restored to his own and sit Judge amongst us It was King Charles the first who granted that the burthen of excise should not be laid on the shoulders of his Subjects but the Rebels with their intollerable and monstrous Excises new found impositions and other unspeakable grievances have beggered the Subjects and undone the whole Kingdome both in their Estates and Reputation To be short whatsoever they voted unlawfull for the King to do they have done that and ten thousand times worse so that though we want not bodies to feel the miseries which they have brought upon us yet we want tongues to expresse the wofulnesse of our Condition and the incomparable wickedness of these Traytors And what greater pretence have they had for their actions than to say that the King was not the Supreme Governour over his Subjects A contradiction in it self but we will proceed further to manifest their error Sir Thomas Smith in his common-wealth of England saith cap. 9. By old and antient Histories that I have read I do not understand that our Nation hath used any other general Authority in this Realm neither Aristocratical nor Democratical out only the royal Kingly Majesty who held of God to himself by his Sword his People Crown acknowledging no Prince on Earth his Superiour and so it is kept holden at this day which truth is sufficiently warranted in our Law-Books The state of our Kingdome saith Sir Edward Cook li. 4. Ep. ad lectorem is Monarchical from the beginning by right of inheritance hath been successive which is the most absolute and perfect form of Government excluding Interregnum and with it infinite inconveniences the Maxim of the common Law being Regem Angliae nunquam mori That the King of England never dyeth then doubtlesse the Rebels could not by Law mortifie both the natural and politique capacity of the King And in Calvins case li. 7. The weightiest case that ever was argued in any Court than which case according to my Lord Cokes observation never any case was adjudged with greater concordance and lesse variety of opinions and that which never fell out in any doubtfull case no one opinion in all our books is against that judgment In this case it was resolved amongst other things Fo. 4. c. 1. That the People of England c. were the Subjects of the King viz. their Soveraign liege Lord King James 2. That Ligeance or obedience of the Subject to the Soveraign is due by the Law of Nature 3. That this Law of Nature is part of the Laws of England 4. That the Law of Nature was before any judicial or municipal Law in the world 5. That the Law of Nature is immutable and cannot be changed From which resolutions we may conclude that the Subjects of the King of England unlesse they like God Almighty could alter the Law of Nature They could not alter their obedience and subjection to their Soveraign Lord King Charles For if by the Law of Nature obedience from them was due to the natural body as I shall further prove of King Charles and if the Law of Nature is immutable as most certainly it is Bracton lib. 1 ca. 5. D. Stu. ca. 5. 6. then could not they have any cause whatsoever as altering their Religion banishing or killing of them a sufficient ground for them to take up arms against him and put him to death For by this they go about to change the Law of Nature which is impossible for mortals to do But say some by the Law of Nature we may defend our selves and therefore leavy war against the King for our own defence I answer that by the Law of Nature we are bound to defend our selves yet must we use no unlawfull means for our defence for the Subjects to levy war against their Soveraign is forbidden both by the Laws of God and Nature Therefore vain and foolish is that excuse as well as all others which the Rebels make use of to defend their Rebellion Ligeance is a true and faithfull obedience of the Subject due to his Soveraign It is an obligation upon all Subjects to take part with their Liege Lord against all men living to aid and assist him with their bodies and minds with their advice and power not toft li up their arms against him nor to support in any way those who oppose him This ligeance and obedience is an incident inseparable to every Subject of England and in our Law-books and many Acts of Parliament as in 34 H. 8. cap. 1. 35 H. 8. cap. 3 c. The King is called the liege Lord of his Subjects and the people his liege subjects Every Subject of England taketh the Oath of ligeance which is only due unto the King yet doth not the ligeance of the Subject to the King begin at the taking of this Oath at the Leet For as it was resolved in Calvins Case so soon as the Subject is born he oweth by birth-right ligeance and obedience to his Soveraign Lord the King Because ligeance faith and obedience of the Subject to the Soveraign was by the Law of Nature written with the Finger of God in the Heart of Man before any municipal or judicial Laws were made 1. For that Moses was the first Reporter or writer of Law in the World yet government and subjection was long before Moses 2. For that it had been in vain to have prescribed laws to any but to such as ought obedience faith and ligeance before in respect whereof they were bound to obey and observe them Frustra enim feruntur leges nisi subditis obedientibus You may read likewise in Calvins Case That the King of England hath his title to the Crown by inherent birth-right by descent from the blood royal from God Nature and the Law and therefore not by way of trust from the two Houses of Parliament or from the People Neither is his Coronation any part of his Title but only an ornament and solemniation of the royal descent For it was then resolved that the title of King James was by dessent and that by Queen Elizabeths death the Crown and Kingdom of England descended to his Majesty and he was fully and absolutely thereby King without any essential ceremony or act to be done Ex post facto So in the first year of the same Kings reign before his Majesties Coronation Watson and Clarke seminary Priests and others were of opinion that his Majesty was no compleat and absolute King before his Coronation but that Coronation did adde perfection to the descent and therefore observe saith my Lord Cook their damnable and damned consequent that they by strength and power might before his Coronation take him and his royal Issue into their possession keep him prisoner in the Tower remove such Counsellors and great Officers as pleased them and constitute others in their places c. and that these and others of like nature could not be treason against
is never good which turneth again and the good Christian will suffer himself to be broken in a thousand pieces before he will turn again with resistance against his persecuting King for why He knoweth that though he suffer here on Earth yet God will glorifie him in Heaven though he be contemned by the King yet he shall be exalted by God and though he dye by the Kings unlawfull command yet his comfort is that his dead body shall arise by the eternal Decree of the Almighty and so the good will always receive praise of the Power Neither are the Rulers a terrour to him because he always aboundeth with good works Hor. Integer vitae scelerisque purus Non eget Mauri Jaculis nequè arcuâ— Nec Venenatis gravida sagitis Fusce Pharetra Who lives upright and pure of heart Oh Fuscus neither needs the Dart Nor Bow nor Quiver fraught with store Of Shafts envenom'd by the Moor. Innocence is the only buckler which protecteth a loyal Subject from the terrour of his Soveraign But Traytors who have rebelled against their king deserved death by the known Laws of the Land These men must preach up Mr. Prynnes Doctrine to cover their malice hold the truth in unrighteousnesse and when with offensive Arms contrary to all Law and Religion and against their allegiance and oaths they set upon the Kings sacred Majesty and with an innumerous multitude of unhallowed Rebels they fight against and strive to murther their dread Soveraign in the open Air They must have the impudence with Mr. Prynne to excuse themselves may think it a glorious Apology To averr confidently that it was never the meaning of St. Paul nor the Holy Ghost to inhibit Subjects to take up defensive Arms against Kings themselves And thus they invoke St. Paul himself and the Holy Ghost to patronize their wicked Treasons and unparallel'd Rebellions and belch out Blasphemy to defend their injustice and themselves from the justice of their injured Soveraign The Apostles did not only teach us with their Doctrine that resistance of the power was unlawful but also suffered themselves to be wickedly massacred and murthered before they would resist an unjust power Nay all the primitive Christians which Mr. Prynne confesseth although they were many in number and sufficiently able to defend themselves against their Persecutors by force and Arms yet did refuse to do it yielding themselves up to any tortures punishments deaths without the least resistance of the power either in word or deed Nay our Saviour himself acknowledged that Pilate had power given him from above to Crucifie him as you may read in St. Iohn 19.10 Then saith Pilate unto him Speakest thou not unto me knowest thou not that I have power to Crucifie thee and have power to release thee Jesus answered Thou couldest have no power at all against me except it were given thee from above Therefore he which delivered me unto thee hath the greater sin Yet Mr. Prynne with his confident averrment for he cannot bring one word of Scripture for what he saith goeth about to maintain the defensive Warr as he calls it of the Subjects against their Soveraign Lord the King lawfull both in point of Law and Conscience Tantumnè potest suadere malorum Religio Could his Religion do this His surely and only his for it is against the foundation of Christian Religion and Mr. Prynne must publish a new Gospel or else rectifie the Bible at the Presbyterian Oracle before his King-killing books will be Canonical He bringeth his arguments from the time that never was nor ever will be for saith he 2d pâ—rt of his Soveraign power of Parliaments fo 82 83. Kingdoms were before Kings ergo the King hath no absolute negative voyce c. I alwayes thought that Kings were before Kingdoms they being correlativa and doubtlesse if Fathers were before Sons and Masters before Servants then Mr. Prynne speaks nonsense but for his Apology you must understand that he means Countryes and people were before Kings but I think that is false too for the first man Adam was a King and Mr. Prynne cannot shew any time before England was governed by Kings And the word Kingdom in the Reports of our book cases and in Acts of Parliaments also is oftentimes taken for the King himself as you may read in Calvins case lib. 7.12 Therefore since by the Laws of the Land there can be no Parliament without the King that the word Kingdom is often used for the King himself who can deny the truth of the Title of Mr. Prynnes book which saith That the Parliament and Kingdom are the Soveraign power But latet anguis in herba Open the leaves of his book and you will see the mystery of iniquity clouted together If the King saith Mr. Prynne dye without heir then the people might make what lawes they should think fit Ergo the Members at this day have power without the King to make Lawes and are the most absolute supreme power and law-giver not the King If the Sky fall we may perhaps catch Larks but it doth not therefore follow that we may catch Larks presently Mr. Prynne knoweth that it is a Maxim in Law that the King never dyeth But admit the King should dye without heir and that then the people had power to make Lawes yet grosse it were to conclude that the members of the two Houses might so do because they are dissolved and are extinct when the King dyeth Therefore with more reason as a Royalist observes the King might argue thus All the lands in England are holden mediatly or immediately of the King and if the owners dye without heir by the lawes of the Realm their lands escheat to the Crown and so become at the Kings disposal But every man may dye without heir Ergo All the lands in England at this present are the proper inheritance of the King No Lawyer can deny Major or Minor yet the Conclusion thereupon is absurd The Court of Parliament saith Mr. Prynne hath power to avoid the Kings Charters c. made against law Ergo it hath the Soveraign power and is above the King and why not Ergo the Court of Chancery or any other of the Courts of Law at Westminster have the soveraign power and are above the King for they have power to nullifie and avoid the Kings Charters c. made against Law But I am sick of Mr. Prynnes impertinence and nonsense if any one be desirous to drink more of it I referre him to the Ocean his Book I will only give you a taste of the abuses which Mr. Prynne hath cast on Venerable Bracton and how Mr. Prynne endeavoureth to make Bracton speak Mr. Prynne's own sense against Bracton's own sense expresse words and meaning And since Mr. Prynne can make the Gospel and Holy Ghost speak what he pleaseth no wonder if he hath the Law-books at his beck Bracton saith as you have already heard That the King
own stipendaries and cast out of the pack as an unprofitable Member He incouraged the Souldiers to fight against the King dedicated his Volumes to their chief Commanders loaded them with high Commendations and incomparable praises and made them believe that they could do God no better service than to go on vigorously in their Rebellion So that it may be truly said that his paper pellets did more harm than the roaring Guns or cutting Swords He laboured night and day to glorifie and vindicate the Parliament in their wicked proceedings at home and as his books will manifest he spared many hours from his natural rest to promote the unnatural Warrs abroad Yet now nec invideo he prosecuteth them with reproaches as much as he did then with praises himself being become hatefull to them all verifying the Proverb of Solomon cap. 24.24 He that saith unto the wicked thou art righteous him shall the people curse Nations shall abhorre him Therefore I once more advise him as a friend to write a book of Retractations The Lord be merciful unto us the men of our times would make one believe that there never was a King in the World Nay they would seem to make the Kings so highly esteemed of by God all the Prophets and Apostles in Scripture but meer white walls the empty shadows of the people and the Bible but a bundle of Fables as if God never took no more notice of a King than of an ordinary Porter How Judas sirnamed the Long Parliament betrayed and murthered Charles the first The best of all Kings and contrary to all Law and Religion and the common interest of the people Banish Charles the 2d our only lawful King and Governour The mystery of their iniquity laid open and that they are the greatest and most wicked Tyrants that ever dwelt upon the face of the Earth and the Child which is unborn will rue the day of their untimely birth Of what persons a Parliament consisteth No Parliament without the King The Original institution of Parliaments and that the House of Commons which now make themselves Kings over King and people were but as of yesterday have no legal power but what is derived from the King and never were intrusted with any power from the people much lesse with the Soveraignty which they now Tyrannically usurpe The Kings Soveraignty over Parliament and people copiously proved King Charles his Title to the Crown of England To him only belongeth the Militia the power of chusing Judges Privy Counsellors and other great Officers c. He is head in Ecclesiastical causes and our sole Legislator Our Ancestors alwayes found and accounted Monarchy to be the best of Governments and most profitable for us yet these 40 or 50. Tyrants contrary to all Antiquity and common sense and feeling sit and vote Monarchy dangerous and burthensome That all persons put to death since the murther of Charles the Martyr by the power of our new States-men have been murthered and their Judges Murtherers and so it will continue until they receive their power and authority from Charles the 2d and that we shall never enjoy peace or plenty until our King be restored to his Kingdoms which a pack of Tyrants and Traytors not the People keep from him How the Law abhorreth to offer violence to the King and how these Rebels transgresse all Laws both of God and Man to uphold themselves in their unparallel'd Villanies A History which commandeth the serious contemplation of our age and worthy of the observation of all the people in the World and of all future Generations not that they might imitate but detest and loath these Perfidious and Rebellious transactions Perlege deinde scies HAving sufficiently prov'd out