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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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and when he pleaseth And here sticks the Designe at present Where the Designe sticks See the Scots papers the Lord Low●dns three severall speeches of disposing of the Kings person the Scots dissenting and interposing and pressing for his Majesties returne to his Parliament with freedome honour and safety But whatsoever they shall attempt and act against or upon his Majesty hereafter 't will be not as is pretended a due guerdon for his warre against the Parliament for he hath contracted no guilt thereby but as an effect of their conquest and an accomplishment of their Designe agitated before Their after proceedings against the King not his due guerdon but in efect of their Conquest and an accomplishment of their pretended Designe and pursued and consummate by the present warre And whatsoever their after proceedings bee his Majesty will still be Innocent And whatsoever their pretences are They will be Rebells still 7 They Declared against the Kings Negative Oath in Law-making then and now they give Lawes without him 8 Then they tendred to his Majesty Peopositions to take away the chiefe power of Governing from the King and to settle it in the two Houses of parliament And at this day they insist on the same Of the Kings negative Vote with full resolution to overthrowe the Regall and to establish a Parliamentary Government And this is the utmost of their Designe Their propositions for the chiefe power in Governing and the ultimate end of their Warre and it concernes not the King only but the Imperiall Crowne also I know these Propositions are obtruded upon the King and upon the people at present The utmost of their Designe and the ultimate end of the Warre as the only meanes of our preservation and safety against the common enemies of the Kingdome But I have shewed how some of the Propositions are uselesse in this kinde and how the others are at this time needlesse in respect of the kingdome Of these Propositions some are Civill others Military They take from the King the disposall of all Places of Honour and Judicature and Power and consequently all depend ney in these Respects forreigners may come in to rescue the King and Crowne and not to invade the Kingdome having no professed enemy at all though by their disloyall illegall violent courses they have created to themselves many Enemies both at home and abroad who also may bring in forreigne forces against them if wee agree not suddenly amongst our selves and yet not to invade the kingdome in a hostile manner the like of late having beene done by others once and againe Besides they demand these Powers not for a time only but for ever See the several papers of the Scots Commissioners concerning the Propositions of Peace and so not as a remedy against present daunger but as a foundation of another Government Under the pretence of providing for the publique safety endeavoring to overthrow Monarchy and to set up and establish Aristocracy and Democracy And as by the Act of continuation they may sit for ever so they intend doubtlesse by their Propositions to Governe for ever And the upshot of all is Who shall Governe whether the King or the Lords and Commons assembled in Parliament 9. Lastly before they tooke up Armes they claymed an absolute power over our persons and estates in Order to their Cause Their absolute power over the people in order to the present warre and to the present warre and to this day they exercise it accordingly disposing our persons and imposing on our Estates at pleasure And this their arbitrary and boundlesse power our boundlesse and unsufferable slavery is like to last for ever as their Cause and the Warre are like to bee everlasting It is like to bee everlasting See Mr. Martins speech of the Royall branches not only against King Charles but also against prince Charles and against his Heires and Successours likewise and against the whole succession from time to time as long as any of the Royall seede shall remaine and so in maintenance of their Designe against Monarchy the people will be engaged in Rebellion and embroyled in Warre from succession to succession and from Generation to Generation unlesse some speedy course be taken for composing the differences Our Rebellion warre misery endlesse and ending the warre amongst us which seeing his Majesty cannot effect by the justnesse of his Propositions nor by the reasonablenesse of his Messages nor by the graciousnesse of his Condiscentions neglected and rejected from time to time An Apostraphe to the people I thinke it may be not improperly undertaken by the people themselves who are also concerned in the differences and in the warre not only in point of duty and conscience in respect of the King but also in point of Liberty and civill Interest in regard of themselves And I would have them in the first place to petition his Majesty for a Generall Act of Oblivion to bee kept inviolably by himselfe and his posterity To petition the King for an act of Oblivion Then I would have them now they understand the falsenesse of their pretended dangers and their falsenesse touching our Religion Lawes and Liberties A Summe of the whole businesse offered to the people the nature of their Propositions and the ground and end of the warre under the pretence of defending our Religion Lawes and Liberties against Popery and Tyranny endeavoring themselves and engaging us with our lives and fortunes Jerem. 