TRANSCENDENT AND MVLTIPLIED REBELLION AND TREASON DISCOVERED By the Lawes of the Land I had not known Sinne but by the Law 8. Rom. 7. Let our strength be the Law of Justice for that which is feeble is found to be nothing worth Therefore let us lye in Wait for the Righteous because he is not for our turne and he is cleane contrary to our doings he upbraideth us with our offending the Law Wisd. 2. 11. 12. Am I your Enemy because I tell you the truth 4. Gal. 16. Anno 1645. READER INstead of an Epistle thou shalt have my resolution concerning some particulars principally agitated at this time and necessary to be premised 1. Concerning Politicall and Regall Authority and Power and the Author thereof Politicall Authority is the power which the Supreame Magistrate hath over mens Persons and Estates over their Lives and Fortunes and such is the power of a King in his Kingdom And that power with us is to be exercised by the King according to the Lawes of the Land The originall thereof is from God who is the only Potentate The King of Kings and Lord of Lords 1. Tim. 6. 15. and from none other Men or Angells For the Creatures generally are under the Commandements Thou shalt not kill Thou shalt not steale And then cannot by any Authority of their owne warrant any man to take away anothers Life without Murther nor his Estate without Theft Only God who is the Lord of Life and Death the Lord Possessor of Heaven and Earth the Creator of all things and therefore hath a Naturall Dominion over all can Authorize in these cases And he gives this Authority to Kings and other supreame Magistrates his Vicegerents and Deputies here on earth for the administration of Iustice and for the effectuall Restraint of Sinne and Vice by the utmost of Corporall and temporall punishments and for the maintenance of Order and Government amongst men And so the Apostle tells us That there is no Power but of God Rom. 13. 1. And in the Scripture Kings are called Gods Annointed Annointed with power as the Holy Ghost phraseth it Act. 10. 38. Yea they have the Compellation of God himselfe because saith Mr Perkins they partake of his Power in their Authority and of his glory in their Majesty And Daniell tells us thrice in one Chapter That the Kingdomes also are Gods and he giveth them to whom he will 4. Dan. 17. 25. 32. For instance 't is by the Grace of God that our Soveraigne Lord Charles is King of England Scotland c. And in these Kingdomes He constitutes Governours also as he will either by His own Nomination or by Naturall Generation or by the Peoples Election I know that too to the end Popes might usurp power over Kings 't is the Tenent of the Papists and of the Parliament party That the King hath his power from the People and that they may reassume it But this Opinion is founded in Blasphemy loosens the bonds of Loyalty advanceth Popular insolency leads on to Rebellion and ends in Anarchy and Confusion And in truth all the People doe in this case or can doe is this They may in Order to the Divine disposition of things and in some tlaces they doe not without Gods especiall Inclination and direction elect such a one to be their King but they doe not they cannot invest him with Royall Authority and power which he hath from God alone at his Inauguration or first entrance upon his Kingly Office according to that Commission Dixi Dii estis I have said ye are Gods Psal. 82. 6. As in Corporations the Inhabitants doe elect the Major but they doe not conferre on him his Authority which he hath from the Kings Charter only investing him with such power and giving them power also of electing him which they could not have done without speciall Licence from the King And as it is of the Kings singular favour and indulgence that they chose their Governour And as for all their Elections the Major is Minister Regis the Kings Minister constituted in Authority by and under him in that Corporation to represent his Person and to discharge his Offices So it is between God the King and People in poynt of Election and Ministration And as God constituteth every Supream Governour so doth he every kind of Government in the World according to the Confession of the Church of Scotland delivered in these following words We confesse and acknowledge Empires Kingdomes Dominions and Citties to be distincted and ordained by God the Powers and Authorities in the same be it of Emperours in their Empires Kings in their Realmes Dukes and Princes in their Dominions and of other Magistrates in their Citties to be Gods holy Ordinance ordained for the manifestation of his owne glory and for the singular profit and commodity of mankind So that whosoever goeth about to take away or confound the whole State of Cavill Policies now long established we affirme the same men not only to be enemies to mankind but also wickedly to fight against Gods expressed will And hitherto appertaineth that Maxime Qui introducit mala peccat contra voluntatem Dei revelatam in verbo qui nova introducit peccat contra voluntatem Dei revelatam in factis He that introduceth evill things sinneth against the will of God revealed in his word and he that introduceth new things sinneth against the will of God revealed in his workes 2. Concerning the Kings Negative Vote in Parliament which the two Houses would utterly overthrow And to that end they alledge the forme of an Oath in Hen the fourths time which they say the Kings of England usually took at their Coronation and whereby they promise to protect the Lawes and to Corroborate such as the People shall chuse quas vulgus juste rationabiliter elegerit as it is rendred Rot. claus. 