of our Law books that by the Common Law of the Realm the King hath the Soveraign power over Parliament and People and ought not to be questioned for his actions by any of his Subjects taken either distributively or collectively in one intire body because he hath no Superiour on Earth but God Almighty Let us now take a brief view of the Statutes and Acts of Parliament which have from Age to Age confirmed what I have said as an undoubted inviolable and indisputable truth And since there are those amongst us who talk much of a power in the Parliament as they call the two Houses which they pretend to be above and Superiour to the King Let us examine what this high and mighty Creature is whence and when it had its original what is its true natural and legal power and of what persons it doth consist The Kings high Court of Parliament consisteth of the Kings Majesty sitting there as in his Royal politick capacity and of the three Estates of the Realm viz. 1 Of the Lords spiritual Arch-Bishops and Bishops being in number 24 who sit there by succession in respect of their Counties or Baronies parcell of their Bishopricks which they hold also in their politick capacity 2. The Lords temporal Dukes Marquesses Earls Viscounts and Barons who sit there by reason of their Dignities which they hold by descent or creation being in number 106. And every one of these when the King vouchsafeth to hold a Parliament hath a Writ of Summons The third Estate is the Commons of the Realm which are divided into three parts viz. into Knights of Shires or Counties Citizens out of Cities and Burgesses out of Borroughs All which the King commandeth his Sheriffs to cause to come to his Parliament being respectively Elected by the Shires or Counties Cities and Burroughs and in number 493. It is called Parliament because every Member of the Court should sincerely and discreetly Parler la ment for the general good of the Common-wealth This Court of Parliament is the most high and absolute the supremest and most antient in the Realm it Maketh Enlargeth Diminisheth Abrogateth Repealeth and Reviveth Laws Statutes Acts and Ordinances concerning matters Ecclesiastical Capital Criminal Common Civil Martial Maritine c. to be short so transcendent is the power and jurisdiction of the Parliament as it cannot be confined either for Causes or Persons within any bounds Of this Court it is truly said Si antiquitatem spectes est vetustissima si dignitatem est honoratissima si jurisdictionem est capacissima Yet notwithstanding this Almighty power as I may say of the Parliament do but cut off the Kings head or any ways take away the King and it is nothing Then a petty Court of Pypowders hath more power and jurisdiction than that The King is the Soul of the Parliament and without him it is but Putre Cadaver a stinking Carcasse for as my Lord Coke observeth of this Court the King is Caput principium et finis And it is a baser and more odious part then the Rump of a Parliament which wanteth all these and as in a natural body when all the Sinews being joyned in the head do joyn their forces together for the strengthening of the body
nor detract the Magistrate 1 Pet. 2.17 Fear God honour the King Prov. 30.31 A King against whom there is no rising up Eccles 10.20 Curse not the King no not in thy thought 1 Sam. 24.6 The Lord forbid that I should do this thing unto my Master the Lords anointed to stretch forth mine hand against him seeing he is the anointed of the Lord. From which premisses none unless those who deny the Scripture can deny these Consequences That the jura regalia of Kings are holden of Heaven and cannot for any cause escheat to their Subjects That active obedience is to be yielded to the King as Supreme in omnibus licitis in all things lawfull But if God for the punishment of a Nation should set up a Tyrannical King secundum voluntatem pravam non rationem rectam regentem governing by his depraved will against reason and commanding things contrary to the word of God we must not by force of arms rebel against him but rather than so if not prevailing by Petition unto him or escaping by flight from him patiently submit to the losse of our Lives and Estates and in that case Arma nostra sunt preces nostrae nec possimus nec debemus aliter resistere Our prayers and tears should fight and not our Swords For who can lift up his hands against the Lords anointed and be guiltless This in Scripture we find practised by Gods people to Pharaoh Exo. 5.1 and the same people to Nebuchadnezzar a Tyrant were commanded to perform obedience and to pray for him Though there was no wickednesse almost which he was not guilty of His Successor Darius Daniel obeyed and said O King live for ever Dan. 6.21 For now no private person hath with Ehud Judg. 3.21 extraordinary commandment from God to kill Princes nor no personal warrant from God as all such persons had who attempted any thing against the life even of Tyrants Nil sine prudenti fecit ratione vetustas 2. The King hath his Title to the Crown and to his Kingly office and power not by way of trust from the people but by inherent bigthright immediately from God Nature and the law 1 Reg. Ja. ca. 1. li. 7.12 Calvins caâ—e 3. The Law of Royal government is a Law Fundamental 1 pars Jnst fo 11. 4. The Kings Prerogative and the Subjects Liberty are determined and bounded by the Law Bracton fo 132. Plowden fo 236 237. 5. By Law no Subjects can call their King in question to answer for his actions be they good or bad Bracton fo 5 6. Si autem ab eo petatur cum Breve non Currat contra ipsum locus erit supplicationi quod factum suum corrigat emendet quod quidem si non fecerit satis sufficit ei ad poenam quòd Dominum expectet ultorem Nemo quidem de factis suis praesumat disputare multo fortius contra factum suum venire If any one hath cause of action against the King because there is no Writ runneth against him his only remedy is by supplication and petition to the King that he would vouchsafe to correct and amend that which he hath done which if he refuse to do Only God is to revenge and punish him which is punishment enough No man ought to presume to dispute the Kings actions much lesse to rebel against him 6. The King is the only Supreme Governour hath no Peer â— his Land and all other persons have their power from him 3 Ed. 3.19 Bracton li. 1. cap. 8. Sunt etiâ—m sub Rege liberi homines Servi ejus potestati subjecti Omnis quidem sub eo ipse sub nullo nisi tantum sub Deo Parem autem non habit in Regno suo quia sic amitterit praeceptum cum par in parem non habeat imperium Item nec multo fortius superiorem nec potentiorem habere debet quia sic esset inferior sibi subjectis inferiores pares esse non possunt potentioribus Ipse autem Rex non debet esse sub homine sed sub Deo sub lege quia Lex facit Regem The King hath no superior but the Almighty God All his people are inferior to him he inferior to none but God 7. The King is Caput Reipublicae the Head of the Commonwealth immediately under God 1 Jnst 73.1 h. 7.10 Finch 81. And therefore carrying Gods stamp and mark among men and being as one may say a God upon Earth as God is a King in Heaven hath a shadow of the Excellencies that are in God in a similitudinary sort given him Bracton fo 5. Cum sit Dei vicarius evidenter apparet ad similitudinem Jesu Christi cujus vices gerit in terris That is to say 1. Divine Perfection 2. Infinitenesse 3. Majesty 4. Soveraignty and Power 5. Perpetuity 6. Justice 7. Truth 8. Omniscience 1. Divine perfection In the King no imperfect thing can be thought No Laches Folly Negligence Infamy Stain or Corruption of blood can be adjudged in him 35. h. 6.26 So that Nullum tempus occurrit Regi 2. Infiniteness The King in a manner is every where and present in all Courts And therefore it is that he cannot be non-sute and that all Acts of Parliament that concern the King are general And the Court must take notice without pleading them for he is in all and all have their part in him Fitz. N. B. 21. H. 25. H. 8. Br tit Non-sute 68. 3. Majesty The King cannot take nor part from any thing but by matter of Record and that is in respect of his Majesty unless it be a Chattle or the like Because De minimis non curat Lex 5. Ed. 4.7 4 E. 6.31 2 H. 4.7 4. Soveraignty and Power All the Land is holden of the King No action lyeth against him For who can command the King He may compel his Subjects to go out of the Realm to war Hath absolute power over all For by a clause of Non-obstante he may dispense with a Statute Law and that if he recite the Statute Though the Statute say such dispensation shall be meerly void 7 E. 4.17.21 H. 7.2 H. 7.7 Calvins case Bracton Rex habet potestatem jurisdictionem super omnes qui in regno suo sunt ea quae sunt jurisdictionis pacis ad nullum pertinent nisi ad Regiam dignitatem habet etiam coercionem ut delinquentes puniat coerceat And therefore ought to have the Militia 5. Perpetuity The King hath a perpetual succession and never dyeth For in Law it is called the demise of the King and there is no Inter-regnum A gift to the King goeth to his Successors though not named For he is a Corporation of himself and hath two capacities to wit a natural body in which he may inherit to any of his Ancestors or purchase Lands to him and the heirs of his body which he shall retain although he be afterwards removed from his Royal estate and a body
That no Arms are to be borne in London or Westminster in the time of Parliament Lest the proceedings in that high Court pro bono publico should thereby be hindred or disturbed For it is more congruous for Red-coats with their Pikes Muskets Swords and other ammunition to keep a Den of Theeves than to keep the Members of so honourable a Court. 3 Jnst 160. 4 Jnst 14. 18. When an Act of Parliament is against Common right or reason as that Debtors should not pay their debts c. or repugnant or impossible to be performed the Common Law shall controle it and adjudge it to be voyd And such is an Act for a perpetual Parliament or to kill the King Dier 313. li. 8.118 Doctor Bonhams case 19. The premisses being rightly and duely considered if any person be so impudent insolent and arrogant as to deny the King his Negative voyce in Parliament They may aswell deny him his life and take upon them to frame a new Law and Commonwealth to themselves Shall the Commons have a Negative voyce who are most of them Tradesmen and not educated in the Law but in Mechanick handy-crafts And shall not the King have this priviledge who is assisted by the advice of the Judges his Counsel at Law Sollicitor Atturney Masters of Chancery and Counsel of State consisting of some great Prelates and other great Personages versed in State affairs 20. The Parliament is actually dissolved by the demise of the King For the Individuum Carolus Rex being gone from whence they derived their power consequently their authority is gone likewise For cessante statu primitivo câ—ssat derivativus And Derivativa potestas non potest esse major primitivo The Division of Governments Monarchy is the most natural and Divine The King hath no equal in his Kingdome Soveraignty can not be divided beâ—ween the King and the People Neither can the People either jointly or singlely have the supreme power where the Government is Monarchical The tenets of our new Statesmen yet old Knaves confuted as damnable Parliaments have no power but from the King neither did ever any Parliament unless our late Rebels ever claim any power but what came from the King But all Parliaments ever since they had their being by the very Statutes which the King made with their consent have acknowledged the supreme power to be in the King and have sworn it with sacred oaths So did that Parliâ—mâ—nt which murthered their King swear that the only supreme power and Soveraignty was in the King next to God and that there was no power on earth above his which being true I would fain know what power they had not only to remove their King from his evil Counsellers which they did in removing him from themselves but also from the Land of the living Quos Deus sed c. HAving dissolved the Parliament and set foot on the ground of the Politician let us travel a little further and take a survey of the main Triangle upon which the art of Government consists viz. 1. Monarchy 2 Aristocracy 3. Democracy or popular estate which degenerate into 1. Tyranny 2. Oligarchy 3. Ochlocracy or Commonwealth And first of Monarchy For a principalioribus seu dignioribus est inchoandum The most excellent must have precedency Monarchy which we may call a Kingdome is where the absolute Soveraignty lyeth in the power of one only Prince for so much the word Monarchy of it self importeth who ruleth either according to the rule of Law and equity or contrary Which form of Government doth as far transcend and excel all others as the glorious Sun doth the pale-fâ—ced Moon or the Moon the lesser Stars It is the Embleme of the Almighty For behold the blessed Trinity where there are three persons but one God There is an Arch-angel The Angels adore but one Lord and Soveraign Take a view of the heavenly Orb where you shall see the caelestial creatures give place to the Kingly Sun The Moon ruleth Queen regent amongst the Stars Behold the Eagle the King of the Birds of the air The Lyon the King of the beasts on the earth And the Whale the King of fishes in the sea Fire hath the majestick preheminence above the other Elements among granes the wheat among drinks the wine among spices the baulm among metals the gold The Devills themselves will not be so disorderly as not to have a King for Satan is their Prince and chiefest Leader The Members of the Natural body are subjects to the Head their Soveraign and the same Congruity and Harmony is there in the Politique body of Monarchy And such is the stately preheminence of this Government that the Monarch can admit of no Peer in his Kingdome no more than the Sun can of an other Sun in the Firmament Si duo soles velint essâ— periculum ne incendio omnia perdantur Serinus If two be equal in power in a Commonwealth it is Aristocracy or rather Duarchy and not Monarchy For one of them hath not Soveraignty over the other For Par in parem non habet potestatem he only is a Soveraign who commandeth all others and can himâ—elf by none be commanded Then no less foolish than wicked and detestable is their opinion who confess their Government to be Monarchical yet would have Duo summa imperia and hold that the Universe of the people are of equal if not higher power than their Monarch and may call him in question for his actions and prosecute him even unto death if they please who make their dreadfull Soveraign a Jack a Lâ—nt a Minister of trust at the best to be turned out of his Office at their pleasure when God and all the World knows that by the Law of God as I shewed before and shall more fully shew hereafter the Law of Nations the Law of Nature and the Law of England both Common and Statute They ought not to touch him though in truth he were so wicked as they would have and pretend him to be No they ought not so much as to think an evil thought of him Quod summum est vnum est Soveraignty is a thing indivisible and cannot at one and the same time be divided between the King and his Subjects If the Soveraignty be in the people then is the Government either Popular or Aristocratical and not Monarchical To mix the estate of a Monarchy with Democratical or Aristocratical estate each having a share of the Soveraignty is altogether impossible For if every one of the three estate or but two of them hath power to make Laws who should be the Subjects to obey them or who could give the Law being himself constramed to receive of them unto whom he himself gave it Then might the King make the acting of his people against him treason and the people make the acting of their King against them treason which would bring all to Anarchical confusion And although our age had produced such a Monster
