was condemned repented themselves saying We have sinned in that we have betrayed Innocent blood and were all of them ready to hang themselves But it was not out of any love or allegiance they did bear to the King but because they could not have those ends upon the King which they intended They would have had the King buckled to their bent and it grieved them to see the Independents c. out-knave them foâ— the greatest part of the religion of these factions consists in their animosities one against the other not only the Presbyterians but also the Independents Anabaptists c. are both almost and altogether such as the proud Pharisees were Therefore their greatest care and study is to domineer and master it one over the other which makes the prevalent faction alwayes outragious and that which sinketh alwayes envious So that the Presbyterian being at this time undermost he would fain insinuate himself into the favour of the honest Royalist and because he hath not force to be so much Knave as he would be therefore he is compelled to be honest against his will and would have his injured King to rule over him again But get thee behind me Dagon what hast thou to do with peace Didst thou not in thy youthfull age revile thy Innocent King with thy mouth and persecute him with thy bloudy hand and wouldst thou now in thy old age serve him Thy service is Hypocrisie and thy words but the vapours of a deceitfull head Let the Presbyterians rigid actions judge the rigid Presbyterians Having related of what persons the Parliament doth consist viz. of the King above all and the three Estates sharing no more with the King in the Soveraignity than the body doth with the head and how King Charles the first was most traiterously murthered by those who have the impudence to call themselves a Parliament though in truth they are nothing else but a den of Tyrannical Traytors and Rebels I will further proceed to explicate the Soveraignity of the King and the legal power of the three Estates with their first institution and creation Sapiens omnia agit cum consilio saith Solomon a wise man doth nothing without counsel Pro. 13.16 Therefore the King of England Ex mero motu et speciali gratia out of his meer good-will and special favour hath vouchsafed his Subjects that honour as to make them his Counsellours not only concerning Ardua Regni but also arcana imperii even in his most privie affairs wherefore As my Lord Cook observeth the King is armed with diverse Councills one whereof is called Commune Concilium and that is the Court of Parliament and another is called Magnum Concilium this is somtimes applyed to the upper House of Parliament and somtimes out of Parliament time to the Peers of the Realm Lords of Parliament who are called Magnum Concilium Regis Thirdly as every man knoweth the King hath a privie Council for matters of State The fourth Council of the King are his Judgâ—s of the Law for Law matters as appeareth in our Law-Books This word Parliament was never used in England untiâ—l the time of William the Conquerour who first brought it in with him For as King David called a Parliament when he intended to build an house for the name of the Lord 1 Chro. 28. and assembled all the Princes of Israel the Princes of the Tribes and the Captains of the Companies that ministred unto the King by course and the Captains over the thousands and Captaines over the hundreds and the Stewards over all the substance and possession of the King and of his Sons with the Officers and with the mighty men and with all the valiant men unto Jerusalem And when they were assembled the King himself shewed the cause of calling that Parliament for then David the King stood up upon his feet and said Hear me my Brethren and my People as for me I had in my heart to build and House of rest for the Ark of the Covenant of the Lord and for the footstool of our God and had made ready for the building c. Whereupon all the people offered their Gold and Silver willingly towards the work which made the People and David their King rejoice exceedingly with great joy as you may there read So the Kings of England from the beginning in all extraordinary cases when they intended to make new Laws or abolish old have always convoked an assembly of their Subjects what persons and of what number they thought fit Not because they could not do what they pleased without their Subjects consent but because their Subjects best knowing what shooes would fit their own feet might as they often did by Petitions humbly supplicate his Majesty to grant what they shewed him was most convenient and necessary for them by their requests which he refused or granted at his pleasure Which Councils and Conventions they called Witenage Mote Conventus sapientium Michael Smoth Michael Gemote c. that is to say the great Court or meeting of the King To which the King convened only the Nobles and Bishops The Rustick Commons were not then admitted into the presence of the King And doubtlesse they had then small hopes and lesse thoughts that they should ever take the Regal Diadem from off their Soveraigns head and become Lords Paramount ruling both King and People by no other Law than Hoc volo sic Jubeo stat pro ratione voluntas by their own lusts and unstable except to do mischief wills But I have seen servants upon Horses and Princes walking as Servants upon the Earth saith Solomon And pray who hath not seen as much as Solomon of this For behold Tinkers Taylors Spicket and Fosset makers and those who were Servants even to the basest of the people having murthered their Soveraign Lord the King doe take possession of his sacred Patrinomy and now sit Lords over all ruling and domineering in his Palace at Westminster Feign that the people did intrust the King with his Royal Office yet why should it escheat to these Hypocrites why not to the people And if his Office with the Lands which he held Jure Coronae yet by what Law do they seise upon those Lands which he held in his natural Capacity and those Lands which he purchased For if a man forfeit an Office he only forfeiteth those Lands which belonged to the Office But if all his Lands escheat by what Law do they detain and keep the Queens Dower from her By what Law did I say By that Law whereby they subdue all things to themselves to wit their own wicked Appetites Ambition and Covetousnesse which is all the Law they can shew for any of their Actions to which we must be Slaves so long as they command over us Pro. 30.21 For three things saith Solomon the earth is disquieted and for four which it cannot bear For a Servant when he reigneth and a Fool when he is filled with meat For and
appoinâ— him Captains over thousands and Captains oveâ— fifties So 11 Sam. 12.29 David gathered aâ— the people together and went to Rabbath and foughâ— against it and took it But why do I cite David Had not all the Kings in the Scripture nay havâ— not all the Kings in the world the chief poweâ— over their Militia Surely nothing is more certain otherwise what difference would there be between the King and Subject Militarem autem prudentiam ante omnia necessariam Ego Principi assero adeo ut sine ea vix Princeps Quomodo enim aliter se tueatuâ— sua ac suos saith Justus Lipsius No Militia no King For how can he defend himself and Kingdome without it The Puppy dogs would master the Lyon were it not for his pawes the cowardly Owles would conquer the Eagle if he had no talons and the King would be a laughing stock both at home and abroad were it not for the sword which God not the people hath girded to his side The King beareth not the sword in vain saith St. Paul Rom. 13.4 But surely he would bear it in vain had he not power of himself to draw it or sheath it but when the people pleased he would be but a poor revenger to execute Gods wrath had the people as our Novists feign not he the sole disposing of the Militia Unges eum ducem 1 Sam. 9.16 Thou shalt annoint him to be captain over my people Which shewes the Kings right to the Militia being Captain over his people Unum est Regi inexpugnabile munimentum amor civium I must confesse the Citizens and Peoples love is the best fortresse and bulwork for Kings but Charity growes cold Loyal love and Citizens are not alwayes companions whole Cities nay whole Countries may prove perfidious to their King and whilst the King dischargeth the office of a loving father his people may turn Traytors and rebell against his goodnesse Therefore it is good walking with a horse in ones hand and ever safest for Princes even in the greatest peace to have a well-disciplin'd Militia in a readinesse for the affection of the people like the wind is never constant In Rege qui recte regit necessaria sunt duo haec arma videlicet leges quibus utrumque tempus bellorum pacis recte possit gubernari utrumque enim istorum alterius indiget auxilio quo tam res militaris possit esse in tuto quà m ipsae leges usu armorum praesidio possint esse servatae Si autem arma defecerinâ— contra hostes rebelles indomitos sic erit regnum indefensum si autem leges sic exterminabitur justitia nec erit qui justum faciat judicium The Law and Arms are so necessary and requisite in a King that without both he can have neither for how could he execute and maintain his lawes withouâ— arms and how could he levy war without lawes to direct and guide his Arms He could neither proclaim war nor make leagues or peace without them The King is Custos totius Regni and by law ought to defend and save hiâ— Realm But surely he would bâ— but a poor keeper if the peoplâ— had power to keep his weapon from him at their pleasure Custodes libertatis Angliae The Keepers of our liberty could not keep it from us without the force of the Militia and how should the King maintain his Realm in peace and defend our lives liberties and estates from the forein and domestick Tyranny of Traytors and Rebels had he not the sole power and strength of Arms The Subjects of England are bound by their liegeance to go with the King c. in his wars as well within his Realms as without as appeareth by the Statute of 2 Ed. 6. cap. 11. and by a Statute made 11 H. 7. c. 1. The Lords and Commons assembled in Parliament declare it to be the duty and allegiance of the Subjects of England not only to serve their Prince and Soveraign Lord for the time being in warres but to enter and abide in service in battel and that both in defence of the King and land against every rebellion power and might reared against him But wherefore should I make my self ridiculous in attempting to prove that which no age hath denied It hath been the Custome of all Kingdoms the practice of all times and the Common Law of the Realm of England ever since it was a Realm that the power of the Militia did alwayes belong unto the King nay it is proper to him quarto modo he hath an inherent and inalienable right to it Which right hath been declared and affirmed by many Acts of Parliament in all succession of ages which in a case so clear need not to be recited It belongs to the King only to make leagues with forein Princes 2 H. 5. ca. And as it is resolved in our Law Books if all the people of England should break the league made with a foâ—eâ—n Prince without the Kings consent yet the league holds and is not broken Nay so farr are the People or House of Lords or Commons from having the power of the Militia that as you may read the expresse words 3 Inst pa. 9. If any levy Warr to expulse strangers to deliver men out of Prisons to remove Counsellors or against any Statute or to any other end pretending Reformation of their own heads without Warrant it is high Treason For no Subject can levy Warr within the Realm without Authority from the King for to him it only belongeth O then admire at the impiousnesse and impudence of the long called Parliament who murthered their King for committing Treason against them whereas by the Laws of the Land they were the only Traytors against him So may the offender punish the offended for the offence which he himself committed and so may the Prisoner condemn and execute the Judge for the Crime whereof himself is only guilty The only reason why they demanded the Militia of the King and said that it only belonged to them was not because the King ought not to have it for they well knew that by the Law of all Ages it did only belong to him and not to them But how then could they carry on and accomplish their wicked design of Murthering him if they still let his Sword hang by his side Therefore they first laid hold on that and wrested the Militia out of his hands arguing that it did not belong to the King but to them So Murtherers may say that the Sword of him whom they intend to murther doth not belong to the owner but to them to the end they may with the more ease and safeguard perpetrate their wickedness And that they might have a shadow to hide all their filthynesse They first got several Counties to Petition for the Militia which they afterwards took by violence nay they themselves did first Petition the King for it So sturdy Beggars first beg
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
take it for a curse or do things worse Some would have children those that have them mone or wish them gone What is it then to have or have no wife But single thraldome or a double strife Our own affections still at home to please is a disease To crosse the sea to any forein soil perils and toil Wars with their noise affright us when they ceasâ— we are worse in peace What then remains but that we still should cry Not to be born or being born to die The King of Englands Soveraignty proved and approved by the Common Law to be above both Parliament and people inferiour to none on earth but God Almighty and that neither the people of England nor any other his Subjects either distributively or collectively in one intire body ought to call the King in question for his actions though they be never so wicked The sweet harmony and concordance of the Law of God and the Law of the Realm in maintaining the Royal Prerogative of our Soveraign manifested The Kings Coronation is onely a Ceremony no part of his Title How the Changeling Statesmen of our times who will not endure that the King should have Soveraignty over them his vassals make themselves absolute Kings over the Scripture and Law books and make the Law and the Gospel speak in what sense their wicked wills and lusts vouchsafe Resistance of the power unlawfull The Subjects duty to their Soveraign Their Reward and remedy if they be punished wrongfully Reverend Bracton cleared from Mr. Pryns false aspersions Mr. Pryns Character his Book entitled the Soverâ—ign Power of Parliaments and Kingdomes arraigned convicted and condemned and his confident averment therein That it was not Saint Pauls nor the Holy Ghosts meaning to inhibit defensive wars of the Subjects against their King proved to be Apocriphal and that Saint Paul like an honest man spoke what he meant when he said Let every soul be subject to the higher powers though Mr. Pryn would have his words and his meaning two things How Mr. Pryn worshipped the long Parliament heretofore as a Sacred Deity when it acted wickedly and now despiseth it as idolatry and an Advertisement to him to write a book of Retractations To go about to prove that the King of England c. hath the Supreme power over the Parliament and people deserveth as much derision as to go about to prove that the Sun shineth at noon day or that the heavens are above the earth yet since there are those amongst us who like the Sodomites grope for light in the clearest day and have the iâ—pudence to publish for truth that which their conscience telleth them is false I will give you a tast of our Lord the Kings Soveraignty which lieth dispersed and scattered about in our Law books Jus Câ—ronae The Law of the Crown is the principal part of the Laws of this Realm Co. Lit. 11.b. 15. b 344. a 25 E. 3 cap. 1. Register inter jura Regia 61 c. For since the Common Law of the Land is common usage expressed in our books of Law and judicial Records Co. Lit. 344 a. Plowden 195. Finch 77a. The Government of this Kingdome by a Royal Soveraign is become a Fundamental Law being as antient as history it self and used from the time whereof the memory of antiquity is not to the contrary And since that the ligeance faith obedience of the Subject is due unto the King by the Law of nature Co. l. 6. fol. 12. as well before as after the municipal and Judicial Laws were made our Law-books like faithfull Subjects being the Magazine of law from their Alpha to Omega could preach no other Doctrine than Allegeance faith and due obedience to their Soveraign the King whom they all confesse and testifie to be the Supreme lord and head of the Common-wealth immediately under God above all persons in all causes Finch in French fol. 20. in English 81. Co. lib. 2.15 Le Roy est caput salus Reipublicae à capite bona valetudo tranfit in omnes lib. 4.124 the King is the fountain of Justice tranquillity and repose Plowden 242. Therefore Nil desperandum Rege duce Auspice Rege Nothing can come amisse to us the King being our guide and Soveraign Reges sacro aleo uncti spiritualis jurisdictionis sunt capaces Kings being the Lords Anointed are nursing Fathers to our Church The King of England est Monarcha Imperator in Regno suo Davis Irish reports fol. 60. the Almighty hath said that they are gods and our common laws of England being founded on the laws of God do likewise attribute to them a shadow of the Divine excellencies viz. VVingates Maxim fol. 301. 1 Divine perfection 2 Infinitenesse 3. Majesty 4 Soveraignty 5. perpetuity 6. Justice 7. Truth 8 Omniscienc Of which I have already treated Nay as God is a King in Heaven so the King is stiled a God upon Earth Finch 81. He is the Head Father Physician and husband of the Common-wealth He is Gods Lieutenant Deputy Vicegerent receiving his Commission from God not from the people These are the titles which the Common Laws of England give to the King A Divine sentence is in the lips of the King his mouth transgresseth not in judgement Prov. 16.10 saith Gods word Therefore the Law receiveth it for a Maxim That the King can do no wrong Co. Lit. f. 19. He is Rex gratia Dei non populi King by the grace of God not of the people The most high ruleth in the Kingdom of men and giveth it to whomsoever he will Dan. 4.17 Therfore all the Lands and Tenements in England in the hands of Subjects are holden mediately or immediately of the King but the King is Tenant to none but God 8 H. 7 12. Co. Lit. 1. For Praedium Domini Regis est Directum Dominium cujus nullus author est nisi Deus Only God is the author and Donor of the Kings Dominions Therefore the possessions of the King are called sacra Patrimonia Dominica Coronae Regis The King is the Lords anointed 1 Sam. 10.1 Therefore the Law giveth reverence to his Person and maketh him supreme in Ecclesiastical causes The villain of a Lord in the presence of the King cannot be seized because the presence of the King is a protection to the villain for that time 27 ass Pla. 49. Is it fit to say to a King thou art wicked and to Princes ye are ungodly Job 34.18 Therefore no Civil much lesse Criminal action lyeth against the King if he doth unjustly the only remedie against the King is by petition and supplication for who shall command the King Stamford Praer fol. 5. Bracton fol. 5. Flera fol. 17. Finch 13. The Prerogative which the Common-law giveth the King is so large as Sir Henry Finch saith that you shall find that to be law almost in every case of the King that is law in no case of the Subject Finch fol. 85.
