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A88244 Regall tyrannie discovered: or, A discourse, shewing that all lawfull (approbational) instituted power by God amongst men, is by common agreement, and mutual consent. Which power (in the hands of whomsoever) ought alwayes to be exercised for the good, benefit, and welfare of the trusters, and never ought other wise to be administered: ... In which is also punctually declared, the tyrannie of the kings of England, from the dayes of William the invader and robber, and tyrant, alias the Conqueror, to this present King Charles, ... Out of which is drawn a discourse, occasioned by the tyrannie and injustice inflicted by the Lords, upon that stout-faithful-lover of his country, and constant sufferer for the liberties thereof, Lieut. Col. John Lilburn, now prisoner in the Tower. In which these 4. following positions are punctually handled ... Vnto which is annexed a little touch, upon some palbable miscarriages, of some rotten members of the House of Commons: which house, is the absolute sole lawmaking, and law-binding interest of England. Lilburne, John, 1614?-1657. 1647 (1647) Wing L2172; Thomason E370_12; ESTC R201291 90,580 119

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ruled and governed by the King and his Prerogative Nobles and by lawes flowing from their wils and pleasures and not made by common consent by the peoples commissions assembled in Parliament as it is now at this day but he and his successors giving such large Charters to their Compeeres and great Lords as to one to be Lord great Chamberlain of Englands another Lord Constable of England to another Lord Admirall of England c. By meanes of which they had such vast power in the kingdome having then at their beck all the chiefe Gentlemen and Free-holders of England that used to wait upon them in blew Jackets so that they were upon any discontent able to combine against their Kings their absolute creators and hold their noses to the grind-stone and rather give a Law unto them then receive a law from them in which great streits our former Kings for curbing the greatnesse of these their meere creatures now grown insolent were forced to give new Charters Commissions and Writs unto the Commons then generally absolute vassals to choose so many Knights and Burgesles as they in their own breasts should think fit to be able by joyning with them to curb their potent and insolent Lords or trusty and well-beloved Cousins which was all the end they first called the Commons together for yet this good came out of it that by degrees the Commons came to understand in a greater measure their rights and to know their own power and strength By means of which with much struggling we in this age come to enjoy what wee have by Magna Charta the Petition of Right and the good and just Lawes made this present Parliament c. which yet is nothing nigh so much as by right we ought to enjoy For the forementioned Author of the book called The manner of holding Parliaments in England as 20 21. pages declares plainly that in times by-past there was neither Bishop Earle nor Baron and yet even then Kings kept Parliaments And though since by incursion Bishops Earles and Barons have been by the Kings prerogative Charters summoned to sit in Parliament yet notwithstanding the King may hold a Parliament with the Commonalty or Commons of the Kingdome without Bishops Earles and Barons And before the Conquest he positively declares it was a right that all things which are to be affirmed or informed granted or denied or to be done by the Parliament must be granted by the Commonalty of the Parliament who he affirmes might refuse though summoned to come to Parliament in case the King did not governe them as he ought unto whom it was lawfull in particular to point out the Articles in which he misgoverned them And suitable to this purpose is Mr. John Vowels judgment which Mr. Pryn in his above-mentioned book pag. 43. cites out of Holinsh Chro. of Ireland fol. 127 128. His words as Mr. Pryn cites them are thus Yet neverthelesse if the King in due order have summoned all his Lords and Barons and they wil not come or if they come they will not yet appear or if they come appear yet will not do or yeeld to any thing Then the King with the consent of his Commons may ordain and establish any Acts or Lawes which are as good sufficient and effectuall as if the Lords had given their consents but on the contrary if the Commons be summoned and will not come or coming will not appear or appearing will nor consent to do any thing alleadging some just weighty and great cause The King in these cases * Cromptons jurisdictiō of courts fo 84 Hen. 7. 18. H. 7 14. 1. H. 7 27. Parliament 42. 76 33● H 6. 17. dju-lged accordingly prerogative 134. cannot with his Lords devise make or establish any Law The reasons are when Parliaments were first begun and ordained THERE WERE NO PRELATES OR BARONS OF THE PARLIAMENT AND THE TEMPORALL LORDS were very few or none and then the King and his Commons did make a full Parliament which authority was never hitherto abridged Again every Baron in Parliament doth represent but his owne person and speaketh in he behalf of himself alone But the Knights Citizens and Burgesses are represented in the Commons of the whole Realm and every of these giveth not consent for himself but for all those also for whom he is sent And the King with the consent of his COMMONS had ever a sufficient and full authority to make ordain and establish good wholesome Lawes for the Common-wealth of his Realm Wherefore the Lords being lawfully summoned and yet refusing to come sit or consent in Parliament can●ot by their folly abridge the King and the Commons of their lawfull proceedings in Parliament Thus and more John Vowel alias Hooker in his order usage how to keep a Parliament which begins in the foresaid History pag. 121. and continues to pag. 130. printed Cum Privil●gio And Sir Edward Cook in his Institutes on Magna Charta proves That the Lords and Peers in many Charters and Acts are included under the name of the Commons or Commonalty of England And in his Exposition of the second Chapter of Magna Char●a 2. part Institutes fol. 5. He declares that when the Great Charter was made there was not in England either Dukes Marquesse or Viscounts So that to be sure they are all Innovators and Intruders and can claime no originall or true interest to sit in Parliament sith they are neither instituted by common consent nor yet had any being from the first beginings of Parliaments in England either before the Conquest or since the Conquest nor the first Duke saith Sir Edward Cook Ibidem that was created since the Conquest was Edw. the black Prince In the 11. year of Edw. the third and Rob. de Vere Earl of Oxford was in the 8. year of Richard the 2. created Marquesse of Dublin in Ireland And he was the first Marquesse that any of our Kings created The first Viscount that I find saith he of Record and that sate in Parliament by that name was John Beumont who in the 8. yeer of Hen. the 6. was created Viscount Beumont And therefore if Parliaments be the most high and absolute power in the Realm as undeniably they are for Holinshed in his fore-mentioned Chronicle in the D●scription of England speaking of the high Court of Parliament and authority of the same saith pag. 173. thereby Kings and mighty Princes have from time to time been deposed from their Th●ones ●awes either enacted or abrogated offendors of all sorts punished c. Then much more may they disthrone or depose these Lordly prerogative Innovators and Intruders and for my part I shall think that the betrusted Commissioners of the Commons of England now assembled in Parliament have not faithfully discharged their duty to their Lords and Masters the people their impowerers till they have effectually and throughly done it And if the Lords would be willing to come and sit with them as one house
