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<NAME>Mona Logarbo</NAME>
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<FRONT>
<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>TRANSCENDENT
<HI>AND</HI>
MVLTIPLIED
REBELLION
<HI>AND</HI>
TREASON,
DISCOVERED,
By the Lawes of the Land.</P>
<Q><P>I had not known Sinne but by the Law.</P> <BIBL>8.
Rom. 7.</BIBL></Q>
<Q><P>Let our &s;trength be the Law of Ju&s;tice: for that which is fee|ble
is found to be nothing worth. Therefore let us lye in Wait for
the Righteous, becau&s;e he is not for our turne, and he is cleane
contrary to our doings, he upbraideth us with our offending the
Law.</P>
<BIBL>Wi&s;d. 2. 11. 12.</BIBL></Q>
<Q><P>Am I your Enemy becau&s;e I tell you the truth?</P>
<BIBL>4. Gal. 16.</BIBL></Q>
<P>Anno, 1645.</P>
</DIV1>
<DIV1 TYPE="to the reader">
<PB REF="2">
<PB N="1" REF="2">
<OPENER><SALUTE>READER,</SALUTE></OPENER>
<P>_IN&s;tead of an Epi&s;tle, thou &s;halt have my re&s;oluti|on,
concerning &s;ome particulars, principally agita|ted
at this time, and nece&s;&s;ary to be premi&s;ed.</P>
<P>1. Concerning Politicall and Regall Autho|rity
and Power, and the Author thereof.</P>
<P><HI>Politicall</HI> Authority,<NOTE PLACE="marg">Politicall and Regall pow|er, &amp; the Au|thor thereof.</NOTE> is the power which the Supreame
Magi&s;trate hath over mens Per&s;ons and E&s;tates, over their
Lives and Fortunes; and &s;uch is the power of a King in his
Kingdom: And that power with us is to be exerci&s;ed by the King
according to the Lawes of the Land. The originall thereof is
from God; who is the only Potentate, <HI>The King of Kings, and
Lord of Lords, 1. Tim.</HI> 6. 15. and from none other, Men or An|gells:
For the Creatures generally are under the Commande|ments,
<HI>Thou &s;halt not kill, Thou &s;halt not &s;teale.</HI> And then
cannot by any Authority of their owne, warrant any man to take
away anothers Life without Murther, nor his E&s;tate without
Theft. Only God, who is the Lord of Life and Death, the Lord
Po&s;&s;e&s;&s;or of Heaven and Earth, the Creator of all things, and
therefore hath a Naturall Dominion over all, can Authorize
in the&s;e ca&s;es: And he gives this Authority to Kings and other
&s;upreame Magi&s;trates, his Vicegerents, and Deputies here on
earth, for the administration of Iu&s;tice, and for the effectuall Re|&s;traint
of Sinne and Vice, by the utmost of Corporall and tempo|rall
puni&s;hments, and for the maintenance of Order and Govern|ment
among&s;t men. And &s;o the Apo&s;tle tells us, That <HI>there is
<PB N="2" REF="3">
no Power but of God, Rom.</HI> 13. 1. And in the Scripture Kings
are called Gods Annointed; Annointed with power, as the Holy
Gho&s;t phra&s;eth it, <HI>Act.</HI> 10. 38. Yea they have the Compellation
of God him&s;elfe, becau&s;e, &s;aith M^r <HI>Perkins, they partake of
his Power in their Authority, and of his glory in their Maje|&s;ty.</HI>
And <HI>Daniell</HI> tells us thrice in one Chapter, <HI>That the King|domes
al&s;o are Gods, and he giveth them to whom he will.</HI> 4.
<HI>Dan.</HI> 17. 25. 32. For in&s;tance, 'tis by the Grace of God that our
<HI>Soveraigne Lord Charles</HI> is King of <HI>England, Scotland, &amp;c.</HI>
And in the&s;e Kingdomes He con&s;titutes Governours al&s;o as he
will; either by His own Nomination or by Naturall Generati|on,
or by the Peoples Election: I know that too, to the end Popes
might u&s;urp power over Kings, 'tis the Tenent of the Papists,
and of the Parliament party,<NOTE PLACE="marg">Kings have not their Power from the People.</NOTE> That the King hath his pow|er
from the People, and that they may rea&s;&s;ume it. But this O|pinion
is founded in Blasphemy, loo&s;ens the bonds of Loyalty,
advanceth Popular in&s;olency, leads on to Rebellion, and ends in
Anarchy, and Confu&s;ion.</P>
<P>And in truth all the People doe in this ca&s;e, or can doe, is this;
They may in Order to the Divine di&s;po&s;ition of things, and in
&s;ome tlaces they doe (not without Gods e&s;peciall Inclination
and direction) elect &s;uch a one to be their King, but they doe not,
they cannot, inve&s;t him with Royall Authority and power; which
he hath from God alone, at his Inauguration, or fir&s;t entrance
upon his Kingly Office; according to that Commi&s;&s;ion, <HI>Dixi Dii
e&s;tis, I have &s;aid ye are Gods: P&s;al.</HI> 82. 6. As in Corporations,
the Inhabitants doe elect the Major, but they doe not conferre on
him his Authority, which he hath from the Kings Charter on|ly,
inve&s;ting him with &s;uch power, and giving them power al&s;o of
electing him, which they could not have done without &s;peciall
Licence from the King. And as it is of the Kings &s;ingular fa|vour
and indulgence, that they cho&s;e their Governour; And as,
for all their Elections, the Major is <HI>Mini&s;ter Regis,</HI> the Kings
Minister, con&s;tituted in Authority by and under him, in that
Corporation, to repre&s;ent his Per&s;on, and to di&s;charge his Offices
So it is between God, the King, and People, in poynt of Electi|on
and Mini&s;tration.</P>
<P><PB N="3" REF="3">
And as God con&s;tituteth every Supream Governour, &s;o doth
he every kind of Government in the World; according to the
Confe&s;&s;ion of the Church of <HI>Scotland,</HI> delivered in the&s;e follow|ing
words.</P>
<P>We confe&s;&s;e and acknowledge Empires, Kingdomes, Do|minions
and Citties to be di&s;tincted, and ordained by God;
the Powers and Authorities in the &s;ame, be it of Emperours
in their Empires, Kings in their Realmes, Dukes and Princes
in their Dominions, and of other Magi&s;trates in their Citties,
to be Gods holy Ordinance, ordained for the manife&s;tation of
his owne glory, and for the &s;ingular profit and commodity of
mankind:<NOTE PLACE="marg">Antient Con|&s;titutions not to be over|throwne.</NOTE> So that who&s;oever goeth about to take away, or
confound the whole State of Cavill Policies now long e&s;tabli|&s;hed,
we affirme the &s;ame men not only to be enemies to man|kind,
but al&s;o wickedly to fight again&s;t Gods expre&s;&s;ed will.</P>
<P>And hitherto appertaineth that Maxime. <HI>Qui introducit
mala, peccat contra voluntatem Dei revelatam in verbo: qui
nova introducit, peccat contra voluntatem Dei revelatam in
factis:</HI> He that introduceth evill things, &s;inneth again&s;t the
will of God revealed in his word: and he that introduceth
new things, &s;inneth again&s;t the will of God revealed in his
workes.</P>
<P>2. Concerning the Kings Negative Vote in Parliament,<NOTE PLACE="marg">The Kings negative Vote in Parliament.</NOTE> which
the two Hou&s;es would utterly overthrow: And to that end they
alledge the forme of an Oath in <HI>Hen:</HI> the fourths time, which
they &s;ay the Kings of <HI>England</HI> u&s;ually took at their Coronation:
and whereby they promi&s;e to protect the Lawes, and to Corrobo|rate
&s;uch as the People &s;hall chu&s;e:<NOTE PLACE="marg">The Kings Oath to Cor|roborate &s;uch Lawes as the People &s;hall chu&s;e.</NOTE> <HI>quas vulgus ju&s;te &amp; ratio|nabiliter
elegerit</HI> (as it is rendred, <HI>Rot. clau&s;. 1. R. 2. nu.</HI> 44.)