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
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
are called of God to be Kings as his Vicegerents they have power to look to and have a care of the Church that the word be preached and the Sacraments administred by fit persons and in a right manner else how should Kings be Nursing Fathers to the Church had they not a Fatherly power over it Therefore many Acts of Parliament in several Kings Reigns and the whole Current of Law Books resolve and affirm the King to be head and have Supreme Jurisdiction in Ecclesiastical causes In the first year of Edward the sixth a Statute was made That all Authority and Jurisdiction both Spiritual and Temporal is derived from the King So in the Reign of Edward the Confessor was this Law ca. 17. The King who is the Vicar of the highest King is ordained to this end that he should Govern and Rule the Kingdom and People of the Land and above all things the Holy Church and that he defend the same from wrong doers and destroy and root out workers of mischief But since Reverend Coke in the fifth part of his Reports De jure Regis Ecclesiastico hath with luculent examples and impregnable lawes made it so clear that no man can gainsay it that the King ought and the Kings of England ever since before the Conquest until the Reign of Queen Elizabeth at which time he writ have had the supreme power and jurisdiction in all Spiritual and Ecclesiastical causes I referre you to his Book only reciting part of his conclusion viz. Thus hath it appeared as well by the antient Common Lawes of this Realm by the Resolutions and Judgments of the Judges and Sages of the Lawes of England in all succession of ages as by authority of many Acts of Parliament antient and of later times that the Kingdome of England is an absolute Monarchy and that the King is the only supreme Governour as well over Ecclesiastical persons and in Ecclesiastical causes as temporal within this Realm And in another places fo 8. he saith And therefore by the antient Lawes of this Realm this Kingdome of England is an absolute Empire and Monarchy consisting of one head which is the King and of a body politick compact and compounded of many and almost infinite several and yet well agreeing Members All which the law divideth into two several parts that is to say the Clergy and the Laity both of them next and immediately under God subject and obedient to the head Also the Kingly head of this politick body is instituted and furnished with plenary and intire power prerogative and jurisdiction to render justice and right to every part and member of this body of what estate degree or calling soever in all causes Ecclesiastical or Temporal otherwise he should not be a head of the whole body Now he that looketh upon these Authorities and yet saith that the King is not above both Parliament and people nor hath soveraign power over them will likewise look upon the sun in the Heavens and yet say that it is not above but below the earth and when he is in the midst of the sea say that there are no waters in the world If then the King hath the supreme power over Parliament and people as most certainly he hath how then could the Parliament or people much lesse sixty of them question or judge their King For no man can deny but that the greater power ought to correct and judge the lesser not the lesser the greater How could they did I say Why vi armis by violence and injury not by law So may I go and murther the King of Spain or the King of France and then tell them that their people have the supreme power over them The case is all one only these Rebels murthered their natural Father and King to whom nature and the Lawes of God and man had made them subjects but I should murther a forein King whom I ought not to touch he being the Lords annointed It is easie to prove the Soveraignty of the Kings of England by their Stiles unlesse our anti-monarchical Statists will say they nick named themselves Their several stiles since the Conquest you may see in the first part of my Lord Coke's Institutes Fo. 27. Therefore I will not trouble you with a recital of them as for the styles before the Conquest take one for all which you may find in the Preface of Co. li. 4. and in Davis his Irish reports Fo. 60. In a Charter made by Edgar one of the Saxon Monarchs of England before the Danish Kings viz. Altitonantis dei largiflua clementia qui est Rex Regum dominus dominantium Ego Edgarus Anglorum Basileus omniumque rerum Insularum Oceani quae Britanniam circumjacent cunctarumque Nationum quae infra eam includuntuâ— Imperator et dominus Gratias ago ipsi Deo omnipotenti Regi meo qui meum imperium sic ampliavit exaltavit super Regum patrum meorum Qui licet Monarchiam totius Angliae adepti sunt a tempore Athelstani qui primus Regum Anglorum omnes Nationes quae Britanniam incolunt sibi armis subegit nullus tamen eorum ultra fines imperium suum dilatare agressus est mihi tamen concessit propitia Divinitas cum Anglorum imperio omnia regna Insularum Oceani cum suis ferocissimis regibus usque Norvegiam maximamque partem Hiberniae cum sua nobilissima Civitate de Dublina Anglorum regno subjugare quos etiam omnes meis imperiis colla subdare dei favente gratia coegi By which you may observe the first Conquest of Ireland and that the Kings of England are Emperours and Monarchs in their Kingdom constituted only by God the King of Kings and Lord of Lords not by the people And so did many other Kings of England stile themselves as for example Etheldredus totius Albionis Dei Providentia Imperator and Edredus Magnae Britanniae Monarcha c. But that our preposterous Commonwealths men might make themselves most ridiculous as well as impious in all things they would argue the King out of his Militia and have him to be their Defender yet they would take away his sword from him O Childish foppery What a Warriour without arms a General without souldiers why not aâ— well a Speaker without a mouth such Drollerâ— was never heard of in the world until the Infatuation of these infandous Republicans hatcht it Nay but there shall be a King over us cryed the Israelites that we also might be like all the Nations and that our King may judge us and go out before us and fight our battels 1 Sam. 8.19 Anâ— what should he fight without the Militia should the King be over the people judge them and go out before them to battel yet ought the people tâ— have power to array arm and muster the souldierâ— at their pleasure ought they to appoint whaâ— Officers and Commanders they thought fit surely no For he will saith Samuel verse 12.
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 dy'd and rul'd and stunk agen Rebellion for a little moment shines But seldom with a brave applause declines 'T is only Truth and Loyalty can give Restoratives to make a Dead man live T. F. REPENTANCE FOR THE MURTHER OF Charles the Martyr AND The Restauration of Charles the II. is the only Balm to cure Englands Distractions 'T Is true our Nostrils lost their Breath What then ' Cause we sinn'd once shall 's ne're be good agen We murther'd Charles for which Infernal Kings With worse than Aegypt's Plagues have scourg'd our sins The Martyrs Goodnesse Angels cann't rehearse The Rebels baseness Devils cann't expresse Who in their Lower House have acted more Than Belzebub in Hell or th' Earth before And did not Charles the Son yet shine I 'de say That God of Nature and the World decay But God is God and Satan's Fraud we see Charles is our King and Rebels Rebels be Then since we ken a Traytor from a Saint Let 's be for God our King and Bel recant Hee 'l dry our Eyes and cure those Wounds which we Receiv'd i'â—h ' dark groping for Liberty For Liberty which kept us all in Fetters Slaves to the Rump and to the Rumps Abetters Who Freedom and Religion up cry'd When Freedom and Religion they destroy'd Who killed us with Plaisters and brought Hell For Paradice So Eve by th' Serpent fell Then if the death o' th' King caus'd all our woe The life o' th' King had sav'd us all men know Behold him in his Son whose splendid light Shall heal the darknesse of his Fathers night 'T is madnesse to use Candles in the day What need a Parl'ament when Charles le Roy Stands at the door and to us fain would bring Freedom and Laws instead of Rape and Sin The glory of a King is to command But Subjects shame to sit when he doth stand God save the King C. B. Never forget Reader That the Presbyters in their Almighty scotified nullified Solemn League and Covenant with their hands lifted up to the Most high God do swear That they will preserve and defend the Kings Majesty his Person and Authority And that they have no thoughts or intentions to diminish his Majesties just Power and Greatnesse Yet they do also there swear that they will extirpate Episcopacy although so to do is contrary to the Kings Will Laws Command Safety Greatnesse and Authority As if his Majesty had no just Power but what their Faction vouchsafed and pleased to think fit On the late MIRACVLOVS REVOLVTIONS IN ENGLAND c. THree Kingdoms like one Ship a long time lay Black tempest-proof upon a troubled Sea Bandy'd from wave to wave from rock to sand A prey to Pyrats from a forein Land Expos'd to all the injuries of Fate All the Reproaches of a Bedlam-State The brave Sayles torn the Main-mast cut in sunder Destruction from above and ruine under Once the base rout of Saylors try'd to steer The giddy Vessel but thence could appear Nothing but mad Confusion Then came One He sate at Helm and his Dominion Frightned the blustring Billows for a while And made their Fury counterfeit a smile Then for a time the Bottom seem'd to play I' th' wonted Chanel and the beaten way Yet floated still The Rabble snatch't again It's mannagement but all alas in vain No Anchor fixt no wished shâ—ar appears No Haven after these distracted years But when the lawfull Pilot shall direct Our wav'ring Course and Heav'n shall Him protect The Storms shall laugh the Windes rejoyce thereat And then our Ark shall find an Ararat T. F. THE HISTORY of PHAETON Being only a Flourish or Praeludium to the sulsequent more solid discourse Wherein implicitly the temerarious appetite of Subjects to their dread Soveraigns Crown is refuted and condemned The gracious Concessions unparalleled goodness and fatherly indulgence of our late King to his over-bold Subjects manifested and the sad effects of usurpation laid open with the Traytors Epitaph Phoebus representing the King and Phaeton the hare-brained people Eloquar an Sileam timor hoc pudor impedit illud Shall I speak or hold my Peace How shall we sing the Lords song in a strange Land And how shall I hold that which is not to be found WHen rash Phaeton being mounted on the soaring wings of arrogance and presumption attempted the Kingly Government of his royal Fathers Chariot fit for none but such powerful and well-instructed Monarch as himâ—lf For Ovid. lib. 2. Non est tua tuta voluntas Magna petis Phaeton quae non viribus istis Munera conveniunt nec tam puerilibus annis Sors tua mortalis non est mortale quod optas Plus etiam quam quod superis contingere fas est Nescius affectas placeat sibi quisque licebit Non tamen ignifero quisquam consistere in axe Me valet excepto Vusti quoque Rector Olympi Qui fera terribili jaculatur fulmina dextra Non agit hos curros Et quid Jove majus habetur Thy wish is naught What 's so desir'd by thee Can neither with thy strength nor youth agree Too great intentions set thy thoughts on fire Thou mortal dost no mortal thing desire Through ignorance affecting more than they Dare undertake who in Olympus sway Though each himself approve except me none Is able to supply my burning Throne Not that dread Thunderer who rules above Can drive these wheels and who more great than Jove Thou seekest after that which humane power neither can nor ought for to atchieve Thou art ignorant of my power and too much presuming on thine own I am no Officer of trust deputed by the common rout but hold my jurisdiction from above It is not for Mortals to aspire and foolishly to covet such sacred things There iâ— none but I capable of this dignity It is I that aâ— the anointed and crowned King by caelestial decree and therefore am not to be dethroned by terrestial innovation At tu funesti ne sim tibi muneris auctor Nate cave dum resque sinit tua corrige vota Then lest my bounty which would save should kill Beware and whilest thou maist reform thy will Be wise my Son in time and lest thou prove a felo de se banish from thy thoughts this desperate and fond appetite of thine to take my princely reigns of Government into thine unadvised hands Non honor est paenam Phaeton pro munere poscis It is not honour but disgrace and thy utter ruin which thou so greedily huntest after Scilicet ut nostro genitum te sanguine credas Pignora certa petis do pignora certa timendo Et patrio pater esse metu probor aspice vultus Ecce meos utinamque oculos in pectore posses Inserere patrias intus deprendere curas Denique quicquid habet dives circumspiee mundus Deque tot ac tantis caeli terraeque marisque Posce bonis aliquid nullam patiere repulsam Deprecor hoc unum quod vero
ab eventu facta notanda putat The Authors Resolution and Reason to write The wickedness of the times Wherein men will have no King unless they may be Kings themselves nor no Bishops only because they are not Bishops Tyrants and Traytors reign by force Kings by the love of the people The definition of a Commonwealths-man with all his properties and the deceitfulness of a Parliament be it long or short Englands degeneration and the death of the Laws and Religion with an Incitation to solemnize the funeral NOw it is time to resolve the Quaere couchant in the Prologue Eloquar an sileam timor hoc pudor impedit illud Whether I should speak or be silent When I consider the perills of the times wherein no man can speak his own conscience without offending those who will give him blows for words Then Timor hoc But Jam tua res agitur paries cum proximus ardet when I see my neighbour his house on fire and my own next to it when all men are asleep in sin and none to awake them Then pudor impedit illud For Non mihi si centum linguae sint oraque Centum Omnia culparum percurrere nomina possum If I had a thousand tongues and so many mouths I could not vilify our iron age according to its deserts Me thinks as if souls according to Phythagoras his opinion descented from one man to another I see those ancient Tyrants or their black souls in worser images acting their bloudy parts upon the stage of the world and sounding out their hellish edicts Here is Caius Caesar Caligula with his detestable motto in his mouth Oderint dum metuant Let them hate me so they fear me He forced parents to be present at the execution of their own children and after he had well drunk and eaten took pleasure to cast his friends into the Sea from on high from a bridge which he built He wished that his people had but one neck that he might chop them off at a blow vox Carnifice quam Imperatore dignior A Speech fitter for an Hangman than an Emperour When a prisoner being fearfull of the cruel Torments with which the Emperour would murder him had taken poyson to prevent him What sayes he Antidotum adversus Caesarem Is there any Antidote against Caesar How many poor innocents being condemned to dreadful deaths by the Tyrants of our age have poysened themselves to prevent their undesetved punishments And when his Grand-mother Antonia seemed to give him some admonition Memento ait omnia mihi in omnes licere I would have you to know saith he That I can do any thing a true Character of a Tyrant for what will not hee do But doubtless the love of the people is the best guard for a King Magnum Satellitium Amor. And that which ones natural lawfull Soveraign would most look after For â—num est regi inexpugnabile munimentum amor Civium It is not fear and force nor Troops of Dragoons and Red-coats that are the surest holds for Governours but the benevolence hearts and love of their subjects Caesar dando sublevando ignoscendo gloriam adeptus est Rulers have no greater enemy than the fear and envy of the people For Quem metuunt oderunt Quem quisque odit periisse expedit Whom we fear we hate and whom we hate we study and desire his death But behold Aulus Vitellius Bonus odor hostis melior civis occisi An enemy slain hath a very good smell but a Cittizen far better O black abominable Tragical and Tyrannical speech And did not our age swarm with such horse-leaches we should never suck the blood one of another so as we do But that you may hate the very name of Tyrants and abhor their actions Hearken a little to Flavius Vespasianus and his Councel how impiously they consulted and first Vespasian Lucri bonus odor ex re qualibet It is gain which makes the smell so good for a slain Citizen or enemy No actions so hellish if it produce profit but that it is a virtue to attempt it and the reason is Omnis in ferro salus because all our hope and health is in the sword for whilest we have that in our hands what law or Religion dares oppose us no disputant like the sword Exeat aula qui volet esse pius virtus summa potestas non coeunt semper metuunt quem save pudebunt Let him depart from our Courts and Counsel who is so simple that he must neeâ— be pious Godliness is a great hinderance to oâ— profession and he is a Coward who is ashamed to act wickedly Sibi bonus aliis malus saith an other He is a fool who thinks that any one can lose so he gets Let us be good to our selves and all is well There be some simple innocents who cry Melius mori quam sibi vivere It is better to dye than to live only for our selves But if such be their Doctrine let them get for others for us if they please and starve themselves Let us carve for ourselves Proximus ipse mihi Charity begins at home and he is an Ass that carrieth a burden for another Others there be of the same stamp and both alike simple who say Dulce est pro patria mori It is sweet to dye for ones Country let such good natured fools tast of that sweetness and dye for their Country our lives are sweet and not so to be fooled away It is sweet for our Country to dye for us But Pestis reipublicae literae saith another of the Counsel we shall never carry on our affairs handsomely so long as we have so many Lawyers and Gospel men amongst us the highest step to our promotion will be to lay them on their backs and I think the nearest way to dispel the cloud of black Coats will be to throw down their Universites and take their tithes and lands away from then As for the Lawyers perhaps we may bribe them but if not I am sure they will rather turn than burn To what we cannot perswade them with our tongues we will compel them to with our swords For Law Learning and Religion are as so many plagues and poysons tâ— Commonwealth And Qui nescit dissimulare nescit imperare He that cannot dissemble shall be no Commonwealths-man for to tell you the truth Dissimulation cogging and lying is the foundation of our government and if the foundation be taken away every one knows the superstructure cannot stand Therefore to deal plainly with the world let us cover our worst actions with the best pretences and ravish the people with the pleasing and specious names of Liberty and Religion when we intend the extirpation of both Let us imitate Tereus who so neatly dissembled piety that when he acted most against it the people did Saint him Ipso sceleris molimine Tereus Creditur esse pius And doubtless he was no mean Cowmonwealths-man Let us hold a fair correspondence