upon me without my con●●nt the doing of which is meerly tyrannicall Antichristian and Di●bolicall Rom. 13. Yea Reason tells me in this that no Soveraignty can justly be exercised nor no Law rightfully imposed but what is given by common consent in which every individuall is included So this proves the latter part of the Argument As for the minor Proposition I think it will not be denied for I conceive none that confesse Christ to be come in the fl●sh will be so Atheisticall as to affirme the King to be any more then a meer man subject to the like infirmities with other men See Acts 12. 22 23. Dan. 14. 22 25 33. and 5. 18 20 23. As touching the second Argument the whole Current of the Scripture proveth i● In all the Contracts betwixt GOD and his Creatures As io● instance First with Adam who by Gods contract being his Soveraign was to enjoy Paradice c. upon such and such a condition but as soon as Adam broke the agreement GOD took the for●●iture see Gen. 3. 16 17 24. So likewise GOD made a contract with 〈◊〉 when he gave the Law in Mount Syna as their LORD and KING by the hand of Moses But when they broke their Covenant GOD took the forfeiture though he being a Soveraigne LORD and governed by nothing bu● his own WILL forbore long the finall execution of the forfeiture So in the same case amongst the Sons of Men that live in mutuall society one amongst another in nature and reason there is none above or over another against mutuall consent and agreement and all the particulars or individuals knit and joyned together by mu●u●ll consent and agreement becomes a Soveraign Lord and King and may create or set apart for the execution of their Lawes flowing from their will and mind founded upon the Law of God ingraven in nature and demonstrated by reason O●●icers which we call Magistrates and limit them by what rules they judge convenient alwayes provided they be consonant to the Law of God Nature and Reason by the ●orce of which it is not lawfull for any man to subject himself to be a slave For that which is against Nature and the glory of the Image of GOD that he created man in Gen. 9. 6. and so a dishonour to himself and to his Maker his absolute and alone Soveraign cannot justly be done But to subject to slavery or to be a slave is to degenerate from his Originall and Primitive institution of a Man into the habit of a Beast upon whom GOD never bestowed that stile of honour of being creatures created in the Image of their Creator And therefore I am absolutely of Catoes mind to think that no man can be an honest man but he that is a free man And no man is a free man but he that is a just man And for any man in the world whatsoever he be that shal by his sword or any other means thus assume unto himself and exercise a power over any sorts of men after this kind against their wills and mindes is an absolute Tyrant and Monster not of God or mans making but of the Divels linage and off-spring who is said to go up and down the world seeking whom he may devour who ought to be abhorred of GOD and all good men seeing that such Monsters commonly called Kings 〈◊〉 Monarks assume unto themselves the very Soveraignty Stile Office and name of GOD himself whose Soveraign Prerogative it is only and alone to rule and govern by his will Therefore when the Sons of men took upon them to execute in this kind GOD raised up Moses his Servant to deliver those whom he took delight in from their tyranny and to be an Instrument in his Name to ruine and destroy that grand Tyrant Pharo●h and all his Country Exod. 3. 9 10. and 5. 5. and 14. 5 14 25 28. As he journied towards Canaan God by his Agents destroyed five Vsurpers or Kings more at one bou● Num. 31. 8. and more at the next bout Num 32. 33. Deu 3. 2 3. And after him the Lord raised up Ioshua whom he filled full of the Spirit of wisdome Deut 34. 9 to be his executioner upon such his pretending Competitors Kings alias Tyrants And the first that I read of was the King of Jericho whom he destroyed Josh 6. 21. and 10. 28. And the next was the King of Are whose Citie and Inhabitants he utterly destroyed and hanged their King on a tr●e Josh 8. 26 28 29 The next after them wa● five Kings with whom he waged battell altogether And when he had slain their people he took the five Kings and caused his Captains and men of war to tread upon their nec●●s and afterwards he s●ote them and slew them and hanged them on five trees Iosh 10. 26. The next he destroyed was the King of Makkedah vers 28. and vers 29. he destroyed the King of Libnah vers 23. he destroyed the King of Gezer and the next he destroyed was the King of Hebron vers 37. A●d then he utterly destroy●d the King of Debir and his City vers 39. and in chap. 11. Hazer sent to abundance of his neighbouring Kings who assembled much people together even as the sand that is upon the Sea-shore vers 4 to fight against Joshua who utterly destroyed them all vers 12. 23. which in the next C●apter he enumerates And after Joshua the Lord chose Judah to be his Executioner ●● his Deputy or Vice-Roy that being a name and title high enough for any man and the first piece of justice that Judah doth is upon Adonibezek who was a great and cruell King and Tyrant and his thumbs and his great toes he cut off who himself confessed it a just hand of God upon him himself having serv●d threescore and ten Kings in the same manner and made them gather their meat under his Table Iudg. 1. 6 7. But the children of Israel h● Subjects of GOD not onely by Creation but also by Contract and Covenant v●o●ating their Covenant with their Soveraigne LORD and KING I● no● driving out and utterly destroying the people of Gods indignation who had robbed him of his Honour as their Soveraign by creation in yeelding subjection to the wills and lusts of Tyrants called their Kings who had thereby usurped upon the peculiar Prerogative Royall of GOD himself and so put both Tyrants Kings and Slaves his Subjects out of the protection of their Creato● wherefore they became unto them as thornes in their sides Iudg. 2. 2 3. and in a little time they began to rebell against their LORD and his Lawes which incensed his anger against them and caused him to deliver them into the hands of Spoylers and to sell them into the hands of their Enemies round about Iudg. 2. 14. And in the 9 chapter Abemilech sought the Soveraignty over the people and got it with the bloud and slaughter of threescore and ten of his Brethren but GOD requit●d●● with a wi●nesse
him in the House of those Peers by way of Charge bu● sends him no Copy of it although it was impossible for him being so close as he was to get a Copy of it himselfe the greatest part of which is taken out of his booke called The Freemans Freedome vindicated and his Epistle to Mr. Wolaston the Jaylor of Newgate both of them made by him in Newgate many dayes after the Lords had Cōmitted him which letter of his to Mr. Wollaston for the excellent matter therein we will insert heere verbarim SIR I this morning have seen a Warrant from the House of Lords made yesterday to Command you to bring me this day at 10. a clocke before them the Warrant expresseth no cause wherefore I should dance attendance before them neither do I know any ground or reason wherefore I should nor any Law that compels mee thereunto for their Lordships sitting by vertue of Prerogative-pa●ents and not by election or common consent of the People haue as Magna Charta and other good Lawes of the Land tels me nothing to do to try me or any Common●r whatsoever in any criminall case either for life limb liberty or estate but contrary hereunto as incrochers and usurpers upon m● freedomes and liberties they lately and illegally endeavored to try m● a Commoner at their Bar for which I under my hand and seale protested to their faces against them as violent and illegal incrochers upon the rights and liberties of me and all the Commons of England a copy of which c. I in Print herewith send you and at their Bar I openly appealed to my competent proper legall Tryers and Judges the Commons of England assembled in Parliament for which their Lordships did illegally arbitarily and tyrannically commit me to prison into your custody unto whom divers dayes agoe I sent my Appeale c which now remains in the hands of their Speaker if it be not already read in their house unto which I do and will stand and obey their commands Sir I am a free-man of England and therefore I am not to be used as a slave or Vas●all by the Lords which they have alreday done and would further doe I also am a man of peace and quietnesse and desire not to mo●est any if I be not forced thereunto therefore I desire you as you tender my good and your own take this for an answer that I cannot without turning traytor to my liberties dance attendance to their Lordships Barre being bound in conscience duty to God my self