1. R. 2. nu 44. which the people shall chuse justly and reasonably And such was not the first controverted Bill of the Militia for it was both unjust to take the Kings Power from him and unreasonable because without the Militia he cannot according to his Oath protect the Lawes And the true sence of that branch of the Oath is expressed by that forme used at the Coronation of Edw the sixth Doe you grant to make no new Lawes but such as shall be to the honour of God and to the good of the Common-wealth and that the same shall be made by the consent of your People as hath been accustomed So that branch in the Kings Oath To Corroborate such Lawes as the People shall chuse must not be understood universally That the King is sworne to passe all those Lawes that the People shall chuse but restrictively that he shall enact only such Lawes as the People have chosen and none other And it is only a restraint and limitation of that absolutenes in Law-making exercised by the Kings of England formerly from which
they receded by degrees using first the advice of the Bishops and Barons in making their Lawes and afterward their Consents also then not their advice and consent only but also the advice and consent of the Commons also And hitherto doth the clause in the Oath relate To the end that no Law not agreeing with the Interest of every of the three formall parts of the Kingdome might passe to the maiming and enfeebling of the established frame of the Kingdome And these formes in Rich 2. and Edw 6. are cited by the Lords and Commons in their Remonstrance 2. Novem. 1642. 3. Concerning the Kings Councells Beside his great Councell the Lords and Commons in Parliament The Law takes notice of the Kings Power to Sweare unto himselfe a body of Councell of State which our Lawes call sometimes his Grand Councell and to sweare unto him all Councellors at Law even the Judges and others learned in the Law those to advise him in matters of State these in matters of Justice And hence is that Maxime in Law The King can do no wrong if any ill be committed in matters of State the Councell if in matters of Justice the Judges must answer for it And it will be very preposterous to make the two Houses of Parliament the Kings only Councellors in these cases if things shall be managed by the major part of the House of Commons as now they are for that House hath not in it an hundred Knights of the Shires and three or foure hundred Citizens and Burgesses which may be all Mechanicks and so unfit Councellors in those cases And who with the help of the Tumultuous People about London may deale with the King and Nobles and Gentry as they please And because the two Houses are a numerous body and the King a single Person therefore to counterpoise them doth the Law expresse the King hath a Councell of State and Councellors at Law faithfully to advise him in his Government that be may neither doe nor receive any wrong especially in Parliament where the wrong may be perpetuall How unjust then and unreasonable is it at this time to debarre or remove those Councellors from His Majesty and to expresse no legall cause against them to which the King hath ever submitted them 4. Concerning the Tumults raised and countenanced this Parliament whereof if any man doubt let him consider 1. That multitudes of People went to Westminster with Clubs and Swords crying No Bishops No Bishops 2. That they assaulted the Bishops and would not suffer them to come to and sit in the House of Lords 3. That upon the Complaint of the Bishops the House of Lords twice moved the House of Commons to joyne with them in an order against Tumults 4. That the Lords having in vaine tryed that way upon the advice of the Judges sent a Writ to the Sheriffe and Justices for setting watch and ward and hindring all Tumultuous Resort to Westminster And for it one of the Justices was sent to the Tower by the House of Commons 5. That they assaulted and evill entreated some of the Members of the House of Commons as Sir Iohn Strangswayes who also complained of them in the House 6. That Mr Kyrton a Member of the House of Commons offered proofe to the same House that Captaine Venne severall times sent and sollicited the People to come downe out of the City of London with Swords and Pistolls when he had told them or sent them word by his Wife that the worser Party was like to have the better of the good Party 7. That Decemb 31. His Majesty sent a Message to the Lord Major of London for endeavouring to suppresse the like Tumults and that at a Common-Councell held that day the Lord Major and Aldermen found that there had been Tumultuons and Riotons Assemblies spread day and night in the City c. 8. That Jan. 31. The poore People about London preferred a desperate Petition to the House of Commons against some of the House of Lords whereof in its due place Now by the ancient Law and custome of the Parliament a Proclamation ought to be made in Westminster in the beginning of the Parliament That no man upon paine to loose all that he hath should during the Parliament in London Westminster or the Suburbs c. weare any Privy Coate of Plate or goe armed