politick in which he may purchase to him and his heirs Kings of England or to him and his Successors Yet both bodies make but one indivisible body Plowden 213.233.242 li. 7.12 6. Justice The King can do no wrong Therefore cannot be a disseisor He is all Justice Veritas Justitia saith Bracton circa solium ejus They are the two Supporters that do uphold his Crown he is Medicus regni Pater patriae sponsus Regni qui per annulum is espoused to his Realm at his Coronation he is Gods Lieutenant and is not able to do an unjust thing 4 Ed. 4.25 5 Ed. 4.29 Potentia injuriae est impotentia naturae His Ministers may offend and therefore are to be punished if the Laws are violated but not he 7. Truth The King shall never be estopped Judgement finall in a writ of right shall not conclude him 18 E. 3.38 20 E. 3. Fitz. Droit 15. 8. Omniscience When the King licenceth expresly to aliente an Abbot c. which is in Mortmain he needs not make any Non obstante of the Statutes of Mortmain For it is apparent to be granted in Mortmain And the King is the head of the Law and therefore shall not be intended misconusant of the Law For Praesumitur Rex habere omnia jura in scrinio pectoris sui 1 Jnst 99. And therefore ought to have a Negative voice in Parliament For he is the fountain of justice from whence the Law floweth 8. The Opinion of the two Spencers in Ed. 2. Who held that the oath of allegiance was more by reason of the Kings Crown that is his politick capacity than by reason of his person Is a most detestable excreable damnable and damned invention 7 Rep. fo 11. Calvins case 9. High Treason can be committed against none but the King neither is any thing high Treason but what is declared so to be by the Statute 25 Ed. 3. c. 21. To leavy war against the King to compass or imagine his death or the death of his Queen or of his eldest Son to counterfeit his Money or his great Seal to imprison the King untill he agree to certain demands to leavy war to alter Religion or the Law to remove Counsellours by arms or the King from his Counsellours be they evil or good by arms to seize the Kings Forts Ports Magazine of war to depose the King or to adhere to any State within or without the Kingdome but the Kings Majesty is high Treason For which the Offendor should have judgement First to be drawn to the Gallows 2. There to be hanged by the neck and cut down alive 3. His Intralls to be taken out of his belly And he being alive to be burnt before him 4. That his head should be cut off 5. That his body should be cut in four parts and 6. That his head and his quarters should be put where the Lord the King pleaseth 10. Treason doth ever produce fatal destruction to the Offender either in body or soul sometimes in both and he never attains to his desired end 3 Par. Jnst pag. 36. Peruse over all Books Records and Histories and you shall finde a Principle in Law a Rule in Reason and a tryal in experience that Treason doth ever produce fatal and final destruction to the Offender and never attains to the desired end two incidents inseparable thereunto and therefore let all men abandon it as the Poysonons bait of the Devil and follow the precept in holy Scripture Serve God Honour the King and have no company with the seditions 11. That Kings have been deposed by their Subjects is no argument or ground that we may depose ours A facto ad jus non valet argumentum Because Children have murdered their own fathers is no warrant for us to murder ours Judas betrayed his Soveraign yet should not we follow his example unless we strive for his reward There was never King deposed but in tumultuous and mad times and by might not by right 12. The King is Principium caput finis Parliamenti the begining head and end of a Parliament The body makes not the head nor that which is posterior that which is prior Kings were before Parliaments There were not in England any formed bodyes called the two Houses of Parliament untill above 200. years after the Norman Conquest 13. The King of England is armed with diverse Counsels one whereof is called Commune consilium the Common counsel and that is the Court of Parliament and so it is legally called in writs and judicial proceedings Commune Consilium Regni Angliae Consilium non est praeceptum Consiliarii non sunt praeceptores It is not the office or duty of a Counseller to command and make precepts but only to advise 14. The King is the fountain of justice and the life of the Law The two Houses frame the body the King giveth the soul for without him it is but a dead carcase And Si componere magnis Parva mihi fas est If I may compare small things with great As in a bond though one find paper and another write it yet if the obligor do not seal and deliver it it is nugatory and no obligation So if the King assent not to an act of the two Houses it is void and no Statute It is the royal Scepter which gives it the force of a Law Witnesse the whole Academy of the Law perspicua vera noâ— sunt probanda It would be foolish to light the Sun with Candles 15. Originally The King did make new Laws and abrogate old without the assâ—nt of any known body oâ— assembly of his Subjects But afterwards by his gracious goodnesse perceiving that his people could best know their own soars and so consequently apply the most convenient remedy he vouchsafed so much to restrain his power that he would no make any Law concerning them without their assent For at the first Populus nullis legibus tenebatu sed arbitria regum pro legibus erant Which truth iâ— so clear that it shines almost in every History The oldest and best stile of an act of Parliament is Be it enacted by the Kings Majesty with the assent of the Lords Spiritual and Temporal and the Commons c. which proves where the virtual power is 16. The Commons have no Authority but by the Writ of Summons That Writ gives them no power to make new Lawes but onely to do and consent to such things which shall happen to be ordained by Common Counsel there in Parliament which are the words of the writ and all their Jurisdiction At a Conference the Commons are alwayes uncovered and stand bare when the Lords sit with their hats on which shews that they are not Colleagues in Judgement with the Lords Every Member of the House of Commons takes the oath of allegiance and supremacy before his admission in the House and should keep it too 17. It is Lex consuetudo Parliamenti The Law and Custome of a Parliament
instructions so he that denyeth this truth ought with the oratory of the sword and not of the mouth to be perswaded into his due obedience For it is an uncontrolable Maxim that he doth not honour and serve God as he should who doth not honour and serve his King as he ought God will not own him to be his subject who will not be a subject to his Soveraign the Lords anointed Therefore since by the Law of God for nothing is more frequently commanded in the Scripture and our Kings are of like institution with those Kings in Scripture and ought to have the same honour and obedience by the Law of Nature by the Law of Nations by the Common and Statute Law of England we are commanded to honour our King Let no man be so much an Enemy to God to Religion to his Country to the Church to the Law and to his own soul as to Rebel against his Legal Soveraign For he that doth it transgresseth against the ten Commandements of the Law the new Commandement of the Gospel he committeth the seaven deadly sins the four crying sins the three most detestable sins to the soul of man viz. Prophaness Impudency and Sacrilege In a word he committeth all sins is the Embleme of the Devil and unless he repent he will have his Lot with Belzebub the great Rebel and Traytor against Heaven If punishment cannot compel them me thinks the beauty of Monarchy might allure men to love it Surely there is no generous spirit who doth not for the most renowned and famous Nations in the World have lived under Monarchical Government as the Scythians Ethiopians Indians Assyrians Medes Egyptians Bactrians Armenians Macedonians Jews and Romans first and last and at this day the French Spaniards Polonians Danes Muscovites Tartars Turks Abissines Moors Agiamesques Zagathinians Cathaians yea and the Salvage people lately discovered in the West-Indies as being guided thereto by the rules of nature and rip up Antiquity and search Histories both antient and modern and thou shalt never finde our Realm of England so much an Enemy to virtue as to hate Royal Government until these latter and worst of dayes wherein it is accounted a sin to be noble and vertuous Nay so much did our Nation love Kings in former times that we had seaven of them in England at one and the same time viz. 1. The King of Kent 2. Of the South-Saxons 3. Of the West-Saxons 4. Of the East-Saxons 5. Of Northumberland 6. Of Mercia 7. Of the East-Angels which ruled and shined like the seaven Stars each absolutely reigning in his Country not under the subjection of other until at length by the Law of Conquest one became Monarch over all ruling like the Sun and acknowledging none on Earth his Superior so much that it is amongst us a common adage viz. The King holdeth of none but of God But it seems God hath now granted away the Seigniory to the House of Commons and the King must hold of them But from hence ariseth a point in Law whether they are absolutely and legally seized of the Seigniory without attornment of the tenant In my simple opinion the Seigniory doth not pass before attornment but I leave it as a quaere to the House of Commons who are best able to resolve it because they have all the Law in their own hands Non nostrum inter vos tantas componere lites From what hath been said it is apparent that Adam was the first King on Earth and that Kingdoms have been ever since Adam haereditary for a family which was before Commonwealth is nothing else but a small Kingdom and a great Kingdom is nothing else but a great family for the Pater familias were petite Kings and had royal power and potestatem vitae necis even over their own Children as Abraham and others But when the family increased and the numerous off-pring of their first parent multiplied built Villages Towns and Cities and so became a great people so long as their first parent lived their love and duty towards him would not permit them unnaturally to strive with him for the superiority but to acknowledge and obey him as their Soveraign and lawfull King from whence they had their being And this is the reason that Kings are called Patres Patriae Fathers of their Country Sal. 1. Inde enim origo regum regiique regiminis petenda est Haec cum primo homine cum solo novo cepit quoniam primum parentem numerosus ex eo descendens natorum qui ex â—is nati sunt populus pro rege habuit observavit ut primum sui generis auctorem So much for Monarchy the best of all Governments No man can serve two Masters for either he will hate the one and love the other or else he will hold to the one and despise the other ye cannot serve God and Mammon Math. 6.24 If any Anti-Royalist think himself wiser than our Saviour and that he can serve two Masters and love them both let him hate Monarchy and set up his two headed Master and let experience the mistris of fools correct him as it hath many already But since our age is given to nothing but vain imaginations there be some who do Imagine and will object that Adam was no King because he is not stiled so in Scripture I answer though this frivolous objection doth not deserve an answer that neither do you find Adam stiled in Scripture my Father or thy Father yet Adam was the Father of all flesh Si res apparet Cur de nomine certas He that hath the supreme power is a King But Adam had the supreme power Ergo Adam was a King Rex cometh from Regere to rule and Adam was sole Lord Ruler and King and so continued untill he died Adam was created by God the Monarch of the World before he had any subjects And by right of Nature it was due to Adam to govern his posterity even before his subjects were born So that though not in act yet in habit Adam was a king from his creation Neither could Eve nor her Children ever limit Adams power It was God that gave the power therefore no Mortals could ever diminish or increase it For Quid Jove majus habetur They must be above all that which is called godlinesse who go about to put asunder that which the Almighty hath joyned together This Paternal power continued Monarchical to the Floud and after the Floud to the Confusion of Babel at which time God scattered the people abroad from thence upon the face of the whole earth as you may read Gen. 10 11. Yet they went out by Colonies of whole families over which the prime Fathers had the Soveraignty and were kings deriving their Fatherly and Regal power from Noah whose Sons or Grand-children they were all And although I think there are but few Kings in the world who can prove their title to their Crown hereditary ever since Noahs
Floud or the Confusion of Babel yet it is as true that there is a Regal right continuing in the Father-hood even untill this day and that the next heir to Adam ought to have the Supreme power as it is true that the father hath right ought to govern his Children or as that it is a rule Qui prior est tempore potior est jure He that is eldest by Law ought to rule For God told Cain the eldest brother Gen. 4.7 That unto him should be the desire of his youngest brother and that he should rule over him which continueth a Law until this present time But though we know not which is the next heir to Adam in any convention of the people which is the fault of our ignorance not of nature yet since God hath told us in his Holy Word that he only disposeth of Crowns as he pleaseth Therefore they can not go out of the right line so long as he directeth and guideth them though the right in the Father-hood lye dormant Every King is a Father therefore every subject must be obedient to his fatherly power otherwise he will break Gods Commandment viz. Honour thy Father c. God only had right to give and take away Crowns and thereby to adopt subjects into the allegiance of another fatherly power Therefore no less false than execrable is their opinion who promulge that all men whereby nature born free from subjection and that they had no Governour but by the peoples assent and chusing when it is most apparent that God gave the Supreme power to Adam and that all men since were born subjects by nature Our Saviour was subject to his Parents will Luke 2.51 And doubtless those men are free from all goodness too who profess themselves born free from subjection to their Prince or their Ancestors before them But suppose all men were born free by nature and that the people originally by nature had power to chuse a King after what manner or how is it possible for them to make their choice it must be by the joint consent of every reasonable creature Male and Female Old and Young Babes and Antient men Sick and Lame all at one time Nemine Contradicente for if natural freedom be granted to all the Major part of the whole people in the world or the Major part of the people of a Kingdom have no power to binde the lesser part to their consent and agreement Every one being as free by birth and having as much power as any other For the Major part never bindeth but where men at first either agree to be so bound or where a higher power so commands Now there being no higher power than Nature but God himself where neither Nature nor God appoints the Major part to binde The consent of the Major part is not binding to any but only to themselves who consent Those who are born afterwards according to the tenets of natural freedome are not bound by their consent because by nature they are likewise born free But if it should be true as it is false that men are all free born by nature yet have not they power jointly or severally to alter the Law of nature Now by the Law of nature no man hath power to take away his own life How then can the people or any single man give that power to another which he hath not in himself If he killeth himself for any offence he is a murtherer Therefore if any man claiming no other power but what he hath from the people do take away the life of any man though in a way of publique justice he is a murtherer and the man so killed is a felo de se Because the man slain had no power to kill himself and so consequently he which killed him had no power neither For Nemo potest plus juris in alium transferre quam ipse habet No man can transfer to another a greater right and power than he himself hath Tyrants are either with a Tittle or without a Tittle Their qualities Kings have their power immediatly from God not from the People proved in Adam and by Gods own Word in several Texts of Scripture by the suffrages of the Fathers and other Writers and by the Lords Prayer and Doctrine The several sorts and degrees of power instituted by God and the Commission whereby God gave power to Adam The honour which God hath bestowed on Kings and his special care and owning them How Kings are said to be instituted immediatly by God The Israelites did not sin in desiring a King and his power and praerâ—gative set forth by the Prophet Samuel Saul was chosen for his virtues and was not vitious at his inanguration Proved from Adonijah and Solomon that God only maketh Kings not the People The Arrogance and presumption of the pragmatical People of England in claiming power to make and unmake Kings condemned who will have none Kings but themselves Monarchy the best of Governments LEt us now set upon this Monster a Tyrant who is either cum titulo vel sine titulo with a title or without a title A Tyrant cum titulo or Exercitio is he who being a legal Soveraign ruleth by his depraved will and treading under foot the Laws of God and his Realm enslaveth his free born subjects and useth their goods as his own A Tyrant sine Titulo is he who usurpeth the Soveraignty without the Authority of the Law and subverteth all Rights and Religion making what Laws he pleaseth or else squareth his actions according to the rule of the known Laws For he that hath no Title to the Soveraignty but usurpation is a Tyrant though he live so piously and religiously that to the world he seems a Saint Here I could willingly cast Anchor and stop the progress of my pen from sayling any further into this rough Ocean of Tyranny But when I see the Sword and Scripture so much at variance the one fighting against the other then am I forced to put this question Whether a lawful Soveraign perverting the Laws of God and man and metamorphosed into an absolute Tyrant may by his subjects be called in question and punished at their pleasure The Sword saith he may and proves it by experience The Scripture though not with so much violence yet with more Reason and Religion both saith and proves it that he may not Mulciber in Trojam pro Troja stabat Apollo For the better decision of which question it is first necessary to be known whether the institution of Kings be immediatly from God or whether they be creatures made by the people receiving their power from their subjects and so to be dethroned when they vouchsafe to think convenient For art thou only a stranger in England and hast not known the things which are come to pass there in these dayes That there are new Statesmen who have found out a new discovery and hold forth these Sophisms for true doctrin That Royal
authority is originally and radically in the people from them by consent derived to Kings immediately mediately only from God that the donation or collation of the power is from the Community the approbation only from God and that Soveraignty and power in a King is by conveyance from the people by a trust devolved upon him and that it is Conditional fiduciary and proportioned according as it pleaseth the Community to entrust more or lesse and to be weighed out ounce by ounce and that the King may be opposed and resisted by violence force and arms and the people resume their power which we deny and shall prove by the law of God of Nations of Nature of the Common and Statute law of England that the Royal power and Soveraignty of Kings is primarily formally and immediatly from God and that the people through pretence of Liberty Privilege Law Religion or what Colour soever ought not to oppose imprison resist much lesse Murther their King though he be wicked and subvert Law and Religion much lesse when he is pious upholdeth and maintaineth both First I conceive that there is no man so impudently wicked as to deny that there is a God who created all things Heaven and Earth Angels and Men the power of Angels and the power of Men there is one power of Angels and another of Men so there is a difference of powers amongst men the power of a King inferior to no power on earth but only Gods the power of the Subjects inferior to the power of the King the power of a Father over his Children and the power of a Husband over his Wife and so every power limitted by God and as one Star doth excel another in brightnesse so one power doth excel another in dignity and glory There is nothing more plain and evidently asserted in the Scripture than that Kingly power is the most Sacred Divine and glorious of all powers immediately from God peculiarly owned by him as a power wherin his Nature and Majesty is most manifested and as I have already shewed hath a shadow of all Divine Excellencies Man was made Gen. 1.26 and God said let us make man in our Image But man had no power or dominion untill God further said And let them have dominion over so that it is from hence most clear that man had no power or Soveraignty untill God gave it him and the first man to whom God gave it was Adam a King the sole Monarch of the world Then let not our new Sectaries fondly wickedly conceit that royal authority is originally and radically from them that it is by their consent immediatly derived from them to Kings Since the Kingly power office was before they were born or had any power from whence such authority could be derived By me Kings raign saith God not only particular Kings as Kings of the Jews c. but all Kings Prov. 85.1 Qui succedit in locum succedit in jus Therefore whosoever claim unto themselves that power which is universally and perpetually peculiar unto the God of all power do Blaspheme and rob God of his honour and what lyes in them do make God no God and themselves the only Almighty But the people which challenge unto themselves the original power of earthly Dominion do challenge unto themselves that power which is universally and perpetually peculiar to the God of all power Therefore those people do blaspheme and rob God of his honour and what lyes in them do make God no God and themselves the only Almighty There is no power but of God The powers that be are ordained of God Rom. 13.1 5. Wherefore ye must needs be subject not only for wrath but also for conscience sake Doubtless our superintendants did never learn their Doctrine from this Text but they may aswell learn it from hence as from any other place in Scripture for I finde nothing in my Bible contrary to this but every text in Scripture doth harmoniously agree with this and unanimously resolve that Kings are of God they are Gods Children of the most high his Servants â—ir publick Ministers his Deputies his Vicegerenis his Lieutenants their Throne their Crown their Sword their Scepter their Judgements are Gods their Power Person and charge are of Divine extract and so their authority and person are both sacred and inviolable God removeth Kings and setteth up Kings Daniel 2.21 Thou settetst a Crown of pure Gold on his head Psal 21.3 I gave thee a King in mine anger and took him away in my wrath Hos 13.11 Which proveth that God not the people did institute Kings and that God not the people should take them away God hath spoken once yea twice have I heard this that power belongeth unto God Psal 62.11 By him were all things created that are in Heaven and that are in Earth visible and invisible whether they be Thrones or Dominions or Principalities or Powers Col. 1.16 And now O Lord my God thou hast made thy servant King instead of David my Father 1 Kings 3.7 I have provided me a King saith God 1 Sam. 16.1 Whole heaps of Scipture might I gather to confirm that Kings are solely and immediatly dependent from God and independent from all others which truth the suffrages of the Holy Fathers which are but as so many Commentaries on the Scripture and therefore not so necessary here to be recited do affirm and maintain But some may ask me how Kings in these dayes can be said to be immediatly from God when somtimes they are elected Kings by the people sometimes they come to their Crowns by Conquest and sometimes hereditarily by succession and never by extraordinary manifestation and revelation from Heaven as did Moses Saul David To this I briefly answer That as Divines hold a thing is immediatly from God several wayes 1. When it is solely from God and presupposeth nothing ordinary or humane antecedent to the obtaining of it So was Moses made captain over Israel and so had Joshua his authority But Soveraignty now to our Kings is not so conveyed but some humane act is alwayes intervening 2. When the Donation and Collation of the power to such a person is immediatly from God though some act of man be antecedent as Mathias was an Apostle immediatly from Christ though first the Apostles put two a part and cast lots yet neither of these two acts jointly or severally did virtually or formally collate the Apostolical power upon him When an Atturney maketh livery of seisin according to his letter of Atturny the Feoffee is in by the Feoffor and not by the Atturny though his act was interposed Is is not the Feoffment of the Atturney but of the Feoffor and the Feoffee his Title is only from the Feoffor though he had not had it but by the means of the Atturny In the second sense Soveraignty is conferred on kings immediatly from God though some created act as Election Succession Conquest or any other