mine and my Country to oppose their incroachments to the death which by the strength of God I am resolved to do Sir you may or cause to be exercised upon me some force or violence to pull and drag me out of my chamber which I am resolved to mantain as long as I can before I will be ●●mpelled to go before them and therefore I desire you in a friendly way to be wise and considerate before you do that which it may be you can never undoe Sir I am your true and faire conditioned prisoner if you will be so to me IOHN LILBURN From my Cock-loft in the Presse yard of Newgate this 13. of June 1646. And the next day aftere Serjente Finch exhibited his Artiicles being the 11 July 1646. Lieutenant Colonell Lilburne is by vertue of a warrant to the Sheriffe or Sheriffes of London M. Foot and Mr. Kendrik who contrary to Law refused to give him a Coppy of ha● warrant although hee sent for it by Mr. Bisco ●he Clerk of Newgate brought up to the Lords barr in a●most base Contumelious and reproachfull maner the substance of that Warant being to command him to the Lords Barr to heare his charge read But before he was called in hee by his Keeper sent word to the Lords That they being not his Peers and Equals were none of his LEGALL JUDGES and so had no jurisdiction over him and therefore hee would not stoop unto or acknowledge their authority and jurisdiction over him in this particular which he desired a-fore-hand to acquaint them with And that he must be forced out of conscience to that duty he owes to Himselfe his Liberties and the Liberties of his Countrey seeing their LORDSHIPS would neither be satisfied with his Protestation nor Appeale to the COMMONS nor yet with his refusing to kneele at their Bar nor consult with the House of COMMONS about the legality of their proceedings but the third time to send for him who they knew could not in this case stoop unto them as though they were resolved to tread the Liberties of all the COMMONS of ENGLAND under their feet And therefore seeing that they increased in their illegall an unwarrantable presumptiō he said he must increase in his just detestation of their actions and incroachments In testimony of which hee was resolved to come in with his HATON and to STOP his EARES when his charge was offered to be read which as I understand he accordingly did And having liberty sometimes to speak to them being commanded to withdraw three times and brought in again he told them to this effect with a great deal of resolution That they were not onely not his Judges but the manner of their proceeding with him was against all Law and Justice yea contrary to their own judgement lately given by themselves in February last in his own case of the Star-Chamber and of the Petition of Right For said he My Lords the warrant that commanded me to your Barre did summon me up to answer a criminall charge And being at your Bar I pressed you again and again to see it and earnestly intreated you that if you had any legall charge in writing against me that it might bee produced But contrary to Law and Justice you refused to do it contrary to all law just High Commission-li●e pressed me to answer Interrogatories cōcerning myself w●●ch fo●●●● 〈…〉 me to deliver in my Protestatiō aga●●●●● you And I have 〈◊〉 appp●aled ro my Legall Judges the COMMONS of ENGLAND assembled in PARLIAMENT who have received accepted read and committed my appeale and promised me justice in it And my Lords I tell you to your ●●ces These are the MEN that ONELY and ALONE have THE SUPREAM POWER of ENGLAND residing in them who when you have done all 〈◊〉 the worst you can they both must and will bee your Judges and mine But my Lords if you will not joyne issue with me there that you may know I neither feare you nor your Charge nor decline a legall proceeding about it preferre your charge against me in any Court of Justice in Westm●nster-Hall or any other Court in England rhat hath a legall jurisdiction over me and I will answer you The which if you refuse and will still persev●re in your incroachmens upon my Rights and Liberties know my Lords that here to your faces I bid defiance to you to doe the worst you can to me being resolved to spend my
first time hee came before them Iune 11. 1646. After he was come into the House some of his friends and some strangers stept in as by Law and Justice they might But the Earl of Manchester as Speaker of that House commanded them all to withdraw which they were forced to doe And this I averre not by hear-say but out of knowledge And the second time he came before them which was 23 Iune 1646. It was little otherwise his friends being turned out of doores though some of his enemies scoffers and deriders were permitted to stay And the third time which was upon the 11. Iuly 1646 as I understand he had much adoe with the dore-keepers to get his wife to be admitted in though a great many of the Sheriffes Sharks and Caterpillars that accompany the Hang-man to Tyburn the day he doth execution were freely admitted Hounscot the tyrannicall Prelates old-cruell Catchpole and now the Lords speciall Darling and Favourite a man transcendent in basenesse and wickednesse and therefore more fit sor their Lordships with some others of their own creatures were admitted in as parties fit to bear false witnesse against him and make false reports of his and his honesty And Lieutenant-Colonel Lilburns friends were so far from being admitted into the Lords House to see and behold the justnesse of their proceedings that the doore of the Painted-Chamber was locked and strongly guarded against them and if any of them in the croud got in there they had a second barre at their Lordships doore and if by great chance they at the opening thereof crowded in the Officers that stood at the inner doore took special care to hinder them from admittance there Oh the height of injustice and basenesse at the doing of which or hearing of it the Lords may justly blush for shame if they had either any honesty or ingenuity left in them and thus much for the first Position I come now to the second which is That if the Lords were a● Iudicature y●t they have no jurisdiction over Commoners But this is so fully proved in Mrs Lilburns Petition that I shall need to say no more to it but referred the judicious Reader thereunto and to a Printed Letter written by Mr. R. OVERTON a prisoner in Newgate committed thither by the Lords to Colonell HENRY MARTIN a Member of the Honourable House of Commons which Letter is a most notable rationall peece worth the reading I passe now to the third which is to give you some reasons to manifest that the LORDS are no Judicature t●all But ●e●r I shall crave leave to informe the Reader that the foregoing diseourse was made and finished above two moneths agoe and hearing that there was an Order from the Committee appointed by the House of Commons to consider of the priviledges of the Commons of England to bring Lieutenant Collonel Lilburne up before them I conceived he would then be a●liberty to write himselfe a●d his discourse I thought might adde much to strengthen the things I drive at and desire to declare and prove and therefore I ●av● sate still without makeing any p●●g●●sse to finish this discourse till this present conclusi●n of this present m●neth of November 1646. And my expectation I have not failed for he hath published two notable discourses of his own and some freind of his a third and therefore I shall earnestly desire the studious and inquisitive Reader for the further illustration and proofe of the first and second positions lavd down in pag. 6. and already handled in pag. 63. 64. 65. 78. c. seriously to read over the 23 24 25 26 27 28 29 30 31. pages of his first book called Londons Liberty in Chaines discovered printed Octob. 1646 And the 5. 6 7 8 9. 11. 14. 22. pages of his speech to the aforesaid Committ●e Nov. 6. 1646. and since by him published in print and called An Anatoamy of the Lords Tyranny And the 23 24 37 38 29 40 41 42 43 44. 46. 47. pages of his friends booke called Vox P●ebis a most notable discourse In the 26 27 28 29 31. 