as to take upon them a power to depose and powr out the sacred blood of their lawfull Soveraign Yet is there no such power in rerum natura It is the off-pring of the Devil The cloak Sanctuary and refuge of Treason Rebellion and Tyranny to blinde the people taking advantage of their ignorance and lead them hood-winckt into everlasting destruction unless the God of mercy prevent not With this new upstart Doctrine have our Apochryphal Dogmatists in England led the rascal rabble of the people about like a Dog in a string buzzing in their ears that the Monarchy of England is composed of three kinds of Commonwealths and that the Parliament hath the form of an Aristocracy the three estates of a Democracy and the King to represent the state of a Monarchy which is an opinion not only false absurd fond foolish and impossible but also worthy of the most severe punishment For it is high treason to make the Subject equal with the King in authority and power or to joyn them as Companions in the Soveraignty For the power of a Soveraign Prince is nothing diminished by his Parliament but rather much more thereby manifested The Majesty of a Prince consists in the obedience of his Subjects and where is the obedience of the Subjects more manifested then in his Parliament where the Lords and Commons the Nobility and Comminalty and all his Subjects from the highest Cedar to the lowest Shrub with bended knees and bare heads do cast down themselves at his feet and do homage and reverence unto his Majesty Humbly offering unto him their requests which he at his pleasure receiveth or admiteth So that it plainly appeareth that if the Parliament be not extravagant and leap over the bounds limited by the laws of God and our Realm of England the majesty and authority of our Soveraign is not decreased by the assembly of Parliament but rather augmented and increased For the Peers cannot assume Aristocracy nor the Commons Democracy without violation of their Oaths with which they are tyed in obedience to their Soveraign as well as with the Laws Indeed our Prince doth distribute places of command Magistracy and preferments to all his Subjects indifferently and so the Government is in a manner tempered with Democracy But yet notwithstanding the State doth continue a pure and simple Monarchy because all authority floweth and is derived from the King and the Soveraignty doth still continue in him as the fountain from whence those streams of power run and the Parliament is so far from sharing in this Soveraignty that the whole current of our acts of Parliament acknowledge the King to be the only Soveraign stiling him Our Soveraign Lord the King And the Parliament 25 H. 8. saith This your Graces Realm recognizing no superior under God but your Grace c. And the Parliament 16 Rich. 2.5 affirmeth the Crown of England to have been so free at all times that it hath been in no earthly subjection but immediately to God in all things touching the Regality of the said Crown and to none other And without doubt these Parliaments and many others had as much might and right though not so much Knavery as our Anabaptists and Puritans and other Sectaries have now who pretend that the Government originally proceedeth and habitually resideth in the people but is cumulatively and communicatively derived from them unto the King and therefore the people not denuding themselves of their first interest but still retaining the same in the collective body that is to say in themselves suppletive if the King in their Judgement be defective in the administration or neglect the performance of his duty may question their King for his misgovernment dethrone him if they see cause and resuming the Collated power into their own hands again may transfer it to any other whom they please These men would make themselves extraordinary wise or else our Ancestors extraordinary fools for surely if there had been such a power residing in the people as these men blab of it would have been preached up before these new-lights ever saw the light some busie-head like themselves would have awakened it and not let it sleep so long But it is impossible and a meer foppery to think that such a power should be for suppose that the people had at first Elected their Governour and gave him Soveraignty over them could they with justice and equity dethrone him again Surely no. For sive electione sive postulatione vel successione vel belli jure princeps fiat Principi tamen facto Divinitus potestas adest Let the King be made by election lot succession or conquest yet being he is a King he hath Divine power And therefore they have no power to take away that which God hath given The Conceit of a mixed Monarchy that the supreme power may be equally distributed into two or three sorts of Governours is meerly vain and frivolous because the supreme power being but one must be placed in one sort of Governors either only in Monarchy or only in Aristocracy or only in Democracy Our Parliaments of England never until now claimed either Aristocracy or Democracy Therefore as hitherto it hath been granted so the Government must of necessity still be Monarchical And the gracious Concessions of our Soveraign not to make Laws without a Parliament do not make the Parliament sharer or his equal in the Soveraignty because as I shewed before the Parliament hath no power but what is derived from the King His limitation of his Prerogative doth no way diminish his Supremacy God himself who is most absolute may notwithstanding limit himself and his power as he doth when he promises and sweareth that he will not fail David and that the unrepentant Rebels should never enter into his rest so a man that yieldeth himself to be bound hath his strength restrained but not lessened neither is any of it transferred to them who bound him So our Soveraign doth limit his power in some points of his administration and yet this limitation neither transferreth any power of Soveraignty unto the Parliament nor denyeth the Monarchy to be absolute nor admitteth of any resistance against him Monarchy is either Lordly or Royal. Adam proved to be the first King and made by God in Paradise not by the people All Kings are made by God The Son hath more right and it is more pleasing to God for him to murther his Father the Wife her Husband and the Servant his Master than it is for the people to kill their King Though in truth he be wicked The Kings institution and authority declared by Divine and Humane Writers The Horrible Labyrinth of sins which Regicides plunge into with their guilt The most famous Nations in the World have and do live under Monarchy Englands glory and love to Kings in times past and her Apostacy in times present Pater familias were petite Kings and how little Kingdoms grew great Kingdoms The Kings power is
non usu valet argumentum But they all unanimously resolve and report the contrary Reader I Would not have thee imagine as some men through malice or ignorance do most impudently assert that when we say The King is absolute and above the Law that thereby is intended that the King is freed from and hath power to act against Gods Laws when he pleaseth No this is but their false glosse and interpretation For non est potentia nisi ad bonum hability and power is not but to good There is no power but what is from God and therefore no mortal man can have a power to act against God To sin and break Gods commandements is impotency and weakness no power For the Angels which are established in glory do far excel men in power yet they cannot sin The Law of God is above the King and he is bound to God to keep it yet neverthelesse he is an absolute King over men because God hath given him the Supreme power over them and hath given no power to men to correct him if he transgresse But God only whose Law only he can transgresse can call the King to an account Hoc unum Rex potest facere quod non potest injuste agere the King only is able not to do unjustly is a rule in Commonlaw and the reason is because the people do not give Laws to the King but the King only giveth Laws to the people as all our Statutes and Perpetual experience hath taught us Therefore how can the King offend against the Laws of the people or be obnoxious to them when they never gave him any Laws to keep or transgresse and then how can the people punish him who never offended their Laws Therefore the King must needs be absolute over the people and only bound to God not to the people to keep those Laws which God not the people gave him and as God is above the Laws and may alter them at his pleasure which he gave and set over the king so is the King above and may alter at his pleasure those laws which at his pleasure he gave set over the people still observing that he is free from all Laws quo ad coactionem in respect of any coaction from the people but not quo ad obligationem in respect of obedience to God by his obligation Therfore well might Solomon counsel us to keep the Kings commandement saying Eccles 8.2 I counsel thee to keep the Kings Commandement and that in regard of the Oath of God Be not hasty to go out of his sight stand not in an evil thing for he doth whatsoever he pleaseth Where the word of a King is there is power and who may say unto him what dâ—st thou These words are the words of God which King Solomon did speak by infusion of the Spirit In which you may see that the King doth what he pleaseth And we are commanded not to stand in an evil thing that is according to Iunius and Tremel translation perturbatione rebellione quae tibi malum allatura esset ageret tecum arbitratu suo sive jure sive injuria We must not murmur and rebel against the King though he deal with us unjustly He may be just when we think he is unjust The Kings heart is in the hands of God the searcher of all hearts as the Rivers of Water not in the hands of the people Therefore God not the people can turn it whether soever he will Prov. 21.1 King David was filius Dei non populi The Son of God not of the People Psalm 89.26 It was God who made him higher than the Kings of the Earth verse 27. not the People He was neither chosen of the People nor exalted of the People For I have exalted one chosen out of the people saith God verse 19. The exaltation was Gods and the choice not of but out of the people For I have found David my Servant with my holy oil have I anointed him saith God verse 20 Kings are the Children of the most high not of the people Psalm 82. Therefore who can say unto the King what dost thou If the people of England have power to depose and make Kings Why are they usurpers who by the power of the people destroy the lawfull King as did Richard the third and by the consent of the people established himself in the Government They are Kings de facto but not de jure as all our Books agree For the people have not the Soveraignty but the King Surely the people of England thought so when by act of Parliament they ordained that none should be capable to sit in Parliament before they had Sworn it vide 1 Eliz. 1.5 Eliz. 1.1 Jac. 1. And I am sure that the breaking of the Oath can give the Parliament no new Authority It is declared by the Lords and Commons in full Parliament rot Par. 42 E. 3. nu 7. Lex consuetudo Parliamenti 4 Inst 14. upon demand made of them on the behalf of the King that they could not assent to any thing in Parliament that tended to the disherison of the King and his Crown whereunto they were Sworn And it is strange to think that the House of Commons which is but the tail of a Parliament should have that power which both Lords and Commons had not But since there can be no Parliament without the King 4 Inst 1 2.341.356 We may conclude that these men being Traytors Rebels and Tyrants will take upon them to do any thing Defensive War against the King is illegal or the Great question made by Rebels with honest men no question Whether the people for any cause though the King act most wickedly may take up arms against their Soveraign or any other way by force or craft call him in question for his actions Resolved and proved by the Law of God the Law of Nations the Law of Nature the Laws of the Realm by the rules of all Honesty Equity Conscience Religion and Piety by the Example and Doctrine of our Saviour Christ all the Prophets Apostles Fathers of the Church and all pious Saints and holy Martyrs That the peoplâ— can have no cause either for Religion or Laws or what thing soever to levy War against the King much lesse to murther him proved in Adam The manner of the Government of the King Gods Steward and Stewart when he cometh described The Bishops Lords Prayer and Common Prayer Book must then be restored with their excellencies now abused He will lay down his life before he will betray his trust and give his account to any but God as did our last great Stewart his Father The blessednesse of the people when the King shall come and rule over them declared his Majesty The Christians duty towards their King laid open and warranted by the Death and Sufferings of Christ and multitudes oâ— Christians The madnesse of the people in casting oâ— the Government of a gracious King and submitting
Woolves with the destruction of the Innocent I need no other proof for this than every mans experience Virgil. Tantane vos generis tenuit fiducia Vestri Jam caelum terramque Dei sine numine venti Miscere tantas audetis tollere moles Quos Deus at motos praestat componere fluctus Post sibi non simili poena commissa luetis Maturate fugam Regique haec dicite vestro O ye Empty Clouds and raging winds of Ambition could Attempts enter into your Dunghill thoughts as to assassinate your King provoke Heaven and molest the Earth Durst you encounter the Almighty pitch battail and sight against his Deity Are your Commandments above his and can your Statutes repeal his Hath not he in his Vpper-house constituted a King and commanded you to honor and obey him and can your Mortal nothings in the Lower-house next door to hell vote him useless Can you put asunder that which Jehovah hath joyned together and take away not only the Crown but the life also of your dread Soveraign Can you do these things and look upwards Aposiopesis But God will that he will Ah rather repent of your villanies It is better for you I think though not your deserts to go peaceably to Heaven than to be thrown headlong into hell For there you will be murthered with the Devils and you cannot murther any more Kings death lyeth at your door and after this life ended you shall not be punished with the Sermons of holy Ministers or with Gods Word which is now odious unto you But with the Scorpions of the Devil Beelzebub and his Angels shall execute Tyranny over you in the infernal pit as you and your Angels have done over the Lords anointed and his innocent subjects in the open air before God and man Therefore Repent for Repentance is your nearest way to salvation Maturate fugam Regique haec dicite vestro Make haste and go and tell your King these things That you are sorrowful and that it gnaweth and biteth your seared Conscience to think that you should be the Authors of so great a wickedness beg his gracious pardon restore his sacred Patrimony which you have torne in pieces and cast lots for his pardon and peace with him will do your Souls more good than all his Lands or Royalties Acknowledge his Soveraignty as ye ought and set the Crown again upon his head which you did injuriously pluck off or else the time will come that one drop of the many tears and waters which you have caused to flow from the eyes of the Royal party their Widdows and Orphans shall be more desired of you to cool your tongues than ever their estates and honours were If a Thief should set upon you or any other subject to rob him It is lawful for the honest man to draw his sword and kill him if he can How dare you then with violence set upon your King to rob him not only of his goods but also of his life yet because he defended himself and so some of the Rebels slain Therefore you impeach him of high Treason and murther O monstrous did you ever hear of any Law in the whole world that ever the King could commit high Treason Be dumb for you did not The Laws of England are divided into three parts viz. 1. Common Law which is the most antient Law of the Realm 2. Particular Customes 3. Statutes or Acts of Parliament There is no offence punishable by the Laws of England unless it be against one of these Laws He that doth not offend against the Law is no sinner for where there is no Law there can be no transgression I had not known sin saith St. Paul but by the Law Rom. 7.7 Then cannot the King be guilty of Treason to the people or of any other offence punishable unless he offend against one of these three Laws And that he did not offend against any of them nor was guilty of those offences laid to his charge by any one or all of those Laws is as clear as the Sun and a Maxim with all honest men For 1. The Common Law is nothing else but the general custome and common usage of the Realm Finch 77. Plowdens Com. 195. Therefore the King cannot be an offender or guilty by the common Law nor the people have power to call him in question for any of his actions because it is so far from being the general custome and common usage of England for the King to be punished by the people that before this first and last great and monstrous distractive and destructive wicked and abominable murther of the last most gracious and merciful King such a thing was scarce ever heard of or entred into the thoughts of any English man Therefore the Rebels are cast by common Law and the Chancery will never give relief against the common Law li. 4.124 D. and St. So that take them which may you will this Dilemma will hang them Amen 2. Customary Law is where a particular custome grounded upon reason differeth from the general usage and common custome of the Realm Now to prove that the King is not an Offender against this Law would be a thing altogether frivolous and ridiculous it being known to every one that he cannot 3. Statute Law is a Law positive made by the King with the assent of the Parliament And there is no Statute or Act of Parliament in England which maketh any offence in the King high Treason or that giveth the people power to call the King to an account accuse or condemn him But there are many offences committed by the people made high Treason against the King by several Acts of Parliament But that the King could commit Treason against the people is such a novelty that Heaven nor Earth never heard of before perditious England hatcht it But since our age is much given to fictions Let us for once feign with our false Republicans That by the antient fundamental Laws of the Realm The King might commit Treason against the people and be a Traytor to the Common-wealth for which the people might lawfully question him Yet since Leges posteriores priores contrarias abrogant The Statute Law may alter and abridge the common Law The King cannot now commit Treason against the people nor be a Traytor to the Commonwealth Because by the Statute made 1 H. 4.10 and several others It is enacted by authority of Parliament who as the common people think may do any thing vote Heaven Hell or Hell Heaven That in no time to come any Treason be Judged otherwise than it was ordained by the Statute of 25 E. 3.2 In which Statute I am sure there is no mention made of any Treason but only against the King as any one may read at large which Statute being it was made by Benedictum Parliamentum a blessed Parliament for so it was called Co. Inst 3.2 I commend it to the perusal of every English man as the best