But be they good or bad the people must not resist them because as Samuel sheweth the manner of kings is to do what they will Principi summum rerum arbitrium Dii dederunt subditis obsequii gloria relicta est To Princes God hath given the highest power to Subjects only is left the glory of obedience saith Tacitus which indeed is the greatest glory can be conferred on them if they had but hearts to receive it for what is more glorious in Subjects than obedience to God and their King Super imperatorem non est nisi solus Deus qui fert imperatorem The King hath no superior but only God saith Optatus Bishop of Milivis Generale pactum est societatis humanae obedire Regibus It is a Natural a General a Universal Compact Covenant of humane society to obey their Kings saith St. Austin li. 3. Confess cap. 8. But since optimus Legum interpres praxis practice is the best interpreter of the Law Look into the Scriptures and learn what our Ancestors have done before us I am confident you cannot find in all the Scripture where God appointed any people to be the chusers of their Kings but rather to accept of them and submit themselves to them whom the Lord had chosen and placed over them Nusquam invenio Regem aliquem Judaeorum populi suffragiis creatum quin si primus ille erat qui designaretur a Deo vel a prophetae ex Dei jussu vel sorte vel alia ratione quam Deus indicasset I never find any Jewish King made by the suffrages of the people but whom God did first by some means appoint saith Piueda de rebus Solo. li. 1. c. 2. neither did the Children of Israel chuse any unlesse Abimelech the Bastard son of Gedeon and as some say Jeroboam who made Israel to sin and of the evil successe of their reigns the Scripture will give you an account Would not the people have established Adonijah in King Davids throne crying out before him 1 Kings 1.25 God save the King Adonijah But God whose property it is only to make Kings rejecteth Adonijah and maketh Solomon to rule in his Fathers stead although Adonijah his title was by birthright aswell as by the consent of the people For 1 Kings 2.15 saith he to Bathsheba the mother of Solomon Thou knowest that the Kingdom was mine and that all Israel set their faces on me that I should reign howbeit the Kingdom is turned about and is become my Brothers For it was his from the Lord. In this verse you may see the title of Adonijah and the title of Solomon to their Fathers Crown Adonijah claimed it by birthright and the power of the people But Solomon claimed it from the Lord. It is no marvel that Adonijah put in his title for the Crown for God hath appointed the right of primogeniture by which the Patriarchs and all the rest of the posterity of Adam injoyed their royalty The elder is to rule over the younger by the Law of Nature Suppose Adonijah to be more wicked than Solomon yet doth not that take away his Birthright For God saith to Cain though he was never so wicked an Hypocrite unto thee shall be the desire of thy Brother and thou shalt rule over him though Abel was never so Godly and sincere a server of God which made Jacob so earnest to purchase his Brothers Birthright Gen. 25.31 And Jacob said sell me this day thy Birthright But Adanijah his Title was not only by birthright but also the people would have made him King and if those people had had as much power as the people of England pretend to have Adonijah would have wanted no other title than their power for the people of England are not afraid to say like Gods By us Kings reign we throw down Kings set them up again there is no power but what comes from us they provide themselves Kings they have spoken once yea twice have I heard this that Power belongeth unto them and that their Kings are only Derivatives from them O monstrum horrendum ingens cui lumen ademptum Did ever the world produce such blind prodigious Monsters Was ever God and Christ robbed so much of their Power Honour and Majesty as by these Vipers Adonijah no sooner saw his Brothers Title but he released his own and quitted the Crown wo be to them who usurp the Crown and have no Title of their own The Title of King Solomon was from the Lord he only set the regal Diadem on his head the people stood by as Ciphers Solus verus Deus dat regna terrena bonis malis saith St. Austin de Civit. Dei li. 4. cap. 33. It is God alone who disposeth of Crowns he crowned Adam a King in Paradice before his fall and before the rise of our Mâ—so-Monarchical Statists and therefore Monarchy is no Creature of the peoples which makes them confess and believe the Devils do the same that Monarchy is the best of all Governments which perhaps is the reason that they would so fain have it to be a Bird of their own hatching But me thinks their Tenets prove the contrary for if all Supreme power were originally in the people and derived from them to the King then without doubt Democracy were the best of all Governments for that form of Government which cometh nearest to its Original is the best But Democracy cometh nearest to its Original therefore Democracy is the best for the nearer the Fountain the purer the stream But change the Supposition into a true Proposition and then the Conclusion will be found as thus All Supreme Power is originally derived from God That Government which cometh nearest to its Original is the best But Monarchy cometh nearest to its Original therefore Monarchy is of all Governments the best And that Monarchy is the best form of all Governments is the conclusion of all Politicians Omnes vero palmam dant regno all give the palm to Monarchy Praestantiam autem Monarchiae non ex vetustate cum Lipsio nec ex naturae ductu cum Hieron ad Rastic Mona probo sed ex commoditatibus quibus caeteras species antestat I do not only prove Monarchy to be the most excellent because it is most antient and most natural but also because it is most profitable saith Henningus Arnisaeus As it is the most beautifull so it is the most profitable government Therefore none but mad men will dart forth the weapons of their Tongues and Hands against Monarchy or else those who would be Commonwealths-men only for their own private ends or else those men who will not have a kingdom unless it be their own and Reges abominantur nisi ipsi sint think kings abominable unless they may be kings themselves And these men think they may the easier attain to kingship by preaching this new Doctrine with the Iesuits that the kings power is derived from the people and so fool the ignorant multitude
have the supreme power over the people is proved in Adam and testifyed by the Law of God the Law of Nations The Law of Nature The Law of Reason The Law of the Realm and by the Oathes of all English men aswel Parliament men as other Magistrates though since broken by our Saviour by the Apostles by all the Fathers of the Church and by all Christian People and Religion The glory of the Martyrs which have sacrificed their lives in this just cause shall live for ever and the Rebells shall go out with stink like the snuffe of a Candle The Majesty and power of the King described Good subjects commended and the punishment of Traytors with Korah Dathan and Abiram manifested The sad effects if the people should have the supreme power and proved by reason that no Government could stand nor any man whatsoever live if the people had power to question the King or other their Governors Two supreme powers cannot stand together Trayterous Tyrants alwayes pretend Liberty and Religion with which they blinde the ignorant people The Oath of Supremacy by whom taken and by whom broken with all Gods Commandments with it How the People of England deal with their King HAving satisfied all but those whose profit it is to believe the contrary who have no other grounds for their belief than other mens grounds and estates that Kings receive their power from God and not from the people and are independent from all but the Almighty I shall now shew 1. That they have the Supreme power over the people 2. That they are above the Law 3. That they are not to give account of their actions to the people but only to God and so conclude that there can be no just cause for the subjects either to take up armes against their Soveraign to call him to the bar to accuse him to condemn him or to kill or murther him First with the first That the first King was made in Paradice your have already heard and that there he received his dominion and power but from whom did he receive his power from God hath not God therefore greater power than the Kingâ— he hath From whence do the people derive their power from the King Hath not the King therefore more power than the people he hath Constituens Constituto potior The Constituent is better and higher in place and dignity than the Constituted But the power of God Constituted the power of Kings Ergo the power of God is greater than the power of Kings And quod efficit tale magis est tale that which maketh any such or such is in it self much more such or such But the King giveth power to the people Ergo the power of the King is higher than the power of the people The King is the only fountain from whence all the streams of authority flow to the people It is he that is the Magazine from whence they derive their power And Derivativa potestas non potest esse major primitiva a Derived power can not be greater than the primitive Therefore those men who place Soveraignty in the palace of the peoples breasts must needs be more knaves than fools for so great ignorance cannot roust in their pates who are so worldly wise But let them glosse the text with what false Commentaries they please make white black and black white and muster up dark clouds of jugling riddles to dazle the purblind sight of the Rascal rable of the people who think the Gown makes the Lawyer That that must needs be Law which the Judge saith esteem all things by their exterior apperances and only know how to be ignorant whose deceived foolishnesse is the Chariot on which our men of war ride triumphant from one degree of wickednesse to another Yet notwithstanding Legibus eversis rerum natura peribit the Law of nature shall perish and the Heavens and Earth shall passe away before Lex Terrae the Law of the Land shall deny this Oracle Omnis sub Rege ipse sub nullo nisi tantum sub Deo All men are under the King and the King is under none but God this is that Divine sentence quod nec Jovis ira nec ignes Nec poterit ferrum necedax abolere vetustas which neither angry Jove nor fiery Vulcan neither devouring age nor the bloudy sword a worse devourer than that shall ever expunge out of our Law-Books or explode out of the memory of every pious man This is that which many worthies have written with their blouds and sealed with their lives To this have many died Martyrs whose fame shall out-live the Sun and their memories be engraven upon the marble of everlasting monuments whilest others their opposers would be glad to have the stench of their ignominious names buried in the grave of oblivion where leaving them let us return to our King For nullum tempus occurrit Regi It is alwaies seasonable to do allegiance to the King whose power like the Ocean is boundlesse and his authority like the wind goeth where it listeth he only can proclaim war and he only can conclude peace he only can call Parliaments and dissolve them when he pleaseth he appointeth what Magistrates he pleaseth and turneth out whom he pleaseth all Laws Customs Privileges and Franchises are granted and confirmed to the people by him He raiseth men that are dead to life again for those that are condemned to die by the Judges are dead in Law but the Kings pardon reviveth them again He hath the sole power of ordering and disposing all the Castles Forts strong Holds Ports Havens and all other parts of the Militia He is the breath of our Nostrils the life head and authority of all that we do Supremam potestatem merum imperium apud nos habens having the Supreme power and meer empire over our bodies members lives and estates he doth whatsoever he pleaseth to be short he is our King And where the word of a King is there is power and who may say unto him what dost thou Eccle. 8.3 4. But so greedy is humane nature of dominion and covetous to rule that we have some amongst us who professe themselves to be born Kings they are Kings by birth nay greater than Kings are here For Par in parem non habet Dominium one King cannot command another King But these men use Kings as Children do birds in a string give him what Liberty and Authority they please clip his wings lest he should fly too high for them put pins in his eyes to make sport with him and clip off his head too to make known their authority But doubtless these men were never bred in Christs University Did they ever hear of him If they did it is the worse for them For they which know the will of God and do it not will fare never the better for their knowledge It is better to be an ignorant fool than a cunning knave Reddite quae sunt Caesaris
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
to a Multitude of Tyrants and the dreadfull events if the Tyrants do not restore the King to his own again The murder of the late King Charles is proved to be most illegal and how the Rebels use the liberty of the people only as a Cloak for their wickednesse and their Knavery discovered in pretending the supreme power to be in the people whereas they use it themselves and so Tyrannize over us The Laws of England described and proved that our Soveraign Charles the 1. was unjustly killed against the Common Law Statute Law and all other Laws of England WE have already clearly proved that Kings are by Divine institution that they have their power from the Heavens and not from terrestrial men and that their power is above the people and Laws We are now come to see whether the people the Kings subjects have power to destroy and put assunder that which God hath thus created and joyned together It is a sound conclusion which naturally and of necessity floweth from the premisses that they have not and having shewed 1. That God made the first King Adam in Paradise 2. That there he received his regal power from God not from the people And 3. That there he arbitrarily made Laws according to his will where he had reigned a Monarch for ever as Divines hold had not he transgressed Let us now see what became of him after his transgression for King Adam did transgress and he must give an account of his Stewardship But to whom must he give his account To man he cannot for the King hath no superiour on earth Therefore he must to God who in the 19 th verse of Gen. cap. 2. challengeth his praerogative And the Lord God called unto Adam and said unto him Where art thou No sooner did Adam hear God call but he presently gave an account of himself saying verse the 10. I heard thy voyce in the garden and I was afraid because I was naked and I hid my self Where note That God taketh an account chiefly of the king for his subjects offences The king is Gods Steward and God will reckon with him God sent him from Paradise out of the garden of Eden to till the ground Therefore that he may make a good account he must Parcere subjectis debellare superbos cherrish the flowers and root up the weeds He must be a nursing Father to his loyal subjects but he must batter down the swelling pride of Traytors The true Protestant Religion must florish as the best flowet in his Garden But the Anabaptists Independents Presbyterians Papists Jesuits and other wicked Sectaries must be pulled up as weeds lest they overspred and choak the good flower They must be extirpated by the root whilest they are young lest theâ— grow up and seed and their seed be sowen up and down in the whole World He must set the Bishops again in their natural soyl which is now grown over with these weeds and rubbish That that stone which these new builders refused may become the head stone of the Corner and the Bishops Lands which they did not refuse must be given to the Church again The Common Prayer Book now rejected as fit for none but the use of Papists He must bring in and make those Papists read it who now reject it as Popery for no other cause but that there is no Popery in it He must turn the Horses and other unclean beasts out of his Sanctuary now made a Stable St. Pauls c. and put in holy Bishops and reverend Pastors in their room And since our Saviour hath commanded it He must make the Lords Prayer current amongst us That our Ministers may leave off piping what they list and pipe the true tune which the Lord of life the best Musician taught them that all Gods people may dance For how can we dance when the instrument is out of order and the wrong tune is piped Good God! what a superstitious and Papistical age do we live in when we account it superstition and Popery to say the Lords Prayer the Common Prayer the ordinary means of our salvation O blessed Iesus Hast not thou commanded us not to use vain repetitions But when we pray to pray thus Our Father c Dost not thou know what we want better than our selves and hast thou not prescribed us a set form of prayer to ask it with And shall we cast thy prayer behind our backs and presume to come before thee without it are we wiser than the Lord of life or is there any nearer way to Heaven than that which he hath taught us shall we present the Lord with our own husks and trample on the Manna which he hath prepared for us Is there any other spirit to teach us to pray than the Spirit of the Lord which taught us in his Gospel When we petition to any of our superiours on earth then we premeditate and cull out filed and curious words worthy of his personage But when we should pray to the Almighty then any thing which lyeth uppermost is shot out at him like water out of a squirt and what pleaseth our foolish phantasies that we pretend to be the Spirit of the Lord. O God arise vindicate thy own cause Let not the soul of thy Turtle Dove be given into the power of the wicked For how is the Mother reviled by her Children and it grieveth thy servants to see her stones lye in the dust But rege venienti hostes fugierunt It is Gods Steward otherwise called Stewart with must remedy all this He must turn our spears into pruning hooks and our swords into plow-shares and so consequently our sword-men into plow-men The love of his Subjects must be the Magazine of his Artillery and their Loyally and obedience must be their chiefest good and honour O fortunatos nimium sua sâ— bona norint O happy multitude if they did but know their summum bonum their chiefest good which is loyalty and due obedience to their Soveraign For he will not break the Charters of their Corporations nor invade their rights and liberties He will not distrain for excessive Taxes nor impose great burdens on his Subjects The Law shall be to him as the apple of his eye and the true Protestant Religion as his dearest heart Learning shall florish and the Vniversities shall not be destroyed He will not murder the Prophets nor massacre the Citizens before their own doors He will not contrive plots with his Impes and Emissaries to catch honest men with their estate Justice shall run down the streets like streams and peace shall make the Land flow with milk and honey Every man shall eat the fruits of his vineyard under his own vines and enjoy the presence of his family with the absence of a Souldier He will not build up his throne with bloud nor establish his royal state with lyes and dissembling Flatterers will he abandon from his Court and those who keep other mens estates