which the people &s;hall chu&s;e ju&s;tly and rea&s;onably: And &s;uch was
not the fir&s;t controverted Bill of the <HI>Militia;</HI> for it was both un|ju&s;t
(to take the Kings Power from him) and unrea&s;onable, be|cau&s;e
without the <HI>Militia</HI> he cannot, according to his Oath pro|tect
the Lawes; And the true &s;ence of that branch of the Oath
is expre&s;&s;ed by that forme u&s;ed at the Coronation of <HI>Edw:</HI> the
&s;ixth. <HI>Doe you grant to make no new Lawes, but &s;uch as
&s;hall be to the honour of God, and to the good of the Com|mon-wealth,
<PB N="4" REF="4">
and that the &s;ame &s;hall be made by the con&s;ent
of your People, as hath been accu&s;tomed?</HI></P>
<P>So that branch in the Kings Oath, To <HI>Corroborate &s;uch
Lawes as the People &s;hall chu&s;e,</HI> mu&s;t not be under&s;tood uni|ver&s;ally,
That the King is &s;worne to pa&s;&s;e all tho&s;e Lawes that
the People &s;hall chu&s;e, but re&s;trictively, that he &s;hall enact only
&s;uch Lawes as the People have cho&s;en, and none other; And it is
only a restraint and limitation of that ab&s;olutenes in Law-ma|king,
exerci&s;ed by the Kings of <HI>England</HI> formerly, from which
they receded by degrees: u&s;ing fir&s;t the advice of the Bi&s;hops and
Barons in making their Lawes, and afterward their Con&s;ents
al&s;o: then not their advice and con&s;ent only, but al&s;o the advice
and con&s;ent of the Commons al&s;o. And hitherto doth the clau&s;e
in the Oath relate, To the end that no Law, not agreeing with
the Intere&s;t of every of the three formall parts of the Kingdome
might pa&s;&s;e, to the maiming and enfeebling of the e&s;tabli&s;hed
frame of the Kingdome.</P>
<P>And the&s;e formes in <HI>Rich:</HI> 2. and <HI>Edw:</HI> 6. are cited by the
Lords and Commons in their Remon&s;trance. 2. <HI>Novem.</HI> 1642.</P>
<P>3. Concerning the Kings Councells. Be&s;ide his great Coun|cell,
the Lords and Commons in Parliament, The Law takes
notice of the Kings Power to Sweare unto him&s;elfe a body of
Councell of State,<NOTE PLACE="marg">The Kings &s;everal Coun|cells.</NOTE> (which our Lawes call &s;ometimes his Grand
Councell) and to &s;weare unto him all Councellors at Law; even
the Judges, and others learned in the Law, tho&s;e to advi&s;e him
in matters of State,<NOTE PLACE="marg">Cook <HI>upon</HI> Littleton. <HI>l.</HI> 2. c. 1. Sect. 164.</NOTE> the&s;e in matters of Ju&s;tice: And hence is
that Maxime in Law, <HI>The King can do no wrong;</HI> if any ill be
committed in matters of State, the Councell, if in matters of
Ju&s;tice, the Judges mu&s;t an&s;wer for it. And it will be very pre|po&s;terous
to make the two Hou&s;es of Parliament the Kings only
Councellors in the&s;e ca&s;es; if things &s;hall be managed by the ma|jor
part of the Hou&s;e of Commons, as now they are: for that
Hou&s;e hath not in it an hundred Knights of the Shires, and three
or foure hundred Citizens and Burge&s;&s;es, which may be all Me|chanicks,
and &s;o unfit Councellors in tho&s;e ca&s;es: And who with
the help of the Tumultuous People about <HI>London,</HI> may deale
with the King and Nobles, and Gentry as they plea&s;e.</P>
<P><PB N="5" REF="4">
And becau&s;e the two Hou&s;es are a numerous body, and the
King a &s;ingle Per&s;on, therefore to counterpoi&s;e them, doth the
Law expre&s;&s;e the King hath a Councell of State, and Coun|cellors
at Law, faithfully to advi&s;e him in his Government, that
be may neither doe, nor receive any wrong, especially in Parlia|ment,
where the wrong may be perpetuall.</P>
<P>How unju&s;t then, and unrea&s;onable is it at this time, to debarre
or remove tho&s;e Councellors from His Maje&s;ty, and to ex|pre&s;&s;e
no legall cau&s;e again&s;t them, to which the King hath ever
&s;ubmitted them?</P>
<P>4. Concerning the <HI>Tumults</HI> rai&s;ed and countenanced this
Parliament, whereof if any man doubt, let him con&s;ider,</P>
<P>1.<NOTE PLACE="marg">Tumults this pre&s;ent Parli|ament.</NOTE> That multitudes of People went to <HI>We&s;tmin&s;ter</HI> with Clubs
and Swords; crying, <HI>No Bi&s;hops, No Bi&s;hops.</HI></P>
<P>2. That they a&s;&s;aulted the <HI>Bi&s;hops,</HI> and would not &s;uffer them
to come to, and &s;it in the Hou&s;e of Lords.</P>
<P>3. That upon the Complaint of the <HI>Bi&s;hops,</HI> the Hou&s;e of Lords
twice moved the Hou&s;e of Commons to joyne with them in
an order again&s;t Tumults.</P>
<P>4. That the Lords having in vaine tryed that way (upon the
advice of the Judges) &s;ent a Writ to the Sheriffe and Ju&s;ti|ces
for &s;etting watch and ward, and hindring all Tumul|tuous
Re&s;ort to <HI>We&s;tmin&s;ter:</HI> And for it one of the Ju&s;tices
was &s;ent to the <HI>Tower</HI> by the Hou&s;e of Commons.</P>
<P>5. That they a&s;&s;aulted, and evill entreated &s;ome of the Mem|bers
of the Hou&s;e of Commons,<NOTE PLACE="marg">Strang&s;ways.</NOTE> as Sir <HI>Iohn Strang&s;wayes;</HI>
who al&s;o complained of them in the Hou&s;e.</P>
<P>6. That <HI>M^r Kyrton,</HI> a Member of the Hou&s;e of Commons, offe|red
proofe to the &s;ame Hou&s;e, that Captaine <HI>Venne</HI> &s;everall
times &s;ent, and &s;ollicited the People, to come downe out of the
City of <HI>London,</HI> with Swords and Pi&s;tolls, when he had told
them, or &s;ent them word by his Wife, that the wor&s;er Party
was like to have the better of the good Party.</P>
<P>7. That (<HI>Decemb:</HI> 31.) His Maje&s;ty &s;ent a Me&s;&s;age to the
Lord Major of <HI>London,</HI> for endeavouring to &s;uppre&s;&s;e the
like Tumults; and that at a Common-Councell held that
day, the Lord Major and Aldermen found, that there had
<PB N="6" REF="5">
been Tumultuons and Riotons A&s;&s;emblies &s;pread day and
night in the City, <HI>&amp;c.</HI></P>
<P>8. That <HI>Jan.</HI> 31. The poore People about <HI>London,</HI> preferred
a desperate Petition to the Hou&s;e of Commons, again&s;t &s;ome
of the Hou&s;e of Lords: whereof in its due place.</P>
<P>Now by the ancient Law and cu&s;tome of the Parliament,
a Proclamation ought to be made in <HI>We&s;tmin&s;ter,</HI> in the be|ginning
of the Parliament, <HI>That no man upon paine to loo&s;e all
that he hath, &s;hould during the Parliament in</HI> London, West|min&s;ter,
<HI>or the Suburbs,</HI> &amp;c. <HI>weare any Privy Coate of Plate,
or goe armed during the Parliament;</HI> and the rea&s;on hereof
was, that the high Court of Parliament, &s;hould not thereby be