32. pages of which you may reade his Charge and ●entence in the House of Lords Now having premised this I returne to the third thing to be handled which is to give you some reasons to manifest that the Lords House are no ●udicatour at all And for the illustration of this I shall desire it may be considered that no j●dica●ure can justly be erected or set up unlesse it legally derive p●wer from those that have a legall power to erect constituce or institute it and I thinke this will be granted of all sides And therefore let us make inquisition who according to law and right in England ●ave an originall and true power to erect judicatures a●d I say onely the legall Commissioners of the people commonly called the Commons of England Assembled in Parliament and not the King who is not to give a law unto his people but his people unto him as is before largely proved pages 37 38 39 40 41 42 43. And as he confesseth in his Corona●●on-Oath that he hath taken or ought to have taken which you may read before pag. 31. 32. and which is declared by the statute of provisoes of benefices made Anno. 25. Ed. 3. Annodom 1350. which you may read in the statutes at large pag. 157. about the midst of which you have these words whereupon the said Commons have prayed our said Lord the King that sith the right of the Crowne of England and the law of the said Realme is such that upon the mischiefes and damages which happen to his Realme he ought and is bound by his oath with the accord of his people in his Parliament thereof to make remedy and law and in removing the mischiefes and damages which thereof insue that it may please him thereupon to ordaine remedy and it followes in these words Our Lord the King seeing the mischiefes and damages before mentioned and having regard to the said statute made in the time of his said Grandfather and to the causes contained in the same which statute holdeth alwayes his force and was never defeated repealed nor adnulled in any point and by so much he is bounden by his Oath to cause the same to be kept as the Law of his Rea●me though that by sufferance and negligence it hath been sithence attempted to the contrary c. But the House of Peeres neither derive nor challenge their Iudicature not in the least either from Commons in generall or from their Commissioners Deputies Trustees or Representors in Parliament Assembled and therefore are no legall Iudicature at all And that they do not derive their power either from the people under God the absolute and alone fountaine of all true power or their Commissioner read before pag. 45. where you shall finde that the King their groundlesse creator saith they have their power by blood and themselves claime it from no truer fountaine then by
both on him and all that had a finger in furthering of his usurpation vers 23 24 45 53 54 for afterward the Tyrant tha● they had set up destroyed them all for their pains and in the end had his scull broke to pieces with a piece of a mill-stone thrown from the hand of a woman And after many miseries sustained by the people of Israel for their revolt from their loyalty to GOD their LORD and KING Yet in their distresse hee took compassion of them and sen● them Samuel a just and righteous Judge who judged ●hem justly all his dayes But the people of Israel like foolish men not being content with the Government of their Soveraign by Judges who ou● of doubt took such a care of them that he provided the best in the world for them would reject their Liege Lord and chuse one of their own nam●y a King that so they might be like the Pagans and Heathens who ive without God in the world which Act af theirs God plainly declares was a rejection of him th●t he should not reign over them 1 Sam. 87. and chap. 10. 19. Bu● withal he desc●●beth vnto them the behaviour of the King vers 11 12 13 14 16. which 1 Sam. 8. 7. and 10. 9. is that he will rule and govern them by his own will just Tyrant like for saith Samuel he will take your Sons and appoint them for himselfe for his Chariots and to be his hor●em●n and ome shall run before his Chari t s and he will take by his Prerogative your Fi●lds and your Vineyards and you● Oliveyards eve● the hest of them and give them to his Servants and he will take your men-servants and your maid-servants and your goodliest young-men and your Asses and put them to his worke c. And saith Samuel you shall cry out in that day because of your King which ye shall have chosen unto you but the Lord will not hear you in that day And Samuel in the 12. C●ap●er gives them positively the reason ofi● which was that although GOD in all their straights had taken compassion on them and sent them deliveries and at the last had by himself set them free on every side so that they dwelt sately Yet all this would not content them but they would have a King to reigne over them when s●●h Samu●l the ●ord your God was your King therefore chap. 1● 19. saith Samuel ye have this day rejected your God who himself saved you out of all your adversities c. yea and in the 19. ver of the 12. chap. the People acknowledged that they had added unto all their sins this evill even to ask a King Whereb we may evidently p●rceive that this office of a King is not in the least of Gods institution neither is it to b● given to any man upon earth Because none must rule by his will but God alone And therefore the Scripture saith He gave them a King in his anger and took him away in his wrath Hosa 13. 11. In the second place for the proofe of the minor Proposition which is That Charles R. received his Crown and Kingdome by contract and agreement and hath broken his contract and agreement I thus prove And first for the first part of the position History makes it clear that WILLIAM THE CONQVEROVR OR TYRANT being a Bastard subdued this Kingdome by force of Armes Reade Speeds Chronicle folio 413. There being slain in the first Battell betwixt him and the English about sixty thousand men on the English party As Daniel records in his History fol. 25. And having gained the Country he ruled it by his sword as an absolute Conqueror professing that he was beholding to none for his Kingdome but God and his sword making his power as wide as his will just Tyrant like giving away the Lands of their Nobles to his Normans laying unwonted taxes and heavie subsidies upon the Commons insomuch that many of them to enjoy a barren liberty forsook their fruitfull inheritance and with their w●ves and children as out-lawes lived in woods preferring that naked name of freedome before a sufficient ☞ maintenance possest under the thraldome of a Conquerar who subvert●ed their Lawes disweaponed the Commons prevented their night meetings with a h●avi● penalty that every man at th● day closing should cover his fi●e and depart to his rest there by depriving them of all opportunity to consult together how to recover their liberties collating Office●s all both of command and judicature on those who were his 〈◊〉 made saith Daniel page 46. his domination such as he● would have it For whereas the causes of the Kingdome were before determined in every Shire And by a Law of King Edward Seg●ier all matters in question should upon speciall penalty without further deferment be finally decid●d in the Gemote or Conv●●●ions held monethly in every Hundred Now he ordained That four times in the yeare for certain dayes the same businesse should be determ●ned in such place as he would appoint where he constituted Judges to 〈◊〉 to that purpose and others from whom as from the bosom● of ●he Prince all litig●tors should have justice And to make them ●s miserable as slav●s could be made He ordered that the Laws should be practised in French A● P●itions and businesses of C●urt ●n French that so the poor miserable people might be gulled and cheated undone and destroyed not onely at his will and pleasure but also at the will and pleasure of his under Tyrants and Officers For to speak in the words of Martin in his History page 4 He enacted and established strict and severe Lawes and published them in his own language by meanes whereof many who were of great estate and of much worth through ignorance did transgress● and their sm●llest offences were great enough to entitle the CONQVEROR to their lands to the lands and riches which they did possesse All which ke seized on and took from them without remorse And in page 5. he declares hat he erected sundry Courts for the administra●i●n● his ●ew Lawes and of Justice and least his Iudges sh●uld bear to● great a sway by reason of his absence he caused them all to follow his Court upon all removes Whereby he not only curbed th●ir disp●si●ions which i●cited them to be great but also tired out the English N●tion with extraordinary troubles and excessive charges in the prosecution of Suites in Law From all which relations we may observe First from how wicked bloudy triviall base and tyrannicall a Fountain our gratious Soveraignes and most excellent Majesties of England have sprung namely from the Spring of a Bastard of poore condition by the Mothers side and from the p●rnitious springs of Robbery Pyracie violence and Murder c. Howsoever fabulous Writers striv● as Daniel saith to abuse the credulity of after Ages with Heroicall or mircaulous beginnings that surely if it be rightly considered there will none dote upon those kind of Monsters Kings bu●
