difference His power not so viz. his illegall power They may attend the Kings person in the Warres and yet Traitors by Law his Person secured his power not so And although the King pardoneth this Offence upon this Statute as it appeareth formerly he hath done yet surely this is not effectuall for he is disabled by Act of Parliament to take benefit of this act and therefore the King cannot inable him as upon 31. Vi. ante f. Eli. in case of simony if the King present the same person simonaically to the same Benefice and withall in his presentation there is a speciall Non obstante yet this will not availe Also I conceive Impeachment in the high Court of Parliament disables the Kings pardon Nota. if he be Impeached in the high Court of Parliament upon this Act as he may be and not by Indictment at Common Law then surely the Kings Pardon will not aide him I have been somewhat more prolixe upon this Statute of 11 H. 7. ca. 1. because it is much insisted upon by the adverse part Give me leave to impart unto you some speciall observations upon these Statutes of E. 3. before mentioned viz. That Justice shall nor be delayed for the great or little Seale of the King Three particulars worthy the consideration branch themselves out of these Lawes naturally Note the contrary held in Cambridge in the Case between the Archebishop of Canterbury Chancellor viz. That the King sitting in Cathedra personally though he might erre in circumstance or the like yet in point of judgement he could not erre 11 Car. aut eo circiter The King may erre in judgement proved by the law positive First That the King may erre in his judgement his Commands may be illegall and contrary to Law Secondly That Armies of men or men in Armes may be raised by the King without authority of Law Thirdly That these forces thus raised by the King are to be suppressed and punished as Delinquents to the Lawes and Government notwithstanding the Kings Command where you may likewise evidently perceive a difference in Law betwixt the Kings Person and his Power I will debate these three partâ—culars briefly The King may erre in his judgement he may Command contrary to Law yea that his verball protestations may be otherwise in private to the Judge in publike to the world the Judge is not bound to beleeve his verball protestations though under Seale he is to execute the Law and not to delay right and justice Note here the command of the Law Nota. the command of the King the command of the Law to be obeyed not the King note also here the supreme power of the Law before spoken of Object Our Malignants cry out and say Is not the King to be beleeved He hath protested upon the holy Sacrament to the world that he will preserve our Religion Lawes and Liberties yea that he will not violate the Lawes we are Rebells and not Subjects if we should discredit the protestations yea the Oathes of our Prince I answer Sol. The Judgement of a Parliament is otherwise he may erre his Commands may be illegall and the Judge is not to regard any protestations that are otherwise but to execute the Law We are good subjects notwithstanding this false aspersion The King may raise Armies of men contrary to law for the second particular he may raise Armies of men against Law that you see plainly for if he send this Message to obstruct the course of Justice by numbers of Armed men are not these men illegally armed For it appeares they come to oppose the Law a great offence by these Lawes evident enough Here likewise appeares the truth of that Stature of 11 H. 7 afore named so much mis-interpreted by evill Counsell about his Majesty such Counsell by which his Majesty is seduced in his heart and misled Of what Counsell the law taketh notice of of which Counsell the Law taketh no notice at all whilst the wisedome of the great Counsell of the King and Kingdome so by Law deemed and determined even in the interpretation of this Law and many others is neglected and not regarded for these numbers of armed men comming with the Kings Seale to stay Justice yea though the King be attended by them in Armes are capitall Offenders and Traitors and so to be certainly pronounced if they shall forceably attempt to execute this Regall Command though the Kings person be attended by them What speakes then the Act of 11 H. 7. but what former Statutes have said The Allegiance of the Subject may be declined and yet the Kings person followed in the Warres for the Regall Warres may be unjust upon all these Statutes and so it is cleare to any rationall man I am sorry to unfold these hidden and secret Mysteries of the Law thus farre for I doe unfainedly honour the King but Amicus Socrates anicus Plato sed magis amica veritas For the third particular that the Judges are to suppresse this illegall power I need not much trouble you withall for otherwise the words of these Statutes were idle and illusory Regall forces not warranted by law are clearely to be supprest by these lawes how could the Judge