it too often or enough so it cannot be more fit than in this high Court of Parliament where the whole Kingdom in person or by Representatives is present upon the knees of our hearts to agnize our most constant faith obedience and loyalty to your Majesty and your Royal Progeny humbly beseeching it may be as a memorial to all Posterity recorded in Parliament and enacted by the same that we being bounden thereunto by the Laws of God and Man do recognize and acknowledg that immediately upon the death of Queen Elizabeth the imperial Crown of this Realm did by inherent birth-right and lawfull and undoubted succession descend and come to your Majesty and that by lawfull right and descent under one imperial Crown your Majesty is of England Scotland France and Ireland the most potent and mighty King and thereunto we most humbly and faithfully submit and oblige our selves our heirs and posterities for ever untill the last drop of our bloods be spent and beseech your Majesty to accept the same as the first fruits of our loyalty to your Majesty and Royal Progeny and Posterity for ever Which if your Majesty will adorn with your royal assent without which it neither can be compleat and perfect nor remain to all Posterity we shall adde this to the rest of your Majesties inestimable benefits But now Tiber runs backwards and the Moon giveth light unto the Sun the Servant ruleth the Master and the Peasant is mightier and greater than the King Nay in stead of walking on our feet as our fore-Fathers did we walk upon our heads and as for the old paths where is the good way we will not walk therein Our Ancestors have attested the Kings Soveraignity with their lives and sacred oaths but we attest the contrary so that if we of this age are not our Ancestors of all ages past were ignorant perjured fools Our Fathers as you see in the fore-going Statute did humbly submit and oblige themselves and us their heirs and Posterity to be constant and faithfull in subjection to the King and his Royal Progeny But we undutyfull to our Parents as well as Rebellious to our King oblige our selves and bind our souls with many sacred oaths to expell him from his Crown rob him of his Revenews and extirpate his Royal Progeny being constant and faithfull to nothing but our own lusts and ambition They would spend their bloods to maintain and defend the King but we spend both our bloods and Estates to offend and destroy him They esteemed their Act void and imperfect without the Royal assent But we esteem and vote the Royal assent void imperfect and uselesse But wherefore do I say we Lay the saddle on the right horse It was neither Lords nor Commons Parliament nor people who perpetrated all these villanies
but it was fifty or sixty rotten tainted Members of the lower House small in number but great in transgression So may the Tayl nay a piece of the Tayl destroy the whole body and reign sole Lord Paramount Oh what multitudes of impieties can the wicked accomplish in an instant Seneca Nullum ad nocendum tempus angustum est malis In no longer space than betwixt the Father and the Son did these Horse-Leaches subvert our fundamental Government destroy King and Kingdom Parliament and People and all our Laws and Religion so that the question is not whether the Parliament be above the King but whether a little company of great Traytors and Usurpers the Dregs and Lees of all Tyranny be above both King and Parliament For the Parliament as you see by the joyfull recognition made to King James c. enacted and most humbly acknowledged the King to be above both Parliament and People and the Crown to be hereditary to the King and his Royal Progeny but these men and only these who by violence make themselves above both King and Parliament defending their persons from the Justice of the Law with Armed Red-Coats and the greatness of their villanies These are they who deny it though the Laws of the Realm and all Histories and all Kingdoms teach them otherwise God calleth himself a King in several places of the Scripture to note and signifie his Soveraignity which surely he would not do was the King the Peoples vassal or under Officer as the Bedlam franticks of our age feign Thou art my King O God saith David Command delâ—verance for Jacob. The King and the Power to command are Individua He is a Clout no King which cannot command And who should be under his command What The People taken particularly and distributively as single men and not collectively as the whole Kingdom according to the fanatick opinion of our Lunaticks Why is he not then called King of single men If he be King of a Kingdom then all the People jointly or severally in his Kingdom are under his command and if under his command then he only hath power to give them Laws be they in one collective body