But these men with their practice most wickedly affirm it King Henry the 7 â— h and many Burgesses and Knights of the Counties being first attainted by Act of Parliament of high Treason against Richard the 3d. The question was in H. the 7 ths Parliament How this Act of Attainder should be reversed and made void It was resolved by all the Judges That those Knights and Burgesses which were attainted should not sit in the House when the Act of Attainder was to â—e reversed But when that Act was reversed then they might come again and sit in Parliament But as for the King it was unanimously agreed and resolved by all the said Judges that ipso facto when he took upon him to be King that he was a person able and discharged of the Attainder for said they the King hath power in himself to enable himself without a Parliament And an Act for the reversal of the Attainder is not at all necessary See 1 H. 7.4 Com. 238. Parliament B. 37. and 105. In which case you may see the power of a King of a King that was attainted of the greatest offence viz. High Treason Here likewise you may view the power of a Parliament of a Parliament who had asmuch right to dethrone their King as ever the long Parliament or any other had Here likewise you may hear the voyce of the Law of the Common law not since repealed by any subsequent Statute But as it was then so it ought to be now the Resolution of all the Judges in England That the King hath power to take pardon and ought not to crave pardon of the people for his offences The Crown once gained taketh away all defect is the Sentence of the Law and an Adage amongst all honest Lawyers If the people had the Supreme power why was not the Attainder of the King in this precedent case reversed by Act of Parliament as were the Attainders of the other Members If the King be but an Officer of trust deputed by the people and receiveth his power from them Why was not the King in this case freed from his offence by the people What would they entrust a person attainted of so great an offence as high Treason with the highest place in the Common-wealth And yet not permit others guilty and attainted of the same offence not so much as to fit and Act as Members of the Parliament without they were first purged of their offence It doth not stand with reason that the highest Offender should exercise the highest office And doubtless if the people had had power the Parliament would have cleared King H. the 7th from his crime before he should have Officiated his Office of Kingship But that Parliament well knew that the feet were not higher than the head and that the Inferiour Members could not impose Laws on the King their Soveraign They knew with Bracton that the King Parem non habet in Regno suo had not in his Kingdom any single man or the people his equal Therefore since it is the Law of the land Magna Charta 29. That no mâ—n shall be judged but by his Peers and being the King hath no Peer or Peers in his Dominions They resolved not to judge their King nor to commit so great a vanity as to reverse the Attainder For can a King be attainted or can the people who have no authority but what they have from him have authority to correct and revise their King O foolish imagination Horac Caelo tonantem credidimus Jovem Regnare praesens Divus habebitur Augustus adjectis Britaunis Imperio Jove governs Heaven with his Nod King Charles he is the earthly God Great Britain being his lawfull Inheritance Our King Augustus high and mighty Solus Princeps qui est Monarcha Imperator in Regno suo Davis Irish Rep. fo 60. Our only Prince who is both Monarch and Emperor in his kingdom hath only authority and the only right to govern the Britains who though long since have been accounted Rigidi hospitibus feri rigid and cruel to strangers yet that they should ever so much degenerate as to be rigid and cruel to their own natural King and kill their natural Soveraign is such a wonder and murther that never entred into the thoughts of former ages and will be a bugbear and scar-crow to all succeeding generations for by robbing their King of his Crown and Life they have robbed the Turk of his cruelty Judas of his treachery and all the Devils of their malicious wickedness For the Turks cruelty Judas his perfidious treachery and the Devils malicious villanies do all conjoyn to make up and center in an English Rebel one of those beasts who like the Enemies of King David Psal 102.8 Have sworn together against their King are mad upon him and revile him all the day long Yet that they may seem religious even when they commit Sacrilege they like the Devil when he tempted our Saviour taking him up into an exceeding high mountain and shewing him all the kingdoms in the world and the glory of them saying unto him All these things will I give thee if thou wilt fall down and worship me Mat. 4.9 will promise fairly and as if they were resolved diametrically to oppose St. Peters Doctrin who commands them 1 Pet. 2.16 Not to use liberty for a cloak of maliciousness they use the liberty of the people as a Wolf doth the Lambs skin to destroy poor Lambs as the only cloak and cover for all their malicious wicked prodigious and damnable actions For if you ask them for what cause did they murder the King Their answer is for the liberty of the people For what cause do they make themselves Governours and Lords and Masters over all that we have For the liberty of the people For what cause do they subvert the Laws expell and throw down the orderly and holy Clergie and all Religion with them For the liberty of the people For what cause do they enslave the whole Nation For the liberty of the people Nay these men are so well furnished with godly pretences and wicked intentions that even whilst they cut the peoples throats they make them believe they give them a blessing And as the man who swore that the Coat of the true owner was another mans only because he might have the use of it himself So these men have the impudence to swear though not without perjury that the Supreme power is in the people only because they might throw down our royal Government with all goodnesse with it and use that Supreme power themselves which they protest is in the people O delusive Mountebanks Was there ever such a jugling deceit acted by any Jugglers or Quacksalvers in the world Surely there was not And did not every one nay they themselves very well know the truth of what I have said I might easily make it clear and evident even to the blind with multitudes of Examples For
who was it that murthered the King Was it the people Every man knoweth that it was neither the people nor the Parliament But a Company of Jesuitical treacherous Rebels and damnable Usurpers Who flaming the people in the mouth with a tale that the supreme power was in the people made use of this power themselves against the wills of the people as an Engine to perform and bring to passe all their wicked and horrible designs But say they we are the peoples Representatives chosen by the people and so what we do they do Catch a Knave without a Knaves answer and he will give you leave to hang him I must confesse if this were true they might have somewhat the more colour though not the more honesty for what they do But this is as false as themselves For the people chose them to sit in Parliament and act according to the Kings Writ as part of the Kings Parliament according to the Laws of the Realm But since the Parliament is destroyed for what Parliament can there be without a King and House of Lords such a headlesse Monster was never seen untill of late Consequently their power which they derived from the people is gone also Neither are the Commons in Parliament the representative body of the whole Kingdom or people For they do not represent the King who is the head nor the Lords who are the nobler and higher part of the body of the Realm the Commons only represent the Inferior and lower sort of the people but if they did as they do not represent the whole body yet did not the people ever give them any power to cut off their Kings head For the Lords voted it unlawful all the honest Commons forsook the House and the people were all displeased except a few of their own hatching up and every one else murmured against it The Nobility mourned The Gentry were amazed The Common people wept and men women and Children did cry The Heavens cloathed themselves in black And the Sun hid his face The Lion King of Beasts died at the â—ight of his royal blood And the wild foules came wondering to see this execrable fact on the Scaffold And if the Thundering and Lightening of the Almighty be a true sign of Gods Angry Deity Then even from this we may conclude that these Regicides took too much upon them and very much provoked his wrath For Diespiter Igni coruseo nubila dividens Plerumque per purum tonantes Egit equos volucremque currum The Heavens roared with thunder which made the earth shake and the darts of fiery lightening threatened the ruines of both And who can think upon this worse than Gunpowder-Treason plot for then was but intended that which now is put in Execution viz. The murther of our gracious King and the subversion of all Laws and Religion with him and not justly expect all the Plagues of Aegypt and the punishment of Sodom and Gomorah to fall upon him and the whole people For Hor. Hoc fonte derivata clades In patriam populumque fluxit From the death of the King as from a fountain did flow the slaughter of the Nobility and people with the ruine of the Glory and freedom of the English Nation Tantae molis erat perversam condere gentem Such and so great villanies were perpetrated to raise this generation of Vipers Yet forsooth they will tell you that the supreme power and Soveraignty is in the people and that they act under them O grand Delusion Did the people turn out the long Parliament Did the people set up Oliver Protector Did the people turn out Dick his son Did the people foist up again the Rump of the long Parliamene Or did they hunt them out again Did the people sanctifie the Committee of Safety over them Or did they hunt in the Rump again Or have they made all the Revolutions and Choppings and Changings amongst us No neither the people nor their Representatives But the Devil his Representatives have been the cause of all our subversions For as the people have not so neither did the twentieth part of them ever challenge or claim the supreme power But have alwaies acknowledged the Soveraignty to be only in their King and only Soveraign only under God Reader take notice that in many places of this Book by the word Parliament is meant those Traytors the House of Commons who have unjustly usurped the name of Parliament For by the known Laws of the Land there can be no Parliament without the King Therefore let every one of the Regicides repent and pray to God to open his eyes and that the scales of blindnesse may fall from them that he may see his duty which is so evidently written in the Scripture and all other pious Writers which is to fear God and to honour his King which is acceptable in the sight of the Lord. And so I shut up my discourse with these verses which I would have the Reader get without book for his Edification Astra Deo nil majus habent nil Caesare terrae Sic Caesar terras ut Deus astra regit Imperium regis Caesar Deus astra gubernat Caesar honore suo dignus amore Deus Dignus amore Deus dignus quoque Caesar honore est Alter enim terras alter astra regit Cum Deus in coelis Caesar regâ—t omnia terris Censum Caesaribus Solvile vôta Deo A Tyrant without a Title set out in all his Colours and proved by the Laws both of God and man by the sentence of all honest and wise men by the vote of Antiquity and several Examples That it is most lawfull and glorious for any man either publique or private to fall upon Tyrants and kill them without Examination according to the usual forms of Judicature Where the consent of the people after Vsurpation makes an Vsurpers Title good and where not That the assent of the people cannot ratify any Government without him so long as their King liveth though banished but all their acting is Illegal How Tyrants pretend the safety of the people only for their own safe-guard and how they delude the people with specious names for their Magna Latrocinia their great villanies and robberies The Devil was a Rebel so are they and like Satan they have their power only by permission with an incitement to all men to execute them for these are not the Dignities we should obey LEt us now take our Swords in our hands and arme our selves to incounter with this Tyrant sine Titulo a Tyrant without a Title That bird of prey that beast of the game Orbis flagellum that scourge of the world that Devourer of Mankind Fulmen belli that Thunderbolt of war that Maule of the earth Poliâ—rcletes that destroyer of Cities that Hangman that Murtherer that great Robber whose might is his only right whose multitude of thieves makes him formidable builds himself up with honest mens blood feared by all men and fears