17.3 to make good their Propositions against Regalitie and Monarchy I say I would have the people of the kingdome Generally both in the City and in the severall Counties before they part with any more monies eyther by way of Taxe or Loane out of just indignation for the many fraudes and falacies obtruded on them To petition the Parliament and out of a piercing sense of their by-past sufferings and out of a pious sence of their Allegiance to the King and Crowne Isai 32.17 and out of providence to their owne good and quiet and for the good and quiet of posterity unanimously and vigorously to Petition the two houses of Parliament for the disbanding their Armies Pax quo aequi or co●firmior and dimantling their Garrisons and for inviting his Majesty to his Parliament and for a suddaine Accomodation between them with due and equall regard to the Kings legall Rights the just priviledges of Parliament The Kings right taken from him without hearing his Councell and the legall Libertie of the Subject to be determined and setled in Parliament and to bee so stated that hereafter they doe not enterfeire one against another and to be bounded so that they doe not encroach one upon another Of Magna Charta and of the Petition of Right In particular Let the people take care That if it be possible those Muniments of our Liberties Magna Charta and the Petition of Right be not
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
at any time hereafter subjected eyther to the King or to the two Houses of Parliament and that we be Governed not by Ordnances and Votes and Committees but by the known Lawes of the Land only and by the Ordinary Ministers of justice as well in the time of Parliament as out of it When and how Religion to be setled And when all the differences betweene the King and the Parliament and the Subject are quietly composed and his Majesty and the Parliament and the people quiet and comp●sed in themselves then and not till then would I have Religion setled Our Religion abolished without hearing the conformable Clergy in a full and free convention of Parliament after a full and free debate by Divines on all sides And above all I would have the two Houses of Parliament and the People to lay aside prejudice partiality and incline to Truth and Justice Stand not in evill things Eccles 8 3. and not to looke after their owne private advantages or Interests but to intend and endeavor the publique Peace and Common happinesse of the Kingdome Also I would have them not carried away with Humor and Faction The parliament and the people to lay aside prejudice partiality selfe-interest Humors Faction and to bee guided by sound princples but to be regulated and guided by sound Principles of Policy Religion Loyalty of LiLiberty Parliamentary and Common of Order and Government and of Peace and Unitie And I advise them to seeke and pursue these things not severally and apart but joyntly and together Policy with Religion Religion with Loyalty Loyalty with the priviledge of Parliament priviledge of Parliament with Liberty Liberty with Order and Government See the premises concerning the fundamentall constitution of the kingdom Governement with Peace and Unity For in the due Harmonicall conjunction of all these consists our Civill Happinesse And they all Concenter in the fundamentall Constitution and Government of the Kingdome as before Also let them remember that they have Covenanted expresly with their Estates and Lives to preserve and defend the Kings Majesties Person and Authority in the preservation and defence of the true Protestant Religion and Liberty of the kingdomes Let the world judge whether these Propositions doe not diminish his Majesties just power and greatnesse so that the world may beare witnesse with their Consciences of their Loyalty and that they have no thoughts or intentions to diminish his Majesties just power and greatnesse And how his Majesty hath endeavored to preserve and defend the true Protestant Religion against Popery and the Liberty of the kingdome against Tyranny let all the world judge and see by his Propositions Lastly As their designe is against the constitution of the Kingdom so their proceedings are against the constitution of Parliament whereas the Covenanters have now turned their Propositions into Bills and seek by violent courses to compell the King to passe them they must know that hereby they overthrow the constitution of the Parliament and make their Propositions of none effect also Liberty of Vote being an esseentiall priviledge of Parliament and no act being valid and obligatorie which is not free and voluntary as is fully declared 15. E. 3. Thus they conceive Chaffe and bring forth Stubble Labor in vaine Ec. 33.11 And why doe wee spend our Money for that which is not Bread and our Labour for that which satisfyeth not Es 55.2 Who so is wise will ponder these things Psal 107.43 Now hee in whose hands are the Hearts of Kings and the Inclinations of Kingdomes grant that the King and his Parliament and the People may have now and ever upright hearts and good affections one to another And that under his Majesty and his Posteritie Wee and our Childrens Children may leade a quiet and peaceable Life in all Godlinesse and Honesty Amen Amen Not any among the people is like unto him whom the Lord hath Chosen And all the people shouted and said God save the KING 1. Sam. 10.24 Love the Truth and Peace Zach. 8 19.
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