as in Parliament at the Kings house or simple bodies at their private dwellings Le Roy fait les leix avec le Consent du Seigneurs et Communs et non pas les Seigneuns et Communs avec le consent du Roy is the voice of the Common Law The King makes Laws in Parliament with the consent of the Lords and Commons and not the Lords and Commons with the consent of the King Virg. 7 Eneid Hoc Priami gestamen erat cum jura vocatis More daret Populis And 5 Eneid Gaudet regno Trojanus Arestes Indicitque forum patribus dat jura vocatis The Lords and Commons have power only to propound and advise it is only the Kings Le roy le veult which makes the Law their propositions and advice signifie nothing if the King saith Le Roy se avisera They have not power to grant him any subsidies untill the King saith Le Roy remercieses loyaulx et ainsi le veult Therefore much less the Soveraignity It would be strange if the assembling of the Subjects together should make them Masters over the King who gave them power to assemble and hath power to turn them home again when he pleaseth Legum ac edictorum probatio aut publicatio quae in curia vel Senatu fieri solet non arguit imperii majestatem in Senatu vel curia inesse saith Bodin de Rep. li. 1. ca. 8. The publishing and approbation of Laws and Edicts which is made ordinarily in the Court of Parliament proves not the Majesty of the State to be in the said Court or Parliament It is the Kings Scepter which giveth force to the Law and we have no Law but what is his Will The King surely would never call his Subjects to bind him with Laws against his will much lesse to take his Dominion from him and make himself a Vassal and Officer to his two Houses or either of them who were not capable themselves of any Office without his Gift and Licence The Kings of England have called many Parliaments yet the Government hath alwayes continued Monarchical and the King not under but above the people inferior only to God even Forein Polititians will tell you so Let famous Bodin who tanketh our Kings amongst the absolute Monarchs speak for all lib. 1. cap. 8. Habere quidem Ordines Anglorum authoritatem quandam jura vero Majestatis imperji summam in unius Principis arbitrio versari The States saith he of England have a kind of authority but all the rights of Soveraignty and command in chief are at the will and pleasure of the Prince alone Learned Cambden in his Britannia fo 163. teacheth us As touching the division of our Common wealth it consisteth of a King or Monarch Noblemen or Gentry Citizens freeborn whow we call Yeomen and Artisans or Handicrafts-men The King whom our Ancestors the English Saxons called Coning and Gining in which name is implyed a signification both of power and skill and we name contractly King hath Soveraign power and absolute command among us neither holdeth he his Empire in Vassalage nor receiveth his investure or enstalling of another ne yet acknowledgeth any superiour but God alone Now if Reason and the Judgement of our Ancestors would satisfie our frenzy upstarts what greater authority would they have But that they are troubled with so many visions and false revelations of their own I would commend to them a true vision in the Reign of Edward the Confessor viz. One being very inquisitive and musing what should become of the Crown and Kingdom after King Edwards death the blood Royal being almost extinguished he had a strange vision and heard a voyce which forbade him to be inquisitive of such matters resounding in his ears The Kingdom of England belongeth to God himself who will provide it a King at his pleasure But now forsooth it belongeth to the people and they will provide it a King at their pleasure It is the people now which make the King if so why ever had we any Kingdoms why were they not called Peopledoms The Kings of England with them of France Jerusalem Naples and afterwards Scotland were antiently the only anointed Kings of Christendom And as the Kings in Scripture as Asia Jehoshaphat Hezechiah c. so the Kings of England have alwayes had the supremacy in Ecclesiastical causes Reges sacro oleo uncti sunt capaces spiritualis jurisdictionis 33 Ed. 3. Rex est persona mixta cum Sacerdote habet ecclesiasticam et spiritualem jurisdictionem 10 H. 7.18 And although Kings ought not to be Ministers of the Chutch so as to dispense the word and Sacraments For No man taketh this honour unto himself but he that is called of God as was Aaron Hebrews 5.4 Yet since they