proceed to Judgement if these men that come to stay the course of Justice were not hindered in the execution of this illegall Command The sence of the Law to be thus upon these Statutes he that runneth may read I intended no more but by way of supposion but in respect that application is necessary in these distracted times Application Nota. and usefull in all Discourse in regard that our opposites will say and clamour too That none of these Lawes are in question there is no violation of them therefore you shall see that in our unhappy times all these afore recited particulars are verified The King doth erre in his Judgement his Commands are contrary to Law witnesse the Kings Command to apprehend the Members of the House of Commons contrary to their Lawes and Priviledges and to try them upon supposed Crimes elsewhere yea his Majesty himselfe came in Person into the House of Commons and Demanded or Commanded delivery of them The illegall Commission of Array so often issuing forth a great oppression to the people whereby he armeth thousands of men at this day contrary to Law and Justice the King claiming no other power to Array his people or Arme them by his owne Declarations in print but which depends upon the Statute of 5 H. 4. before remembred and that Statute is not in force as you may perceive in this Treatise formerly What need I say more Nota. Commissions have been sent under the great Seale to Array the City of London and other places of this Kingdome to take up Armes against the Judges of that high Court of Parliament to hinder Justice and Judgement as these statutes afore mention Shall not these Judges proceed to doe right
away the Members of the Houses from the service of the Common Wealth and trying them by Commissions elsewhere by the knowne Lawes of the Land as they please now to terme them wrested misinterpreted by illegall Judgements to Condemne the innocent Vi. Deat f. 10. a for the positive Lawes and the Law of Parliament much differ and are not in many particulars consistent together and yet both Lawes in their proper Spheres and motions just and good Lawes and howsoever the people be deceived otherwise and by other pretexts this is the very truth and beginning of all our miseries Hinc illae lachimae In his Majesties absence from the Parliament these Agents have not been idle they then labour to invalide all the proceedings of Parliament without the Kings presence personally they Arraigne them and Judge them as null and void by extrajudiciall Declarations there is a suddaine eruption of this impious doctrine That the King hath an absolute negative voice to all their Votes and Resolutions and so their sitting there frivolous and contemptible a position inconsistent with the Government of this Nation and subjecting both Lawes and people Arbitrio principis to the will and pleasure of the Prince A cursed Opinion And further when they see that these Plots are ineffectuall they take up Armes in plaine termes But what to doe To destroy the Lawes and Government for ought that I know yea the King himselfe in his Regall Dignity they colour it with Law and Justice forthwith issues a Commission knowne by the name of The Commission of Array an illegall and unjust Commission as you may perceive by this former Discourse Afterwards they fly to the defence of the Kings Person Nota. an Act justifiable as they say even by the Law of God and Nature as if the Law of this Land had provided for the Members of this great Body Politicke and had left the head thereof without any security of it selfe a high and great scandall to the Government The truth is the King is made use of by them under pretence of the security of his Royall Person but to shelter themselves from the mulct and penalty of those great and capitall Crimes of which they are even by the positive and knowne Lawes guilty you may see how largely and wisely the Law hath invironed the Royall State and Dignity with walles of defence round about in the fore-going Discourse therefore they need not seeke any other refuge Last of all they cast this aâ—perâ—â—on upon the Parliament and Kingdome That they take up Armes against the King which you may perceive by this Discourse they doe not they intend no hurt to his Person but the safety thereof for surely they that seeke to invest the King with the same garments of Peace and Justice with which the Law hath adorned him seeke more the security of his Person then those that seeke by these bloudy courses to present him unto his people in the indeleble Characters that I say no more of errour and misgovernment Are Usurpations the Robes of a Prince Certainly these are not his Parliament Robes Is any thing denied or with-held that is his Majesties right if his Majesty would cease these Warres against his People Thus you see in briefe the beginning progresse and continuance of these our calamitieâ— unto this day on the Kings part by evill Counsell fomented and maintained The Parliament and people