di&s;turbed, nor the Members thereof (which are to attend the
arduous and urgent bu&s;ine&s;&s;e of the Church and Common|wealth)
&s;hould be withdrawne. <HI>Cook. 4. part. In&s;tit. l.</HI> 1. of the
high Court of Parliament.</P>
<P>5. Concerning the Cau&s;e of the Warre on the Parliament
&s;ide.<NOTE PLACE="marg">The Parlia|ment preten|ces, for taking up of Armes.</NOTE> Sometimes it is pretended, that the fir&s;t Army was rai&s;ed
to fetch in Refractory Delinquents, and to bring them to cou|digne
puni&s;hment: But who are tho&s;e Delinquents? Such as
apply them&s;elves to the King, and were ready to a&s;&s;i&s;t him in the
Recovery of his Rights taken from him;<NOTE PLACE="marg">1. The fetch|ing in Delin|quents.</NOTE> his Magazine at <HI>Hull,</HI>
the Power of the <HI>Militia,</HI> the dispo&s;ition of the Forts and Ca|&s;tles,
his Navy, <HI>&amp;c.</HI></P>
<P>As for other Delinquents, His Maje&s;ty left them to their
Justice at the beginning of the Parliament: And they proceed|ed
again&s;t whom they plea&s;ed. The Earle of <HI>Strafford,</HI> and the
Arch-bi&s;hop of <HI>Canterbury:</HI> but whether they or their Judges
proved Delinquents, mo&s;t men now know. And yet they &s;pared
whom they plea&s;ed in Relation to their De&s;igne, as the Lord
<HI>Privy Seale, &amp;c.</HI></P>
<P>Againe, as tho&s;e Delinquents were of their owne making,
&s;o the nece&s;&s;ity of rai&s;ing an Army to bring them in, was from
them&s;elves; for whereas that is done ordinarily by the <HI>Po&s;&s;e
Comitatus,</HI> they had di&s;&s;olved it by their Vote, 15. <HI>March.</HI>
1641. That the &s;everall Commi&s;&s;ions granted under the <HI>Great
Seale,</HI> to the Lievtenants of the &s;everall Counties, are illegall
<PB N="7" REF="5">
and voyd. Though &s;uch Commi&s;&s;ions had been in u&s;e during
the Reignes of, King <HI>Iames,</HI> and Queene <HI>Elizabeth</HI> of ble&s;&s;ed
Memory; and the ordering of the <HI>Militia</HI> had been ever in the
Crowne: And the Crown hath its Cu&s;tomes as well as the Sub|ject
his, and not to be violated by the Subject.</P>
<P>So then <HI>Armes</HI> were taken up, not in a judiciary way to force
Delinquents properly &s;o called, and to puni&s;h offenders again&s;t
Law; but in the way of State Policy to &s;ubdue the Kings friends,
and their oppo&s;ites; not to doe Ju&s;tice, but to promote their
de&s;ignes.</P>
<P>Againe,<NOTE PLACE="marg">2. The De|fence of our Religion and Liberty.</NOTE> &s;ometimes it is pretended, that the King indea|voured
to bring in <HI>Popery</HI> and <HI>Tyrannie;</HI> and that they were
forced to take up <HI>Armes,</HI> for the defence of our <HI>Religion</HI> and
<HI>Liberty.</HI></P>
<P>But our <HI>Liberties</HI> were all a&s;&s;erted by &s;everall Acts pa&s;&s;ed at
the beginning of the Parliament: And before <HI>Armes</HI> were ta|ken
up, His Maje&s;ty had promi&s;ed to enact what&s;oever they did
de&s;ire again&s;t Je&s;uits, Prei&s;ts, Papi&s;ts, and Popery, as appeares
by His Declaration. <HI>Iun.</HI> 2.</P>
<P>And to &s;ecure our <HI>Liberties</HI> and <HI>Religion,</HI> and the whole
Kingdome (before <HI>Armes</HI> were taken up) His Maje&s;ty had
Promi&s;ed that the <HI>Forts</HI> and <HI>Ca&s;tles</HI> &s;hould be alwayes in &s;uch
Hands, and only &s;uch, as they &s;hould have cau&s;e to confide in,
<HI>Ian.</HI> 27.</P>
<P>And he accepted of Sir <HI>Iohn Coniers,</HI> to be Lievtenant of
the <HI>Tower</HI> of <HI>London,</HI> in the place of Sir <HI>Iohn Byron, Feb.</HI> 11.
And he allowed their Recommendation of the Lievtenants for
the &s;everall Counties, <HI>Feb.</HI> 28.</P>
<P>And what need then of an <HI>Army,</HI> to defend and &s;ecure our
<HI>Liberties,</HI> and <HI>Religion,</HI> again&s;t <HI>Tyrannie</HI> and <HI>Popery?</HI></P>
<P>And the truth is, this pretended <HI>nece&s;&s;ary defence</HI> and &s;e|curity
of our <HI>Religion</HI> and <HI>Liberty,</HI> again&s;t <HI>Popery</HI> and <HI>Ty|rannie,</HI>
was only a Colour for the taking up of <HI>Armes,</HI> and a
&s;leight to gaine, or rather to entrap and en&s;nare the People, that
by the Power of the Kingdome, and the helpe of the People,
they might carry on, and compa&s;&s;e their de&s;igne again&s;t <HI>Monar|chy,</HI>
and again&s;t <HI>Epi&s;copacy</HI> and the <HI>Liturgy.</HI></P>
<P><PB N="8" REF="6">
And &s;o the pre&s;ent Quarrell is,<NOTE PLACE="marg">The true &s;tate of the pre&s;ent War.</NOTE> for a (not to be pretended
to by any Law,) <HI>Liberty</HI> again&s;t <HI>Monarchy,</HI> not again&s;t <HI>Tyran|nie;</HI>
and for a (not knowne or cho&s;en by them&s;elves,) <HI>Religion</HI>
again&s;t <HI>Epi&s;copacie</HI> and the <HI>Liturgie,</HI> and not again&s;t <HI>Pope|rie:</HI>
For therein the King oppo&s;eth them, and they have no
enemy otherwi&s;e.</P>
<P>And this Alteration of <HI>Government</HI> in <HI>Church</HI> and <HI>State,</HI>
was fir&s;t attempted in a Parliamentary way, then it was car|ried
on by <HI>Tumults,</HI> afterward they proceeded to apparent
<HI>Trea&s;on;</HI> and from <HI>Trea&s;on</HI> to <HI>Trea&s;on,</HI> untill at la&s;t they
came to the height of <HI>Rebellion:</HI> As the &s;ub&s;equent Di&s;cour&s;e
will &s;how the<GAP DESC="illegible" EXTENT="1 letter">.</P>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="laws against treason">
<PB N="9" REF="6">
<HEAD>SEVERALL TREASONS BY
the Lawes of the Land.</HEAD>
<P>_TO compa&s;&s;e the death of the King and Queene,
or to intend or imagine it.</P>
<P>To intend to deprive, depo&s;e, or di&s;inherit
the King, if it may appeare by word or other|wi&s;e.</P>
<P>To leavy Warre again&s;t the King in this Realme,<NOTE PLACE="marg">Trea&s;ons by the Lawes of the Land.</NOTE> or to
con&s;pire to leavy Warre again&s;t Him.</P>
<P>And this was high Trea&s;on by the Common-Law, for no
Subject can levy Warre in the Realme, without Authority
from the King, for to Him it only belongeth, <HI>Cook. 3. part.
In&s;tit. cap. de High Trea&s;on.</HI></P>
<P>Againe, if any levy Warre to expul&s;e Strangers, to deliver
men out of Pri&s;ons, to remove Councellors, or again&s;t any Sta|tute,
or to any other end pretending Reformation of their
own heads without warrant; this is levying of Warre again&s;t
the King, becau&s;e they take upon them Royall Authority,
which is again&s;t the King, <HI>Ibid.</HI></P>
<P>Al&s;o to detein or hold a Fortre&s;&s;e or Ca&s;tle again&s;t the King.