time hunted the distressed King and his Royal party pretending to be set on only by their Master Rebels the Commons but it seems they had a game to play of their own which on the sixth of December 1648. they begun to shew And therefore when the Trayterous Commons had obtained what they could ask or desire of their Soveraign then their Prisoner at the Isle of Wight being such Concessions which never any King before him granted nor Subjects ever demanded So that shame compelled them to vote them satisfactory Then the bloody Souldiers thinking themselves lost if the King and Parliament should find a peace went up to the House of Commons and by force kept out and imprisoned those who voted the Kings Concessions satisfactory which the militant Saints pleased to call purging of the House so that body is purged which hath poyson left in it and nutriment taken out of it by the purge yet this purge would not do the Lords must be turned out too and only 40. or fifty packt Members of the House of Commons who had sworn to be as very if not worse Knaves than the wicked Souldiers would have them to be were only left in the House who presently took upon them what power their own lusts could desire or the over-ruling Sword help them to Murthered the King and the chiefest of the Royal Party and yet to colour their Tyranny caâ—led themselves a Parliament by which name blowing up King Lords Spiritual and Temporal and all our Lawes and Religion with them they still Domineer and Rule over us yet not so but that the Army Rule them as the Wind doth a weather-cock turning them which way and how they please sometimes up and sometimes down and no doubt but that shortly they will be cast down for altogether for the wicked shall not last but vanish as a shadow Blessed art thou O Lord when thy King is the Son of Nobles Eccles 10.17 But alas Servants have ruled over us and there is none that doth deliver us out of their hands Lamen 5.8 The Crown is fallen from our head Wo unto us that we have sinned Verse 16. For now they shall say we have no King because we feared not the Lord What then should a King do unto us Hosea 10.3 ENGLANDS CONFUSION OR A True Relation of the topsy turvy Governments in mutable England since the Reign of Charls the Martyr The Tyranny of the Rump further manifested And that we shall never have any setled State untill Charls the second whose right it is injoy the Crown Though frantick Fortune in a merriment hath set the Heels above the Head and gave the Scepter unto the Shrubs who being proud of their new got honour have jarred one against the other during the Interregnum Yet Charls the second shall put a period to this Tragedy and settle our vexed Government which hath changed oftner in twelve years than all the Governments in the whole world besides Oh the heavy Judgment when Subjects take upon them to correct their King AS a distracted Ship whose Pilate the rageâ—ng violence of a tempestuous storm hath cast down headlong from the stern staggereth too and fro amongst the unquiet waves of the rough Ocean somtimes clashing against the proud surly Rocks and somtimes reeling up and down the smoother waters now threatening present Shipwrack and Destruction by â—nd by promising â— seeming safety and secure arrival yet never setled fast nor absolutely tending to the quiet and desired Haven So the vexed Government of frantick England ever since the furious madnesse of a few turbulent Spirits beheaded our King and Kingdom threw down Charls the Martyr our only lawfull Governour from the stern of Government and took it into their unskilfull and unlawfull hands it hath been tossed up and down somtimes falling amongst the lawless Souldiers as a Lamb amongst Wolves or as a glass upon stones and somtimes happening amongst Tyrants calling themselves a Parliament who are so much worse than the Souldiers by how much wickednesse covered with a colour of Justice is worse and more dangerous than naked villanies Yet in all our Revolutions although many gaps have been laid open that way hath not the Government steered its course directly to Charls the second it s only proper right and quiet Haven to which until it come we must never expect to have the Ship of our Common-wealth so secure but that Tempests and Storms will still molest and trouble if not totally ruine it Though it stand so fast one day that it seemeth impossible for humane strength to remove it yet the next day it moultereth away to nothing I vouch every mans experience to warrant this truth And were not our blind Sodomites intoxicated with Senselesse as well as Lawlesse Counsels They would never gape after preferment nor hope for continuance in their imaginary Commonwealth where the greatest one hour is made least the next and they themselves swallow up each the other never having rest or peace no not in their own House And can this divided Monster which is the cause of all our divisions cloze up our divisions and settle our Nation in peace and happinesse 'T is madnesse to think it So fire may quench fire and the Devil who was the first Author of wickedness put an end to