Woolves with the destruction of the Innocent I need no other proof for this than every mans experience Virgil. Tantane vos generis tenuit fiducia Vestri Jam caelum terramque Dei sine numine venti Miscere tantas audetis tollere moles Quos Deus at motos praestat componere fluctus Post sibi non simili poena commissa luetis Maturate fugam Regique haec dicite vestro O ye Empty Clouds and raging winds of Ambition could Attempts enter into your Dunghill thoughts as to assassinate your King provoke Heaven and molest the Earth Durst you encounter the Almighty pitch battail and sight against his Deity Are your Commandments above his and can your Statutes repeal his Hath not he in his Vpper-house constituted a King and commanded you to honor and obey him and can your Mortal nothings in the Lower-house next door to hell vote him useless Can you put asunder that which Jehovah hath joyned together and take away not only the Crown but the life also of your dread Soveraign Can you do these things and look upwards Aposiopesis But God will that he will Ah rather repent of your villanies It is better for you I think though not your deserts to go peaceably to Heaven than to be thrown headlong into hell For there you will be murthered with the Devils and you cannot murther any more Kings death lyeth at your door and after this life ended you shall not be punished with the Sermons of holy Ministers or with Gods Word which is now odious unto you But with the Scorpions of the Devil Beelzebub and his Angels shall execute Tyranny over you in the infernal pit as you and your Angels have done over the Lords anointed and his innocent subjects in the open air before God and man Therefore Repent for Repentance is your nearest way to salvation Maturate fugam Regique haec dicite vestro Make haste and go and tell your King these things That you are sorrowful and that it gnaweth and biteth your seared Conscience to think that you should be the Authors of so great a wickedness beg his gracious pardon restore his sacred Patrimony which you have torne in pieces and cast lots for his pardon and peace with him will do your Souls more good than all his Lands or Royalties Acknowledge his Soveraignty as ye ought and set the Crown again upon his head which you did injuriously pluck off or else the time will come that one drop of the many tears and waters which you have caused to flow from the eyes of the Royal party their Widdows and Orphans shall be more desired of you to cool your tongues than ever their estates and honours were If a Thief should set upon you or any other subject to rob him It is lawful for the honest man to draw his sword and kill him if he can How dare you then with violence set upon your King to rob him not only of his goods but also of his life yet because he defended himself and so some of the Rebels slain Therefore you impeach him of high Treason and murther O monstrous did you ever hear of any Law in the whole world that ever the King could commit high Treason Be dumb for you did not The Laws of England are divided into three parts viz. 1. Common Law which is the most antient Law of the Realm 2. Particular Customes 3. Statutes or Acts of Parliament There is no offence punishable by the Laws of England unless it be against one of these Laws He that doth not offend against the Law is no sinner for where there is no Law there can be no transgression I had not known sin saith St. Paul but by the Law Rom. 7.7 Then cannot the King be guilty of Treason to the people or of any other offence punishable unless he offend against one of these three Laws And that he did not offend against any of them nor was guilty of those offences laid to his charge by any one or all of those Laws is as clear as the Sun and a Maxim with all honest men For 1. The Common Law is nothing else but the general custome and common usage of the Realm Finch 77. Plowdens Com. 195. Therefore the King cannot be an offender or guilty by the common Law nor the people have power to call him in question for any of his actions because it is so far from being the general custome and common usage of England for the King to be punished by the people that before this first and last great and monstrous distractive and destructive wicked and abominable murther of the last most gracious and merciful King such a thing was scarce ever heard of or entred into the thoughts of any English man Therefore the Rebels are cast by common Law and the Chancery will never give relief against the common Law li. 4.124 D. and St. So that take them which may you will this Dilemma will hang them Amen 2. Customary Law is where a particular custome grounded upon reason differeth from the general usage and common custome of the Realm Now to prove that the King is not an Offender against this Law would be a thing altogether frivolous and ridiculous it being known to every one that he cannot 3. Statute Law is a Law positive made by the King with the assent of the Parliament And there is no Statute or Act of Parliament in England which maketh any offence in the King high Treason or that giveth the people power to call the King to an account accuse or condemn him But there are many offences committed by the people made high Treason against the King by several Acts of Parliament But that the King could commit Treason against the people is such a novelty that Heaven nor Earth never heard of before perditious England hatcht it But since our age is much given to fictions Let us for once feign with our false Republicans That by the antient fundamental Laws of the Realm The King might commit Treason against the people and be a Traytor to the Common-wealth for which the people might lawfully question him Yet since Leges posteriores priores contrarias abrogant The Statute Law may alter and abridge the common Law The King cannot now commit Treason against the people nor be a Traytor to the Commonwealth Because by the Statute made 1 H. 4.10 and several others It is enacted by authority of Parliament who as the common people think may do any thing vote Heaven Hell or Hell Heaven That in no time to come any Treason be Judged otherwise than it was ordained by the Statute of 25 E. 3.2 In which Statute I am sure there is no mention made of any Treason but only against the King as any one may read at large which Statute being it was made by Benedictum Parliamentum a blessed Parliament for so it was called Co. Inst 3.2 I commend it to the perusal of every English man as the best
lesson he can learn by which he will see the error of the times and what changes the wicked have wrought amongst us Therefore since several Parliaments have made Statutes That the King can commit no Treason nor no Treason be committed but against the King Ex ore tuo te Judicabo we may conclude from their own mouths that by no Law but against all Laws they murthered their King the meekest and justest of all men For whosoever committeth sin transgresseth also the Law for sin is the trangression of the Law 1 John 3.4 Then how could the King sin when there was no Law for him to transgress By the common Law as I have already shewed he could not be an offender neither could he by any Statutes For at that very time when the Parliament the peoples representatives charged the King with Treason they had made many Statutes That those things which they themselves acted against the King should be high Treason against the King But they had made no Law whereby the King might become a Traytor against them Therefore the King could not offend against that Law which was not Adam had not sinned in eating the forhidden fruit had he not been first forbidden Neither had St. Paul known lust except the Law had said Thou shalt not sin Rom. 7.7 And for the King to commit Treason when there is no Law which maketh any offence in the King whatsoever Treason but all laws both Common and Statute both Divine and Humane resolve the contrary is such a Chimaera which passeth the understanding of every reasonable creature But forsooth our new upstart pragmatical Lawyers as they call them such as Cook was witness his King Charls his case fol. 22. A Cook but rather a Scullion I am sure of no affinity in judgement nor comparable in learning with our great Master and Oracle of the law Sir Edward Cook do say and profess that they have a Law written in their hearts whereby they are enabled and authorized to kill the King if he offend But I wonder holy David had not this Law written in his heart to kill wicked King Saul when it lay in his power so to do The question is easily answered for God said that David was a man after Gods own heart and therefore could not do so great a villany But I am sure if the Scripture be true Neither God nor man will say that these men are men either after Gods heart or any honest mans heart And divide the Kingdom and you will finde a thousand for one in whose hearts this law was never written Therefore if it be written in some few mens hearts yet since it is not written in the hearts of the Major part according to their own tenets that law is not binding You may read in 1 Sam. 24.6 and cap. 26.11 That it was in Davids power and he was admonished to kill his enemy wicked King Saul once in the Cave where he cut off the Kings skirt indeed but his heart smote him as if he had committed Crimen laesae Majestatis high Treason against the King And then in the Trench where Saul lay sleeping 1 Sam. 26.7 So David and Abishai came to the people by night and behold Saul lay sleeping within the Trench and his Spear stook in the ground at his Bolster But Abner and the people lay round about him Then said Abishai to David God hath delivered thine Enemy into thine hand this day Now therefore let me smite him I pray thee with the Spear even to the earth at once and I will not smite him the second time And David said to Abishai Destroy him not For who can stretch forth his hand against the Lords anointed and be guiltless David said furthermore As the Lord liveth the Lord shall smite him or his day shall come to dye or he shall descend into battel and perish The Lord forbid that I should stretch forth mine hand against the Lords anointed but I pray thee take thou now the Spear that is at his bolster and the Cruse of Water and let us go Here you may see how greivous a thing it is to lay hands upon the King though he be wicked and persecute you For by holy Davids own confession no man can do it without committing an high and wofull offence Therefore better it is for all men with King David to commit the punishment of their King to God who most assuredly will punish the King aswell as the Beggar for his offences and not violently oppose or stretch forth their hands against him for none can do that and be guiltless It is true the law of England in many particulars is lex non scripta and when our law books are silent we must repair to the law of Nature and Reason But when a law is established by the law of God declared by many Statutes and reported by multitudes of reverend Judges in their Reports as it is that the King can commit no offence so great as to be punished by the people Then sit liber Judex We must Judge according to the written Law though it do not agree with our own private reason If the King before the descent of the Crown be attainted of Treason felony or any other offence yet by the descent of the Crown The Attainder eo instante is void as it fell out in the case of Henry the seventh 1 H. 7.4 Jnst 1.16 Then if the Coronation of the King prohibiteth the punishment of those offences which he committed before he was King only because he is King and so not punishable by any earthly power how can he commit any offence after his Coronation for which the people may call him in question It being a Maxim in Law That the King can do no wrong that is no wrong for which the people may punish him And to say that the King is an Officer of trust placed by the people is a meer foppery and against the express letter of a principle in Law viz. That the King is not capable of an office to use but to grant Co. Jnst 1.3 But why should I speak of Law to those who God and all the World knows Act all things against law For is there any Law which maketh it high Treason in the King if he commit such or such an offence or is there any law to enable the people to call their King to an account I appeal to the whole World and even to the Consciences of our wicked Folarchical upstarts Whether they ever read any such Law in the old or new Testament in the Statutes or Reports of the laws of our Realm or whether they ever heard of any such law in any Kingdom or Nation under the Sun No they did not The Devil brought it if any there be out of the infernal pit whither it will bring them all unless God most high prevent not can a posteriour Law make that an offence which was lawful at the Commitment without doubt it cannot
But these men with their practice most wickedly affirm it King Henry the 7 â— h and many Burgesses and Knights of the Counties being first attainted by Act of Parliament of high Treason against Richard the 3d. The question was in H. the 7 ths Parliament How this Act of Attainder should be reversed and made void It was resolved by all the Judges That those Knights and Burgesses which were attainted should not sit in the House when the Act of Attainder was to â—e reversed But when that Act was reversed then they might come again and sit in Parliament But as for the King it was unanimously agreed and resolved by all the said Judges that ipso facto when he took upon him to be King that he was a person able and discharged of the Attainder for said they the King hath power in himself to enable himself without a Parliament And an Act for the reversal of the Attainder is not at all necessary See 1 H. 7.4 Com. 238. Parliament B. 37. and 105. In which case you may see the power of a King of a King that was attainted of the greatest offence viz. High Treason Here likewise you may view the power of a Parliament of a Parliament who had asmuch right to dethrone their King as ever the long Parliament or any other had Here likewise you may hear the voyce of the Law of the Common law not since repealed by any subsequent Statute But as it was then so it ought to be now the Resolution of all the Judges in England That the King hath power to take pardon and ought not to crave pardon of the people for his offences The Crown once gained taketh away all defect is the Sentence of the Law and an Adage amongst all honest Lawyers If the people had the Supreme power why was not the Attainder of the King in this precedent case reversed by Act of Parliament as were the Attainders of the other Members If the King be but an Officer of trust deputed by the people and receiveth his power from them Why was not the King in this case freed from his offence by the people What would they entrust a person attainted of so great an offence as high Treason with the highest place in the Common-wealth And yet not permit others guilty and attainted of the same offence not so much as to fit and Act as Members of the Parliament without they were first purged of their offence It doth not stand with reason that the highest Offender should exercise the highest office And doubtless if the people had had power the Parliament would have cleared King H. the 7th from his crime before he should have Officiated his Office of Kingship But that Parliament well knew that the feet were not higher than the head and that the Inferiour Members could not impose Laws on the King their Soveraign They knew with Bracton that the King Parem non habet in Regno suo had not in his Kingdom any single man or the people his equal Therefore since it is the Law of the land Magna Charta 29. That no mâ—n shall be judged but by his Peers and being the King hath no Peer or Peers in his Dominions They resolved not to judge their King nor to commit so great a vanity as to reverse the Attainder For can a King be attainted or can the people who have no authority but what they have from him have authority to correct and revise their King O foolish imagination Horac Caelo tonantem credidimus Jovem Regnare praesens Divus habebitur Augustus adjectis Britaunis Imperio Jove governs Heaven with his Nod King Charles he is the earthly God Great Britain being his lawfull Inheritance Our King Augustus high and mighty Solus Princeps qui est Monarcha Imperator in Regno suo Davis Irish Rep. fo 60. Our only Prince who is both Monarch and Emperor in his kingdom hath only authority and the only right to govern the Britains who though long since have been accounted Rigidi hospitibus feri rigid and cruel to strangers yet that they should ever so much degenerate as to be rigid and cruel to their own natural King and kill their natural Soveraign is such a wonder and murther that never entred into the thoughts of former ages and will be a bugbear and scar-crow to all succeeding generations for by robbing their King of his Crown and Life they have robbed the Turk of his cruelty Judas of his treachery and all the Devils of their malicious wickedness For the Turks cruelty Judas his perfidious treachery and the Devils malicious villanies do all conjoyn to make up and center in an English Rebel one of those beasts who like the Enemies of King David Psal 102.8 Have sworn together against their King are mad upon him and revile him all the day long Yet that they may seem religious even when they commit Sacrilege they like the Devil when he tempted our Saviour taking him up into an exceeding high mountain and shewing him all the kingdoms in the world and the glory of them saying unto him All these things will I give thee if thou wilt fall down and worship me Mat. 4.9 will promise fairly and as if they were resolved diametrically to oppose St. Peters Doctrin who commands them 1 Pet. 2.16 Not to use liberty for a cloak of maliciousness they use the liberty of the people as a Wolf doth the Lambs skin to destroy poor Lambs as the only cloak and cover for all their malicious wicked prodigious and damnable actions For if you ask them for what cause did they murder the King Their answer is for the liberty of the people For what cause do they make themselves Governours and Lords and Masters over all that we have For the liberty of the people For what cause do they subvert the Laws expell and throw down the orderly and holy Clergie and all Religion with them For the liberty of the people For what cause do they enslave the whole Nation For the liberty of the people Nay these men are so well furnished with godly pretences and wicked intentions that even whilst they cut the peoples throats they make them believe they give them a blessing And as the man who swore that the Coat of the true owner was another mans only because he might have the use of it himself So these men have the impudence to swear though not without perjury that the Supreme power is in the people only because they might throw down our royal Government with all goodnesse with it and use that Supreme power themselves which they protest is in the people O delusive Mountebanks Was there ever such a jugling deceit acted by any Jugglers or Quacksalvers in the world Surely there was not And did not every one nay they themselves very well know the truth of what I have said I might easily make it clear and evident even to the blind with multitudes of Examples For
have alwaies discord to be their companion Monarchia nihil habet durum praeter nomen populare contra regimen nihil lene praeter nomen Monarchy hath nothing harsh but its name but on the contrarie a popular estate hath nothing delightfull or taking but its name Our times are so full a Commentarie and so plain an Exposition of the evil events of a popular estate that I will not neither need I recite the opinions of the Antients wherewith they have contemned it as the worst of Governments most subject to dissension and change and most obnoxious to the people And I think no Nation under the Sun could ever produce a more notorious example than mutable England where everie man as if he had served an Apprentiship to novelty forgeth new invenions everie day he changeth his mind as often as children would change their cloaths and fitteth his conscience to everie opportunitie and purpose His heart though hollow will bend like a flexible osier and incline to anie thing that is profitable though never so wicked his resolutions will break to pieces like ropes of sand and like the Moon are alwaies changing He never standeth to anie thing so fast but that he can slip away from it when he pleaseth Neither did he ever love any Religion ' so well but that he could love another as well at any time and for a need entertain twâ—ntie together twentie did I say Nay 't is his fashion to change his Religions everie day if no every hour and so much Religion makes him an irreligious changeling But for brevities sake take his Epitome viz Constant onely in inconstancy And this man thuâ— qualified is one of the main pillars of the Government of England for you must know too that hâ— hath sometimes a great mind to be a Governor nay he is so hot upon it that sometimes he will do any thing rather than fail If his own father stands between the Throne and him he will make him stand by or else make him go into another world He can pull off Kings Crowns as often as he can pull off his own Hat He can break a great Oath as easie as he can break a little â—hreed and Perjury with him is a Cardinal vertue if it do but add any thing to his Design And you will make it a miracle if this man should not make a good Common-wealths man if not a good one however one would think that he might keep his place long enough being so well furnished with all these sweet flexible and easie conditions but no he cannot and the reason is because there is a great Litter of these Whelps gathered together of the same kind with himself and being so many they often snarl one at another for the bone so the Government Proteus like changeth it self into what shape they please sometimes one of them is promoted to the Government just like a Malefactor on a Woodden Horse whom they pull down when they please and them run open mouthed with a full cry after it again untill that at length one being nimbler footed or quicker mouthed catcheth it into his paws by and by all of them like Acteons dogs fall upon him and although he crieth out Actaeon ego sum Dominum cognoscite vestrum I am he which use to hunt with you and be your master Huntsman yet such is the furious madnesse of these Animals that they tear him in pieces and hang the Government on another and so they tosse it about from one to the other as children do a three half penny ball thinking it is no sport if the ball lie long still in one of their hands Regni sacra fames quid non morialia pectora cogis What doth not the thirst of ruling compell these mortals to do Every one cuts his fellows throat if he thwarts him in the Government they make the people swear to be faithfull to a single person one day and to swear against a single person the next It is high Treason to speak against one kind of Government one hour and high Treason or worse not to speak against it the next and what is the reason of these turnings and twinings and various alterations Because in these dayes there is no King in England and every man doth that which is right in his own eys Judg. 21.25 Velle suum cuique est nec voto vivitur â—no An Advertisement to the Enthusiasts and Crown-hunters of this over-ruling age admonishing them since their lives are so short and so wicked that they would not expect Eternity in their ill-got-estate and that from hell there will be no Redemption because the Devil will not be deluded with bribes Cares and fears do accompany Crowns lawfully gotten but curses and damnation do attend them and their possessors which have gotten them by the Murther of their King or by any other illegal means as did our English Rebels QVis furor O populus quae tanta licentia ferri Discite justitiam moniti non temnere Divos What madnesse O people O people what licentious fury possesseth your earthly Cottages Can fish live in the air Or can fowls live in the Sea Can you scale the heavens and subdue the Almighty Hor. Coelum ipsum petimus stultitia neque Per nostrum patimur scelus Iracunda Jovem ponere fulmina The disposing of Crowns belongeth to God and not unto your frail Quidlibets When you go to wrest the Crown from your Soveraign you go to fight against God And through your foolishnesse pull down his wrath upon you Why preach you up your selves the maintainers of the Law so much Alas thieves cannot live without a Law for if they do not distribute their stolen goods equally and according to Justice as they term it Divisions and quarrels will soon arise amongst them But I hope this is not your case if it is honest men will come by their goods Therefore being admonished Do not despise your lawfull King and Soveraign Si genus humanum mortalia temnitis arma At sperate Deos memores fandi atque nefandi But if you do and with your vaunting power and raging violence over-rule all humane strength and juâ—tice Yet remember that the gods remember you and when your villanies are past and rubbed out of your brittle memories For nothing is more pleasing than to forget ones evil actions yet then they are most fairly written in Gods book and shall never be blotted out untill your names are razed out of the book of life What sweetnesse is there in Crowns which makes you so earnest to wear them It is your fond conceits to think they are delightfull there is nothing in them which hath not plus fellis quam mellis more gall than honie Deformis facies non est deformis amanti It is only your love which makes them beautifull for Crowns are not without cares and fears crosses and losses and high seats are alwaies slipperiâ— O vilis