with them fight for their lawes and liberties yea for the King and the maintenance of his regall dignity nothing but violation of Lawes and Justice and although it be falsly alledged That the King fighteth for his Crowne I thinke upon the premisses you may safely conclude the Parliament and people fight for their Religion Lawes and Libertie yea to set the Crowne and the due Rights thereof upon the Kings Head and his Posterity which by these illegall waies hath been is and will be much exposed even to ruine and destruction If any maâ— shall be yet so unhappy in himselfe as not to rest satisfied with what is here delivered but that flesh and bloud will still contest I have nothing more to say unto him then this It is the Lawes and Government of this Kingdome that warrants this truth Et câ—ntra neguâ—â—eâ— principia non est dispuâ—aâ—dum And now to draw to a conclusion of this woâ—ke you that are filled with knowledge and wisedome as it is much gâ—oâ—â—ed in by the sâ—â—ple and ignorant where is your learning and wisedome may not I say unto you Behoâ—â— how that God hath chosen the vile and abject things of the world to oppose the mighty the foolish things of the world to confound the wise The Kings part fight not for Religion since they seeke to eneâ—vate those Lawes which under God preserve and secure our religion 3 Iac. ca. 5. vi devant What are these streames of bloud for Are they for your Religion Is this your last objection take heed that you erre â—or herein if you endeavour to disarme Religion to take away the Bulworkes and Fortâ—fications thereof the Lawes and Statutes of this Kingdome by which our Religion hath been hitherto under God preserved and maintained Are you not guilty of Sacriledge Was there not a Statute lately made to disarme the Papist as a dangerous enemy to our Religion to take away all Armes and Aâ—munition from him as also to banish him from the Kings House or Court or of his Heires apparent or within ten miles of the City of London How is this excellent â—aw most shamefully abused Not one jot or tittle of the same No cause whatsoever sufficient to justifie the violation of the Lawes we may not doe evill that good may come of it but infringed Have they not freely repaired unto the Kings Court as likewise unto the Princes yea have they not been a Guard unto his Person Doe you not likewise Arme and command in Armes the enemies of our Religion against us the Popish Party under pretence of the defence of the Kings Person directly against the Lawes of this Realme as I have shewed you before That Law which next Divine Providence is the onely security of our Religion the disarming and weakening the Papist and what will ensue upon thiâ— but if they should prevaile which God avert an utter ruine of our worship of God or at least a tolleration of Popery which would soone extirpate the Protestant Religion Now let the world see what zealous Assertors you are of Gods true Worship and Service when you open the way to all prophanesse and superstition The religion which the best of you endeavour for is full of many superstitious Ceremonies fit to be abolished even in the judgement of the most moderne I will not here enter into any discourse of them as being impertinent and they being apparent unto the world otherwise Thus I hope I have framed a Gordian knot by the Lawes of this Kingdome established if any man can dissolve or unty
and justice these illegall Commands notwithstanding Doth not the King arme the Papists contrary expresly to Law yea by Commissions under seale to fight against his People against his Parliament when as by 3 Jacobi ca. 5. they are to be disarmed and to beare no Armes within this Kingdome and although the King License them nay 3 Jac. ca. 5. not to be dispensed withall Command them to take up Armes as the case now is that will not aide them since the statute is for security of our Religion and our Lawes against the enemies thereof the King cannot dispence with it For the other particular That the King hath raised Armies of men to execute these illegall commands and that the Judges of the Law and of the high Court of Parliament have according to their duties upon these Statutes endeavoured these illegall forces it is plaine enough Now what say you unto these things yee that beleeve in errour and falshood Are we still rebels and traitors in your judicious opinions Fight we for the Lawes and for the maintenance of them and are not one of the actions amongst many which might here be remembred justifiable and yet are you the good Subjects and we the desperate Rebells What if you shall say We are no men that are compelled to take up Armes we serve the King voluntarily we are none of the illegall Commission of Array I answer Incidit in Scyllam qui vult vitare Charibdem you fly from one extreame to another Traitors wiâ—hin 11. H. 7. ca. 1. though attending the Kings person in the Warres voluntarily if you decline from the duty of Allegiance as it is plaine you