And therefore Sir John Davis in his preface confidently averreth that the Common-law doth excel all other laws in upholding a free Monarchy which is the most excellent form of Government exalting the Prerogative royal and being tender and watchful to preserve it and yet maintaining all the Ingenuous liberty of the Subject Nay so carefull is the law of the Kings Soveraignty that in all cases from the highest to the lowest it demonstrateth the Kings supreme power and dignity The law will not permit any Subject to come so near the King as to be jointenant with him for if Lands are given to the King and a subject or if there be two Jointenants and the Crown descend to one of them the Jointure is severed and they are Tenants in Common for no Subject is equal with the King Co. Lit. 190. Plowd Com. in Seig. Barkleys Case Nay rather than the Suâ—â—ect shall be equal with the King in any thing he shall lose all for the King being Tenant in Common of entier Chattel personal he shall have the whole as if an Obligation be made to two or two possessed of an horse and one is attainted the King shall have the whole duty of the Obligation and the horse 13 El. pl. 322. Finch 178. To instance all particular cases is endlesse and impossible all land is holden of the King immediately or by means himself not having any higher upon earth of whom to hold 50 Ass pl. 1. 18 Eli. Pl. 498. For it would be against Common right and reason that the King should hold of any or do service to any of his subjects saith Cook lib. 8.118 Because he hath no Superior but God almighty Cook Lit. 1. Escheats of all Cities appertaineth unto the King all mines of Gold and silver or wherein the gold and silver is of the greater value appertain unto the King 8 E. 3. Escheat 12. 1 El. Plo. 314. The King is Anima legis he governeth and defendeth the law all Writs and Processe run in his name and receive authority onely from him and all persons have their power from him and by his Writ Patent or Commission The King hath the sole Government of his subjects The body Politick and the natural body of the King make one body and not diverse and are inseparable and indivisible Plo. 234 242.213 lib. 7.12 Rex tuetur legem lex tuâ—tur jus We muâ— be for God and the King because by his laws we are protected and it is a miserable case to be out of the Kings Protection Co. Lit. 129. All Jurisdictions and the punishment of all offenders against the Laws belongs to the King And Treasons Felonies and other Pleas of the Crown are propriae causae regis For why The King is viva Lex a living Law who only hath power to give Laws and therefore he only ought to punish those who break them Not the Parliament as it is called viz. the two Houses or either of them singly because they without the King can make no Law and therefore they are murtherers because they have put to death many worthy Innocents having no other Law but their own wicked wills And for my part if any one should tell me that the Law of England is nothing but the will of the King I could not disprove him for what are the great volumes of our Statutes but the Monuments and Repertory of the Kings will What is the reason that it is a Law that the King cannot make new or alter old Laws but in Parliament with the consent of his Lords and Commons Because the King was pleased to will it so for it was not so from the beginning The King was long before Parliaments and therefore did most certainly make Laws without them What is an Act of Parliament but the will of the King Nay what is Magna Charta but a Roy le veilt All our Rights and Liberties we enioy are by the gracious concessions of our Soveraign Lord the King who esteemeth our good and freedom his best praerogative and happinesse Omnium domos illius vigilia defendit omnium otium illius labor omnium delitias illius industria omnium vacationem illius occupatio The King by his watch and diligent care doth defend and keep every mans house in safety his labour doth maintain and defend every mans rest and quiet his diligence doth preserve and defend every private mans pleasure and delight his businesse doth maintain and defend every mans leasure So that as Manwood hath it even as the head of a natural body doth continually watch and with a provident care still ook about for the safety and preservation of every member of the same body Even so the King being the head of the body of the Commonweal doth not only continually carry a watchful eye for the preservation of peace and quietnesse at home amongst his own Subjects but also to preserve and keep them in peace and quietnesse from any forein invasion Therefore if the Rebells since the murther of our gracious King Charles the first have taken the freeborn Subjects of this Nation and imprisoned them like Slaves without any just cause or due processe of Law If they have violently driven us from our Lands and Livelyhoods possessing themselves of them and taken away our free Customs and Liberties If they have unjustly deprived us of the benefit of the Law banished us out of our Country and destroyed us with their high Courts of Injustice without the verdict of our equalls contrary to the Law of the Land if they have delayed Justice and Right denyed it to all men and granted it to no man but to those who would buy it Blesse God for Charles the first and pray for the restauration of Charles the second Praise God for their noble Praedecessours who have been our Nursing Fathers and their Queens our nursing Mothers who have willed and enacted Magna Charta ca. 29. Nullus liber homo capiatur vel imprisonetur aut dissisietur de libero tenemento suo vel libertatibus vel liberis consuetudinibus suis aut utlagagetur aut exuletur aut aliquo modo destruatur nec super ibimus nec super eum mittemus nisi per legale judicium parium suorum vel per legem terrae nulli vendemus nulli negabimus aut differemus justitiam vel rectum That no man should be arrested imprisoned disseised of his Free-hold of his Liberties or free customes or out-lawed bâ—nished or otherwise destroyed but by the verdict of his equals and the Law of the Land neither should Law and Justice be delayed sold or denyed to any man but the King in judgment of Law is present in all his Courts of Justice repeating these words We will sell deny nor delay Justice and right to no man Inst 2.55 O Magnificent blessed and golden Oration It proceeded from the lips of Kings and we shall never hear such Doctrine preached again in any of our Courts of Justice untill our King be
hath no Peer in his Kingdome for so he should lose his Empire since Peers or Equals have no command over one another much more then ought he not to have a superiour or mightier for so he should be inferiour to those who are subject to him and inferiours cannot be equal to superiours Now saith Mr. Prynne according to the old Jesuitical distinction The meaning of Bracton is That the King is above every one of his subjects and hath no Peer nor superiour if they be taken particularly and distributively as single men but if we take them collectively in Parliament as they are one body and represent the whole Kingdome then the Subjects are above the King and may yea ought to restrain and question his actions his Male-administrations if their be just cause By which meaning of Bracton as he calleth it but in truth only his own Mr. Prynne would prove the Parliament to have the Soveraign power over the King and Kingdome Truly I think the very recital of what Bracton hath written and what Mr. Prynne writeth is Bracton's meaning is enough to convince and make appear even to the blind that Mr. Prynne is worse than a false Commentator and an absurd deceiver But howsoever I will examine them and let the world judge how they agree The King hath no Peer in his Kingdome saith Bracton But the Parliament and people the Kings Subjects are in his Kingdome Ergo neither the Parliament nor people collectively or distributively are the Kings Peer or equal But why hath the King no Peer in his Kingdome Because then he should lose his Empire So he should if the Parliament was his Peer and Bracton did never intend that the King should lose his Empire for he saith the King ought by no meanes to have a superiour or mightier Mr. Prynne saith he ought by all meanes to have the Parliament his superiour and mightier But wherefore ought not the King to have a Superiour because saith Bracton so he should be inferiour to those who are subject to him The Parliament and People confess themselves to be the Kings Subjects yet Mr. Prynn would have them to be the Kings Superiour Expressly against Bractons words and meaning and a meer nonsensical Contradiction And the reason why Mr. Prynne saith Bracton did only mean that any single man was not the Kings Superiour or Equal not the Parliament is because Bracton saith Rex non habet parem nec Superiorem in regno suo seing Parem and Superiorem in the singular number I pray what Latine would Mr. Prynne have Bracton speak could he have expressed himself better and too Mr. Prynne pretendeth the Parliament to be only the Kings Superiour not Superiours Therefore doth not the singular number fully answer Mr. Prynne in all points but Mr. Prynne may hear Bracton confute him in the plural number too if he please as I have already shewed saying Rex habet potestatem et jurisdictionem super omnes qui in regno suo sunt and again Potentia vero omnes fibi subditos praecellet Where is Mr. Prynns almighty Parliament now Bracton telleth him if they be in the Kings Dominions that the King hath power over and above them and Mr. Prynne must find out some Utopia for them in the air to inhabit before he can prove either by Law or Gospel that the Parliament is above of hath Soveraign power over the King Ipse autem Rex non debet esse sub homine sed sub Deo et sub Lege quia Lex facit Regem saith Bracton but the King himself ought to be under the Parliament saith Mr. Prynne and why not under the women for if Mr. Prynne will say that the Parliament is not comprehended in the word Homine so likewise may he say that neither are women Bracton saith that the King ought to be under none but God and unless Mr. Prynne can make his Parliament a God Almighty he can never make out that the King is under it For according to Bractons Doctrine the King is under none but God Omnis quidem sub rege et ipse sub nullo nisi tantum sub Deo Which is sufficient testimony that the King is under no mortal man or men yet he is sub Lege under the Law because the Law maketh the King Ergo saith Mr. Prynne The Parliament maketh the King and Governeth him with the Laws which the Parliament first made O Grand Imposture Can any man but Mr. Prynne forge such a consequence Rex solutus a Legibus quò ad vim coactivam subditus est legibus quo ad vim directivam propria voluntate The King indeed is under the Law because he will be ruled by the Law but if he will not no man hath power to compel or punish him according to the opinion of Thomas Aquinas The King is free from the Coercive power of the Law but he may be subject to its directive power yet according to his own will and inclination that is God can only compell and command him but the Law and his Courts may direct and advise him Every honest man is bound to perform and fulfill his word and the King is so much under and subject to the Laws which he maketh that he will perform and fulfill them but if not Dominum expectet ultorem which is the only punishment for Kings And satis sufficit that is enough too according to Reverend Bracton But that the Parliament therfore maketh the King and may question his actions according to Mr. Prynns Sophistry is a meer non sequitur The Law indeed maketh the King for he hath a legal Title to his Crown he is made our King by the Law of God and the Law of the Kingdom which cannot be without a King but that the Law of the Parliament or that the Law by the Parliament made the King is such a Chimaera that is no where to be found but in Mr. Prynnes unsetled brain For the King of England was made a long time before Parliaments were invented or thought on The King indeed first made Parliaments and gave them their being who now have unmade their King and took away his living O ungrateful Servants who rob their Master O ungracious Children who murther their Father which begot them So much for Mr. Prynne and his pestilent book the prodigious offspring of a revengeful head whom I would not have mentioned but to vindicate the truth for which I will both live and dye One thing Reader I recommend to thee worthy of the observation of all Christians and as a just judgement of the Almighty God Psal 33.10 who bringeth the Counsel of the Heathen to nought and maketh the devices of the people of none effect Which is that Mr. Prynne who was the only Champion to fight against the truth with his pen as the Rebels did with their Swords to maintain and applaud the long Parliament in their Treason and Rebellion against their Soveraign was afterwards ill intreated by his
the House by the martial violence of the Souldiers their Masters whose Journy-Men they are yet no sooner do they find the door open but in they slip again like Dogs into the Buttery where they sit and eat the fat of the Land and the fruits of our labours for which they now and then shite us an Act of Parliament whereby they destroy our fundamental Laws and Liberties and invent new high Treasons against them such as our Law-Books nor Statutes never told us of by which they maintain themselves in their Robbery and the people in their Slavery As for the oath of Supremary Vows Protestations and Covenants which they made in the presence of God with hands lift up to heaven for vengeance if they did not perform them and all other oathes of Homage Fealty and Allegiance which the People took to be true and faithfull to the King These they discharge themselves and the People of by an Act of Parliament as if these Caterpillers could discharge debts due to the Almighty But to make God amends they passed another Act that the People should swear to be true and faithfull unto them To go about to number their villanies deceits treacheries perjuries and other their wicked Actions were to go about to number the sands of the Sea or the fraudulent devices of Belzebub their Master they being the Genus generalissimum of all Treason Rebellion Murther Blasphemy Hypocrisie Lying Swearing and For-swearing abounding in Wâ—oredom Drunkenness Leachery Treachery Covetousnesse Pride Ambition and all other detestable vices They are a pack of rotten putrefied Members glued together in the stinking body of sin And if I should give you a Character of each Simple wherewith this Compound is contracted it would fright you out of your wits for I speak really I think they are the very Quintessence of all the Devils in Hell And although this beast cannot well agree which horn or legge shall go foremost they being somwhat troubled in dividing the spoil and their usurped authorities which is caused by their pride and covetousness and although they differ in Ceremonies and Ciâ—cumstances yet they make it one of their Fudamentals upon which themselves and all their proceedings are builded to murther Charles the second as they did Charles the first when they can lay their unhallowed Claws upon him and although they hate and bark and snarle at one another like dogs yet in the great work of their Salvation like Pilate and Herod they all agree to be Traytor and Rebels against their King And so long as these Mastives Lord it over us we must never expect peace but alwayes live like dogs fighting and biting for what we have We must with them account vice vertue and vertue vice we must hold their words more canonical than Gods word and say that is law which they say is law though it be neither law truth nor reason Unlawfull wars set them up and we shall alwayes have wars and rumours of wars amongst us untill they are pulled down To be short we must resolve to forsake God and serve the Devil if we intend to keep any thing safe so long as this Phalaris the Tail of the House of Commons domineereth over us For the Children of this world being in their Generation wiser than the Children of Light Luke 16.8 These Worldlings are so wise and subtil to do mischief that when they commit the most deadly sin They make it passe to the world as the best service done to God and when they themselves make plots to murther honest Royalists then they get some of their hirelings to discover it and swear that the Royalists invented the plot against them and presently forsooth they vote and command that their three Kingdomes give God thanks for their great deliverance ascribing that which was done by their own providence to the Providence of the Almighty Nay they have their Lillies and other lying Astrologers whom they consult with before they commit any great wickednesse and make them publish to the world that the Heavens ruled and voted what these Beagles please to perform It is as natural for their Judges to judge unjustly if it be for the profit or pleasure of their Masters at Westminster as it is for them to live For how many innocent Gentlemen have they condemned to death for doing their duty in defending the King from unjust violence which we are all bound to do by the law of God Nature and of the Realm They have their Balaam Prophets and Priests too almost in every parish and pulpit which they make the Organs to sound forth their own praises so that the ignorant country multitudes who scarce know that there is a God but that they heard their Minister tell them so thinking that he doth God the best service and credit who hath the finest ribbond on his hat or that weareth the best cloaths on his back at Church these Momusses believe that the Saints at Westminster are the only supreme power on Earth and that no men in the world for some of them think that the sea side is the end of the world are to be compared to them either for wisdome learning or honesty and the only reason of their thoughts is Ipse dixit their Minister said so but last Sunday And this was the chiefest reason wherefore the countrey Peasants flocked in so fast to the Armies of those Neroes at Westminster raised against the King who alwayes made the ignorance of the people their greatest Champion And lest we should see the superiority of the King above and over the Knaves and other Cards they abolish and prohibit Card-playing as a great sin in their Commonwealth Why did they not give the superiority to the Knaves How these godly Villains stumble at strawes and leap over blocks They prohibit innocent recreations on the Sabbath day purposely because they would have the people esteem them zealous in Religion and stricter observers of Gods Commandments than the King But in truth they serv'd God only to serve themselves In nomine Domini incipit omne malum acting all their wickednesse in the name of the Lord. For when they have got a good name amongst the people they think under that shadow to act any wickednesse and yet to the world seem saints Murther their King too and yet be accounted good Christians nay Reformers of the Christian Religion O Religious Impostors To these Quacksalvers belongeth two Speakers alias dictos Lyars viz. the private Speaker Lenthall now called by the common souldiers the Father of their Country Can you blame the little Thieves if they applaud the great Thief and the publick Speaker Needham the one rough hammereth lyes at the forge the House of Commons the other fashioneth them in his Mercurius Politicus Thus they fill our eares with as many lies as their breasts be yet forsooth none must dare not to believe what they publish by authority Now the Presbyterian Judasses when they saw that the King