shed in England Scotland and Ireland since these wars which is the blood of thousands of thousands For which if all the sons of men should be so base and wicked as not to doe their duty in executing justice upon him which Legally may and ought to bee done by those especially who have Power and Authority in their hands Yet undoubtedly the righteous God will and that I am confident in an exemplary manner in despight of all his bloody add wicked protectors and defenders For GOD is a just GOD and will revenge innocent blood even upon Kings Judg. 1 6 7. 1 Kings 21. 19. 22. 38. Isa 30. 33. Ezek. 32. 29. and will repay wicked and ungodly men Isai 59. 18. Therefore I desire those that shall thinke this a harsh saying to lay down the definition of a Tyrant in the highest degree and I am confident their own Consciences will tell them it is scarce possible to commit or doe that act of Tyranny that Charles Stewart is not guilty of and therefore de jure hath absolved all his people from their Allegeance and Obedience to him and which the Parliament are bound in duty and conscience De facto to declare and not to bee unjuster to the Kingdome then their predecessors have been which in part I have already memioned and shall to conclude only cite some particulars of the Parliaments just dealing with Edward the second who was not one quarter so bad as C. R who being called to account by the Parliament for his evill government and being imprisoned at Kenelworth-Castle the Parliament sent Commissioners to acquaint him with their pleasure the Bishops of Winches●●r Hereford and Lincoln two Earls two Abbots foure Barons two Justices three Knights for every County and for London and other principall places chiefly for the five Ports a certain number chosen by the Parliament And when they came to him they told him the Common-wealth had conceived so irreconcileable dislikes of his government the particulars whereof had been opened in the generall Assembly at London that it was resolved never to endure him as King any longer That notwithstanding those dislikes had not extended so far as for his sake to exclude his issue but that with universall applause and joy the Common-wealth had in Parliament elected his eldest sonne the Lord Edward for King They finally told him that unlesse he did of himselfe renounce his Crown and Scepter the people would neither endure him nor any of his children as their Soveraigne but disclaiming all Homage and Fealty would elect some other for King not of the Blood The King seeing it would be no better amongst other things told them That he sorrowed much that the people of the Kingdom were so exasperated against him as that they should utterly abhorre his any longer rule and soveraignty and therefore he besought all there present to forgive him and gave them thanks for chusing his eldest sonne to be their King which was greatly to his good liking that he was so gracious in their sight Whereupon they proceeded to the short Ceremony of his Resignation which principally consisted in the surrender of his Diadem and Ensignes of Majesty to the use of his son the new King Whereupon Sir William Trussel on the behalfe of the whole Realm renounced all homage and allegeance to the Lord Edward of Carnarvan late King The words of the definitive Sentence were these I William Trussel in the name of all men of the Land of England and all the Parliament Procurator resigne to thee Edward the Domage that was made to thee sometime and from this time forward now following I defy thee and deprive shee of all Royall power and I shall neuer be attendant to thee as for ●ing after this time But if any object It is true Subjects and people have de facto done this unto their Kings but they cannot doe it de jure for that Kings are above their people are not punishable by any but God I answer God is the fountain or efficient cause of all punishment But as to man instrumentally he inflicts by man And though he be our supream Lord and Law-Maker hath for bodily and visible transgressions of his Law appointed a visible and bodily punishment in this world for the transgressors thereof and man for his instrumentall executioner and never ordinarily doth it immediatly by himself but when his Instrument Man failes to doe his duty and being a God of order hath appointed a Magistrate or an impowred man as his and their executioner for the doing of justice and never goeth out of this Road but in extraordinary cases as he doth when the Magistrate is extraordinarily corrupted in the executing of his duty and in such cases God hath raised up particular or extraordinary persons to be his executioners And therefore God being no respecter of persons hath by nature created all men alike in power and not any lawlesse and none to bind each other against mutuall agreement and common consent and hath expr●sly commanded Man his rationall creature shall not tyrannize one over another or destroy by any intrusted power each other but that the intrusted Kings as well as others shall improve the utmost of their power and strength for the good and benefit protection and preservation of every individuall Trustee And whosoever he be that shall improve his intrusted power to the destruction of his impowrers forfeits his power And GOD the fountain of Reason and Justice hath endued man with so much reason mercy humanity and compassion to himself and his own Being as by the instinct Nature to improve his utmost power for his own preservation and defence which is a Law above all lawes and compacts in the world Declar. April 17. 1641. And whosoever rejects it and doth not use it hath obliterated the principles of Nature in himselfe degenerated into a habit worse then a beast and becomes felonious to himselfe and guilty of h●s own blood This Israel of old the Lords peculiar people understood as well as the people of England although they had 〈◊〉 expresse posi●ive law no more then we in England have to rebell or withdraw their obedience subjection from those Magistrates or Kings that exercise their power and authority contrary to the nature of their trust which is plain and cleare without dispute in the case of Rehoboam who was the son of Solomon who was the sonne of David who was assigned King by GOD and chosen and made King by the common consent of the people of Juda and Israel 2 Sam. 7. 13. And who by vertve of Gods promise to him and his seed to be Kings over his people had more to say for his Title to his and their Crown I am confident of it then all the Princes in the world have to say for their claim and childrens to their Crown For Rehoboam was not onely the sonne of Solomon who was in a manner intailed by God himselfe unto the Crown