doe from one defence illegall to another are you not punishable to goe or ride armed by Statutes formerly mentioned without any evill intentions appearing how much more then when you goe about to violate and transgresse the Lawes Your voluntary act here makes the offence the greater as for the exception of the King and his Servants in his presence mentioned in these Lawes that is nothing it will nor helpe you at all for these Lawes as I have formerly spoken intend only his servants meniall and for preservation of the Peace likewise what is this paucity of men to Armies numerous Here is no refuge for you in these Statutes we are come to Nurcules Pillars to a Ne plus ultra with our opposites we are come to so straight a passage that there is no declining either to the right hand or to the left for I thinke we have searched all the corners of errour I will pursue you no further I wish you may at length turne into the wayes of truth least that God open the mouth of the dumbe Creature to reprove the folly and madnesse since the voice of the Law moveth you not at all Hence it is apparent that the Law as supreme hath invested both King and people with that power which they have by Nationall pact and agreement The law useth a power coersive as to the Kings possessions yea is to any power illegall raised by him and therefore if transgressed they are liable unto judgement as you see it cleare in matters touching the Kings possessions though not his person and if the Law come so neare the person of the King in point of coertion as his Lands and Estate making them Subject to the Decrees and Edicts of the Law pronounced in the Courts of Justice then common reason teacheth you that the Law hath a compulsary power over all illegall forces raised by the King for the Revenues and Lands of the Crown are more necessary and incident unto the regall Dignity and are nearer conjoyned unto it in point of defence maintenance and security then any power not warranted by Law Witnesse this Case that the Lands and Revenues of the Crowne come they by discent or purchase goe to the next successour to the Crowne contrary to the rules of Law in the Subjects Case an instance of this the discent of the Crown from Ed. the 6. to Queen Mary resolved by all the Judges that the Lands of the Crowne descended to the said Queene though but of the halfe bloud to King Edward Halfe bloud hinder nâ—â— discent of the Crowne yea that the Jewels of the Crowne and personall Estate vested in the said Queene and the reason of the Law is the same before mentioned for defence maintenance and security of the Regall Dignity or Person but any illegall power raised by the King dyeth with his Person it can neither discend neither can it be disposed of by the King it hath no affinity as I may so say nor any relation to his Person yea the Law taketh no notice of it at all but with an eye of Justice so that it is manifest the Law useth a coercive power as to the Kings possessions yea as to any Armies of men or forces raised by the King without legall authority Come we then to his Person see the wisdome of the Law there also it useth no coersive power because his Person by the Divine Law is Sacred as also it is needlesse for the Law to use a compulsary power over the Kings Person seeing that his Lands and Possessions yea any illegall power raised by him are subject to the Censure of the Law What formidable thing is his Person if you take away any power from him but what is warranted by Law No need of coertion as to the Regall Person Nota. What need of coertion over his Person I speake not this to diminish the just and due rights and greatnesse of the King for the Majesty and greatnesse with which the Law hath incompassed him is in truth Majesty Et regia celsitudo illegall Magnificence makes him but a poore and weake Prince despicable even in the eyes of his People Ejus potestas as Bracton saith est juris non injuriae But to draw to a conclusion inferiour Courts of Justice have their authority to suppresse any force raised by the King Argum entu à mineri ad majuâ— if not allowed by Law as it appeareth in this Treatise that these Armies of men by the King Commanded are in no wise legall What shall we then say Shall not the high Court of Parliament have the same authority which inferiour Courts Hand-maids unto it even in time of Peace have used and exercised I am ashamed of this grosse ignorance Now you that have many tergiversations and shifts to defend errour what say you unto this declare unto the world your Cause and stay these streames of bloud amongst your Christian Brethren Publish to this Nation the blindnesse and hardnesse of their hearts convince their judgements and understandings that truth may once more flourish amongst us But if not be for ever confounded in your selves close up your lips with perpetuall silence hereafter But you may say Object How comes it to passe that these particulars have not hitherto been discovered to the world