And to deteiue or withhold from Him, or again&s;t Him, any
his Ships or Ordinance, is to levy Warre again&s;t the King, in
the Con&s;truction of the Law.</P>
<P>To encounter in fight, and kill &s;uch as are a&s;&s;i&s;ting to the King
in his Warres, or &s;uch as come to help the King.</P>
<P><PB N="10" REF="7">
To Plot, or doe any thing toward the moving Sedition, ei|ther
in re&s;pect of the King, or his Army; or to give advice,
or to procure or lend ayd thereunto.</P>
<P>To &s;uccour the Kings Enemies.</P>
<P>To be adhering to the Kings Enemies, ayding them, or gi|ving
them comfort in this Realme, or el&s;ewhere.</P>
<P>Be&s;ides other <HI>Trea&s;ons</HI> mentioned in M^r^. <HI>Saint-Johns</HI> Argu|ment,
upon the Earle of <HI>Strafford;</HI> as,</P>
<P>1. To endeavour to corrupt the peoples judgement,<NOTE PLACE="marg">Other Trea|&s;ons in M^r <HI>Saint-Iohns.</HI> Argument.</NOTE> and to
take off the bonds of Con&s;cience, the greate&s;t &s;ecurity of the
Kings life; as in <HI>Owen's</HI> ca&s;e, who &s;aid, <HI>that King James being
excommunicated by the Pope might be killed of any man, and
that &s;uch killing was not murther, but only the Execution of the
Popes &s;upream &s;entence:</HI> God forbid I &s;aid one of better judge|ment
then <HI>Owen, that I &s;hould &s;tretch forth mine hand again&s;t
Gods Annointed:</HI> No &s;aith <HI>Owen, the Lord doth not forbid it,</HI>
you may for the&s;e rea&s;ons kill the King.</P>
<P>2. To endeavour to draw the Peoples hearts from the
King, to &s;et di&s;cord between Him and them; whereby the
people &s;hould leave Him and ri&s;e up again&s;t Him, to the death
and de&s;truction of the King, as in <HI>Sparhawks</HI> ca&s;e.</P>
<P>Al&s;o at the Arraignment of the Earle of <HI>E&s;&s;ex,</HI> the Iudges
delivered ther opinions for matter of Law upon two points;</P>
<P>1. That in ca&s;e where a Subject attempteth to put him|&s;elfe
into &s;uch &s;trength as the King &s;hall not be able to re&s;i&s;t
him,<NOTE PLACE="marg">Rebellion&punc;</NOTE> and to force and compell the King to governe otherwi&s;e
then according to his owne Royall Authority and direction,
it is manife&s;t <HI>Rebellion.</HI></P>
<P>2. That in every <HI>Rebellion,</HI> the Law intendeth as a Con|&s;equent
the compa&s;&s;ing the death and deprivation of the King;
as fore&s;eeing that the Rebel will never &s;uffer that King to
live or Raigne, which might puni&s;h or take revenge of their
<HI>Rebellion</HI> and <HI>Trea&s;on.</HI></P>
<P>And at the Arraignment of Sir <HI>Chri&s;topher Blunt.</HI></P>
<P>That the Subject that Rebelleth or ri&s;eth in forcible man|ner,
to overrule the Royall will and power of the King,
intendeth to deprive the King both of <HI>Crowne</HI> and <HI>Life;</HI> And
<PB N="11" REF="7">
that the Law judgeth not of the Fact by the intent, but of the
intent by the Fact.</P>
<P>How then, is not this <HI>Rebellion</HI> in tho&s;e who are now ri&s;en
in forcible manner to overrule the Royall will and power of
the King; and have put them&s;elves into &s;uch &s;trength, as the
King &s;hall not be able to re&s;i&s;t them, thereby to force and
compell the King (in &s;ome particulars) to governe otherwi&s;e
then according to his owne Royall Authority and direction,
and to take from Him the power of governing in &s;ome ca&s;es;
as of the <HI>Church,</HI> and of the <HI>Militia</HI> of the <HI>Kingdome?</HI></P>
<P>And in pro&s;ecuting this <HI>Rebellion,</HI> how have they incurred
&s;everall <HI>Trea&s;ons?</HI></P>
<P>1. By endeavouring to corrupt the judgement of the Peo|ple,<NOTE PLACE="marg">The pre&s;ent Rebellion and Trea&s;on.</NOTE>
and to take off the bonds of <HI>Con&s;cience,</HI> the greate&s;t &s;ecu|rity
of His Maje&s;ty, and to draw the Peoples hearts from the
King, and to &s;et di&s;cord between him and them, whereby
they &s;hould leave the King, and ri&s;e up again&s;t him.</P>
<P>2. By levying <HI>Warre</HI> again&s;t the King in his <HI>Realme.</HI></P>
<P>3. By deteining his <HI>Forts</HI> and <HI>Ca&s;tles</HI> from him; and his
<HI>Ships</HI> and his <HI>Ordinance.</HI></P>
<P>4. By encountring in <HI>Fight,</HI> and killing them that a&s;&s;i&s;t
him, and by adhering to the Kings Enemies, and giving them
ayd and comfort.</P>
<P>5. By compa&s;&s;ing the death and deprivation of the King:
Rebels never &s;uffering that King to Live or Raigne, which
might puni&s;h or take revenge of their <HI>Trea&s;on.</HI></P>
<P>Now the method ob&s;erved in this <HI>Rebellion,</HI><NOTE PLACE="marg">The Method u&s;ed in this pre&s;ent Re|bellion.</NOTE> was this.</P>
<P>The Government of the <HI>Church</HI> being in the King by Law;
and he governing it by Arch-Bi&s;hops, Bi&s;hops, <HI>&amp;c.</HI></P>
<P>A <HI>Bill</HI> was brought into the Hou&s;e of Commons for the
Extirpation of them,<NOTE PLACE="marg">A Bill again&s;t Bi&s;hops.</NOTE> but it pa&s;&s;ed not.</P>
<P>Al&s;o the Government of the <HI>Militia</HI> of the Kingdome be|ing
by Law in the King, for the effectuall protecting of the
Law and his people,<NOTE PLACE="marg">Sir Arthur Ha&s;lerigges <HI>Bill concern|ing the</HI> Mili|tia.</NOTE> Sir <HI>Arthur Ha&s;terigges,</HI> brought a <HI>Bill</HI> into
the Hou&s;e of Commons, for taking away the <HI>Militia</HI> from
His Maje&s;ty, and placing it in the hands of Subjects: And this
<HI>Bill</HI> was rejected with indignation.</P>
<P><PB N="12" REF="8">
When they could not compa&s;&s;e their de&s;igne by <HI>Vote</HI> in
Parliament, they attempt and pro&s;ecute it otherwi&s;e.</P>
<P>And whil'&s;t His Maje&s;ty was in <HI>Scotland&punc;</HI> they &s;end forth
<HI>Lecturers,</HI><NOTE PLACE="marg">Traiterous Lecturers and Pamphleters.</NOTE> and give licence to <HI>Pamphleters,</HI> by their preach|ing
and writing to corrupt the judgement of the people, and
to take off the bonds of <HI>Con&s;cience</HI> towards His Maje&s;ty; and
to draw the Peoples hearts from the King, and to &s;et di&s;cord
between him and them, whereby they &s;hould leave him, and
ri&s;e up again&s;t him: And this is the &s;cope of the <HI>Remon&s;trance</HI>
publi&s;hed, <HI>Decemb:</HI> 15. 1641.</P>
<P>The Peoples judgement thus corrupted, and their hearts
not only alienated from, but al&s;o &s;et again&s;t the King, they run
head long into <HI>Rebellion;</HI> and fir&s;t tho&s;e about <HI>London</HI> con&s;pire,
and goe in multitudes to <HI>We&s;tminster</HI> with Swords and Clubs;
and with Clamours they revive and pre&s;&s;e the matter of the
<HI>Bill</HI> again&s;t Bi&s;hops,<NOTE PLACE="marg">Tumults re|vive the Bill again&s;t Bi|&s;hops.</NOTE> formerly rejected; And they menace,
affront, a&s;&s;ault, and cha&s;e the Bi&s;hops, then actuall <HI>Members</HI> of
Parliament: &s;o that they could not <HI>&s;it</HI> and <HI>Vote</HI> in the Hou&s;e
of <HI>Peers;</HI> and they proclaimed the names of others of the <HI>Peers,</HI>
as evill and rotten-hearted Lords; And they a&s;&s;ault and evill
entreat tho&s;e of the Hou&s;e of Commons, who they &s;uppo&s;ed
favoured the Bi&s;hops, and had Voted again&s;t their <HI>Bills,</HI> and
again&s;t their de&s;igne, as Sir <HI>John Strang&s;wayes, &amp;c.</HI> And as
they pa&s;&s;e and repa&s;&s;e through the &s;treets,<NOTE PLACE="marg">Articles of high Trea&s;on again&s;t the L. <HI>Kimbolton,</HI> and the <HI>five Members.</HI></NOTE> they utter &s;editious
and traiterous words again&s;t the King and His Government.