all wickedness Examine the condition of the times since the Reign of Charls the first and you may see what times we shall have until the Reign of Charls the second Tyranny and Usurpation Beggery and Slavery Warrs and Murthers Subversion of our Laws and Religions changing the Riders but we must alwayes be the Asses Hunger and Famine Guns and Swords Drums and Trumpets Robberies and Thieveries Fornication and Adultery Brick without Straw Taxes although no bread These must be the voices which will alwayes sound in our Ears untill we cast off this old man of Sin viz. The Long called Parliament and submit as we ought to Charls the second our only lawfull King VVe may read of many Kings who have been suddainly killed by the rash violence of an indiscreet multitude who in the heat of Blood do that which they repent of all their life after mad Fury being the only cause of their unjust Actings But to commit sin with reason and piety to kill their King with discretion formally and solemnly is such a premeditated Murther that the Sun never saw until these Sons of perdition brought it to light For a long time before the fact they machinated and plotted the Kings death and contrived how they might with the best colour and shew of Justice effect it At length as if their Votes were more authentique than all Srcipture they passed amongst others this Vote Die Jovis Jan. 4. 1648. viz. That the People under God were the original of all just power This was the foundation upon which the superstructure of all their murthers and villanies which they call just Judgments were built which granted it consequently followeth that all
and lawful for the King alone to command money and assistance of his subjects to subdue the Rebels and oppose a forein Navy who are coming to destroy and swallow up both King and people Surely none but a mad-man will deny but that it is most lawful just and the only safety of the people and their estates Indeed as it is the best way for a thief to binde the honest man he doth intend to robb so it is the safest and best way for that Parliament who do intend to murther the King and take away all that he hath to binde the King as fast as they can to take away his Negative voice and all his just praerogatives to make all his legal power whereby he might withstand their violence illegal Nay it is their best way to tye the King up from his meat to make him stand for a Cypher a meer nothing that so they being the predominant figures may chop off his head or do what they list with him as did the long Parliament who from trespass to high Treason against God and the King have omitted no offence undone But their soundest Doctrine will prove but Apochrypha to all honest Parliaments I do confesse that except it be in cases of necessity the King can lay no tallage upon the people without their consent in Parliament and so not shipmoney which in truth is condemned by the Statutes of 25 E. 1 34 E. 1. de Tallagio non concedendo Dangelit Englishty because the King hath restrained his power by his Statutes But if the King could not tax the people with shipmony and other impositions in extraoâ—dinary cases of necessity aa when a forein Enemy doth suddenly invade the Land being invited in by a prevalent faction in a refractory Parliament who would ruine themselves and the whole Kingdom so that they might ruine their King and fulfill their wicked wills who will not grant shipmoney or any thing else to the King lest he should be provided to oppose them and defend himself and the people in safety I say that if in this and such like cases the King may not lawfully lay tallages on the people and command their assistance I had rather be a slave than a King and should account my self the Vassal of the people not their King But in truth the King cannot denude himself of this power nor by any Statute or Law tye himself from it For it is inseparable from the Crown Et quod sceptro inhaeret non potest tolli nisi sublato sceptro And therefore cannot be taken from the King unless the Crown with it which rule the long Parliament have truly verifyed For when they had taken away his chiefest praerogative they could not forbear but presently took off his Crown from his head and then his head from his shoulders Sic transit gloria mundi (e) Aposiopesis est * Omnibus esse Lupos licet in regione Lupoporum Gal. 2.18 If I build again the things which I destroyed I make my self a transgressour * The strifes and divisions now amongst the Rebels do further the Kings Restauration to his own of which they robbed him Vid. Epist 2 part of Soveraign power Inde illis potestas unde spiritus Tertul Apol. pa. 6.5 Co. Lit. 1.12 l. 7.20 4 Inst 1. 