Feb. 12. 1645. in the annihilating his unjust Sentence in the Star-Chamber Reade his printed Relation thereof page 1 2 ● and the last Which forced him to deliver in at their Bar his legall and just Plea and Protestation against their usurping jurisdiction over Commoners which you may reade in The Freemans freedome vindicated page 5. 6. Vpon which they commanded himto withdraw and then pag. 7. make an Order to commit him in these words Die Jovis 11. June 1646. IT is this day ordered by the Lords in Parliament assembled That Lieut. Col. John Lilburn shall stand committed to the Prison of Newgate for exhibiting to this House a scandalous and contemptnous Paper it being delivered by himselfe at the Barre this day And that the Keeper of the said Prison shall keepe him safely untill the pleasure of this House be further signified and this to be a sufficient Warrant in that behalfe John Brown Cler. Parl. To the Gentleman-Usher of this House or his Deputy to be delivered to the Keeper of Newgate I cannot hear that he either at this time misbehaved himself either in word or gesture towards them but gave them as much respect at this time as if he had been one of their own Creatures But away to Newgate he goes and Iune 16. 1646. directs his appeale to the Honurable House of Commons which you may read in the fore-mentioned booke pag. 9 10 11. Which appeale the House of Commons read approved of and committed to a sp●ciall Committee which Committee met and examined his businesse and as I am informed from very good hands made a vote to this eff●ct That his proceedings with and protestations against the Lords delivered at their barre and his appeale to the House of Commons was just and legall which they in justice ought to beare him out in which Report Collonel Henry Marti● that couraragious and faithfull Patrio● of his Country as Chairman of that Committee is to report to the House But immediately after the reading of this Appeale to the House out comes the fore-mentioned booke in prynt which it seemes did somthing startle the Lords who had let him lie quietly in Newgate till then without so much as sending him the Copy of any charge But upon this they send a Warran● againe for him which as I finde it in the 4. page of the Just man in Bonds thus followeth Die Lunae 22. Junii 1646 ORdered by the Lords in Parliament assembled that Lieutenant Collonel Iohn Lilburne now a prisoner in Newgate shall be brought before their Lordships in the High Court of Parliament to morrow morning by 10. of the clock and this to be a f●ffici●●● Warrant in that behalfe Iohn Browne Cler. Parl. To the Gentleman Usher of this House or his Deputy to be delivered to the Keeper of Newgate or his Deputy And accordingly the next day Lieutenant Collonel Lilbur●● was brought up to their barre and being called into the House was commanded to kneele which he refused to do for what reasons he is best able ●● declare which I hope he will not faile to do assoone as he enjoyes the liberty and priviledge to have pen inke and paper which by law he cannot be debarred of neither can it justly be denyed to the greatest Traytor in England And surely the Lords give a cleere demonstration to the whole Kingdome to judge that their own consciences tell them that he is an honest and a just man and their dealing with him is base wicked illegall and unjust that they dare not suffer him to enjoy pen inke and paper to declare the truth of his cause to the world which they have most unjustly and unrighteously kept from him by speciall Order for above three moneths together So that by the paw a man may judge of the whole body that is to say by their Lordships dealing with him a wise man may easily see what they would do to all the Freemen of England if their power were answerable to their wills which would be to make them as great slaves as the Pesants in France are who enjoy propriety neither in life liberty nor estate if they did not make us as absolute vassals as the poore Turks are to the Grand Seigneour whose lives and estates he takes away from the greatest of them when he pleaseth Therefore O all ye Commons of England marke well and eye with the eye of Jealousie these Lords the sons of pride and tyranny And not onely them but all their associats or Creatures especially in the House of Commons if any such be there for assure your selves enemies they are and will be to your liberties and freedoms what ever their specious pretences are to the contrary it being a Maxim in nature that every like begets its like Therefore trust them not no more then you would do a Fox with a Goose or a devoureing Wolfe with a harmelesse Lambe what ever they say or sweare having so palpably and visibly in the case of Mr. Lilburne broken all their Oathes Protestations Vowes and Declarations to maintaine the Lawes of the Land and the Liberties of ●he People But let us returne to their 2. summoning him to their Barre who being commanded to kneele refused and withou● any more discourse or so much as shewing him any legal charge they Commanded him to withdraw and for this cause alone he behaving himselfe this time also respectively enough saving in the Ceremony of kneeling they commit him close prisoner to Newgate A true Copy of their Warrant thus followeth Die Martis 23. Junii 1646. ORdered by the Lords in Parliament assembled that Iohn Lilburne shall stand Committed close prisoner in the Prison of Newgate and that he be not permitted to have pen inke or paper and none shall have accesse unto him in any kinde but onely his Keeper untill this Court do take further Order To the Keeper of Newgate his Deputy or Deputies Iohn Browne Cler. Parl. Exam. per Rad. Brisco● Cler. de Newgate And so from this 23. of June to the 11. of July then ensuing he was locked up close and neither his Wife Children Servants Friends Lawyers or Councellers permitted to have accesse unto him nor they never sent him word what they intended to do And all this while the Lords are picking matter against him having none it seemes when they first summ●ned him to their barre to grownd the least pretence or shaddow of a Charge against him and knowing his resolution to stand to his liberties they lay provocations upon him cōmit one act of injustice with a high hand upon the neck of another to provoke him to let some words fall or do some actions to en●nare himselfe that so they might have some coulor for their fu●ure proceedings with him And divers bookes coming out in his behalfe by some as it seemes who wished him well which to the purpose nettles the Lords for their cruelty towards him Serieant Finch as one of his Majesties Councel preferrs certaine Articles against
tyrannized over your Petitioners husband they command as your Petitioner is informed Mr. Sergeant Finch Mr. Hearn Mr. Hale and Mr. Glover to draw up a Charge against your Petitioners husband without giving him the least notice in the world of it to fit himself against the day of his tryall but contrary to all law justice and conscience dealt worse with him then ever the Star-chamber did not only in keeping his Lawyers from him but even all maner of Councellors Friends whatsoever even at that time when they were about to try him and then of a sudden send a Warrant for him to come to their Bar who had no legall authrity over him to hear his charge read where he found the Earle of Manchester his professed enemy and the only party of a Lord concerned in the businesse to be his chief Judge contrary to that just Maxime of law That no man ought to be both party judge a practice which the unjust Star-chamber it self in the days of its tyranny did blush at and refuse to practise as was often seen in the Lord Coventries case c. And without any regard to the Earl of Manchesters impeachment in your House of treachery to his countrey by L. Gen. Cromwel which is commonly reported to be punctually and fully proved a charge of a higher nature then the Earl of Strafford for which he lost his head And which also renders him so long as he stands so impeached uncapable in any sense of being a Judge And a great wrong and injustice it is to the kingdome to permit him and to himself if innocent not to have had a legall tryall ere this to his justificat●on or condemnation And besides all this because your Petitioners husband stood to his appeal to your Honours and would not betray Englands liberties which you have all of you sworn to preserve maintain and defend they most arbitrarily illegally and tyrannically sentenced your Petitioners said husband to pay 4000. l. to the King not to the State for ever to be uncapable to beare any Office in Church or Common-wealth either Martiall or Civill and to lie 7. years a prisoner in the extraordinary chargeable prison of the Tower where he is in many particulars illegally dealt withall as he was when he was in Newgate Now forasmuch as the Lords as they claim themselves to bee a House of Peers have no legall judgement about Commoners that your Petitioner can heare of but what is expressed in the Statute of the 14. Ed. 35. which are delayes of justice or error in iudgement in inferior Courts only and that with such limitations and qualifications as are there expressed which are that there shall be one Bishop at least in the judgement an expresse Cōmission from the King for their medling with it All which was wanting in the case of your Petitioners husband being begun and ended by themselves alone And also seeing that