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A86679 The royall, and the royallist's plea. Shewing, that the Kings Majesty hath the chiefe power in this realme, and other his dominions, (1 Pet. 2.13.) And to him the chiefe government of all estates of this realme, whether they be civill or ecclesiasticall, in all causes doth appertaine. Artic. 27. of Religion concerning magist. Hudson, Michael, 1605-1648. 1647 (1647) Wing H3262; Thomason E390_19; ESTC R201538 20,403 30

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THE ROYALL AND THE ROYALLIST'S Plea Shewing That the Kings Majesty hath the chiefe Power In this Realme and other his Dominions 1 Pet. 2.13 And to him the chiefe Government of all Estates of this Realme whether they be Civill or Ecclesiasticall in all Causes doth appertaine Artic. 27. of Religion concerning Magist Wee Confesse and Acknowledge Empires Kingdomes Dominions and Cities to be distincted and ordayned by God for the Manifestation of his owne Glory and for the singular Profit and Commodity of Mankinde Prov. 24.21.22 So that whosoever goeth about to take away or confound the whole State of Civill Policies now long established Wee affirme the same men not only to bee Enemies to Mankinde but also wickedly to fight against Gods expresse Will. Confess of the church of Scotland concerning the Civill Magistrate And the first thing Wee Covenant is to defend and maintayne the Doctrine of that Church Ano. Domi. 1647. READER BEFORE I treate of the differences betweene the King and the Parliament Of the constitution of the kingdome of England and set forth the Grounds and Intents of the Warre on both sides either Party charging the Other with a Designe to overthrowe the established Government of the Kingdome I shall promise something concerning the Constitution of the Kingdome and Parliament of England And whereas there are three kindes of Governement Three kinds of Government The first Monarchicall by One The second Aristocraticall by the Nobles The third Democraticall England a Monarchy it consists of a head and a subject body by the People The Government of England is of the first sort Monarchicall And the Monarch is the Head And with us tho Barons and the People are the Subject-Body of the Kingdome The King governs the Church by Archbishops Bishops And the Civill State by Temporall Officers And to enable him for that his Administration and Government Sundry Politicall Powers in the Monarch for governing the kingdome in it selfe in order to other Princes and States the King is invested with sundry politicall Powers as of Treaties of Warre and Peace of making Peeres of choosing Officers and Councellors for State Judges for Lawe Commanders for Forts and Castles giving Commissions for raysing Men to mako warre abroad or to provide against invasions or insurrections at home benefit of Confiscations power of Pardoning and others of the like kind The necessity of these Powers in the King And by this Power and Authority he drawes a respect and relation from the Nobles and feare and reverence from the People and thereby prevents division faction in the one tumults violence and Licentiousnesse in the other and so preserves Peace and unity amongst us as also by the Authority Power aforesaid The King is enabled to discharge his Office Oath to preserve the Lawes of the Land in their force and the Subjects in their Properties and Liberties The Parliament consists of a Head and ●subject Body And as the Kingdome so the Parliament of England is constituted of a Head and a Subject-Body The King being the Head and the two Houses the Subject-Body of the Parliament The King calls the Parliament and dissolves it He calls each Baron by a peculiar Writ He sends forth Writs into the severall Counties into the Cities Boroughs for electing Knights A Proxy acts for another by assenting dissenting for him but hath no superiority or authority over him for whom he acts Citizens Burgesses to serve for them and the people meete choose accordingly send up the persons so chosen as their Proxies to sit and Vote for them by way of assent and dissent upon all occasions in Parliament and so the King and the whole Kingdome by their Representatives convene in Parliament As the Barons sweare fealty to the King at their Creation so the Law requires the Members of the House of Commons to take the oath of Allegiance Supremacy The Lords and Commons sweare fealty allegiance to the King before they are admitted to sit there The principall Power and work of the Parliament is in Law making and our Lawes are made thus Bills are framed agreed on by the Lords Commons and afterward presented to the King How our lawes are made and by the Royall assent they become Lawes And this is that which the King sweares to at his Coronation and it is well expressed in the forme at the Coronation of Edward the sixt in these following words The Oath at king Edwards Coronation Doe you grant to make no new Lawes but such as shall be to the honor of God and to the good of the Common-wealth and that the same shall bee made by the consent of your People as hath beene accustomed Liberty of vote an essentiall priviledge of Parliament And in passing of Bills