1 Inst 110 Bodin de Rep. l. c. 8. Camden in Britan. descript Mat. 26.34 Luke 22 3 4 5 6. Ovem in fronte vulpem in corde gerentes The Nobles which were faithfull to the King they called Evil Counsellers Witness their Oath of Supremacy Dangerous and useless only to their villany Witnesse all their actions Bodin li. 2. ca. 5. King Charles his title had been good to the Crown of England though he had borrowed no part of this Claim from the Conquerour See reverend Heylin's life of King Charles Co. Lit. 1. Who then ought to have the Militia but the King Co. Lit. 108. Co. Lit. 64. Mr. Howels Philanglus â— Inst 25. Summum jus summa injuria Decl. of the Treaty p. 15. 4 Inst 9. Yet forsooth these the Lowest set up the Highest Court viz. The high Court of Justice So Servants may set up a high Court to try and condemn their Mastets Asperius nihil est humili cum suâ—git in altum 4 Inst 11. 5 Eli. ca 1. 4 Inst 8. 4 Inst 2. They are dead Members who do not Davis Irish Rep. so 90. Jer. 6.16 Psal 10.16 29.10.47.2.7.44 4. Cambdens Remains See 2 Chro. 15 17 29 30 31. Isa 49.23 Teste Anglia Bract. fo 1. Justin Institutes Fleta Davis Irish Reports fo 58. Fitz. n. 6.113.233 Calvins case so 7. 19 E. 4.46.22 E. 4. 25 E. 3.2 Leges Auredi ca. 4. Co. Lib. 4.124 See 3 Inst pag. 4. and 6. The People declare for a free Parliament but these Rebels only for themselves Read his incomparable heavenly Book which will make thee weep for our loss but rejoice and admire at his piety Luk. 11.18 See their charge against him Vulgarly called the Secluded Members So he which playeth at Knave out of doors getteth the Knave to beat all the rest of the Cards Our Soveraign Charls must be no King because pious but Oliver must be a King because a Rebel Oh the mystery of their iniquiâ—yâ— Though the Kings Nobility might not yet Cromwels might be a House of Peers Tristius haud illis monstrum nec saevior ulla Pestis ira Deum Slyâ—iis sese extulit undis What pretty names these State Thieys have for their Robberies and Tyranny viz. The titular Parliament Alas not for so good a use I commend you to the History of Independency 11th of February 1659. Cressa ne careat pulchra dies aota Brave for thieves if they might qualifie their Judges But I think they can scarce pick out men enough in England to fill up the House who will admit of their wicked Qualifications To be short saith Comines in mine opinion of all the Seigneuries in the world that I know the Realm of England is the Countrey where the Commonwealth is best governed the people least oppressed and the fewest buildings and houses destroyed in Civil war and alwayes the lot of misfortune falleth upon them that be the Authors of the war Magnae discordia pereunt concordiavalent You may guesse with what a countenance the Rump looked upon them Episcopacy was a bulwork against Popery and other factions Therfore the Papists and the Factions did batter down that to make way for their Sects which they call liberty of conscience (a) Rex (b) O Cromwel (c) Ironice [a] The King O. Cromwel c. Ironice
the power which they then and now exercise over these three Kingdoms is unjust and Tyrannical because not derived from the People There are no Representatives amongst them for Scotland nor Ireland nor the greatest part of England neither did they ever receive any power at all from the People of either England Scotland or Ireland and now all the People publiquely declare against them as the greatest Usurpers and Tyrants in the world yet contrary to all the Peoples wills they sit and Rule and will admit of no Member of the Peoples chusing to come amongst them unless they first qualifie and fit him for their own purpose therefore it plainly appeareth that this Vote that the People had the supreme power under God was but a meer juggle to gull the people and to bring their wicked designs to passe So that as A whip for the Horse or a bridle for the Asse have the People made of this quondam Parliament a rod for their fools-backs Pro. 26.3 The King being murthered by these Tyrants and all our Laws and Religion totally subverted a time wherin every one did what was right in his own eys Oliver Cromwel who for his excellency in wickedness and villanies was made General of the long called Parliaments unjust Forces the twentieth of April 1653. entred the House attended with some of the chief Commanders of his Army and delivering his reasons to them in a Speech why he came to put a period to their siting as judging it a thing much conducing to the publick wellfare of the Nation dissolved them And why might not he turn out them by force who by force had already turned out the King Lords and all the Commons besides themselves Surely if he had taken and hanged them all it would have been a glorious Act pleasing to God and the whole people and a Cordial to heal the miseries of our long-distressed Nation But his ambition was to make himself