during the Parliament and the reason hereof was that the high Court of Parliament should not thereby be disturbed nor the Members thereof which are to attend the arduous and urgent businesse of the Church and Common-wealth should be withdrawne Cook 4. part Instit. l. 1. of the high Court of Parliament 5. Concerning the Cause of the Warre on the Parliament side Sometimes it is pretended that the first Army was raised to fetch in Refractory Delinquents and to bring them to coudigne punishment But who are those Delinquents Such as apply themselves to the King and were ready to assist him in the Recovery of his Rights taken from him his Magazine at Hull the Power of the Militia the disposition of the Forts and Castles his Navy c. As for other Delinquents His Majesty left them to their Justice at the beginning of the Parliament And they proceeded against whom they pleased The Earle of Strafford and the Arch-bishop of Canterbury but whether they or their Judges proved Delinquents most men now know And yet they spared whom they pleased in Relation to their Designe as the Lord Privy Seale c. Againe as those Delinquents were of their owne making so the necessity of raising an Army to bring them in was from themselves for whereas that is done ordinarily by the Posse Comitatus they had dissolved it by their Vote 15. March 1641. That the severall Commissions granted under the Great Seale to the Lievtenants of the severall Counties are illegall and voyd Though such Commissions had been in use during the Reignes of King Iames and Queene Elizabeth of blessed Memory and the ordering of the Militia had been ever in the Crowne And the Crown hath its Customes as well as the Subject his and not to be violated by the Subject So then Armes were taken up not in a judiciary way to force Delinquents properly so called and to punish offenders against Law but in the way of State Policy to subdue the Kings friends and their opposites not to doe Justice but to promote their designes Againe sometimes it is pretended that the King indeavoured to bring in Popery and Tyrannie and that they were forced to take up Armes for the defence of our Religion and Liberty But our Liberties were all asserted by severall Acts passed at the beginning of the Parliament And before Armes were taken up His Majesty had promised to enact whatsoever they did desire against Jesuits Preists Papists and Popery as appeares by His Declaration Iun. 2. And to secure our Liberties and Religion and the whole Kingdome before Armes
by their preaching and writing to corrupt the judgement of the people and to take off the bonds of Conscience towards His Majesty and to draw the Peoples hearts from the King and to set discord between him and them whereby they should leave him and rise up against him And this is the scope of the Remonstrance published Decemb 15. 1641. The Peoples judgement thus corrupted and their hearts not only alienated from but also set against the King they run head long into Rebellion and first those about London conspire and goe in multitudes to Westminster with Swords and Clubs and with Clamours they revive and presse the matter of the Bill against Bishops formerly rejected And they menace affront assault and chase the Bishops then actuall Members of Parliament so that they could not sit and Vote in the House of Peers and they proclaimed the names of others of the Peers as evill and rotten-hearted Lords And they assault and evill entreat those of the House of Commons who they supposed favoured the Bishops and had Voted against their Bills and against their designe as Sir John Strangswayes c. And as they passe and repasse through the streets they utter seditious and traiterous words against the King and His Government Hereupon His Majesty exhibited Articles of High Treason against the Lord Kimbolton and the five Members the Ring-leaders in this Rebellion For endeavouring to subvert the Fundamentall Lawes and Government of the Kingdome and to deprive the King of his Legall Power and to place on Subject an Arbitrary and Tyrannicall Power For endeavouring by many foule Aspersions upon his Majesty and his Government to alienate the affection of his People and to make his Majesty odious to them For endeavouring to subvert the very Rights and being of Parliaments and as farre as in them lay by force and terrour to compell the Parliament to joyne with them in their designe But the accused Members shelter themselves under the Priviledge of Parliament though it be a maxime in Law that in case of Treason Priviledge of Parliament doth not extend is of no signification and by the power and protection of the City of London and the Counties adjacent And now they begin to put themselves actually into the strength of the Kingdom and they dispose order the Militia of the City of London under the Command of Major Generall skippon and seize on his Majesties Magazine at Hull and commit the custodie of it to Sir John Hotham And the House of Commons Petition His Majesty that the Militia of the whole Kingdome may be in such hands as they should confide in and when the major part of the Lords would not concurre with them the poore people in and about London come in a tumultuous manner to Westminster and they revive presse the matter of Sir Arthur Hasterigges Bill for the Militia formerly reiected and Petition the House of Commons against those