is as much to say as Tenures de persona Regis because the head is the principal part of the body and the King is the head of the body of the Commonwealth Which Tenures brought many profits and commodities to the Crown which would be too tedious here to particularize and are a clear testimony of the Kings Soveraignty For no man can alien those lands which he holdeth in Capite without the Kings Licence if they doe the King is to have a fine for the contempt and may seise the land and retain it untill the fine be paid By example and in imitation of the King For Regis ad exemplum totus componitur orbis Did the Nobles and Gentry of this Nation to whom the King had given large portions of land grant out parcells of their land to their Servants and under-Tenants reserving such services and appointing such like Tenures as the King did to them as Homage Fealty c. whereof you may read plentifully in Littletons Tenures But their Tenants in doing Homage and Fealty to them did alwayes except the Faith which they did owe unto the King As in their making Homage appeareth viz. I become your man from this day forward of Life and Limb and of earthly worship and unto you shall be true and faithful and bear you faith for the Tenements I claim to hold of you saving the Faith that I owe unto our Soveraign Lord the King Though they Swore to become the men of and be true and faithfull to their Lords yet not so but that they still were the men of and ever would be true and faithful to the King their Soveraign who was Lord over their Lords and over the whole Realm Omnis homo debet fidem Domino suo de vita membris suis terreno honore observatione consilii sui per honestum utile salva fide Deo Terrae Principi Lib. Rub. cap. 55. We can oblige our selves to no men so deeply as to take away our allegiance and fidelity towards the King We must be for God and the King in all things all our actings and undertakings should tend to their Glory which would prove our greatest good and comfort Homagium Ligeum is only due unto the King the Law prohibiteth us to do Homage to any without making mention of this Homage due unto the Lord our King therefore we must not be opposite to or armed against him but both our lives and members must be ready for his defence because he is Soveraign Lord over all Co. Lit. 65. As the Conquerour did make all his Subjects Feudaries to him so likewise did he change our Lawes and Customes at his pleasure and brought in his own Country fashions which is the Common use of Conquerours He caused all Lawes to be written in his language and made what Lawes he thought meet Quod Principi placuerit legis habet vigorem whatsoever the King willed was the only law His fiat was as binding as an Act of Parliament and what he voted no man no not the whole Kingdome had power to dispute There was no question then made but that the King ought to have the Militia neither did any one think of much lesse deny him a Negative voice The Commons then thought it an high honour to look upon the Kings Majesty a farre off To sit and rule their families at home was all the Jurisdiction which they had or claimed They had not power to condemn one of their servants to death much lesse their Soveraign Lord the King from whom they then and we now have our being The King had not then made them so much as the Lower House nor ever did admit them to his Counsel The Lords their Masters were only deemed worâ—hy of this dignity for why Tractent fabrilâ—a fabri Let the Shepheard keep his sheep and the Hogheard keep his hogs and not meddle with the tuning of musical Instruments Though the Plow-man can drive and guide his horses well yet he would make an ill Pilot to steer a ship The Blacksmith may have skill to make a horse-shooe but he would rather marre than make a watch The Commons may make good Subjects but experience teacheth us they will rather destroy both King and Kingdome than reform or rectifie either Therefore the Kings of England did never admit the Commoners into their Counsels much lesse intrust them with the Legislative poâ—er For it is a Meridian truth that as before so from the Conquest until a great part of the Reign of Henry the third in whose dayes as some hold the writ for election of Knights was first framed the Barons and Prelâ—tes only made the Parliament or Common Council of the Realm whom the King convoked by his Royal Summons when he pleased Neither did the Council so convened consist of any certain number but of what number and of what persons the King vouchsafed Nay clear it is by the Lawes made in the Reign of Edward the first which was above two hundred yeares after the conquest that there was no certain persons or formed body whose consent was requisite to joyn with the King in making an act of Parliament but when the King conceived it fit to make a Law he called such persons as he thought most proper to be consulted with Indeed at the Coronation of Henry the first all the People of England were called by the King and Laws were then made but it was per Commune Concilium Baronum And that King and his Successours did not usually call the Commons but made Laws with the advice of which of their Subjects they pleased and as Sir Walter Rawleigh and others write the Commons with their Magna Charta had but bastard births being begotten by Usurpers and fostered by Rebellion for King Henry the first did but usurp the Kingdom and therefore to secure himself the better against Robert his eldest brother he Courted the Commons and granted them that Great Charter with Charta de foresta which King John confirmed upon the same grounds for he was also an Usurper Arthur Duke of Brittain being the undoubted heir of the Crown so the House of Commons and these Great Charters had their original from such that were Kings de facto not de jure But it maters not which of the Kings first instituted the House of Commons certain it is that long after the Conquerour its name was not so much as heard of in England but as it is apparent one of his Successours did form them and grant not to make Laws without their consent and by a Statute made 7 H. 4. the Writ of Summons now used was formed and by an other Act made 1 H. 5. direction is given who shall be chosen that is to say For Knights of the Shires Persons resiant in the County and for Cities and Boroughs Citizens and Burgesses dwelling there and Free-men of the same Cities and Boroughs and no other So that now by the
Kings gracious Concessions each Member of the house of Commons ought to be respectively elected out of the Shires or Counties Cities or Boroughs by the Kings Writ ex debito Justitiae Now would it not strike a man with admiration and make his hair stand an end to hear that the House of Commons should claim the Legislative power and protest to the world that they were greater in authority and Majesty than the King who raised them from nothing surely 't is but a dream which troubled the head a while with strange Chimaeras and then vanish'd it is but a Phantasm which fanatick distempers raised in lunatick brains and so perish'd after ages will account it but an Ovids Metamorphosis or as a Fable told more for mirth and novelty than for any truth or reality for why are the pots greater than the Potter or doth he who ought for to obey give Laws to him whose right it is to command The King sayeth to the House of Commons come and they come and he sayeth to them go and they go whatsoever the King commands that they cannot chuse by Law but do Nay the Lords their Masters are but the Kings Servants the King is the head and they are but the servile Members it is the property of the Head not of the Members to command the inferiour Members are all at the will and nod of the Head the feet run the hands work and the whole body moveth at the pleasure of the head but without the head the whole body is but a dead trunck and neither hands nor feet have power to move so the Members of the Parliament without the King their head have not power to sit much less to Act there is no body without a head nor no Parliament without a King they cannot move nor convene together without his Royal Summons neither can they dissolve themselves being convened without his command the King assembles adjourns prorogues and dissolves the Parliament by Law at his pleasure and therfore it is called in our Statutes and Law-bookes Parliamentum Regis Curia Regis et Concilium Regis and the Acts of Parliament are called the Kings Laws and why not the Kings Laws doth not he make them The whole body and volumes of the Statutes proclaim the King the sole Legislator What is Magna Charta but the Kings will and gift The very beginning of it will tell you 't is no more viz. Henry by the grace of God c. Know ye that we of our meer and free will have given these Liberties In the self same style runs Charta de foresta In the Statute of escheates made at Lincoln 29 Edw. 1. are these words At the Parliament of our Soveraign Lord the King by his Council it was agreed and also commanded by the King himself That c. The Statute of Marlebridg 52 H. 3. runs thus The King hath made these Acts Ordinances and Statutes which he willeth to be observtd of all his Subjects high and low 3. Edwardi primi The title of the Statute is These are the Acts of King Edward and afterwards it followeth The King hath ordained these Acts And the first Chapter begins The King forbiddeth and commandeth That c. 6. Edw. 1 It is said Our Soveraign Lord the King hath established the Acts commanding they be observed within this Realm And in the 14 Chap. the words are The King of his special grace granteth That c. The Statute of Quo Warranto saith Our Lord the King at his Parliament of his special Grace and for affection which he beareth to his Prelats Earls and Barons and others hath granted that they who have liberties by prescription shall enjoy them 1. Ed. 3. To the honour of God and of holy Church and to the redresse of the oppression of the people our Soveraign Lord the King c. At the request of the Commonalty of his Realm by their Petition made before him and his Counsel in the Parliament by the assent of the Prelats Earls Barons and other great men assembled in the said Parliament hath granted for him and his heirs c. But wherfore evidences to prove that which no man can deny The styles of the Statutes and Acts printed to the 1 H. 7 are either The King willeth the King commandeth the King provideth the King grants the King ordains at his Parliament or the King ordaineth by the advice of his Prelats and Barons and at the humble Petition of the Commons c. But in Henry 7 his time the style altered and hath sithence continued thus It is ordained by the Kings Majesty and the Lords spiritual and temporal and the Commons in this present Parliament assembled And why do the Lords and Commons ordain Is it not only because the King doth It is so they do because the King doth which only denotateth their assent for the Kings Majesty giveth life to all as the Soul to the Body for did ever the Lords or Commons make an Act without the King Never they cannot the Lords advise the Commons consent but the King makes the Law their Bills are but inanimate scriblings untill the King breaths into their nostrils the breath of life and so that which was but mould before becometh a Law which ruleth living Souls and as Sr. Edward Coke observeth In antient times all Acts of Parliament were in form of Petitions which the King answered at his pleasure now if it be the duty of the Parliament to Petition and in the power of the King to receive or reject their Petitions at his will judg you who hath the supreme power Neither doth the King only make the Laws but he executeth them too for all executions which are the life of the Law receive their force and vigour from the King Car la ley le roy et les briefes le Roy Sont les choses per que home est Protect et ayde saith our Father Littleton Sect. 199. There be three things whereby every Subject is protected Rex Lex rescripta Regis The King commandeth his commands are our Laws and those Laws are executed only by the Kings Writs and Precepts and although the King Moses-like deputeth subaltern Judges to ease himself of some part of the burthen of administring Justice yet what they Judge are the Kings Judgments the Law is the rule but it is mute the King judgeth by his Judges and they judging are the Kings speaking Law The Judges are Lex loquens the Kings mouth the Commons are his eys and the Lords his ears but the Kings head is Viva Lex the fountain of Justice to whom God hath given his Judgments and we have none but what the King Gods Vicar giveth to us and why not the Kings judgments Quod quisque facit per alterum facit per se The Kings Patent makes the Judges the power of pardoning offences only belongeth to the King He may grant conusance of all pleas at his pleasure within any County
his Common-Counsell they are but only Ministerial Servants and by the Writ it is clear that they are no part of the great Counsel of the Kingdom they are but the grand Inquest and general Inquisitors of the Realm to find out the grievances of the people and Petition to the King for redress the Burgesses and Citizens to present the defects in their Trade and the Knights of the Shires the burthens and Sores of their Counties they ought not nor are not admitted into the House before they have sworn that the Kings Majesty is the only and supreme Governour over all persons in all causes This oath did every Member of the long Parliament take before they set foot into the House of Charls the Martyr whom they afterwards murthered and took possession themselves of all that he or his royal progeny had or should have let the world judge how faithfully these Keepers kept their Oathes and Covenants Now forsooth none must come into the House but those who first swear that the King who is is not but that they who are not are the only supreme Governours over all persons in all causes And will these oaths be kept 'T is perjury to keep them Thus they joyn hand in hand and oath to oath but it is but to do wickedness for like King Davids Rebels they make a Covenant against their King and would murther him as they did his Father if they could catch him but nulla pax malis the wicked cannot hold together long though they unite their forces into one intire body yet it is but like Samsons Foxes by the tailes only to set the world on fire When the Commons have taken the oath of Supremacy and met together in a body collective in the house they have not so much power as a Steward in his Leet or a Sheriff in his Tourn for they cannot minister an oath imprison any body but themselves nor try any offence whatsoever much less try their King and assume the Legislative power At a conference the Commons are always uncovered and stand when the Lords sit surely these are no marks of Soveraignity They indeed chuse their Speaker but after their choice the King may refuse him at his pleasure and make them chuse another and Lenthal himself as all other Speakers do did when he was presented to the King disable himself as a person unworthy to speak before the King yet now he is styled the Father of our Country How the world is turned up-side down These Parliamentiers heretofore were wont to be arrested by any common Person and lyable to all Sutes and punishments as other men untill the King graciously passed an Act for their indemnity 4 H. 8. ea 8. So that they are nothing but what the King made them nor have nothing but by his grant and all that the King did make them appeareth by the Writ which is to do and consent to such things as the King with his Common-Counsell should ordain Then stay Reader and behold stand still with thy head and hands lift up to the heavens and admire with what impudence and oppression tyranny and usurpation