by the 29 of Magna Charta your Petitioners husband or any other Commoner whatsoever in criminall cases are not to be tried otherwise then by their Peers which Sir Ed Co●k in his exposition of Magna Charta which book is printed by your own speciall authority saith is meant equals fol. 28. In which saith he fol. 29. are comprized Knights Esqu●res Gentlemen Citizens Y●ome● Burgesses of severall degrees but no Lords of Parliament And in p. 46. he saith No man shall be disseised that is put out of seison or dispossessed of his freehold that is saith he lands or livelihood or of his liberties or free customes that is of such franchises and freedoms and free customes as belong to him by his fre● Birth-right unlesse it be by the lawfull judgement that is verdict of his Equa●s that is saith he of men of his own condion or by the law of the land ●h●t is to speak it once for all By the due course processe of law Au saith he 〈◊〉 man shall be in any sort destroyed unlesse it be by the ve dict and judgement of his Peers that is eq●als ●r by the law of the land And the Lords themselves in old time did truly confesse That for them to give judgement of a Commoner in a criminall case is contrary to law as is clear by the Parliaments record in the case of Sir Simon d' Bereford 4. Ed. 3. Rot. 2. the true copy of which is in the hands of M. H. Mart●n they there record it That his case who was condemned by them for murdering King Edw. 2. shal not be drawn in future time into president because it was contrary to law they being not his Peers that is his Equals And forasmuch as the maner of their proceedings was contrary to all the former ways of the law publickly established by Parliament in this kingdom as appears by severall Statutes o o 5. Ed. 3. 5. 25. Ed. 3. 4. 28. E. 3. 3. 37. Ed. 3. 8. 38 Ed. 3. 9. 42 Ed. 3. 3. 17 Ri 2. 6. Rot. Parl. 43. E. 3. Sir lo. Alces case num 21 22 23 c. lib. 20. fol. 74. In case declar Marshalses ●ee Cook 2. part Instit fol. 464 which expresly say That none shall be imprisoned no● put out of his free-hold nor of his franchises nor free customes unless it be by the law of the land and that none shall be taken by Petition or suggestion made to the King or to his Councel unlesse it be by indictment or presentment of good and lawfull people of the same neighborhood where such deeds be done in due manner or by processe made or by Writ original at the common-law Which Statutes are nominally and expresly confirmed by the Petition of Right by the Act made this present Parliament for the abolishing the Star-chamber and thereby all acts repealed that formerly were made in derogation of them But contrary hereunto the Lords like those wicked Justices spoken of by Sir Ed. Cook p p Pat. Instit 51. in stead of trying her husband by the law of the land proceed against him by a partiall tryall flowing from their arbitrary will pleasure and discretion c. * For though they summoned him up to their Bar June 10. 1646. Rot. part 2. 1. H. 4. mem 2. num 1. 27. Instit f. 51. Book declar 58 39 278 845. to answer a Charge yet they refused to shew it him or give him a Copy of it but committed him to Newgate Iune 11. 1646 although he behaved himself then with respect towards them both in word and gesture meerly for refusing to answer to their Spanish Inquisition-like Interrogatories and for delivering his legall Protestation Their Mittimus being as illegall as their summoning of him and their own proceedings with him Their commitment running To be kept there not till he be delivered by due course of Law but During their pleasure which Sir Edw. Cooke saith is illegall q q 2 part instit fol. 52 53. and then locked up close
left to do what is aright in his own eyes without either guide or rule the wisdome of this State hath intrusted the Parliament with a power to supply what shall bee wanting on the part of the Prince as is evident by the constant custome and practice thereof in cases of nonage naturall disability and captivity and the like reason doth and must hold for the exercise of the same power in such cases where the Royall Trust cannot bee or is not discharged and that the Kingdome runs an evident and eminent danger thereby which danger having been declared by the Lords and Commons in Parliament there needs not the authority of any person or Court to affirme nor is it in the power of any person or Court to revoke that judgment for as they well say in their Declaration of the 26. of May 1642. page 281. it is not agreeable to reason or conscience that it should be otherwise seeing men should be put upon an impossibility of knowing their duty if the Judgment of the highest Court should not be a rule and guide to them And if the Judgment therefore should be followed where the question is who is King as before in that Declaration they have rpoved it ought much more what is the best service of the King and Kingdome and therefore those that shall guide themselves by the judgment of Parliament ought what ever happen to be secure and free from all account and penalties upon the grounds and equity of this very Statute of 11. Hen. 7. Chap. 1. And again page 697. they say very rationally There must be a Judge of the question wherein the safety of the Kingdome depends for it must not lie undetermined And if then there be not an agreement betwixt his Majesty and the Parliament either his Majesty must be Judge against his Parliament or the Parliament without his Majesty It is unsound and irrationall to give it to his Majestie who out of the Courts is not Judge of the least dammage or trespasse done to the least of his Subjects but the Parliament is the Representative Body of the whole Kingdome and therefore the absolute proper and legall Judge Besides If his Majesty in the difference of Opinions should be Judge he should be Judge in his own case but the Parliament should be Judges between his Majesty and the Kingdome And if his Majesty should be Judge hee should be Judge out of his Courts yea and against his highest Court which he never is nor can be but the Parliament should only judge without his Majesties personall consent which as a Court of Judicature it alwayes doth and all other Courts as well as it Therefore if the King be for the Kingdome and not the Kingdome for the King And if the Kingdome best knowes what is for its own good and preservation and the Parliament be the Representative Body of the Kingdome It is easie to judge who in this case should be Judge And therefore the Parliament are bound in duty to those that trust them to see that the king dispose aright of his trust being that right that the King hath as King in the things he enjoyes is of a different nature and for different ends to the right of propriety which a particular man hath in his Goods and Lands c. That of propriety is a right of propriety which a particular man may dispose of as hee pleaseth according to his own discretion for his own advantage so it bee not contrary to the publike good but the right of the King is only a right of trust which he is to mannage in such wayes and by such Councels as the Law doth direct and only for the publike good and not to his private advantages nor to the prejudice of any mans particular Interests much lesse of the Publike page 700. And therefore say they page 687. The King hath not the like liberty in disposing of his own person or of the persons of his children in respect of the Interest the Kingdome hath in them as a private man may have But if it shall be objected that the Parliament the representative of the Kingdome are not to intermeddle in the managing of his Maj●sties trust because of the Oaths that they have taken wherein they swear that His Majesty is supreame Head and Governour over all persons and over all causes within his Dominions to which I shal return partly their own answer p. 703. That notwithstanding this they are bound to see it managed according to the true intent condition therof for no man doth nor can give a power to destroy himself and therefore say they If we should say the King hath in the Government of his People Superiors to wi● the Law by which he is made and his Courts c. It were no new Doctrine We have an antient Author for it viz. Fleta Book 1. Chap. 17. of substituting of Iudges If we should say the King is the single greatest but lesse then the whole it were no new learning it being an undeniable rule in reason that