The King the Lords and the Commons are to Vote freely and this liberty of Vote is the most essentiall priviledge of Parliament yea The King and the Lords and Commons Of their Negative Votes have every of them their Negative Vote in this Case thereby to preserve themselves and theis Rights and Priviledges one against another And so to keepe the Constitution of the kingdome inviolate And it is a peculiar Priviledge of the house of Commons to make the first Propositions for the Levies of Money The priviledge of the House of Commons which is the Sinews both of Peace and Warre Also that house takes notice of the violating of our Liberties and impeacheth those that have oppressed and grieved the Subject And the Lords proceede against them in a judiciary way The Judiciary power of the house of Lords to remedy misgovernment punish them But in this Case the Law sayes The King can doe no wrong And if any thing be done amisse in matter of State the Councell If in matter of Justice The King can doe no wrong the Judges must answer for it as themselves have declared May 19. Husbands Collect pag. 199. The House of Lords hath also a judiary Power upon Writts of Error brought against Judgements in inferiour Courts Also eyther House hath Power over their own Members But over the Subject at large and in Generall without the Kings Concurrence neither house hath Power nor both of them joyned together Much lesse have they power over their Soveraigne Lord the King They ought to support the king and the Crowne not to invade and null them who hath no Superior under God 25 Hen. 8. much lesse over the imperiall Crowne which hath beene free at all times and in no earthly Subjection but immediatly to God in all things touching the Regality of the said Crown 16. R. 2.5 And which was never invaded by any Parliawent before and there is nothing of Power extraordinary in the present Parliament but of cantinuance only being not to be dissolved but with the consent of both houses of Parlament The
privileges of the Members of Parliament Lastly touching the priviledg of the Members of Parliament themselves in their Petition to his Majesty at the beginning of his Reigne in the Case of the Earle of Arundell have declared thus Wee finde it an undoubted Right and constant priviledge of Parliament That no Member of Parliament sitting in the Parliament or within the usuall times of the priviledge of Parliament is to bee restrayned or immesoned without Sentence of the House unlesse it bee for high-Treason Felony or for refusing to give Surety for the Peace And so in Q. Elizabeths time when Wentworth made those motions that were Wentworths Case but supposed dangerous to the Queens Estate Hee was imprisoned in the Tower notwithstanding the priviledge of the House there dyed Thus whereas there is in every of the three kindes of Government some good as Vnity in Monarchy The equall happy constitution of England Counsell in Aristocracy Liberty in Democracy and some evills as Tyranny in Monarchy Division Faction in Aristocracy Tumults Violence and Licentiousnesse in Democracy By the Constitution of the Kingdome we have the good of all these without the evill of any And hence for so many hundred yeeres hath the English Nation beene famous happy to admiration and envy Pro. 24 21.22 Even from this Ancient Equall Happy At present the Lords Commons shake off the yoke of subjection and affect the chiefe Power Government ●or doe they Act as our fellow subjects Proxi●s but as our Lords and Masters nor doe they study Liberty with us and for us but Soveraignty over us Well-poized never enough commended Constitution of this Kingdome From which receding all these Politicall Evills have overtaken us Even Tyranny and Oppression Division and Faction Tumults Violence and Licentiousnesse And what will or can be the end of this but Anarchy Confusion and utter Destruction of the King of the Parliament of the Kingdome of the N●tion Oh that they were wise that they understood that they would consider their latter end Deut. 32.29 THE ROYALL and ROYALLIST'S PLEA THAT the chiefe Promoter of the present war had a designe against his Majesty and against Monarchy is now manifest to all the World The Vote for sending the king to Warwick Castle by the last vote for sending the King to Warwick Castle and by Mr. Prideux his speech in October last for Mr. Prideux his speech for abandoning Monarchy abandoning Monarchy now they have gotten the power of the Sword and for setling the government of the Kingdome in the two Houses of Parliament But our Plea is grounded upon former Evidences The ground of this Plea from the very summoning of this Parliament unto the taking up of armes For how did they stickle in the Counties and Burroughs They Stickle about Elections for such to be elected into the house of Commons as were of their opinions and inclinations And no sooner did they meete and sit in Parliament but they ratified and damned Elections at pleasure in Order to their Designe A Bill against Bishops the Militia Seditious Lecturers and Pampleters The Protestation protested and To thy Tents Oh Israel Tumults The Members thus prepared They bring in two Bills The one to take away Bishops Roote and