the long Parliamentiers are fraught with who never had any other legal power than by the Kings Writ and have lost that by the Kings death yet tyrannize over three kingdoms calling themselves the Representatives of the whole Kingdom and that they were intrusted by the People with the Supreme and Legislative power which God and all the world knoweth is as false as the Almighty is true For first they do not represent the King the head nor the Peers who are the higher and nobler part of the kingdom therefore they are not the Representatives of the whole kingdom neither were they ever entrusted by the People with the Supreme and Legislative power Nay the people did never confer any power on them at all for by their Election the people did but design the person all the power the Commons have proceeded from the King which is contained in the Writ by which they were called As Free-holders worth forty shillings a year and free-men of Cities and Borroughs would make very unfit Electors of Supreme Magistrates so never did they they cannot make any Election of their Commons untill the King commandeth and giveth them power they have no power so to do of their own much less to authorize supreme Legislators The King giveth liberty to Towns and Cities to make choice of Burgesses which had no such power before the Kings grant so that all the power which the Commons have floweth from the King not a drop of it from the people Therefore if the Commons exceed their commission to wit the power given them by the Kings Writ it is illegal and their actings void in Law and since the power given them by the Writ is extinguished by the Kings death the Long Parliament is by Law dissolved and all the power which they take upon them since is usurped illegal and Tyrannical and contrary to the Lawes both of God and man And to make their Tyranny the greatest under the Heavens they protest to the world that the Representatives of the people ought to have the Legislative power yet they give Lawes as they call them to Scotland and Ireland not having so much as one Member from both Kingdomes in their representative body nor the eighth part of the Representatives chosen by the Counties Cities and Burroughs in England So that no Tyrants since the Creation of the world did ever equallize these either in cruelty or absurdity wickednesse or foolishnesse yet forsooth in 1649 they made an Act that it should be High Treason for any one to affirm the present Government to be Tyrannical Usurped or Unlawfull or that these Commons are not the supreme Authority of the Nation So thieves may murther the Father and take away the inheritance from his Children and then make a Law that it shall be high Treason for any one to call them thieves or usurpers or to say they had not the supreme Authority Thus they defend Tyranny with Tyranny and one sin with another Unumquodque conservatur eodem modo quo fit Things impiously got must be impiously kept They got their authority by blood and by blood it must be kept they juggled themselves by lyes into the supreme self-created authority and we must lye and say they are the supreme authority only because they do otherwise we shall be executed for high Treason against this infamous conventicle So that of necessity we must displease God if we please them and live no longer than we sin for they have made it a capital offence to speak truth I must confesse most men amongst us are frighted with this scarr-Crow not only to lye and affirm the long called Parliament to be the legal supreme authority but also with St. Peter forswear and deny their persecuted Lord and Master the King accounting no weather ill so they be by their warm fire
And it is the sweetnesse of the Bishops Lands which makes the Office of a Bishop so bitter and odious to our new States-men The Law would have them ejected from their ill gotten Fortune and Estates therefore they persecute the Law as their utter Enemy And say that they will have it no more coached in the City of London but carted in the Country amongst the Swains But they must likewise send the City with it into the Country otherwise the Body will dye when the Soul departeth and the City will perish when the Law and its Retinue bid it farewell As Histories both forein and domestique antient and modern and the whole Accademy of the Common Law so it is apparent by many Records and Judgements in Parliament And both the Lords and Commons in divers Acts of Parliament through many successions of Ages have declared that the King of England is Monarcha Imperator in regno suo a Monarch and Emperour in his Realm above all the people in his kingdom and inferiour to none on Earth but only the Almighty holding his Crown and Royal dignity immediately of God and of none else By the Statute of 28 H. 8. ca. 2. enacted in Ireland it is declared that the Kings of England are Lawful Kings and Emperours of the said Realm of England and of this Land of Ireland So by the Act of 16 R. 2. ca. 5. It is declared That the Crown of England hath been so free at all times that it hath been in no earthly subjection but immediately subject to God in all things touching the Regality of the same Crown and to none other And what is the House of Commons a God if they are but men the Crown is not subject to them for the Statute telleth you it is in no Earthly subjection But perhaps they are Devils neither will that serve their turn for as it appeareth by the Act The Crown is immediately subject to God and to none other So by the Statute of 24 H. 8. cap. 12. it is declared Where by divers sundry old authentick Histories and Chronicles it is manifestly declared and expressed That this Realm of England is an Empire and so hath been accepted in the World Governed by one Supreme Head and King having the Dignity and Royal Estate of the imperial Crown of the same unto whom a body politick compact of all sorts and degrees of people divided in terms and by names of Spiritualty and Temporalty been bounden and ought to bear next God a natural and humble obedience he being also institute and furnished by the goodnesse and sufferance of Almighty God with plenary whole and entire power pre-eminence authority prerogative and Jurisdiction to render and yield justice and final determination to all manner of Folk and Subjects within his Realm and in aâ— causes matters and debates whatsoever Behold here and consider the Judgement of the whole people both Lords and Commons Who can contradict what they said None but the Antipodes of our Age who contradict all Truth Justice Law and Honesty I heard it affirmed that they were about to explode out of the new Testament the 13th Chapter of the Romans and other Texts in Scripture which commanded subjection to Kings Truly I believe they did not want knavery but only conveniency to effect it If the Bible had had but one Head off it had went as sure as the Kings In the Statute of 1 Eli. cap. 1. and in several other Acts of Parliamenâ— the Crown of England is called an Imperial Crown and the Parliament the Kings hâ—gh Court And that you may see that the Murtherers of Charls the Martyr pretended to want water when they were in the Sea read the Act of Parliament 1 Ia. cap. 1. wherein the Lords and Commons made this joyfull Recognition viz. Albeit We your Majesties loyal and faithfull Subjects of all Estates and Degrees with all possible and publick joy and acclamation by open proclamations within few hours after the decease of our late Soveraign Queen we declared with one full voice of tongue and heart your Majesty to be our only lawfull and rightfull Liege-Lord and Soveraign yet as we cannot do it too often or enough so it cannot be more fit than in this high Court of Parliament where the whole Kingdom in person or by Representatives is present upon the knees of our hearts to agnize our most constant faith obedience and loyalty to your Majesty and your Royal Progeny humbly beseeching it may be as a memorial to all Posterity recorded in Parliament and enacted by the same that we being bounden thereunto by the Laws of God and Man do recognize and acknowledg that immediately upon the death of Queen Elizabeth the imperial Crown of this Realm did by inherent birth-right and lawfull and undoubted succession descend and come to your Majesty and that by lawfull right and descent under one imperial Crown your Majesty is of England Scotland France and Ireland the most potent and mighty King and thereunto we most humbly and faithfully submit and oblige our selves our heirs and posterities for ever untill the last drop of our bloods be spent and beseech your Majesty to accept the same as the first fruits of our loyalty to your Majesty and Royal Progeny and Posterity for ever Which if your Majesty will adorn with your royal assent without which it neither can be compleat and perfect nor remain to all Posterity we shall adde this to the rest of your Majesties inestimable benefits But now Tiber runs backwards and the Moon giveth light unto the Sun the Servant ruleth the Master and the Peasant is mightier and greater than the King Nay in stead of walking on our feet as our fore-Fathers did we walk upon our heads and as for the old paths where is the good way we will not walk therein Our Ancestors have attested the Kings Soveraignity with their lives and sacred oaths but we attest the contrary so that if we of this age are not our Ancestors of all ages past were ignorant perjured fools Our Fathers as you see in the fore-going Statute did humbly submit and oblige themselves and us their heirs and Posterity to be constant and faithfull in subjection to the King and his Royal Progeny But we undutyfull to our Parents as well as Rebellious to our King oblige our selves and bind our souls with many sacred oaths to expell him from his Crown rob him of his Revenews and extirpate his Royal Progeny being constant and faithfull to nothing but our own lusts and ambition They would spend their bloods to maintain and defend the King but we spend both our bloods and Estates to offend and destroy him They esteemed their Act void and imperfect without the Royal assent But we esteem and vote the Royal assent void imperfect and uselesse But wherefore do I say we Lay the saddle on the right horse It was neither Lords nor Commons Parliament nor people who perpetrated all these villanies
are called of God to be Kings as his Vicegerents they have power to look to and have a care of the Church that the word be preached and the Sacraments administred by fit persons and in a right manner else how should Kings be Nursing Fathers to the Church had they not a Fatherly power over it Therefore many Acts of Parliament in several Kings Reigns and the whole Current of Law Books resolve and affirm the King to be head and have Supreme Jurisdiction in Ecclesiastical causes In the first year of Edward the sixth a Statute was made That all Authority and Jurisdiction both Spiritual and Temporal is derived from the King So in the Reign of Edward the Confessor was this Law ca. 17. The King who is the Vicar of the highest King is ordained to this end that he should Govern and Rule the Kingdom and People of the Land and above all things the Holy Church and that he defend the same from wrong doers and destroy and root out workers of mischief But since Reverend Coke in the fifth part of his Reports De jure Regis Ecclesiastico hath with luculent examples and impregnable lawes made it so clear that no man can gainsay it that the King ought and the Kings of England ever since before the Conquest until the Reign of Queen Elizabeth at which time he writ have had the supreme power and jurisdiction in all Spiritual and Ecclesiastical causes I referre you to his Book only reciting part of his conclusion viz. Thus hath it appeared as well by the antient Common Lawes of this Realm by the Resolutions and Judgments of the Judges and Sages of the Lawes of England in all succession of ages as by authority of many Acts of Parliament antient and of later times that the Kingdome of England is an absolute Monarchy and that the King is the only supreme Governour as well over Ecclesiastical persons and in Ecclesiastical causes as temporal within this Realm And in another places fo 8. he saith And therefore by the antient Lawes of this Realm this Kingdome of England is an absolute Empire and Monarchy consisting of one head which is the King and of a body politick compact and compounded of many and almost infinite several and yet well agreeing Members All which the law divideth into two several parts that is to say the Clergy and the Laity both of them next and immediately under God subject and obedient to the head Also the Kingly head of this politick body is instituted and furnished with plenary and intire power prerogative and jurisdiction to render justice and right to every part and member of this body of what estate degree or calling soever in all causes Ecclesiastical or Temporal otherwise he should not be a head of the whole body Now he that looketh upon these Authorities and yet saith that the King is not above both Parliament and people nor hath soveraign power over them will likewise look upon the sun in the Heavens and yet say that it is not above but below the earth and when he is in the midst of the sea say that there are no waters in the world If then the King hath the supreme power over Parliament and people as most certainly he hath how then could the Parliament or people much lesse sixty of them question or judge their King For no man can deny but that the greater power ought to correct and judge the lesser not the lesser the greater How could they did I say Why vi armis by violence and injury not by law So may I go and murther the King of Spain or the King of France and then tell them that their people have the supreme power over them The case is all one only these Rebels murthered their natural Father and King to whom nature and the Lawes of God and man had made them subjects but I should murther a forein King whom I ought not to touch he being the Lords annointed It is easie to prove the Soveraignty of the Kings of England by their Stiles unlesse our anti-monarchical Statists will say they nick named themselves Their several stiles since the Conquest you may see in the first part of my Lord Coke's Institutes Fo. 27. Therefore I will not trouble you with a recital of them as for the styles before the Conquest take one for all which you may find in the Preface of Co. li. 4. and in Davis his Irish reports Fo. 60. In a Charter made by Edgar one of the Saxon Monarchs of England before the Danish Kings viz. Altitonantis dei largiflua clementia qui est Rex Regum dominus dominantium Ego Edgarus Anglorum Basileus omniumque rerum Insularum Oceani quae Britanniam circumjacent cunctarumque Nationum quae infra eam includuntuâ— Imperator et dominus Gratias ago ipsi Deo omnipotenti Regi meo qui meum imperium sic ampliavit exaltavit super Regum patrum meorum Qui licet Monarchiam totius Angliae adepti sunt a tempore Athelstani qui primus Regum Anglorum omnes Nationes quae Britanniam incolunt sibi armis subegit nullus tamen eorum ultra fines imperium suum dilatare agressus est mihi tamen concessit propitia Divinitas cum Anglorum imperio omnia regna Insularum Oceani cum suis ferocissimis regibus usque Norvegiam maximamque partem Hiberniae cum sua nobilissima Civitate de Dublina Anglorum regno subjugare quos etiam omnes meis imperiis colla subdare dei favente gratia coegi By which you may observe the first Conquest of Ireland and that the Kings of England are Emperours and Monarchs in their Kingdom constituted only by God the King of Kings and Lord of Lords not by the people And so did many other Kings of England stile themselves as for example Etheldredus totius Albionis Dei Providentia Imperator and Edredus Magnae Britanniae Monarcha c. But that our preposterous Commonwealths men might make themselves most ridiculous as well as impious in all things they would argue the King out of his Militia and have him to be their Defender yet they would take away his sword from him O Childish foppery What a Warriour without arms a General without souldiers why not aâ— well a Speaker without a mouth such Drollerâ— was never heard of in the world until the Infatuation of these infandous Republicans hatcht it Nay but there shall be a King over us cryed the Israelites that we also might be like all the Nations and that our King may judge us and go out before us and fight our battels 1 Sam. 8.19 Anâ— what should he fight without the Militia should the King be over the people judge them and go out before them to battel yet ought the people tâ— have power to array arm and muster the souldierâ— at their pleasure ought they to appoint whaâ— Officers and Commanders they thought fit surely no For he will saith Samuel verse 12.