Lords as Malignants and disturbers of the peace and desire to have their names declared and threaten to remove them Jan. 31. So they withdrew and the Militia was carried by the remaining party of the Lords In Feb and March they settle the Militia of the whole Kingdome by an Ordinance excluding His Maiesty from any power in the disposition or execution of it In Aprill they possesse themselves of the Navy-Royall And having put themselves into the strength of the Kingdom they seek to overrule the Royall will and power of the King by declaring against his Negative Vote in Parliament May 26. And to compell the King to governe otherwise then according to his Royall Authority and directions as appeares by the 19 Propositions tendred to His Maiesty Jun. 2. And upon His Maiesties Refusall of those Propositions according to the Latitude of their desires they raise an Army Iun. 10. Though His Majesty by his Declaration in answer to those Propositions which concern Religion revives and renews His promises made formerly viz. Decemb. 1. 15. to remove all illegall Innovations and to call a Nationall Synod and to abolish Offensive Ceremonies professing himselfe also willing to a Reformation of the Government and Liturgy of the Church according to His Message sent to both Houses Feb. 14. And though in Answer to the Propositions which concern the choyce of Privy-Councellors and other great Officers of State c. His Majesty promised that He would be carefull to make election of such Persons in those places of Trust as have given good testimony of their Ability and Integrity and against whom there can be no just cause of exception And that if He should be mistaken in His election and they should offend in their severall places He would leave them to the Iustice of the Law to be executed every Trienniall Parliament at the least shewing moreover that if the two Houses of Parliament should have the power of electing them great Factions animosities and divisions would follow thereupon both in the Houses themselves and between the two Houses and in the Severall Counties also Lastly touching the other Propositions though His Majesty had fully declared and shewed that they tended to the depriving Him of the Power of Protecting His People and the Lawes which He is sworne to maintain And to the very deposing of Him and of His Posterity and to the utter overthrow of that Ancient happy equall and well-poysed constitution of the Government of this Kingdome and to the overthrow and ruine of the Kingdome it selfe by destroying Monarchy and therewith Vnity by introducing Aristocracy and Division with it and Democracy and with it Tumults Violence and Licentiousnesse Though the King I say in His Answer to their Propositions had declared promised and shewed this yet they took up Armes without Authority and Commission from His Majesty and so they levy warre against our Soveraign Lord the King His Crowne and Dignity And they encounter in fight and kill such as assist the King and they gave Battell to the King himselfe in Person at Edge-hill They insist also upon the same Propositions at Oxford 1643. And upon the King's refusall of them they prosecute Warre as before Lastly the Parliament of both Kingdomes offer the same Propositions to be Treated on at Vxbridge 1644. wherein also they farther desire the concurrence and consent of the Parliament of Scotland in our Reformation of Religion in the setling and managing of the Militia of the Kingdome and in concluding of Peace and Warre with Forreigne Princes Besides they require the Cessation in Ireland to be made voyd and that the two Parliaments may order the Warre there and the Militia and conserve the Peace of the Kingdome of Ireland True it is that in some points of Regality and Soveraignty the King of England is already restrained and limited so that He cannot rule and governe absolutely as He will as in making of Lawes which He cannot doe but with the
Consent of the Lords and Commons assembled in Parliament and in declaring of Lawes which He cannot doe but by the proper Iudges in His severall Courts but in all other things that are not expressely restrained by Law He is free and absolute and the Soveraignty both of Iudgement and Power is in the Person of the King alone As in providing for the present safety against suddaine danger and in levying of Armes suppressing of Tumults and Rebellion convoking of Parliaments and dissolving them making of Peers granting Liberty of sending Burgesses to Parliaments treating with Forreigne States making of Warre League and Peace giving of Honour Rewarding Pardoning c. And in these and the like particulars it is that they would farther limit and restraine the King that He should not governe as He hath done formerly according to his owne judgement and will informed and Regulated by the Advice of his Councell of State and Councellors at Law but according to the judgement and with the Consent of both Houses of Parliament in some Cases according to the judgement and with the Consent of the Parliaments of both Kingdomes and in some other Cases they would assume the Government wholly to themselves and they take up Armes and fight to force the Kings Vote and assent to severall Bills concerning these particulars and so at once wholly to overthrow the Kings Soveraignty Legislative and Gubernative But though others may not yet the Lords and