Hereupon His Maje&s;ty exhibited Articles of <HI>High Trea&s;on</HI>
again&s;t the Lord <HI>Kimbolton,</HI> and the <HI>five Members,</HI> the <HI>Ring|leaders</HI>
in this <HI>Rebellion.</HI></P>
<P>For endeavouring to &s;ubvert the Fundamentall Lawes and
Government of the Kingdome, and to deprive the King of
his <HI>Legall Power,</HI> and to place on Subject an <HI>Arbitrary</HI> and
<HI>Tyrannicall Power.</HI></P>
<P>For endeavouring by many foule A&s;per&s;ions upon his Ma|je&s;ty
and his Government, to alienate the affection of his
People and to make his Maje&s;ty odious to them.</P>
<P>For endeavouring to &s;ubvert the very Rights and being of
Parliaments, and as farre as in them lay, by force and terrour
<PB N="13" REF="8">
to compell the Parliament to joyne with them in their de|&s;igne.</P>
<P>But the accu&s;ed Members &s;helter them&s;elves under the
Priviledge of Parliament;<NOTE PLACE="marg">No priviledge of Parliament in ca&s;e of Trea&s;on.</NOTE> (though it be a maxime in Law
that in ca&s;e of Trea&s;on Priviledge of Parliament doth not ex|tend,
is of no &s;ignification) and by the power and protection
of the City of <HI>London,</HI> and the Counties adjacent.</P>
<P>And now they begin to put them&s;elves actually into the
&s;trength of the Kingdom;<NOTE PLACE="marg">They put them&s;elves into the &s;trength of the Kingdom&punc;</NOTE> and they di&s;po&s;e &amp; order the <HI>Mili|tia</HI>
of the City of <HI>London,</HI> under the Command of Major. Ge|nerall
<HI>skippon,</HI> and &s;eize on his Maje&s;ties Magazine at <HI>Hull,</HI> and
commit the cu&s;todie of it to Sir <HI>John Hotham.</HI> And the Hou&s;e
of Commons Petition His Maje&s;ty, that the <HI>Militia</HI> of the
whole Kingdome may be in &s;uch hands as they &s;hould confide
in; and when the major part of the Lords would not concurre
with them, the poore people in and about <HI>London,</HI> come in a
tumultuous manner to <HI>We&s;tminster,</HI><NOTE PLACE="marg">Tumults re|vive; Sir <HI>Ar|thur Ha&s;le|rigges</HI> Bill, concerning the <HI>Militia.</HI></NOTE> and they revive &amp; pre&s;&s;e
the matter of Sir <HI>Arthur Ha&s;terigges</HI> Bill for the <HI>Militia</HI> for|merly
reiected, and Petition the Hou&s;e of Commons again&s;t
tho&s;e Lords, as Malignants, and di&s;turbers of the peace, and
de&s;ire to have their names declared, and threaten to remove
them, (<HI>Jan.</HI> 31.) So they withdrew, and the <HI>Militia</HI> was
carried by the remaining party of the Lords.</P>
<P>In <HI>Feb,</HI><NOTE PLACE="marg">The Ordi|nance for the <HI>Militia.</HI></NOTE> and <HI>March,</HI> they &s;ettle the <HI>Militia</HI> of the whole
Kingdome by an <HI>Ordinance,</HI> excluding His Maie&s;ty from any
power in the di&s;po&s;ition, or execution of it.</P>
<P>In <HI>Aprill,</HI><NOTE PLACE="marg"><HI>The</HI> Navy-Royall.</NOTE> they po&s;&s;e&s;&s;e them&s;elves of the <HI>Navy-Royall.</HI>
And having put them&s;elves into the &s;trength of the Kingdom,<NOTE PLACE="marg">They declare again&s;t the Kings Nega|tive Vote, and &s;o again&s;t his Legi&s;lative Power.</NOTE>
they &s;eek to overrule the Royall will and power of the King,
by declaring again&s;t his Negative Vote in Parliament <HI>May,</HI>
26.</P>
<P>And to compell the King to governe otherwi&s;e then ac|cording
to his Royall Authority, and directions; as appeares
by the 19 <HI>Propo&s;itions</HI> tendred to His Maie&s;ty, <HI>Jun.</HI> 2.</P>
<P>And upon His Maie&s;ties Refu&s;all of tho&s;e <HI>Propo&s;itions,</HI><NOTE PLACE="marg">The 19 Pro|po&s;itions&punc; a|gain&s;t His Gubern<GAP DESC="illegible" REASON="missing" EXTENT="1 letter">tive power.</NOTE>
according to the Latitude of their de&s;ires, they rai&s;e an Ar|my,
<HI>Iun.</HI> 10.</P>
<P><PB N="14" REF="9">
Though His Maje&s;ty by his <HI>Declaration,</HI> in an&s;wer to tho&s;e
<HI>Propo&s;itions</HI> which concern <HI>Religion,</HI> revives and renews His
promi&s;es made formerly,<NOTE PLACE="marg">His Maje&s;ties An&s;wer to the Propo&s;itious.</NOTE> (<HI>viz. Decemb.</HI> 1. &amp; 15.) to remove
all illegall <HI>Innovations,</HI> and to call a <HI>Nationall Synod,</HI> and to a|boli&s;h
<HI>Offen&s;ive Ceremonies:</HI> profe&s;&s;ing him&s;elfe al&s;o willing
to a Reformation of the <HI>Government</HI> and <HI>Liturgy</HI> of the
Church, according to His Me&s;&s;age &s;ent to both Hou&s;es, <HI>Feb.</HI>
14.</P>
<P>And though in An&s;wer to the Propo&s;itions which concern
the choyce of Privy-Councellors, and other great Officers of
<HI>State &amp;c.</HI> His Maje&s;ty promi&s;ed that He would be carefull
to make election of &s;uch Per&s;ons in tho&s;e places of <HI>Tru&s;t,</HI> as
have given good te&s;timony of their Ability and Integrity, and
again&s;t whom there can be no ju&s;t cau&s;e of exception: And
that if He &s;hould be mi&s;taken in His election, and they &s;hould
offend in their &s;everall places, He would leave them to the
Iu&s;tice of the Law; to be executed every Trienniall Parlia|ment
at the lea&s;t: &s;hewing moreover, that if the two Hou&s;es
of Parliament &s;hould have the power of electing them; great
Factions, animo&s;ities and divi&s;ions would follow thereupon,
both in the Hou&s;es them&s;elves, and between the two Hou|&s;es,
and in the Severall Counties al&s;o.</P>
<P>La&s;tly, touching the other Propo&s;itions, though His Maje|&s;ty
had fully declared and &s;hewed, that they tended to the de|priving
Him of the Power of Protecting His People and the
<HI>Lawes,</HI> which He is &s;worne to maintain; And to the very de|po&s;ing
of Him and of His Po&s;terity; and to the utter over|throw
of that Ancient, happy, equall, and well-poy&s;ed con|&s;titution
of the Government of this Kingdome, and to the o|verthrow
and ruine of the Kingdome it &s;elfe, by de&s;troying
<HI>Monarchy,</HI> and therewith Vnity; by introducing <HI>Aristo|cracy,</HI>
and Divi&s;ion with it, and <HI>Democracy,</HI> and with it Tu|mults,
Violence, and Licentiou&s;ne&s;&s;e.</P>
<P>Though the King, I &s;ay, in His An&s;wer to their <HI>Propo&s;iti|ons</HI>
had declared, promi&s;ed, and &s;hewed this, yet they took up
Armes,<NOTE PLACE="marg">They rai&s;e an Army.</NOTE> without Authority and Commi&s;&s;ion from His Maje|&s;ty,
and &s;o they levy warre again&s;t our Soveraign Lord the
<PB N="15" REF="9">
King, His Crowne and Dignity. And they encounter in fight,
and kill &s;uch as a&s;&s;i&s;t the King, and they gave Battell to the
King him&s;elfe in Per&s;on at <HI>Edge-hill.</HI></P>
<P>They in&s;i&s;t al&s;o upon the &s;ame Propo&s;itions at <HI>Oxford,</HI><NOTE PLACE="marg">The &s;ame Propo&s;itions in&s;i&s;ted on, at the Treaty at <HI>Oxford.</HI></NOTE>
1643. And upon the King's refu&s;all of them, they pro&s;ecute