they that make a thing are alwayes greater then the thing made by them and certainly this of supreame Head and Governour over all persons in all causes as it is meant singular or single persons rather then of Courts or of the Body collective of the whole Kingdome so it is meant in curia non in camera in his Courts that his Majesty is supreame Head and Governour over all persons in all causes and not in his private capacity and to speak properly It is only in his High Court of Parliament wherein and wherewith his Majesty hath absolutely the supream power and consequently is absolutely supreame Head and Governour from whom there is no Appeale And if the High Court of Parliamen may take an account of what is done by his Majesty in his inferiour Courts much more of what is done by him without the Authority of any Courts And for my part say that though the King be the Supream Officer which is all and the most he is yet he is not the supreame Power for the absolute Supream Power is the People in generall made up of every individuall and the legall and formall supream Power is only their Commissioners their collective or representative Body chosen by them and assembled in Parliament to whom the King is and ought to give an account both of his Office and Actions yea and to receive rules directions and limitations from them and by them And although King John the 7. from William the Rogue aiias the chiefe Robber or Conquerour was so Atheistically and impiously wicked as to give away his kingdome of England unto the Pope as is before declared * pag. which was none of his owne to give or dispose of either to him or any other whatsoever which the people that lived in those dayes very well knew and understood and therefore as Speed in his Chronicles records fol. 565. in a generall Parliament held
in or about the year 1214. The Prelates Lords and Commons severally and joyntly enacted That forsomuch as neither King John nor any other King could bring his Realme and People to such thraldome but by common consent of Parliament which was never done and that in so doing he did against his Oath at his Coronation besides many other causes of just exception If therefore the Pope thence forwards should attempt any thing therein the King with all his Subjects should with all their forces and powers resist the same and rather hazzard all their lives and livelihood then endure his usu● pation● But if any man should so dote upon those Pagean●s Tyrants Kings the supposed and pretended a●nointed of the Lord as yet not to think it sufficient to prove that not onely the present King Charles his own acknowledgment and confession will be of force sufficient to pull all Scales of blindnesse from their eyes and all hardnesse and unbelievingnesse of heart from their hearts His own words in his answer to the House of Commons first Remonstrance Book Declar. pag. 25. are these We have thought it very suitable to the duty of Our place and pag. 29. and We ●aith he doubt not it will be the most acceptable Declaration a King can make to his Subjects that for Our part We are resolved duly not only to observe the Lawes Our Self but to maintain them agrinst what opposition soever though with the hazard of Our Being and a little below We acknowledge it a high crime saith he against Almighty God and inexcusab●● to Our good Subjects of Our three Kingdomes if We did not to the utmost imploy all Our power and faculties to the speediest and most effectuall assistance and protection of that distressed people of Ireland And in his Message 28 April 1642. page 157. speaking of the Militia he saith We conceive it prejudiciall to Our Self or inconvenient for Our Subjects for whom We are trusted and page 167. Himself saith That if the Prerogative of the King over-whelme the Liberty of the People it will be turned to tyrannie And he himself page 284. defines tyrannie to be nothing else but to admit no rule to govern by a mans own will But above all the rest remarkable is his own confession in his answer to the Parliaments Declaration of the 19. May 1642. where in page 152. He honestly and plainly acknowledgeth that He is to give an account of his Office not only to God but also to his other Kingdoms But as the Parliament saith page 701. This is a strange Paradox that his Majesty by his own Confession owes an ●account to his other Kingdomes of his Office and Dignity of a King in this kingdome itself where he resides and hath his being and subsistence And in page 311. He acknowledgeth God hath entrusted Him with his regallity for the good of his People and if it be for their good then not for their mischief and destruction but God hath entrusted him and how is that The truth is God is no more the Author o● Regall then of Aristocratical power nor of Supreame then of Subordinate Command Nay that Dominion which is usurped and not just whilest it remains Dominion and till it be legally again divested refers to God as its Author and Donor as much as that which is Hereditary and permissively from God and not approbationally instituted or appointed by him And that Law which the King mentioneth is not to be understood to bee any speciall Ordinance sent from Heaven by the Ministry of Angels or Prophets as amongst the Jewes it sometimes was It can be nothing else amongst Christians but the actions and agreements of such and such politike Corporations Power is originally inherent in the People and it is nothing else but that might and vigour which such and such a Society of men contains in it self and when by such and such a Law of common consent and agreement it is derived into such and such hands God confirmes the Law And so man is the free and voluntary author the Law is the instrument and God is the establisher of both as the observator in the first page of the first part of his most excellent observations doth observe And though Kings make a huge matter of that saying of God by me Kings Raigne as though there were some superlative naturall inbred inherent deity or exellency in Kings above other men y●t we may say an● that tru●y That by God all mankind lives moues and have their being yea and raignes and gove●ns as much by God in their inf●rior orbs of Cityes hundreds wa●enta●es and families as well as Kings in their Kingdoms yea though God himselfe in an extraordinary and immediate manner chose a●d appointed Saul David and Solomon to be Kings of Israel Yet so just was the righ●eous God that ●e w●u●d 〈◊〉 imp●se them u●o● the people of Isra●l against their own ●il●● and mind●s 〈◊〉 he● did t●ey rule as K●●g till by t●e c●mmo● c●nsent of t●e people they ch●se ●hem and 〈◊〉 ●he● to raigne ov●r ●hem 1 Sam. 10. 20. 24. 2 Sam. 2. 24. and Ch●p 5. 1. 2. and 3. and 1 Kings 38 39 ●0 So t●at ●h●ir auth●r●ty did originally as inhere●tl● flow from the pe●ple as well as their speciall ●ssig●ation from God a●d t●ey were to rul● and govern them by the Law of God ●nd not by the rule and Law of their own wil● unto which Law ●hey were to be as 〈◊〉 and subject as the meanest of the people yea and as ●ya●le to punishment and to have their tra●sgr●ssi●ns ●ayd to t●●ir charge As Lieu●e●a●t Collon●l Lilburne ●ath 〈◊〉 and fully proved in his late printed Epistle to Judge Reves p●g These things righ●ly considered doth co●demn thos● two maxims for wicked ungodly and tyrannic●●l w●ich are ●ayd downe so in the booke of D●clara●io●s pag 199. 3. 4. viz. That the King can do no wrong The second is that the King is the fountaine of justice But to returne againe to the Kings own word ●e saith pag. 313. We were unwo●●hy the trust repo●ed in us by the Law and of our descent from so many great and famous Ancestors if w● could be brought to abondon that power which onely can enable us to performe what we are sworne to in protecting our people and the Lawes What can be said more plaine then this to prove him an Officer of 〈◊〉 Trust But seeing he speakes of his Ancestors Let me tell him that if he had no better title to his Crown then to claime it his by a kind of Divine Right from his Progenitors and because he is the next Heire to King James It would be by Scripture a very weak title We find in Scripture that Salomon a younger Son c. was made King principally because of his fitnesse to govern when divers of his elder brethren wen● without the Crown And if any in the world might have pleaded the priviledges of being next heire Davids Sons and Sons