And therefore Sir John Davis in his preface confidently averreth that the Common-law doth excel all other laws in upholding a free Monarchy which is the most excellent form of Government exalting the Prerogative royal and being tender and watchful to preserve it and yet maintaining all the Ingenuous liberty of the Subject Nay so carefull is the law of the Kings Soveraignty that in all cases from the highest to the lowest it demonstrateth the Kings supreme power and dignity The law will not permit any Subject to come so near the King as to be jointenant with him for if Lands are given to the King and a subject or if there be two Jointenants and the Crown descend to one of them the Jointure is severed and they are Tenants in Common for no Subject is equal with the King Co. Lit. 190. Plowd Com. in Seig. Barkleys Case Nay rather than the Suâ—â—ect shall be equal with the King in any thing he shall lose all for the King being Tenant in Common of entier Chattel personal he shall have the whole as if an Obligation be made to two or two possessed of an horse and one is attainted the King shall have the whole duty of the Obligation and the horse 13 El. pl. 322. Finch 178. To instance all particular cases is endlesse and impossible all land is holden of the King immediately or by means himself not having any higher upon earth of whom to hold 50 Ass pl. 1. 18 Eli. Pl. 498. For it would be against Common right and reason that the King should hold of any or do service to any of his subjects saith Cook lib. 8.118 Because he hath no Superior but God almighty Cook Lit. 1. Escheats of all Cities appertaineth unto the King all mines of Gold and silver or wherein the gold and silver is of the greater value appertain unto the King 8 E. 3. Escheat 12. 1 El. Plo. 314. The King is Anima legis he governeth and defendeth the law all Writs and Processe run in his name and receive authority onely from him and all persons have their power from him and by his Writ Patent or Commission The King hath the sole Government of his subjects The body Politick and the natural body of the King make one body and not diverse and are inseparable and indivisible Plo. 234 242.213 lib. 7.12 Rex tuetur legem lex tuâ—tur jus We muâ— be for God and the King because by his laws we are protected and it is a miserable case to be out of the Kings Protection Co. Lit. 129. All Jurisdictions and the punishment of all offenders against the Laws belongs to the King And Treasons Felonies and other Pleas of the Crown are propriae causae regis For why The King is viva Lex a living Law who only hath power to give Laws and therefore he only ought to punish those who break them Not the Parliament as it is called viz. the two Houses or either of them singly because they without the King can make no Law and therefore they are murtherers because they have put to death many worthy Innocents having no other Law but their own wicked wills And for my part if any one should tell me that the Law of England is nothing but the will of the King I could not disprove him for what are the great volumes of our Statutes but the Monuments and Repertory of the Kings will What is the reason that it is a Law that the King cannot make new or alter old Laws but in Parliament with the consent of his Lords and Commons Because the King was pleased to will it so for it was not so from the beginning The King was long before Parliaments and therefore did most certainly make Laws without them What is an Act of Parliament but the will of the King Nay what is Magna Charta but a Roy le veilt All our Rights and Liberties we enioy are by the gracious concessions of our Soveraign Lord the King who esteemeth our good and freedom his best praerogative and happinesse Omnium domos illius vigilia defendit omnium otium illius labor omnium delitias illius industria omnium vacationem illius occupatio The King by his watch and diligent care doth defend and keep every mans house in safety his labour doth maintain and defend every mans rest and quiet his diligence doth preserve and defend every private mans pleasure and delight his businesse doth maintain and defend every mans leasure So that as Manwood hath it even as the head of a natural body doth continually watch and with a provident care still ook about for the safety and preservation of every member of the same body Even so the King being the head of the body of the Commonweal doth not only continually carry a watchful eye for the preservation of peace and quietnesse at home amongst his own Subjects but also to preserve and keep them in peace and quietnesse from any forein invasion Therefore if the Rebells since the murther of our gracious King Charles the first have taken the freeborn Subjects of this Nation and imprisoned them like Slaves without any just cause or due processe of Law If they have violently driven us from our Lands and Livelyhoods possessing themselves of them and taken away our free Customs and Liberties If they have unjustly deprived us of the benefit of the Law banished us out of our Country and destroyed us with their high Courts of Injustice without the verdict of our equalls contrary to the Law of the Land if they have delayed Justice and Right denyed it to all men and granted it to no man but to those who would buy it Blesse God for Charles the first and pray for the restauration of Charles the second Praise God for their noble Praedecessours who have been our Nursing Fathers and their Queens our nursing Mothers who have willed and enacted Magna Charta ca. 29. Nullus liber homo capiatur vel imprisonetur aut dissisietur de libero tenemento suo vel libertatibus vel liberis consuetudinibus suis aut utlagagetur aut exuletur aut aliquo modo destruatur nec super ibimus nec super eum mittemus nisi per legale judicium parium suorum vel per legem terrae nulli vendemus nulli negabimus aut differemus justitiam vel rectum That no man should be arrested imprisoned disseised of his Free-hold of his Liberties or free customes or out-lawed bâ—nished or otherwise destroyed but by the verdict of his equals and the Law of the Land neither should Law and Justice be delayed sold or denyed to any man but the King in judgment of Law is present in all his Courts of Justice repeating these words We will sell deny nor delay Justice and right to no man Inst 2.55 O Magnificent blessed and golden Oration It proceeded from the lips of Kings and we shall never hear such Doctrine preached again in any of our Courts of Justice untill our King be
his Majesty before he was crowned King But it was clearly resolved by all the Judges of England that presently by the descent his Majesty was compleatly and absolutely King without any essential ceremony or act to be done Ex post facto and that Coronation was but a royal ornament and outward solemniation of the descent And this evidently appeareth by infinite Presidents and book cases where such execrable opinions have been no sooner hatched than destroyed and if the Judges of our age had been so honest as to have cropped in the bud such like opinions broached by the Rebells Charls the first had still been our King and we a flourishing and happy Kingdom Although the King of England hath two Capacities the one by Nature the other by Policy yet ligeance is due to the King in his natural capacity and his natural and politick body make but one indivisible body Plo. 213. The Oath of Alligeance is made to the natural person of the King so is the Oath of Supremacy and all Inditements of Treason when any do intend or compasse mort◠et destructionem Domini Regis the death and destruction of the Lord our King which must needs be understood of his natural body for his politick body is immortal and not subject to death the Inditement concludeth contra ligeantiae suae debitum ergo the ligeance is due to the natural body vid. Fitt Justice of Peace 53. Plo. Com. 384. in the Earl of Leicesters case It is true that the King in genere dyeth not but no question in individuo he dyeth as for example Charls the first dyed yet the King is not dead because Charls the second whom God preserve is still alive For by the Laws of England there can be no interregnum within the same lib. 7.11 And to affirm as the Traytors now do that the Kings power is separable from his person is high Treason by the Law of the Land hear the Oracle of the Law tell you so lib. 7.11 In the Reign saith he of Edward the second the Spencers the Father and the Son to cover the Treason hatched in their hearts invented this damnable and damned opinion that Homage and Oath of Ligeance was more by reason of the Kings Crown that is of his politick capacity than by reason of the person of the King upon which opinion they inferred execrable and detestable consequents 1. If the King do not demean himself by reason in the right of his Crown his Lieges are bound by Oath to remove the King 2. Seeing that the King could not be reformed by Sute of Law that ought to be done by aspertee that is by force 3. That his Lieges be bound to Govern in aid of him and in default of him All which were condemned by two Parliaments one in the Reign of E. 2. called exilium Hugonis le Spencer and the other in Anno 1 E. 3. cap. 1. If the opinions of the Spencers were so wicked and detestable what then are the actions of the Rebells of our age who have put in practice what was but intended by the Spencers and that they might reform the King according to their minds cut off his head because he was a headhigher than they O Monstrous Reformers Did I not know that the Euthusiasts of our times do by their diabolical interpretations subvert even the Holy word of the Almighty making themselves absolute Kings over the Scripture to do what they please with it though they will not permit their King to have Soveraignty over themselves his Vassals And like the raging torrent of the foaming flouds which running down the lofty Hills demolisheth and carrieth away all opposites in its roaring Streams or as the violent fury of a Masterless headstrong multitude who hew down Kings as well as Royal Subjects in their tempestuous fury so these men set upon the Bible and stretch every Text of Scripture to their own meaning although there is as great a distance between their meaning and the Scripture as there was betwixt the Glutton in Hell and Lazarus in Abrahams Bosom in Heaven else should I wonder how they could seem to make the very Letter of the Law speak against the very Letter and like the Philosophers stone which turneth all things into Gold so the tongues of these men turn the sense of all the Lawbooks into their golden meaning and cite those books as authorities on their sides which are so contrary and opposite against them as if they had been purposely prepared to encounter and confute them For where is the Kings Soveraignty more fully demonstrated and evidenced than in Reverend Bracton and what book so much abūsed as his For lib. 2. cap. 24. speaking of Liberties and who had power to give them Quis saith he who hath power he answereth that the King hath For Sciendum quòd ipse dominus Rex qui ordinariam habet jurtsdictionem et dignitatem et potestatem super omnes qui in regno suo sunt habet enim omnia jura in manu sua quae ad coronam et laicalem pertinent potestatem materialem gladium qui pertinet ad regni gubernaculum habet etiam justitiam et judicium quae sunt jurisdictiones ut ex jurisdictione suae sicut dei minister vicarius tribuat unicuique quod suum fuerit Habet enim ea quae sunt pacis ut populus sibi traditus in pace sileat quiescat ne quis alterum verberet vulneret vel male tractet ne quis alienam rem per vim roberiam auferat vel asportet ne quis hominem Mahemiet vel occidat Habet enim coercionem ut delinquentes puniat coerceat Item habet in potestate sua leges constitutiones assisas in regno suo provisas et approbatas et juratas ipse in propria persona observet et subditis suis faciat observari nihil enim prodest jura condere nisi sit qui jura tueatur Habet igitur Rex hujusmodi jura five jurisdictiones in manu sua And again in the same Chapter ea quae jurisdictionis funt pacis ea quae sunt justitiae paci annexae ad nullum pertinent nisi ad coronam dignitatem regiam nec a Corona separari poterunt cum faciant ipsam Coronam The sum of which in English is this the King hath supreme power in all civil causes the Law floweth solely from him he is super omnes above all men in his Kingdom all jurisdictions are in him The material Sword of right belongs to him and whatsoever conduces to peace that the people committed to his charge may live peaceably and quietly The power of holding Assizes is derived from him and of punishing Delinquents for it would be in vain to Enact Laws if there was not some body enabled to protect us by defending them c. And the same Author saith lib. 2. ca. 9. Potentia vero omnes sibi subitos praecellere parem autem habere
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
there is Ultimum Potentiae so in the politick body when the King and the Lords Spititual and temporal Knights Citizens and Burgesses are all by the Kings command assembled and joyned together under the head the King in consultation for the Common good of the whole Realm there is Ultimum Sapientiae But it was never known in any age that the Members without the head had either power or wisdom and it would be prodigious if our age should produce such a Monster No man can tell the contrary but that our Realm of England hath been Governed by Kings ever since the Creation of the World clear it is by all Historians that ever since we heard of any Government in England it hath been a Royal State and although our Governours have been often changed yet our Government was never turned out of the regal road it is as easy to pull the Sun out of the Firmament and make the Stars to rule the day as it is to abolish Monarchy and establish Aristocracy or Democracy in our Kingdom For that which is bred in the bone will never out of the flesh As Monarchy is the most divine and most natural kind of Government so it is most natural to and esteemed most divine by all true born English men For such is the Courage and so great is the Loftiness of English Spirits that they disdain to be ruled by any but by his sacred Majesty our Soveraign Lord the King For as it was long before King William the Conquerour so did our Government continue still without interruption a Royal Monarchy until the chief Priests and the Scribes and the Elders as they call them of the People to wit Presbiterians Independents Anabaptists Jesuits c. assembled together and consulted that they might take Charles the first whose undeserved sufferings have made him immortal on Earth as well as in Heaven by subtilty and kill him But they said let us not kill him suddenly and openly lest there be an uproar among the people night time is the only day for wickedness The Gunpowder Treason was hatched in darknesse and these Godly Villains thought that the best way to catch their prey was to beat on the dark side of the hedge They cut the Throat of Religion when they seemed to lay a plaister and they murthered their Soveraign when they swore they intended nothing but to make him a Glorious King Then entred Satan into Judas surnamed the House of Commons being one of the two Houses of Parliament And these Judasses went their way and communed with the chief Priests and Captains how they might betray him unto them And they were glad and covenanted to give them mony who then promised and sought opportunity to betray him unto them in the absence of the multitude And since the innocent Birds are oftentimes easier catcht with silent and gentle snares than roaring Guns at first these Judasses thought to betray their Master with kisses courting his Majesty with high-flying Complements of Obedience and that they might make him believe them to be what indeed they were not they made many Oathes Protestations Vows and Covenants that they were his Graces most dutyful Subjects and desired to live no longer than to do his Majesty service But it seems they did but play the Fox speak fair only to get their prey for by these sophistical insinuations they charmed his Majesty and wrested from him divers marks of his Soveraignty they were intrusted with the Navy obteined a Triennial Parliament were acquitted of Ship-mony and other impositions and at length made themselves perpetual for his Majesty passed an Act not to Dissolve them without their consent So that they now wanted nothing but his Majesties life which to obtain they procured by their wickedness the Earl of Strafford's head to be cut off and many other Nobles which stood in their way which props being removed they thought they might with more ease pull down the Soveraignty of the King that these Negroes might make themselves compleat Devils they got the head of the Earl of Strafford others cutoff for committing Treason against the King whose head they afterwards intended to cut off for committing treason against them O incomparable villany What they made a capital offence in others they esteemed more than a Cardinal virtue in themselves It was High Treason in others to think to do the King any harm but it was a high piece of Godlinesse in them to cut off his head The Earl of Strafford must dye as a Traitour because they said he intended to levy warre against the Kings will But these Saints raised Armies to fight against his Majesties own person Levied warre against the King and Kingdome murthered the King and destroyed the whole Realm Yet forsooth they must be canonized as the only true servants of Jesus Christ and all those who speak against them they kill and massacre as if they had committed Treason and Blasphemy against the Almighty Nay the great offence against the Holy Ghost they esteem more pardonable than the least against them And as it now plainly appeareth to the world all their oaths vowes and protestations of obedience to the King and performing of their duty towards him were but preparations for their great wickednesse of murthering the King For as the Gunner when he laboureth to kill the innocent bird walketh gently and treadeth softly holding down his gun as if it was the least of his thoughts to shoot when he mindeth nothing more or as the greedy Huntsman stealeth upon the Hare or Deer looking another way untill he is gotten close by and then letteth out his bloudy hounds to take and kill his prey So these Vipers more wise than Serpents only to do mischief did steal upon the King and undermined him by cutting off his Nobles whom they knew would be true and trusty servants to him and then when they thought they had him within their reach They let fly their doggs the bloudy souldiers for this Judas the House of Commons then having received a band of men and officers from the chief Priests and Pharisees John 18.3 who first set them on work came forth with a great multitude with swords and staves Matth. 26.47 48. to take and kill their Soveraign Now they that betrayed him gave the souldiers a sign saying Whomsoever we have sworn to be the only supreme Governour in all causes and over all persons That same is he hold him fast In that same time said the King to the Multitude Are ye come out as against a thief with swords and staves for to take me I sate daily with you in the Parliament House making many good lawes and ye laid no hold on me But all this was done that their wickednesse might be fulfilled John 18.12 Then the band and the Captain and the Officers of these Jews took the King and led him away to their Council and contrary to all legal proceedings and