Warre, as before.</P>
<P>La&s;tly, the Parliament of both Kingdomes offer the &s;ame
<HI>Propo&s;itions</HI> to be Treated on at <HI>&V;xbridge,</HI><NOTE PLACE="marg">And at <HI>Vx|bridge.</HI></NOTE> 1644. wherein
al&s;o, they farther de&s;ire the concurrence and con&s;ent of the
Parliament of <HI>Scotland,</HI> in our <HI>Reformation of Religion;</HI> in the
&s;etling and managing of the <HI>Militia</HI> of the Kingdome, and in
concluding of Peace and Warre with Forreigne Princes.</P>
<P>Be&s;ides, they require the Ce&s;&s;ation in <HI>Ireland</HI> to be made
voyd, and that the two Parliaments may order the Warre
there, and the <HI>Militia;</HI> and con&s;erve the Peace of the King|dome
of <HI>Ireland.</HI></P>
<P>True it is,<NOTE PLACE="marg">How the King is re|&s;trained al|ready: And how they would farther re&s;traine him.</NOTE> that in &s;ome points of Regality and Soveraignty,
the King of <HI>England</HI> is already re&s;trained and limited, &s;o that
He cannot rule and governe ab&s;olutely as He will, as in ma|king
of Lawes (which He cannot doe, but with the Con&s;ent
of the Lords and Commons a&s;&s;embled in Parliament,) and in
declaring of Lawes, (which He cannot doe, but by the pro|per
Iudges in His &s;everall Courts) but in all other things that
are not expre&s;&s;ely re&s;trained by Law, He is free and ab&s;olute,
and the Soveraignty both of Iudgement and Power, is in the
Per&s;on of the King alone: As in providing for the pre&s;ent &s;afe|ty
again&s;t &s;uddaine danger, and in levying of <HI>Armes,</HI> &s;uppre&s;|&s;ing
of <HI>Tumults,</HI> and <HI>Rebellion;</HI> convoking of Parliaments, and
di&s;&s;olving them, making of <HI>Peers,</HI> granting <HI>Liberty</HI> of &s;ending
<HI>Burge&s;&s;es</HI> to Parliaments, treating with <HI>Forreigne States,</HI>
making of <HI>Warre, League,</HI> and <HI>Peace,</HI> giving of <HI>Honour, Re|warding,
Pardoning,</HI> &amp;c. And in the&s;e, and the like particulars,
it is&punc; that they would farther limit and re&s;traine the King, that
He &s;hould not governe as He hath done formerly, according
to his owne judgement and will, informed and Regulated by
the Advice of his Councell of <HI>State,</HI> and Councellors at <HI>Law,</HI>
but according to the judgement, and with the Con&s;ent of
<PB N="16" REF="10">
both Hou&s;es of Parliament in &s;ome Ca&s;es, according to the
judgement, and with the Con&s;ent of the Parliaments of both
Kingdomes, and in &s;ome other Ca&s;es they would a&s;&s;ume the
Government wholly to them&s;elves: and they take up <HI>Armes,</HI>
and fight to force the Kings Vote and a&s;&s;ent to &s;everall <HI>Bills</HI>
concerning the&s;e particulars, and &s;o at once wholly to over|throw
the Kings Soveraignty, <HI>Legi&s;lative</HI> and <HI>Gubernative.</HI></P>
<P>But though others may not,<NOTE PLACE="marg">Ob.</NOTE> yet the Lords and Commons
a&s;&s;embled in Parliament, may ri&s;e in a forcible manner, and
compell the King to governe as they plea&s;e, in &s;ome ca&s;es;
and deprive him of his Government in other ca&s;es as they
plea&s;e. And others, in obedience to their Authority and
Command, may a&s;&s;i&s;t in this Warre again&s;t His Maje&s;ty, with|out
<HI>Rebellion</HI> and <HI>Trea&s;on.</HI></P>
<P>This is a fal&s;e and Trea&s;onable &s;ugge&s;tion,<NOTE PLACE="marg">An&s;.</NOTE> as <HI>Owen's</HI> was,
to corrupt the judgement of the People, and to take off the
bonds of <HI>Con&s;cience</HI> towards His Maje&s;ty, by advancing the
Hou&s;es of Parliament above the King.</P>
<P>And the fal&s;ene&s;&s;e and Trea&s;onablene&s;&s;e thereof will plain|ly
appeare, upon the due Con&s;ideration of the Kings Superi|ority
to the two Hou&s;es of Parliament, and of the Relation
between His Maje&s;ty and the Lords and Commons a&s;&s;embled
in Parliament, and between them and us out of Parliament.</P>
<P>1. Touching the point of Superiority between the King
and the Parliament,<NOTE PLACE="marg">The King &s;u|periour to the two Hou&s;es of Parlia|ment.</NOTE> the two Hou&s;es them&s;elves have long
&s;ince determined it. The Parliament 25. <HI>H.</HI> 8. declares thus;
<HI>This your Grace's Realme recognizing no Superiour under God
but your Grace.</HI> The Parliament 16. <HI>R.</HI> 2. 5. affirmes the
Crowne of <HI>England</HI> to have been &s;o free at all times, that it
hath been in no earthly Subjection, but immediatly to God in
all things touching the Regality of the &s;aid Crowne, and to
none other. <HI>Ergo.</HI> The two Hou&s;es of Parliament cannot of
Right have or exerci&s;e any authority over the Crowne, or the
Realme, over the King or the Subject of <HI>England.</HI></P>
<P>And though &s;ome Parliaments called in trouble&s;ome times
of Faction, as now, and over&s;wayed by tho&s;e that were the
head of the mo&s;t potent Faction, as at this time, have <HI>de facto</HI>
<PB N="17" REF="10">
depo&s;ed and murthered &s;ome Kings, yet &s;uch in&s;tances prove
no more claime of Soveraignty in the Parliament, over the
King, then a <HI>Robber,</HI> when he exerci&s;eth an Arbitrary power
over a mans per&s;on and pur&s;e; And the Ob&s;ervator him&s;elfe
confe&s;&s;eth ingeniou&s;ly, that <HI>there was never King depo&s;ed in a
free Parliament: And that the Acts of the Parliament</HI> R. 2.
<HI>were not &s;o properly the Acts of the two Hou&s;es, as of</HI> H. <GAP DESC="illegible" EXTENT="1 letter">. <HI>and
his Victorious Army.</HI></P>
<P>Nor is it <HI>Trea&s;on</HI> only, but <HI>impiety</HI> al&s;o to advance the Par|liament
(the Repre&s;entative of the people) above the King,
(the Repre&s;entative of God:) And it is to &s;et up Kings and
not by God. (<HI>Ho&s;.</HI> 8. 4.) Yea and again&s;t him too.</P>
<P>2. Touching the Relation between the King and the
Lords and Commons a&s;&s;embled in Parliament,<NOTE PLACE="marg">The Lords &amp; Commons in Parliament &s;ubjected to the King.</NOTE> we mu&s;t know
this: That the high Court of Parliament con&s;i&s;ts of three in|tegrall
parts; the King, the Hou&s;e of Lords, and the Hou&s;e of
Commons. The King is the <HI>Head,</HI> and the two Hou&s;es are
the gro&s;&s;e <HI>Body</HI> &s;ubordinate to the King; and to be con&s;idered
alwayes as a part of the Parliament, and in a notion under the
King, as well in Parliament, as out of Parliament: and they are
&s;ubjected to the King in Parliament.</P>
<P>1. In their per&s;ons;<NOTE PLACE="marg">In their Per|&s;ons.</NOTE> for the King calls them together and
di&s;&s;olves them. And as they have occa&s;ion to petition the
King in Parliament they confe&s;&s;e them&s;elves his Subjects:
and directing their Petitions to His Maje&s;ty, thereby they
acknowledge his Soveraignty; Maje&s;ty being a <HI>Ray</HI> of Sove|raignty.