Great not to give relief and take away the Tyranny therfore he summoned a certain select number of his own creatures to appear at Westminster on the fourth of July next which he called a Parliament and none could deny but that they had the Soveraign power because Cromwel said so yet not so but that he made them resign up their power to him and make him the Lord protect us Lord Protector not a King because a King might do nothing but by Law but the Protector did nothing but according to his will and pleasure yet in this were we happy that in his reign one Tyrant Lorded it over us but in the long Parliaments many It is worth the observation that notwithstanding a Parliament had newly abrogated the very name and being of a King as dangerous and burthensom to the Common-wealth yet a Parliament summoned by Cromwel in July 1656. to meet on the 17 of September Petitioned and made many humble addresses to Cromwel that he would take Kingship upon him and be anointed King which old Nolls mouth watered at yet because some things did not fall out according to his expectation he declined it and refused to be what he eagerly though not openly persued Cromwel likewise created a House of Lords which was called the other House but the high aspiring thoughts of this turbulent Scorpion were at length blown down and extinguished by a high and mighty wondrous and unparalleld wind which out raunted Old Nol and whirried his black Soul down ad inferos So that after this storm we had a Calm and as the Sheep are at quiet ease when the bloody Woolf forsakes them so the People did rejoice and solace their hearts when this Tyrant made his Exit yet no sooner were we rid of this crafty Knave the Father but we were troubled with a simple Fool his Son Richard his eldest Son was proclamed by the new Courtiers and Army-Officers Lord Protector of England Scotland and Ireland and so tumble down Dick thought to have risen and Reigned in his Fathers room But a Fools bolt is soon shot Richard was quickly up quickly down No sooner had he called a Parliament but the Souldiers who feared that his Parliament should be honest and disband them as the only instruments to execute all Villanies went to the Mushroom Protector and by dnresse made him dissolve the Parliament and divest himself of all his Power and Authority And in this respect it is better to be a Knave than a Fool For crafty Noll kept the rude Souldiers in due obedience But simple Dick let them be his Masters whereas he might easily have made them and the whole people have been his Servants to this day When Richard was dismounted the Souldiers could not well tell where to hang the Government to secure them in their Rebellion and Roguery At last they pitcht upon the old rotten Rump viz. the fagg end of a worn-out perjured Parliament who had formerly dissolved themselves witnesse the Entry in their own Journal Book April 20.1653 although they pretend to be interrupted by Cromwells force So these Knaves the worst of Tyrants cemented together again like a Snakes tail and for colour called themselves the Revivers of the Good Old Cause and were as busie as if they had had another King and 3. Kingdoms to destroy So these infamous wicked Traytors returned to their wickedness as a Dog to his vomit to the great grief and grievance of all sorts of People in the Land who groaned and murmâ—red as if they were entering into a far worse than Egyptian bondage and Slavery under these task-masters To say that the people not they had the Soveraign power was now high Treason although they themselves had voted so formerly and to talk of a Free Parliament the antient birthright of the people as they themselves likewise formerly affirmed was now made a greater offence than Crimen lae sae Majestatis These Custodes filled all the Prisons in the Kingdom with those persons who desited a Free Parliament and in that respect they may be called The Keepers of our Liberty as Gaolers do Thieves in Chains or as the Cage doth Birds in grates For they keep us so much from our Free Liberty to do well that they will not so much as give us leave to speak or think well But there is no peace with the wicked when these Tyrants had beaten down Sir George Booth and other Assertors of a Free Parliament and made themselves as secure as Force and Violence could make them One Lambert a Chip of the old Block newly made General of their Forces displaced the Rump and with his Souldiers inhibited their usuped sitting which made the whole people not only rejoyce inwardly but break out in open laughter for joy But nullum commodum sine incommodo there is no pleasure without a displeasure No sooner did the Rump leave riding of us but up gets the Committee of Safety into the Saddle who made account that they were so absolutely our Masters as