the due course of Law smote the Shepherd and so the sheep of the Protestant flock were all scattered abroad Bradshaw indeed that Pontius Pilate pressed the King very earnestly and by subtil and crafty inventions thought to have wrought upon the King to have submitted to their summa injuria their Arbitrary High Court of Injustice and pleaded So that his Example might have been urged as an irrefragable precedent against the lives and liberties of the whole Kingdome and that after ages might cite King Charles his case as an authority to kill Kings But the King foreseeing their delusive and abominable intentions rather than he would betray the lives and liberty of his free born subjects to the Arbitrary Lusts of these Tyrants told them of the great wickednesse they were about and shewed to his people how these Traitours endeavoured to inslave the whole Realm and so patiently suffered himself to be murdered dying a most true Martyr both for our Lawes and Religion but for plea he said nothing So Bradshaw more wicked than Pilate for instead of washing his hands he impudently bathed them in his Masters innocent blood gave the sentence of their wicked wills against him and delivered him over to the blood-thirsty to be crucified who spit upon him threw Tobacco pipes at him mocked him cryed out Away with him away with him Crucifie him Crucifie him cut off his Head with their wicked Engines and then cast lots for his Garments and Estate giving each Souldier a part But instead of writing over his head This is Charles the King of the Jews his true Title or rather the King of the Devils they writ over his head Exit Tyrannus Regum ultimus anno libertatis Angliae restitutae primo although in truth the best of Kings then went out and the greatest Tyranny under the Heavens then entred into our England comming far short of the Jews in all that is good but exceeding them in all wickednesse treachery perfidiousness and villany Now all this impious Council sought false witnesse against the King to put him to death but found none Therefore that they might do nothing without wickedness but proceed in all their Actions contrary almost to the very colour of Justice and make themselves the greatest and most illegal Tyrants that ever the world heard of they made themselves both Judges Jury Witness Party and Accuser in their own quarrel against the King For whereas by the Laws of the Land our gracious King alwayes made the Judges of the Land Arbitrators between his Subjects and himself in all cases from the lowest offence and trespass to the highest offence Crimen laesae Majestatis High Treason This Amalekite the House of Commons made part of themselves the Judges of the King who had committed the greatest Treason against the King and by the Laws of the Land deserved rather to hang at Tyburn than sit in the Chair of Justice likewise they made the Souldiers his Judges who professed themselves to be the Kings inveterate Enemies by their Remonstrances and Speeches and that they desired nothing more than his Blood and Life fought against him with their Guns and Swords Yet forsooth of this Hotchpotch of Traytors was their high Court of Justice made up Most of them being Collonels of the Army and other Souldiers who fought against him abroad and others Parliament men who conspired his ruine at home By the Laws of the Land it is a just exception to any Jury man who is to try the basest or poorest Felon and a legal challenge for which he must be withdrawn That he is a professed Enemy and Prosecutor who seeks his life and therefore no lawful nor indifferent tryer of him for it yet these bloody Butchers who professed themselves to be the Kings greatest Enemies and Prosecutors seeking after nothing so eagerly as the Kings life were both the Judges and Jury-men too to try the King Perjured O. Cromwell who then intended and afterwards effected to have the supreme power over these three Kingdoms was one of the Tryers to judge whether the King or himself with the rest of his brethren in iniquity deserved death and whether the King and his Royal Progeny ought not to be distroyed and Oliver and his stinking stock take possession O unparraleld lump of impiousness Aliquis non debet esse Judex in propria causà It is a Maxim in Law that no man ought to be Judge in his own cause Yet these villains made themselves the only Judge whether they committed Treason against the King or the King against them Nemo tenetur prodere seipsum No man is bound to accuse himself and it would have been a wonder indeed if these Rebels should have spoke the truth and said that they had committed high Treason against the King Therefore for fear the Law should punish them according to their deserts they thought good to prevent that mischief punish the King as they pleased according to their lusts And that they might make themselves the greatest Tyrants and the people the basest Slaves in the world they took upon them the Governing power which by Law only belongeth to the King 2. The Legislative power which likewise belongeth to the King with the concurrence of the upper and Lower House And 3. The Judicative power which belongeth to the Judges who are known Expositors and Dispencers of Law and Justice in all Causes brought before them So that these Trayterous Tyrants by their boundless and arbitrary wills put us to death when they please for what cause they please and take away our Estates when they see occasion And yet they have the impudence to tell us and many the sottishness to believe that the Parliament having the Supreme power doth all these villanies by Law O Abominable How these Tyrants mock the people with the name of a Parliament the Parliament consisteth of the King the head and about 600 of his Subjects and there were not above 50 or 60 of the Parliament who caused the King to be murthered and ruined his people yet these Schismaticks call themselves a Parliament and so having nothing good but their name Tyrannize over us They may as well say that the parings of the nailes of the toes are the whole man and have the power of all the other members as say that they are the Parliament or have any lawfull power they being nothing but the dregs and lees of the inferiour House from whom we must never expect any thing pleasing to any honest mans palate If the Parliament had power to depose the King yet what power can these few Gaol-Birds have who are scarce the tenth part of the Parliament and no Representatives of the People but only of their own Devilish ambitions By what authority do these Ignes fatui abolish Kingship and the House of Lords as dangedangerous and useless which all our Ancestors have found most profitable and glorious for our Kingdom These Currs have several times been kicked out of
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
is as much to say as Tenures de persona Regis because the head is the principal part of the body and the King is the head of the body of the Commonwealth Which Tenures brought many profits and commodities to the Crown which would be too tedious here to particularize and are a clear testimony of the Kings Soveraignty For no man can alien those lands which he holdeth in Capite without the Kings Licence if they doe the King is to have a fine for the contempt and may seise the land and retain it untill the fine be paid By example and in imitation of the King For Regis ad exemplum totus componitur orbis Did the Nobles and Gentry of this Nation to whom the King had given large portions of land grant out parcells of their land to their Servants and under-Tenants reserving such services and appointing such like Tenures as the King did to them as Homage Fealty c. whereof you may read plentifully in Littletons Tenures But their Tenants in doing Homage and Fealty to them did alwayes except the Faith which they did owe unto the King As in their making Homage appeareth viz. I become your man from this day forward of Life and Limb and of earthly worship and unto you shall be true and faithful and bear you faith for the Tenements I claim to hold of you saving the Faith that I owe unto our Soveraign Lord the King Though they Swore to become the men of and be true and faithfull to their Lords yet not so but that they still were the men of and ever would be true and faithful to the King their Soveraign who was Lord over their Lords and over the whole Realm Omnis homo debet fidem Domino suo de vita membris suis terreno honore observatione consilii sui per honestum utile salva fide Deo Terrae Principi Lib. Rub. cap. 55. We can oblige our selves to no men so deeply as to take away our allegiance and fidelity towards the King We must be for God and the King in all things all our actings and undertakings should tend to their Glory which would prove our greatest good and comfort Homagium Ligeum is only due unto the King the Law prohibiteth us to do Homage to any without making mention of this Homage due unto the Lord our King therefore we must not be opposite to or armed against him but both our lives and members must be ready for his defence because he is Soveraign Lord over all Co. Lit. 65. As the Conquerour did make all his Subjects Feudaries to him so likewise did he change our Lawes and Customes at his pleasure and brought in his own Country fashions which is the Common use of Conquerours He caused all Lawes to be written in his language and made what Lawes he thought meet Quod Principi placuerit legis habet vigorem whatsoever the King willed was the only law His fiat was as binding as an Act of Parliament and what he voted no man no not the whole Kingdome had power to dispute There was no question then made but that the King ought to have the Militia neither did any one think of much lesse deny him a Negative voice The Commons then thought it an high honour to look upon the Kings Majesty a farre off To sit and rule their families at home was all the Jurisdiction which they had or claimed They had not power to condemn one of their servants to death much lesse their Soveraign Lord the King from whom they then and we now have our being The King had not then made them so much as the Lower House nor ever did admit them to his Counsel The Lords their Masters were only deemed worâ—hy of this dignity for why Tractent fabrilâ—a fabri Let the Shepheard keep his sheep and the Hogheard keep his hogs and not meddle with the tuning of musical Instruments Though the Plow-man can drive and guide his horses well yet he would make an ill Pilot to steer a ship The Blacksmith may have skill to make a horse-shooe but he would rather marre than make a watch The Commons may make good Subjects but experience teacheth us they will rather destroy both King and Kingdome than reform or rectifie either Therefore the Kings of England did never admit the Commoners into their Counsels much lesse intrust them with the Legislative poâ—er For it is a Meridian truth that as before so from the Conquest until a great part of the Reign of Henry the third in whose dayes as some hold the writ for election of Knights was first framed the Barons and Prelâ—tes only made the Parliament or Common Council of the Realm whom the King convoked by his Royal Summons when he pleased Neither did the Council so convened consist of any certain number but of what number and of what persons the King vouchsafed Nay clear it is by the Lawes made in the Reign of Edward the first which was above two hundred yeares after the conquest that there was no certain persons or formed body whose consent was requisite to joyn with the King in making an act of Parliament but when the King conceived it fit to make a Law he called such persons as he thought most proper to be consulted with Indeed at the Coronation of Henry the first all the People of England were called by the King and Laws were then made but it was per Commune Concilium Baronum And that King and his Successours did not usually call the Commons but made Laws with the advice of which of their Subjects they pleased and as Sir Walter Rawleigh and others write the Commons with their Magna Charta had but bastard births being begotten by Usurpers and fostered by Rebellion for King Henry the first did but usurp the Kingdom and therefore to secure himself the better against Robert his eldest brother he Courted the Commons and granted them that Great Charter with Charta de foresta which King John confirmed upon the same grounds for he was also an Usurper Arthur Duke of Brittain being the undoubted heir of the Crown so the House of Commons and these Great Charters had their original from such that were Kings de facto not de jure But it maters not which of the Kings first instituted the House of Commons certain it is that long after the Conquerour its name was not so much as heard of in England but as it is apparent one of his Successours did form them and grant not to make Laws without their consent and by a Statute made 7 H. 4. the Writ of Summons now used was formed and by an other Act made 1 H. 5. direction is given who shall be chosen that is to say For Knights of the Shires Persons resiant in the County and for Cities and Boroughs Citizens and Burgesses dwelling there and Free-men of the same Cities and Boroughs and no other So that now by the
or Precinct to be holden there only and remove the Courts at Westminster to what place he pleaseth and adjourn the Terms as he sees cause this is book-Law 6. H. 7.9.6 Eli. Dier 226. But I pray what Law set up the new slaughter-house in England viz. the high Court of Justice Doubtlesse it was not the Kings Law and if not his Law it was no Law for England never heard of any other but the Kings Laws You have already heard that the King was before Parliaments that the King first instituted Parliaments not Parliaments the King that the House of Commons is but as it were of yesterday and that both Houses are nothing else but what the King made them Let us now see what the King did make them with what power this Idol the House of Commons is invested since they have nothing else to shew for what they are than the Kings Writ that being their Basis and only legal authority Take a view of the Writ The King to the Vicount or Sheriff Greeting WHereas by the advice and assent of our Counsell for certain arduous and urgent affairs concerning us the State and defence of our Kingdom of England and the Anglican Church We have ordained a certain Parliament of ours to be held at our City _____ the _____ day of _____ next ensuing and there to have conference and to treat with the Prelats Great-Men and Peers of our said Kingdom We command and strictly enjoyn you that making Proclamation at the next County Court after the receit of this our Writ to be holden the day and place aforesaid you cause two Knights girt with Swords the most fit and discreet of the County aforesaid and of every City of that County two Citizens of every Borough two Burgesses of the discreeter and most sufficient to be freely and indifferently chosen by them who shall be present at such Proclamation according to the Tenor of the Statute in that case made and provided and the names of the said Knights Cittizens and Burgesses so chosen to be inserted in certain Indentures to be then made between you and those that shall be present at such Election whether the parties so elected be present or absent and shall makâ— them to come at the said day and place so that the said Knights for themselves and for the County aforesaid and the Citizens and the Burgesses for themselves and the Cominalty of the said Cities and Burroughs may have severally from them full and sufficient power to do and to consent to those things which then by the favour of God shall there happen to be ordained by the Common Counsel of our said Kingdom concerning the businesse aforesaid So that the businesse may not by any means remain undone for want of such power or by reason of the improvident election of the aforesaid Knights Citizens and Burgesses But we will not in any case that you or any other Sheriff of our said Kingdome shall be eâ—ected And at the day and place aforesaid the said Election being made in a full County Court you shall certifie without delay to us in our Chancery under your Seal and the Seals of them which shall be present at that Election sending back unto us the other part of the Indenture aforesaid affiled to these presents together with the Writ Witnesse our self at Westminster This Writ is the foundation of the Parliament upon which the whole fabrick of their power and proceedings is grounded It is that which setteth up a Parliament Man and is the only Commission which distinguisheth him from another man for without that every man in the Kingdom hath equal right and authority to sit and vote in Parliament Now by Law no man ought to exceed his Commission Therefore if the Lords or Commons act beyond the bounds of their power limited in this Writ their only Commission they are transgressors and incur the punishment of Malefactors The Writ telleth you that both Houses are but as it were the production of the Privy Council for though the King ordaineth the Parliament yet it is by the advice and assent of his Council why then may not the Kings privy Council being prius tempore lay claim to the Soveraignty as well as his Common Council surely both have like right The Lords are only enabled by their call tâ— Conferr and Treat and that not without but with the King It is their Counsel to advise not their power to authorize which the King requireth For why had not the King ordained a certain Parliament to be and there to â—ave Conference and to treat with them they â—ad not come to give him Counsel and as they â—annot come but when the King commands them â—o neither can they chuse but come when the King â—oth command except the King excuse them â—nd being come they are but as Judge Jenkinsâ—ith â—ith Consiliarii non Praeceptores Counsellors â—or Commanders for to Counsel is not to Comâ—and They are only to advise not to controul â—r compel the King The Parliament is ordained â—y the â—ing as appeareth by the Writ only for â—ertain arduous and urgent affairs 1. Touching â—he King 2. The State of the Kingdom â— The defence of the Kingdom 4. The â—tate of the Church And 5. The â—efence of the same Church Though it â—e arduous yet not urgent occasion to destroy â—ingship To condemn the King to death and â—unishment is not touching the King but a Maleâ—ctor To kill the King is to destroy the kingdom â—ot to defend it and his death is the death of â—e Church and Religion O how have the Long â—arliament swarved from the true ends for â—hich Parliaments were ordained Indeed the Lords not as the upper House of â—arliament but as a distinct Court of the Kings Baâ—ns have power to reform erroneous judgeâ—ents given in the Kings Bench But there is first Petition of Right made to the King and his anâ—wer to it viz. Fiat Justitia The Court of Parliament is only the House of Lords where the King sitteth and they are his common-Counsel it belongs to them to receive all Petitions to advise his Majesty with their Counsel and to consent to what Laws the King shall make by their advice Not to speak of the qualities of the persons of the House of Commons being most of them to wit Citizens and Burgesses Tradesmen brought up in their Shops not in any University or Academy of Law and Learning and as fit to Govern and make Laws God wot as Cows are to dance The rest of them being Knights of Shires chosen commonly rather for their Mony than their Wit having greater wealth than head-pieces I pass from their education to the authority which the King vouchsafed to bestow upon them which is only what is contained in the Writ viz. facere consentire to do consent but to what Not unto such things which they shall ordain but unto such things which are ordained by the King and
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
for an Almes and by and by knock their Benefactor on the head and make themselves Masters of what they before entreated for And indeed the most part of their Villanies did commence with Petitions for in driving on their wicked designs they alwayes got the Rascal rable of the People to heap in Petitions for what they themselves set them upon as if these Godly Villains did nothing but what they were driven to through commiseration of the people when God knows they did nothing but what was for the satisfaction of their own wicked Lusts and Ambition For when the Souldiers and other baser sort of the people cryed out for Justice and Privilege of the Parliament Even then was the Injustice of these Rebels most promoted and the Parliament did not then only lose its privileges but its very life and being Thus Barbers may cut off the Head when they pretend to trim the Hair and so may Physicians destroy and kill the Body when they pretend to apply Medicines For as now it appeareth even to the blind their pious pretences were but a Colour for their wicked intentions to destroy both King and Parliament and root up all our Laws and Religion when they seemed to act most to preserve them Now since the power of Warr only belongeth unto the King it must of necessity follow that the King hath power to levy Taxes and impose Subsidies on his people to maintain the Warr otherwise it would be in vain to think of waging Warr for all Souldiers must have Vectigalia Food Apparel and Arms and where should the King have this but in his own Kingdom To be short it is a duty laid upon the Consciences of all Subjects to supply their King with all necessaries both in time of Warr and Peace And a thing commanded both by our Saviour and his Apostles Render unto Caesar the things which are Caesars And 13 Rom. Render therefore to all their due Tribute to whom Tribute is due Custom to whom Custom Fear to whom Fear Honour to whom Honour But our Antipodes subverting all Scripture render to no man their dues and that they may act contrary to the very words and meaning of every Text They do not render Tribute Custom Fear and Honour to the King to whom it is only due but forsooth to themselves to whom it is not due So may the Servant murther his Master and take all his Revenues and Honour as due only to himself He which argueth that the King hath not right to chuse his Privy Counsellors Great Officers and Judges c. will likewise say that the Master hath not right to chuse his Servants it being the practice of all Kingdoms as well as of England and due to him by the Law of Nature Thou shalt provide out of the People able Men saith Jethro to Moses when the 70. grand Senators of Israel the Great Sanhedrim of the Jews were to be chosen By which you see the great Officers c. are to be chosen out of and not by the people but by the King So Pharoah not the people made Joseph Ruler over all the Land of Aegypt and Nebuchadnezzar and not his people made Daniel Ruler over the whole Province of Babylon And since our Lawyers are so forward to take Commissions and be made Judges by every power which getteth uppermost be it right or wrong Let me tell them that it is an undoubted truth that every person who hath been since the murther of Charls the Martyr or shall hereafter without the authority of Charls the second be condemned and executed for any Crime whether guilty or not guilty in the Kings Bench or at the Assizes or elsewhere is murthered and all the Judgments acts and proceedings of those nominal Judges or Commissioners are void as things done Coram non judice So that it consequently followeth that these lawless Judges are principals in every murther so committed Vengeance only belongeth unto God Deu. 32.35 The King is the Minister of God a Reuenger to execute wrath upon him that doth evil Therfore whosoever prosecuteth in the Kings Courts against the life of any man as in an Appeal c. or sueth for recompence for any wrong done unto him he doth not take vengeance but God who executeth his wrath by his Minister the King But if any private man or the whole people take upon them to make themselves their own Carvers taking what recompence they think fit either against the King or any of their fellow Subjects in this case they make themselves their own Revengers and rob God of his rights for vengeance belongeth to him not to them Therefore if any man though in a way of publick Justice take upon him to condemn and execute any man without authority and power from the King he is a Murtherer and malicious Revenger upon whom the vengeance of God whom he endeavoureth to cheat and rob will fall Oh then admire and bewail the Infandous Murthers and Murtherers of our age wherein the good are destroyed for performing their duty towards God and their King and the wicked flowrish only because they are sinfull for whosoever will not be a Rebel must not be a Common-wealths-man amongst these new Republicans Yet forsooth they have such a form of Godlinesse amongst them that whosoever doth not approve of their wickednesse but speaketh of their actions according to their deserts they call such men the ungodly and flatter themselves saying the Saints of all ages have been spoken evil of by the wicked holy David nay our Saviour and his Disciples were reviled by the Reprobate therfore no wonder if the Malignant Cavaleers do reproach and vilifie our piousness and brotherly love and charity one towards the other So Belzebub may call them impious who do not account him the only good Angell How these men would be esteemed most Religious even when they commit Sacrilege and seem righteous even in the very act of wickednesse They murther many and take away the Estates of all Royalists yet if the Royalists whom they have thus spoyled tell them according to Gods Commandments that they ought not to be swift to shed blood nor covet their neighbours goods these Saints presently tell them that they have not the Spirit of Godliness in them but that they are the abusers of Gods word and his Children as if Gods Spirit gave them authority to act wickedly and that none but they were the children of God who had got their wealth by murther rapine and sacrilege O Monstrous If you call their ill gotten Government Tyranny or Usurpation they number you amongst those filthy Dreamers who speak evil of Dignities and will noâ— submit to lawfull authority Yet these Antipodes could revile their Soveraign the King with multitudes of scurrilous Pamplets cut off his head and banish his Royal Progeny taking away their Lands and the Estates of thousands more yet they would make one believe that they never spoke evil of Dignities nor ever resisted lawfull