Yea the very <HI>Legi&s;lative Acts</HI> wherein con&s;i&s;ts their
Parliamentary Eminency &s;peake them alwayes his Subjects,
and &s;tile him their Soveraigne: And according to the Infor|mation
of the Iudges in the time of <HI>H.</HI> 8. The King in Parlia|ment
&s;tandeth in his highe&s;t E&s;tate Royall, in re&s;pect of the
exerci&s;e of his Soveraigne Authority and power in making
Lawes, which he cannot doe but in Parliament. Be&s;ides, in
token of his Soveraignty and their &s;ubjection the King per&s;o|nally
taketh <HI>Homage</HI> and Oath of <HI>Fidelity</HI> of the Lords, and
he Commands the Commons before they <HI>Sit</HI> and <HI>Vote</HI> in the
Hou&s;e to take the Oath of <HI>Supremacy</HI> and <HI>Allegiance,</HI> where|by
<PB N="18" REF="11">
they acknowledge him to be the only <HI>Supream Governour</HI>
in this <HI>Realme,</HI> and &s;weare to a&s;&s;i&s;t and defend all <HI>Juri&s;dictions,
Priviledges, Preheminences,</HI> and <HI>Authorities,</HI> belonging to
him, his Heires and Succe&s;&s;ors, or annexed to the Imperiall
Crowne of the Realme. And farther the Lords and Com|mons
in this pre&s;ent Parliament have bound them&s;elves by
their Prote&s;tation, to maintaine and defend with their Lives,
power and E&s;tates, His Maje&s;ties Royall Per&s;on, Honour, and
E&s;tate. So the Lords and Commons a&s;&s;embled in Parliament,
are in the condition of Subjects to His Maje&s;ty, and they have
&s;worne <HI>Fidelity</HI> and <HI>Allegiance</HI> to him; and therefore they
cannot ri&s;e up again&s;t the King, and compell him, as afore&s;aid,
without manife&s;t <HI>Rebellion,</HI> and <HI>Perjury</HI> al&s;o.</P>
<P>2. In their <HI>Votes,</HI><NOTE PLACE="marg">In their Votes.</NOTE> in pa&s;&s;ing <HI>Bills,</HI> and making <HI>Lawes;</HI>
wherein though they concurre with the King nece&s;&s;arily, yet
'tis not by equall Authority but by con&s;ent only; not as joynt
Soveraignes, but as free Subjects; not as enacting with the
King, but as choo&s;ing, and preparing and propo&s;ing Lawes to
be enacted by the King; according to the pa&s;&s;age in the Oath,
<HI>That the King &s;hall Corroborate &s;uch Lawes as the People &s;hall
chu&s;e:</HI> And without this Corroboration, by the Royall a&s;&s;ent,
which gives life and motion to our Lawes, the Votes of the
two Hou&s;es of Parliament dye in the wombe where they
were Conceived, like an <HI>Embrio,</HI> and never &s;ee the light.</P>
<P>3. Touching the Relation between the Lords and Com|mons
a&s;&s;embled in Parliament,<NOTE PLACE="marg">They are our fellow Sub|jects.</NOTE> and our &s;elves out of Parlia|ment,
we take them to be no other than our fellow Subjects,
and them with us, and us with them, to be equally &s;ubjected
to our Soveraigne Lord the King, who is Head both of the
Kingdome and of the Parliament, and to none other. Nor are
they inve&s;ted with any Superiority over us, but are armed
with &s;ome priviledges again&s;t us, that we cannot arre&s;t them
or their &s;ervants during the Parliament: And in ca&s;e of <HI>Re|bellion</HI>
and <HI>Trea&s;on,</HI> they are no more priviledged, then we
out of Parliament.</P>
<P>So then the Lords and Commons'a&s;&s;embled in Parliament
are wholly &s;ubjected to the King, their <HI>Per&s;ons</HI> to his <HI>Per&s;on,</HI>
<PB N="19" REF="11">
and their <HI>Votes</HI> to his <HI>Vote;</HI> nor are we in any &s;ubjection to
them or their <HI>Votes;</HI> nor have they <HI>Juri&s;diction</HI> over us, nor
are we bound to the ob&s;ervance of them in any ca&s;e what&s;oe|ver;
and our &s;ubmi&s;&s;ion to them at any time, is an Act of Com|pliance
only, and arbitrary, and not of obedience and duty.</P>
<P>And their <HI>Votes</HI> and <HI>Ordinances,</HI><NOTE PLACE="marg">Their Votes in this Ca&s;e.</NOTE> in this ca&s;e at this time, are
not legall <HI>Obligations upon,</HI> but <HI>Traiterous Propo&s;itions to,</HI> and
publick Invitations of the people to joyne with them, and
a&s;&s;i&s;t them in their <HI>Rebellion</HI> and <HI>Trea&s;on.</HI> And their partakers
doe not &s;o properly obey them, (having no Authority of Com|mand)
as con&s;pire with them.</P>
<P>Thus the Lords and Commons of <HI>England,</HI><NOTE PLACE="marg">All one, whe|ther a Rebel|lion be by the Subject in Parliament, or out of Par|liament.</NOTE> being alwaies
&s;ubjected to the King by the con&s;titution of the Kingdome,
and of the Parliament, it is all one whether a <HI>Rebellion</HI> be
hatched, and Acted by them in, or out of Parliament; and if
there be any aggravation, 'tis when perpetrated in Parlia|ment,
for &s;uch <HI>Rebellion</HI> leaves a Brand upon that Parliament,
and is a di&s;honour to all Parliaments, it involves in the &s;inne
the whole Kingdome for the pre&s;ent, and is an ill pre&s;ident
for time to come: and how &s;hall we be ever hereafter liable
to change, and upon change to inte&s;tine divi&s;ions, and to civill
Warre, it may be, if (as this doth) &s;o other Parliaments &s;hall,
challenge to them&s;elves ab&s;olute power to alter the e&s;tabli|&s;hed
Government of the <HI>Church</HI> and <HI>State;</HI> and if oppo&s;ed, to
take up Armes for effecting it, as at this day.</P>
<P>But though the name of both Hou&s;es of Parliament, be u|&s;ed
to Authorize and countenance this Rebellion, yet the
Lords and Commons generally doe not concurre in this Acti|on:
But a great part of the Hou&s;e of Commons, and a great
part of the Hou&s;e of Lords, driven from <HI>We&s;tmin&s;ter</HI> by the vi|olence
of Tumults, and upon the Horror of their proceedings
there, doe oppo&s;e it, both by their Declarations and by force
of Armes.</P>
<P>And the Lords and Commons now remaining at <HI>We&s;t|min&s;ter,</HI><NOTE PLACE="marg">A Party of the Lords &amp; Commons, only engaged in this Rebel|lion.</NOTE>
are &s;uch as are either profe&s;&s;ed Enemies to the E&s;ta|bli&s;hed
Government of the <HI>Church</HI> and <HI>State,</HI> or malitious
again&s;t His Maje&s;ty, and Ambitious of His Royalties, or cove|tous
<PB N="20" REF="12">
of the Revenues of the <HI>Bi&s;hops,</HI> and <HI>Deanes,</HI> and <HI>Chap|ters;</HI>
or la&s;tly, &s;uch as live in the Counties neare <HI>London,</HI> and
within their A&s;&s;ociations, and comply with them for their
private intere&s;ts. And all that tho&s;e Lords and Commons can
truly challenge to them&s;elves, is, that they are the Ring-lea|ders
in this <HI>Rebellion</HI> and <HI>Trea&s;on,</HI> and that they have made o|ther
their Fellow Subjects, their fellow <HI>Rebells,</HI> and Fellow
<HI>Traitors.</HI></P>
<P>And let &s;uch as take part with tho&s;e Lords and Commons,<NOTE PLACE="marg">Upon what Motives o|thers have en|gaged them|&s;elves.</NOTE>
reflect upon them&s;elves, and &s;earch their hearts, and examine
their Con&s;ciences, whether the like Seditious di&s;po&s;itions,
and perver&s;e affections, and ambitious and covetous de&s;ires,
and private re&s;pects, did not at fir&s;t engage them in this
Warre, and whether in their Hou&s;es they have not prevented
tho&s;e Lords and Commons, rather then ob&s;erved and follow|ed
their commands, all along throughout the whole progre&s;&s;e
of their <HI>Rebellion</HI> and <HI>Trea&s;ons;</HI> and &s;o whether their compli|ance