Branch The other to take the Militia by Sea and Land from the King the later beeing preferred by Sr. Arthur Haslerigg And fayling in this way thee send forth factious and seditious Lecturers which inveigh against the present Government of Church and State and they License Pamphlets that deprave the Government of the Kingdom The people thus prepared They rayse tumults in London to force and compell the Parliament to joyne with them Tho●● accused Memb●●● protected in the prosecution of their Designe and his Majesty charging them with high Treason for these attempts against himselfe and against the Parliament They get themselves protected under the pretended priviledge of Parliament from verball they fall to reall-Treasons and they possesse themselves of the Forts and Castles after that his Majesty had promised for their security that they should be only in such hands as they should have cause to confide in Jan. 27. The Forts and Castles the Militia with the Navy Royall taken from his Majesty And they dispose and execute the Militia of the Kingdome altogether excluding his Majesty after that for their farther security he had accepted of the Lords Lieutenants in the severall Counties recommended by them Feb. 28. And after he had condiscended touching the Militia of the Corporations April 8. What reason they pretended for the Militia In the last places they seize on the Navy-Royall And in their votes of March 15. she reason pretended for the Militia was to defend the kingdome against Enemies from abroad when we had none and against the Papists at home when they were naked and without Armes and against a discontented party amongst us i.e. against the King and his party whom they had discontented and highly provoked by their late proceedings See the opinion of the judges in the Case of the E. of Essex And as their seizing their Forts and Castles c. was needlesse in the two former respects so in the later was it Rebellious being not for the publique but for their private security and advantage not to defend the Kingdome against danger but to protect themselves against justice not to put us into a posture of defence against a common Enemy but to put themselves into a posture of power and strength against his Majesty thereby at once enabling themselves to force him and disable him to resist them in the prosecution of their designe against him And no sooner had they got the full strength of the kingdome but they actually and professedly set themselves against his Majesty Sir John Hotham keepes him out of Hull Aprill 23. Sr. John Hotham And the two Houses justifie his Trayterous Act Aprill 28. Not long after Mr. Martin sayes openly in the house of Commons and unreproved Mr. Martin That the Kings Office is forfeitable And that the happinesse of this Kingdome They strike at Monarchy as at Episcopacy root branch did not depend upon his Majesty or any of the Royall branches of that Roote And Sy● Henry Ludlow That he was not worthy to be King of England Sr. Henry Ludlow Both Houses tacitly imply the deposing of the King They make attempts upon the Imperiall Crowne The Kings Negative vote The 19 Propositions which doubtlesse was the sence of the Parliament For May 26. both houses declare That they should not want modesty if they follow'd the highest Precedents of other Parliaments The Crowne it selfe cannot escape them nay they ayme at that ultimately For in the same Declaration they deny the kings negative Vote in Parliament And to deprive the King and the Crown of their power not only in Law-making but also in Governing They
favour to the Parliament and the Subject to recede from the Rigour of his Propositions But the two Houses would never abate one jot of their Propositions and demands They will not recede one jot from the rigor of their Propositions in favour of his Majesty or Monarchy but rather have scrued them up from time to time and heightned them against both Nor will they now be satisfied with the establishing of our Religion Lawes and Liberties unlesse it bee by way of their Propositions thus heightned And so they encroach upon the Crowne daily more and more untill at length they invest themselves in the full Power and Rights of the King and of the Crowne And at first they pretended the defence of our Religion The defence of our Religion L●wes and Liberties pretended and why Lawes and Liberties in policy only that they might more effectually prevaile with the people and more colourably seize the Militia and rayse an Army for by their Armes they doe not only not defend our Religion P●●testatio contraria facto Lawes and Liberties but taking upon them Soveraigne authority over our Lawes and an Arbitrary Power over our Persons and Estates they abolish our Religion by Lawe established By their Arms they doe not only not defend our Religion Lawes Liberties but invade and violate them in Doctrine Worship Discipline and Government to comply with the Independents Brownists Anabaptists and other Sectaries to make them of their party to carry on their Designe against Munarchy And they trample under foote our Lawes and invade and violate our Liberties in prosecution of their Designe against his Majesty and in him against