their free will and pleasure So that the peoples Representatives must represent these Traytors in all their wickednesse otherwise they shall be no free-Statesmen for they account that Government most for the liberty of the people wherein themselves may have liberty still to continue in their Treason Rebellion and that they call slavery and oppression of the people which would suppresse their wicked and infandous Tyranny All the reason which they can give against Monarchy is because say they many of the people would lose their interests in their new purchased estates and we should be turned out of our possessions and perhaps lose our lives too A good argument indeed if maintained by the Logick of the sword So thieves and murtherers may argue against the Sessions because then perhaps they should lose their stollen goods and be hanged for their murthers and robberies O abominable that English men should degenerate into such impious impudence for this is the truth of their case might they but still have the Kings and Bishops lands which they have gotten by their horrible Treason and Rebellion and be sure to live secure from the punishment which the Law of the Land would inflict upon them they would easily confesse if the Devil have not made them contradictors of all manner of truth that Monarchy is the best of all Governments especially for the English Nation where as one may say it grew by nature until these destroyers of the Lawes of God Nature and the Realm rooted it up and endeavoured to plant their fancied Commonwealth in its room which will grow there when plums grow in the sky or when rocks grow in the air not before as you may see by the small root it hath taken ever since the reign of Charles the Martyr Dig and delve they may yet they will never set it in so fast but that if the right heir do not which God grant he soon may the wind and ambition of some one of their own sect and faction will quickly blow it down as did Oliver the wicked c. As Monarchy is the best sort of all govetnments so the Monarchy of England is the best of all Monarchies and hath in it the perfection and all that is good either in Aristocracy Democracy or Free-State For every one knoweth that Charles the Martyr though a King yet alwayes made himself a subject to his lawes accounting his prerogative safer being locked up in the custody of the law than in the absolutenesse of his own will And what lawes of any Nation in the world did ever maintain the liberty and freedome of the people more than the Kings Lawes of England I may most truly answer none more nor so much for what greater freedome can the people wish for than not to have any lawes imposed on them than what they please and desire The Kings of England never make any law but what the people consent to the Lords and Commons have a Negative voice as well as the King Although the inferiour Members receive all their authority from the head yet cannot the head act without their consent and privity so neither â—oth the King impose any lawes on his subjects without their concurrence and approbation The House of Lords resembleth Aristocracy and the House of Commons Democracy or a free State yet the King like the Sun which doth not diminish its own light by giving light to others continueth stil a royal Monarch and without any Solecism in State I may truly say that the House of Lords did excel Aristocracy and the House of Commons Democracy in preserving the Peoples rights and wel-fare because the necessity of their joyning votes each with the other and both of them with the King in making of a Law did inhibit either of them from having an unlimited arbitrary power which either of them without the other would have and so enslave the People as the House of Commons now do according to their lusts having destroyed their Master the King and the House of Lords their Moderators Whilest the King Lords and Commons like the three Graces joined hand in hand in passing votes approved by this triple touchstone then were our Laws like Gold seven times refined which made our Nation most glorious abroad and to overflow with peace and plenty at home we were then feared not derided by all forein Kings and Princes Religion not Faction then reigned in our hearts and our industry was then to preserve not to destroy Gods Sanctuary But now since the hand hath said to the eye I have no need of thee and the feet to the head I have no need of you the whole body of our Kingdom hath groaned and every Member therof as with a Consumption is wasted and grieved The Crown is fallen from our head and we are become a reproach and hissing amongst all Nations Oh therfore to redeem our credit and long lost happiness Let us all unanimously agree to be loyal Subjects to Charls our King and let all his loyal Subjects pray for and earnestly desire his safe arrival into our England that we may once more eat the Manna of our old Laws and Religion with the sweetnesse wherof we surfeited in the reign of Charls the Martyr Then shall we beat our Swords into plow-shares and our Spears into pruning hookes faction shall not rise up against faction neither shall we learn war any more For if we be willing and obedient we shall eat the good of the Land Isa 1 19. Hor. Concines laetosque dies urbis Publicum ludum super impetrato Fortis Augusti reditu forumque litibus orbum Tum meae si quid loquor audiendum Vocis accedet bona pars O Sol Pulcher O laudande canam recepto Cáesare falix Tuque dum procedis Io triumphe Non semel dicemus Io triumphe Civitas omnis dabimusque divis Thura benâ—s Then shall we sing the publick plays For his return and holy days For our Prayers heard and Law 's restor'd From Rebels Sword Then I if I may then be heard Happy in my regained Lord Will joyn ' i th' close and O! I le say O Sun-shine day The City leading wee 'l all sing Io triumph and agin Io triumph at each turning Incense burning Thus when we have received our gracious Soveraign from his long unnatural banishment what then can the Lord do more for us that he hath not done Wherefore when he looketh that we should bring forth good grapes let us take heed that we do not bring forth wild grapes let us fear God and honour the King and meddle not with them that are given to change as God hath commanded us for if we refuse and rebel we shall be devoured with the Sword for the mouth of the Lord hath spoken it and so our last rebellion will be worse for us then the first General Monk hath amply repaired his honour which he lost by pulling down the City Gates and Perculisses and
square Without proportion all his actions are Is Fortune regent that doth blinded go And with unequal hands her gifts bestow Powr acts by will and will without restraint Doth what ambition teacheth and the Saint Is banish't from the Court Oh horrid times When Vertue bears the punishment of Crimes And Wolves pretending harmlesnesse bear sway Forcing the Britains blindly to obey But pious Ah in vain for Gold they hast To th' Indies True Religion is not plac't In Wealth or Fortune surely Heaven denyes Goodness to bad though prosperous treacheries Who were the fiâ—st that brought their private wealth For publick Treasure as 't were by stealth Made that the lure to sin Who first found Gold And Pearls not willing to be known from Mould Before that time no jealousies and fears No dayly Plots appear'd no widows tears Were seen for staughter'd Husbands no mad rage Of civil war corrupted had the age No Sword was sharpen'd yet against its King But uncorrupted Faith did duely bring The People to the Prince with loving zeal Blest Omens of a happy Commonweal The warlike Trumpet was not yet no blood The Wearer or his Arms had yet embrew'd The Sea was rugged free the shore All were contented with a little store They did possess the greatest of their boast Was to have seen and known their proper coast But now both Sea and Land are grown too smal To feed our base ambitious minds withal Desire to have and get burns now more fierce Then Aetnae's flames renown'd by Virgils verse Stands ought it 'h way death shall remove the stock We can bring Kings themselves unto the block If such may be their fate O dearest God How dreadfull are thy Laws how sharp thy rod Alas fool that I was I once had thought That just which now I see is vain and nought Caesar though oft forewarn'd at last was slain By his own Subjects a rebellious trayn But great Augustus on the factious head Of most revenged Caesar murthered But Ah! for Martyr'd Charls what man or State Will vengeance seek before it be too late O come Great God we pray thee at the length For without thee vain is our help or strength Let Charls the second in thy care be chief Guard him and give to his Affairs relief Preserve him safe and when he will demand His right from English Rebels guide his hand Make them to know that thou dost Rule on high Strike them with Lightning from the thundring Sky Revenge his Fathers guiltlesse death on them While there remains or Root or Branch or Stem But whether now my Muse where wilt thou croud Among the Shrubs it fits me best to shroud And not to climb the Cedar proud and tall Lest while I seek to rise I climb to fall Honor or Hopes calls most men to the Court Where one being wrought on by the great resort Is straightway struck and shortly hopes to be Seen in the City in full Majestie Another with much labour toyl and pain Would fain climb high but all his labour 's vain This courts Gemmes and Gold nor th'Indians can Nor Europe sate the hunger of this man Nor fertile Lybiâ—s plentifullest store But as he gets so still he covers more Another to the people shews his tayl Boasts his descent that so he may prevayl To draw the Fish into his Net and there Another for his valour doth appear And in the Publique place himself presents Spoyls of his Foes his new got Ornaments A rustick shepherds life doth laugh on me More sweet than all the lives that be I in my meaner way great things deride For why I know the vales have seldome try'd The force of thundring Jove when mountains high Have trembled at his threatning Majesty The meat and drink purchas 't by me is not Bought with the treasure of much goods ill got My sleep's unguarded I fear not to dye But in my little cot securely lye Not troubled with the noise of men or drums No trumpet there or horseman ever comes Oft when I rife I sit a little while Upon my fragrant bed of Camomile The Strawberries that in the thickets thrive My faintest hunger serve away to drive And pleasant apples as my Grandsire first So do they serve to quench my greatest thirst While Great ones drink in gold poison and blood I drink clear water out of wholsome wood Thus do I passe my time harmlesse to all But birds for whom I make some new pit-fall Thus stranger to the world yet to my self Known shall I dye and leave this worldly pelf But Sol withdrawing the approaching night And Starres appearing do to sleep invite READER ACcept these lines which I have plainly writ Though not adorn'd with curious Art or wit And thou shalt be my Patron at whose beck My Muse shall hoist her sailes or give them check So may I chance hereafter to relate Some things more solid and of greater weight And as our Palat's pleas'd with various fare So is our mind with studies choice and rare All things have changes ev'n the Law it self May lye and gather cob-webs on the shelf Though they be thine grave Cook who didst revise And mend the same or Plowden grave and wise But I love various learning and so do Make it my study and my pastime too And thus while others play at Cards or Drink Away their time I on Apollo think And pray his favour that he will admit Me from the Muses fount to sip some wit 1659. Yours in all officiousnesse and Love most obliged FINIS St. Pauls Jo. 18.37 * Nam quis iniqui Tam patiens orbis tam ferreus ut teneat se * A good Remedy but a bad Cure * The Rump c. * The Rump * Qui Curies simulant Bacchanalia vivunt O the venome of a perpetual Parliament 1 Chron. 21.13 Paradox 4. Res publica signifyeth a whore Quid prodest tibi nomen usurpare alieâ—um vocari quod non es (a) Note Reader that this Chaos of Religions hath justed the true Protestant Religion out of doors so have I seen a flower kill'd by the multitude of weeds and a Lamb destroyed by a number of Woolves a Bradshaw when he tempted the King alias at the Kings tryal but rather his Temptation a He will first suffer himself to be murthered at his own door as was Charls the I. Psa 72.1 Psa 2.12 Eccles 8.23 Zecha 9.9 Isa 49.23 Rev. 1.6 Hos 7.3 Prov. 29.4 Prov. 16.12 Prov 31.4 Prov. 29.2 1 Sam. 15.23 Prov. 17.11 Isa 1 2â— Josh 22.19 Mark 15.18 John 19.15 Mat. 21.38 Mat. 10.23 Rom 13.5 Jude 1.8 10 11. 2 Pet. 2.10 11. Hor. Ode 24. Ambrosius in Orat. contra Auxen Tom 5. 2 Kings 6 32. (a) witness the resolution of all the Judges in England in the reign of Charls the I. c. For suppose that the Parliament turn Traytors and Rebel against the King as did the long Parliament Is it not profitable for the people
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
authority O pious Rebels So far are our Laws of England from allowing Subjects to take up arms against the King or to condemn execute him that it is high treason for any one or all of his Subjects but to imagine the Kings death which the wisdom and Religion of our Realm hath from age to age so much hated and abhorred that an offender therin by the Laws of the Land shall be hanged and cut down alive his bowels shall be cut off and burned in his sight his head shall be severed from his body his quarters shall be divided asunder and disposed at the Kings pleasure and made food for the birds of the air or the beasts of the Field and his wife and children shall be thrust out of his house and livings his seed and blood shall be corrupted his Lands and goods shall be confiscated and as by the Statute of 29 H. 6.1 It is ordained of the Traytor John Cade hee shall be called a false Traytor for ever But the Traytors against Charls the Martyr have prevented this punishment most due to them by the greatnesse of their villanies Yet though they are got out of the reach of Justice and trample our Laws and King under their feet let them remember that God is above Earth and will give them their reward if not in this world yet in the world to come The aforesaid Statute of 25 Ed. 3. as you may read in Pulton de pace Regis Regni fo 108. doth confirm it to be high treason for any person to compasse or imagine the death of our Soveraign Lord the King the Queen c. by which words it doth approve what a great regard and reverend respect the Common Law hath alwayes had to the person of the King which it hath endeavoured religiously and carefully to preserve as a thing consecrated by Almighty God and by him ordained to be the head health and wealth of the Kingdom and therefore it hath ingrafted a deep and settled fear in the hearts of all sorts of Subjects to offer violence or force unto it under the pain of High Treason insomuch as if he that â—s Non Compos Mentis do kill or attempt to kill the King it shall be adjudged in him High Treason though if he do commit petit Treason homicide or larceny it shall not be imputed unto him as Felony for that he knew not what he did neither had he malice prepensed not a felonious intent And this law doth not only restrain all persons from laying violent hands upon the person of the King but also by prevention it doth inhibit them so much as to compasse or imagine or to devise or think in their hearts to cut off by violent or untimely death the life of the King Queen c. for the only compassing or imagination without bringing it to effect is High Treason because that compassing and imagination doth proceed from false and traiterous hearts and out of cruel bloudy and murdering minds Thus you see with what reverence our Lawes do adore his sacred Majesty our King detesting nothing more than the violence or dammage offered to him yet forsooth the Rebels affirm they killed the King by the Common Law and why by the Common Law what because the Commons made it surely that is all the reason for there is no law under the Heavens which warranteth Subjects to kill their King but all lawes both humane and divine command the contrary Many are the publick oaths as you may read in Mr. Prynne's Concordia discors protestations leagues covenants which all English Subjects especially Judges Justices Sheriffs Mayors Ministers Lawyers Graduates Members of the House of Commons and all publick officers whatsoever by the Lawes and Statutes of the land have formerly taken to their lawful hereditary Kings their heirs and successors to bind their souls and consciences to bear constant faith allegiance obedience and dutiful subjection to them and to defend their Persons Crowns and just royal Prerogatives with their lives members and fortunes against all attempts conspiracies and innovations whatsoever But since all those sacred oaths have been trayterously violated and broken by the Rebels against Charles the Martyr I will only present you with the effect of the Oath of Allegiance which every one is to take when he is of the age of twelve years and this oath was instituted in the time of King Calvin's Case fo 7. Co. Lit. fo 68.172 You shall swear that from this day forward you shall be true and faithful to our Soverain Lord King Charles and his heirs and truth and faith shall bear of life and member and terrene honour and you shall neither know nor hear of any ill or dammage intended unto him that you shall not defend So help you Almighty God The substance and effect of this oath as it is resolved and proved in Calvin's case is due to the King by the law of Nature and is called Ligeantia naturalis being an incident inseparable to every Subject for so soon as he is born he oweth by birth-right ligeance and obedience to his Soveraign and therefore the King is called in his Statutes our natural liege Lord and his people natural liege Subjects But Ligeantia legalis is so called because the Municipal Laws of this Realm have prescribed the order and form of it None can deny but that obedience is due from the Son to the Father by the Law of Nature yet may the Municipal Laws of the Realm prescribe formality and order to it not diminishing the substance So likewise may they to the Allegiance due by nature to the King Thus have you seen how the English Trayterous Rebells contrary to all the Laws of God the Law of Nature the Law of Nations the Laws of our Realm and against the foundation of Christian Religion have by an unheard of example most wickedly murthered as a common Thief and vile vassal of the people condemned their gracious King whose name from the very beginning of the world hath ever been esteemed amongst all Nations great and holy whom the Prophets and Apostles nay our Saviour himself and all the Primitive Christians both with their lives death examples and Doctrine have taught and commanded us to reverence and pray for and to be subject to not violently to resist him though he violently persecute us whom God himself in his old and new Testament hath declared to be constituted by him and reign by him not by the People and particularly whom our fore-Fathers of this Realm of England have always accounted sacred and ever found by experience Kingly Government to be most glorious and profitable for them yet these forty or fifty Tyrannical Rebels contrary even to common sense and feeling upholding themselves by Force and Arms Treason and Usurpation do sit and Vote Kingship dangerous and burthensom to the good people of this Common-wealth when in the mean time out Merchants turn Bankrupts our Tradesmen break Food groweth