Commons assembled in Parliament may rise in a forcible manner and compell the King to governe as they please in some cases and deprive him of his Government in other cases as they please And others in obedience to their Authority and Command may assist in this Warre against His Majesty without Rebellion and Treason This is a false and Treasonable suggestion as Owen's was to corrupt the judgement of the People and to take off the bonds of Conscience towards His Majesty by advancing the Houses of Parliament above the King And the falsenesse and Treasonablenesse thereof will plainly appeare upon the due Consideration of the Kings Superiority to the two Houses of Parliament and of the Relation between His Majesty and the Lords and Commons assembled in Parliament and between them and us out of Parliament 1. Touching the point of Superiority between the King and the Parliament the two Houses themselves have long since determined it The Parliament 25. H. 8. declares thus This your Grace's Realme recognizing no Superiour under God but your Grace The Parliament 16. R. 2. 5. affirmes the Crowne of England to have been so free at all times that it hath been in no earthly Subjection but immediatly to God in all things touching the Regality of the said Crowne and to none other Ergo The two Houses of Parliament cannot of Right have or exercise any authority over the Crowne or the Realme over the King or the Subject of England And though some Parliaments called in troublesome times of Faction as now and overswayed by those that were the head of the most potent Faction as at this time have de facto deposed and murthered some Kings yet such instances prove no more claime of Soveraignty in the Parliament over the King then a Robber when he exerciseth an Arbitrary power over a mans person and purse And the Observator himselfe confesseth ingeniously that there was never King deposed in a free Parliament And that the Acts of the Parliament R. 2. were not so properly the Acts of the two Houses as of H. â— and his Victorious Army Nor is it Treason only but impiety also to advance the Parliament the Representative of the people above the King the Representative of God And it is to set up Kings and not by God Hos. 8. 4. Yea and against him too 2. Touching the Relation between the King and the Lords and Commons assembled in Parliament we must know this That the high Court of Parliament consists of three integrall parts the King the House of Lords and the House of Commons The King is the Head and the two Houses are the grosse Body subordinate to the King and to be considered alwayes as a part of the Parliament and in a notion under the King as well in Parliament as out of Parliament and they are subjected to the King in Parliament 1. In their persons for the King calls them together and dissolves them And as they have occasion to petition the King in Parliament they confesse themselves his Subjects and directing their Petitions to His Majesty thereby they acknowledge his Soveraignty Majesty being a Ray of Soveraignty Yea the very Legislative Acts wherein consists their Parliamentary Eminency speake them alwayes his Subjects and stile him their Soveraigne And according to the Information of the Iudges in the time of H. 8. The King in Parliament standeth in his highest Estate Royall in respect of the exercise of his Soveraigne Authority and power in making Lawes which he cannot doe but in Parliament Besides in token of his Soveraignty and their subjection the King personally taketh Homage and Oath of Fidelity of the Lords and he Commands the Commons before they Sit and Vote in the House to take the Oath of Supremacy and Allegiance whereby they acknowledge him to be the only Supream Governour in this Realme and sweare to assist and defend all Jurisdictions Priviledges Preheminences and Authorities belonging to him his Heires and Successors or annexed to the Imperiall Crowne of the Realme And farther the Lords and Commons in this present Parliament have bound themselves by their Protestation to maintaine and defend with their Lives power and Estates His Majesties Royall Person Honour and Estate So the Lords and Commons assembled in Parliament are in the condition of Subjects to His Majesty and they have sworne Fidelity and Allegiance to him and therefore they cannot rise up against the King and compell him as aforesaid without manifest Rebellion and Perjury also 2. In their Votes in passing Bills and making Lawes wherein though they concurre with the King necessarily yet 't is not by equall Authority but by consent only not as joynt Soveraignes but as free Subjects not as enacting with the King but as choosing and preparing and proposing Lawes to be enacted by the King according to the passage in the Oath That the King shall Corroborate such Lawes as the People shall chuse And without this Corroboration by the Royall assent which gives life and motion to our Lawes the Votes of the two Houses of Parliament dye in the wombe where they were Conceived like an Embrio and never see the light 3. Touching the Relation between the Lords and Commons assembled in Parliament and our selves out of Parliament we take them to be no other than our fellow Subjects and them with us and us with them to be equally subjected to our Soveraigne Lord the King who is Head both of the Kingdome and of the Parliament and to none other Nor