appoinâ— him Captains over thousands and Captains oveâ— fifties So 11 Sam. 12.29 David gathered aâ— the people together and went to Rabbath and foughâ— against it and took it But why do I cite David Had not all the Kings in the Scripture nay havâ— not all the Kings in the world the chief poweâ— over their Militia Surely nothing is more certain otherwise what difference would there be between the King and Subject Militarem autem prudentiam ante omnia necessariam Ego Principi assero adeo ut sine ea vix Princeps Quomodo enim aliter se tueatuâ— sua ac suos saith Justus Lipsius No Militia no King For how can he defend himself and Kingdome without it The Puppy dogs would master the Lyon were it not for his pawes the cowardly Owles would conquer the Eagle if he had no talons and the King would be a laughing stock both at home and abroad were it not for the sword which God not the people hath girded to his side The King beareth not the sword in vain saith St. Paul Rom. 13.4 But surely he would bear it in vain had he not power of himself to draw it or sheath it but when the people pleased he would be but a poor revenger to execute Gods wrath had the people as our Novists feign not he the sole disposing of the Militia Unges eum ducem 1 Sam. 9.16 Thou shalt annoint him to be captain over my people Which shewes the Kings right to the Militia being Captain over his people Unum est Regi inexpugnabile munimentum amor civium I must confesse the Citizens and Peoples love is the best fortresse and bulwork for Kings but Charity growes cold Loyal love and Citizens are not alwayes companions whole Cities nay whole Countries may prove perfidious to their King and whilst the King dischargeth the office of a loving father his people may turn Traytors and rebell against his goodnesse Therefore it is good walking with a horse in ones hand and ever safest for Princes even in the greatest peace to have a well-disciplin'd Militia in a readinesse for the affection of the people like the wind is never constant In Rege qui recte regit necessaria sunt duo haec arma videlicet leges quibus utrumque tempus bellorum pacis recte possit gubernari utrumque enim istorum alterius indiget auxilio quo tam res militaris possit esse in tuto quà m ipsae leges usu armorum praesidio possint esse servatae Si autem arma defecerinâ— contra hostes rebelles indomitos sic erit regnum indefensum si autem leges sic exterminabitur justitia nec erit qui justum faciat judicium The Law and Arms are so necessary and requisite in a King that without both he can have neither for how could he execute and maintain his lawes withouâ— arms and how could he levy war without lawes to direct and guide his Arms He could neither proclaim war nor make leagues or peace without them The King is Custos totius Regni and by law ought to defend and save hiâ— Realm But surely he would bâ— but a poor keeper if the peoplâ— had power to keep his weapon from him at their pleasure Custodes libertatis Angliae The Keepers of our liberty could not keep it from us without the force of the Militia and how should the King maintain his Realm in peace and defend our lives liberties and estates from the forein and domestick Tyranny of Traytors and Rebels had he not the sole power and strength of Arms The Subjects of England are bound by their liegeance to go with the King c. in his wars as well within his Realms as without as appeareth by the Statute of 2 Ed. 6. cap. 11. and by a Statute made 11 H. 7. c. 1. The Lords and Commons assembled in Parliament declare it to be the duty and allegiance of the Subjects of England not only to serve their Prince and Soveraign Lord for the time being in warres but to enter and abide in service in battel and that both in defence of the King and land against every rebellion power and might reared against him But wherefore should I make my self ridiculous in attempting to prove that which no age hath denied It hath been the Custome of all Kingdoms the practice of all times and the Common Law of the Realm of England ever since it was a Realm that the power of the Militia did alwayes belong unto the King nay it is proper to him quarto modo he hath an inherent and inalienable right to it Which right hath been declared and affirmed by many Acts of Parliament in all succession of ages which in a case so clear need not to be recited It belongs to the King only to make leagues with forein Princes 2 H. 5. ca. And as it is resolved in our Law Books if all the people of England should break the league made with a foâ—eâ—n Prince without the Kings consent yet the league holds and is not broken Nay so farr are the People or House of Lords or Commons from having the power of the Militia that as you may read the expresse words 3 Inst pa. 9. If any levy Warr to expulse strangers to deliver men out of Prisons to remove Counsellors or against any Statute or to any other end pretending Reformation of their own heads without Warrant it is high Treason For no Subject can levy Warr within the Realm without Authority from the King for to him it only belongeth O then admire at the impiousnesse and impudence of the long called Parliament who murthered their King for committing Treason against them whereas by the Laws of the Land they were the only Traytors against him So may the offender punish the offended for the offence which he himself committed and so may the Prisoner condemn and execute the Judge for the Crime whereof himself is only guilty The only reason why they demanded the Militia of the King and said that it only belonged to them was not because the King ought not to have it for they well knew that by the Law of all Ages it did only belong to him and not to them But how then could they carry on and accomplish their wicked design of Murthering him if they still let his Sword hang by his side Therefore they first laid hold on that and wrested the Militia out of his hands arguing that it did not belong to the King but to them So Murtherers may say that the Sword of him whom they intend to murther doth not belong to the owner but to them to the end they may with the more ease and safeguard perpetrate their wickedness And that they might have a shadow to hide all their filthynesse They first got several Counties to Petition for the Militia which they afterwards took by violence nay they themselves did first Petition the King for it So sturdy Beggars first beg
politick in which he may purchase to him and his heirs Kings of England or to him and his Successors Yet both bodies make but one indivisible body Plowden 213.233.242 li. 7.12 6. Justice The King can do no wrong Therefore cannot be a disseisor He is all Justice Veritas Justitia saith Bracton circa solium ejus They are the two Supporters that do uphold his Crown he is Medicus regni Pater patriae sponsus Regni qui per annulum is espoused to his Realm at his Coronation he is Gods Lieutenant and is not able to do an unjust thing 4 Ed. 4.25 5 Ed. 4.29 Potentia injuriae est impotentia naturae His Ministers may offend and therefore are to be punished if the Laws are violated but not he 7. Truth The King shall never be estopped Judgement finall in a writ of right shall not conclude him 18 E. 3.38 20 E. 3. Fitz. Droit 15. 8. Omniscience When the King licenceth expresly to aliente an Abbot c. which is in Mortmain he needs not make any Non obstante of the Statutes of Mortmain For it is apparent to be granted in Mortmain And the King is the head of the Law and therefore shall not be intended misconusant of the Law For Praesumitur Rex habere omnia jura in scrinio pectoris sui 1 Jnst 99. And therefore ought to have a Negative voice in Parliament For he is the fountain of justice from whence the Law floweth 8. The Opinion of the two Spencers in Ed. 2. Who held that the oath of allegiance was more by reason of the Kings Crown that is his politick capacity than by reason of his person Is a most detestable excreable damnable and damned invention 7 Rep. fo 11. Calvins case 9. High Treason can be committed against none but the King neither is any thing high Treason but what is declared so to be by the Statute 25 Ed. 3. c. 21. To leavy war against the King to compass or imagine his death or the death of his Queen or of his eldest Son to counterfeit his Money or his great Seal to imprison the King untill he agree to certain demands to leavy war to alter Religion or the Law to remove Counsellours by arms or the King from his Counsellours be they evil or good by arms to seize the Kings Forts Ports Magazine of war to depose the King or to adhere to any State within or without the Kingdome but the Kings Majesty is high Treason For which the Offendor should have judgement First to be drawn to the Gallows 2. There to be hanged by the neck and cut down alive 3. His Intralls to be taken out of his belly And he being alive to be burnt before him 4. That his head should be cut off 5. That his body should be cut in four parts and 6. That his head and his quarters should be put where the Lord the King pleaseth 10. Treason doth ever produce fatal destruction to the Offender either in body or soul sometimes in both and he never attains to his desired end 3 Par. Jnst pag. 36. Peruse over all Books Records and Histories and you shall finde a Principle in Law a Rule in Reason and a tryal in experience that Treason doth ever produce fatal and final destruction to the Offender and never attains to the desired end two incidents inseparable thereunto and therefore let all men abandon it as the Poysonons bait of the Devil and follow the precept in holy Scripture Serve God Honour the King and have no company with the seditions 11. That Kings have been deposed by their Subjects is no argument or ground that we may depose ours A facto ad jus non valet argumentum Because Children have murdered their own fathers is no warrant for us to murder ours Judas betrayed his Soveraign yet should not we follow his example unless we strive for his reward There was never King deposed but in tumultuous and mad times and by might not by right 12. The King is Principium caput finis Parliamenti the begining head and end of a Parliament The body makes not the head nor that which is posterior that which is prior Kings were before Parliaments There were not in England any formed bodyes called the two Houses of Parliament untill above 200. years after the Norman Conquest 13. The King of England is armed with diverse Counsels one whereof is called Commune consilium the Common counsel and that is the Court of Parliament and so it is legally called in writs and judicial proceedings Commune Consilium Regni Angliae Consilium non est praeceptum Consiliarii non sunt praeceptores It is not the office or duty of a Counseller to command and make precepts but only to advise 14. The King is the fountain of justice and the life of the Law The two Houses frame the body the King giveth the soul for without him it is but a dead carcase And Si componere magnis Parva mihi fas est If I may compare small things with great As in a bond though one find paper and another write it yet if the obligor do not seal and deliver it it is nugatory and no obligation So if the King assent not to an act of the two Houses it is void and no Statute It is the royal Scepter which gives it the force of a Law Witnesse the whole Academy of the Law perspicua vera noâ— sunt probanda It would be foolish to light the Sun with Candles 15. Originally The King did make new Laws and abrogate old without the assâ—nt of any known body oâ— assembly of his Subjects But afterwards by his gracious goodnesse perceiving that his people could best know their own soars and so consequently apply the most convenient remedy he vouchsafed so much to restrain his power that he would no make any Law concerning them without their assent For at the first Populus nullis legibus tenebatu sed arbitria regum pro legibus erant Which truth iâ— so clear that it shines almost in every History The oldest and best stile of an act of Parliament is Be it enacted by the Kings Majesty with the assent of the Lords Spiritual and Temporal and the Commons c. which proves where the virtual power is 16. The Commons have no Authority but by the Writ of Summons That Writ gives them no power to make new Lawes but onely to do and consent to such things which shall happen to be ordained by Common Counsel there in Parliament which are the words of the writ and all their Jurisdiction At a Conference the Commons are alwayes uncovered and stand bare when the Lords sit with their hats on which shews that they are not Colleagues in Judgement with the Lords Every Member of the House of Commons takes the oath of allegiance and supremacy before his admission in the House and should keep it too 17. It is Lex consuetudo Parliamenti The Law and Custome of a Parliament