Monarchy O●dayning contrary to the Petition of Right That we beare Armes billet Souldiers pay Monies and take Oathes not imposed by Act of Parliament And upon our refusall Sequestring and Imprisoning us without more adoe and proceeding also against some by Martiall-Lawe and Condemning and Executing them Whereas by Magna Charta no man should bee disseized of his Estate nor Imprisoned nor suffer but upon tryall by his Peeres But who would haue beleeved that our Religion Liberty and Lawes which for so long a time have endured Opposition and Assaults from forreigne Power envying our happinesse would have beene Opposed Oppressed and Trod under foote by the Crafts and Cruelties of our owne Natives and Country-men As is declared by both Kingdomes joyned in Armes for pursuance of the Covenant Janu. 30. 1643. This a most dangerous precedent The true state of the war on the Parliaments side There is not Law warranting the Lords Commons to take up Armes Rom. 3.8 Their present War is First unnecessary as pretending the defence of our Religion laws and Liberties against Popery and Tyranny Secondly unjust as contending for the King crown Thirdly wicked as intending the overthrowe of the Constitution Government of the kingdom and intimating the destruction of the King his Posteritie in order thereto No priviledge in Case of treason Having got the power of the Sword they may rule and over-rule the king people invade his other Rights and their Liberties at pleasure And Oh! the unstable and miserable Condition of the English Nation if the two Houses of Parliament or a prevayling factious Party there may at pleasure alter our Established Religion Lawes Liberty Property and Government And so the Premises considered the true state of the Question concerning the Warre on the Parliaments side is clearely this Not whether the Lords and Commons may seize and deteine his Majesties Forts and Ships Nor whether they may settle and dispose the Militia and the Navy and rayse an Army for the defence of our Religion Lawes and Liberties though to doe any of these without the Royall Authority upon any Pretences or to any Intentions whatsoever whether to expulse Strangers to remove Counsellors or against any Statute c. bee to levy warre against the King because they take upon them Royall authority which is against the King Cooke 3. part Institut Cap. de high-Treason And I know no difference between the Lords and Commons in Parliament in this Case and others out of Parliament all being in the condition of subjects to his Majesty and there being no priviledge of Parliament in Case of Treason But whether they may put themselves into the strength of the Kingdome and rayse forces and employ them to the intents and purposes expressed in their Propositions viz. For taking from the King and from the Crowne the Government of the Church by Arch-bishops Bishops c. and the Government of the State likewise whilest they would nominate the great Officers and the Judges and would dispose the Militia and the Navy and the Forts and Castles c. And for setling the chiefe power and Government both of Church and State at present in themselves and in the two Houses of Parliament hereafter yea for Subjects and such are the Lords and Commons in the present Parliament assembled to put themselves into such a strength as the king shall not be able to resist them and to force and compell the King to governe otherwise then according to his owne Royall authority and direction is manifest Rebellion It is manifest Rebellion according to the opinion of the Judges deliveeed at the arraignement of the Earle of Essex How much more in our present Case Their Rebellion aggravated when they would take away the power and governement from the King and Crowne Againe The premises considered The true state of the warre on the Kings side The warre on the Kings side is vindicatory and defensorie in respect of the Kings power and righ● and of the Lawes of the Land and of the Liberty and property of the Subject The true state of the question concerning the Warre on the Kings side is cleerly this Not whether he may raise an Army against the Parliament though if he should I know no warrant for resisting him But whether the King may not raise an Army and fight against the Parliament for the reasons expressed in his Propositions viz. For the recovery of his Revenue Forts and Castles c. For vindicating the Lawes of the Land and his Legall power and Rights c. For Redeeming the Subject from illegall-power and from manifold oppression For preserving the established Liturgy c. For bringing Delinquents to a Legall-Tryall The Lords and Commons in Parliament as well as other his Subjects being lyable to his Majesties displeasure whensoever they keepe not themselves within the circle of the Law and Custome of Parliament Cooke lib. of Jurisdiction of Courts Note Cap. High Court of Parliament And themselves have declared That all forcible practises Malignancie Delinquencie and Covenanting c. The true state of the question concerning the deposing of the King much more such Rebellious proceedings against the King are inconsistent with the Nature of the Councell being the Body whereof his Majesty is the Head Husb.