be not a Traiterous <HI>Conspiracy</HI> with the Lords and Com|mons
at <HI>We&s;tmin&s;ter,</HI> rather then an act of &s;incere and faithfull
Obedience to the Authority of both Hou&s;es of Parliament.</P>
<P>It is ob&s;erved by antient Parliament-men out of Record,<NOTE PLACE="marg">Parliaments have not &s;uc|ceeded well in five Ca&s;es.</NOTE>
that Parliaments have not &s;ucceeded well in five ca&s;es.</P>
<P>1. When the King hath been in di&s;plea&s;ure with the
Lords and Commons. So e&s;&s;entiall is the King's good will to|ward
his Commons, that it was one of the Petitions of the
Commons to <HI>Ed.</HI> 3. That the Arch-bi&s;hops, and all others of
the <HI>Clergy</HI> &s;hould pray for it; and many times are the like-Pe|titions
for the Lords.</P>
<P>Alwaies provided,<NOTE PLACE="marg">Note.</NOTE> that both Lords and Commons keep
them&s;elves within the Circle of the Law, and Cu&s;tome of the
Parliament.</P>
<P>2. When any of the Great Lords were at variance within
them&s;elves.</P>
<P>3. When there was no good corre&s;pondence between
the Lords and Commons.</P>
<P>4. When there was no unity between the Commons
them&s;elves.</P>
<P><PB N="21" REF="12">
5. When there was no preparation for the Parliament
before it began.</P>
<P>And there is at this time,<NOTE PLACE="marg">The &s;ixth Ca&s;e.</NOTE> a 6^t^h unprecedented, and unpa|rallell'd
ca&s;e; making the pre&s;ent Parliament, not only &s;ucce&s;|le&s;&s;e,
but al&s;o pernitious; even the di&s;loyalty, and <HI>Rebellion,</HI>
and <HI>Trea&s;on</HI> of a party of Lords and Commons of Parliament,
who being a&s;&s;i&s;ted by the <HI>Anti-Epi&s;copall, Anti-Monarchi|call</HI>
Faction about <HI>London,</HI> and throughout the whole King|dom,
fir&s;t violate the Liberty of Parliament, by Tumults dri|ving
away diver&s;e of the Members thereof; then they make
them&s;elves Ma&s;ters of the <HI>Militia,</HI> and afterwards they rai&s;e
an Army, as was pretended,<NOTE PLACE="marg">The begin|ning and pro|gre&s;&s;e of this Rebellion.</NOTE> for the defence of the <HI>Prote&s;tant
Religion,</HI> the Kings Authority, and His Per&s;on in His Royall
dignity, and to maintain the free cour&s;e of Iu&s;tice, the Lawes
of the Land, the Peace of the Kingdome, and the Priviledge
of Parliament.</P>
<P>And being in a Military po&s;ture,<NOTE PLACE="marg">Their Pro|ceedings in Church and State.</NOTE> and having the power of
the Sword, they Declare them&s;elves to be the Parliament of
<HI>England,</HI> and a&s;&s;ume unto them&s;elves a new Capacity of an
ab&s;olute <HI>Body,</HI> and independent <HI>State,</HI> and they take upon
them Authority <HI>Legi&s;lative</HI> and <HI>Gubernative;</HI> and they pa&s;&s;e
Votes, not in Order to the King, to be propo&s;ed to him, and
to be enacted by him, but by them&s;elves, and they publi&s;h
them not as Lawes in His name, but as <HI>Ordinances</HI> in their
own names, and to be put in execution, not in a judiciary way
(as our Lawes are) by the Ordinary Mini&s;ters of Iu&s;tice, the
Iudges and Iu&s;tices in their &s;everall Courts, and Countryes,
but by Creatures of their own making, their <HI>Committees</HI> and
<HI>Sub-Committees,</HI> and by their <HI>Deputy-Lievtenants,</HI> and in a
way Extrajudiciall and Military. And they force us to &s;ub|mit
to them, either by ob&s;erving and doing what they en|joyn,
or by &s;uffering what they impo&s;e.</P>
<P>We &s;hall al&s;o have (when they can agree upon it) the
like Modell of Government in the <HI>Church:</HI> The Authority
to be derived not from the King, but from the two Hou&s;es of
Parliament, and to be executed not by <HI>Bi&s;hops,</HI> but by <HI>Pres|byters,</HI>
and &s;uch Church-Officers as the two Hou&s;es &s;hall
<PB N="22" REF="13">
think fit to ordaine. And how&s;oever at fir&s;t they pretended,
that they took up Armes for defence of <HI>Religion, &amp;c.</HI> yet
their proceedings have been only again&s;t <HI>Religion</HI> by Law e|&s;tabli&s;hed,
and again&s;t the King and again&s;t Regality it &s;elfe,
and again&s;t the Lawes of the Land, <HI>Magna Charta,</HI> and the
<HI>Petition of Right,</HI> and &s;o again&s;t the Liberty of the Subject;
and la&s;tly again&s;t the Peace, and the very Con&s;titution and be|ing
of the Kingdom: And they fight again&s;t them that defend
the&s;e, and oppo&s;e their u&s;urped power, and new frame of
Government, whether their fellow Subjects, or their fellow
Parliament men, or their King and Soveraigne him&s;elfe. Yea
from the fir&s;t bringing in of the two <HI>Bills,</HI> again&s;t the Go|vernment
of the <HI>Church,</HI> and for taking the <HI>Militia</HI> out of the
Kings hand, all their Proceedings have been only Rebellious
and Traiterous untill this day; and they and their <HI>Complices</HI>
have &s;poken and acted nothing but Rebellion and Trea&s;on,
if examined and tryed by the Lawes of the Land.</P>
<P>And their Rebellion is an attempt to force and compell
the King in &s;ome ca&s;es to governe otherwi&s;e then according
to his owne Royall Authority and direction,<NOTE PLACE="marg">The pre&s;ent Rebellion.</NOTE> and by force of
Armes to deprive him of his Government in &s;ome other ca|&s;es:
and to force and compell his <HI>Vote</HI> and <HI>A&s;&s;ent</HI> to &s;everall
<HI>Bills</HI> in Parliament again&s;t him&s;elfe, and again&s;t his <HI>Authority</HI>
and <HI>Government:</HI> And &s;o at once to &s;ubject both his <HI>Guber|native</HI>
and <HI>Legi&s;lative Authority</HI> to the two Hou&s;es of Par|liament.</P>
<P>And the <HI>Trea&s;ons</HI> already acted for promoting this <HI>Rebel|lion,</HI><NOTE PLACE="marg">Trea&s;ons al|ready acted, &amp; by whom.</NOTE>
are,</P>
<P>The corrupting the judgement of the People, and the taking
off the bonds of <HI>Con&s;cience</HI> toward His Maje&s;ty, and the draw|ing
away the Peoples hearts from him, and the &s;etting of di&s;|cord
between him and them, whereby they &s;hould leave him,
and ri&s;e up again&s;t him: And the&s;e are the <HI>Trea&s;ons</HI> more e&s;|pecially
of their <HI>Preachers</HI> and <HI>Pamphleters.</HI></P>
<P>The <HI>levying Warre</HI> again&s;t the King in this Realme.</P>
<P>The deteining his <HI>Ca&s;tles</HI> and <HI>Forts</HI> from him, and his <HI>Ships</HI>
and his <HI>Ordinance.</HI> And the&s;e are the <HI>Trea&s;ons</HI> of tho&s;e Lords
and Commons principally.</P>
<P><PB N="23" REF="13">
The encountring in fight, and killing them that a&s;&s;i&s;t him;
and the adhering to the King's Enemies and giving them ayd
and comfort. And the&s;e are the <HI>Trea&s;ons</HI> of their Souldiers
and Contributers.</P>
<P><HI>Thus</HI> the Treacherous dealers have dealt treacherou&s;ly, yea
the treacherous dealers have dealt very treacherou&s;ly, <HI>E&s;ay.</HI>
24. 16.</P>
<P>And the <HI>Trea&s;ons</HI> to be acted (which I tremble at,<NOTE PLACE="marg">Horrid Trea|&s;ons to be Acted for compleating the Rebelli|on.</NOTE> and
whereof all will be guilty that have any hand in the prece|ding
<HI>Trea&s;ons</HI>) I &s;ay, the <HI>Trea&s;ons</HI> to be acted for con&s;um|mating
this <HI>Rebellion,</HI> are</P>
<P>The <HI>depriving,</HI> or <HI>depo&s;ing,</HI> or <HI>murthering</HI> of the King, the
Lords Annointed: In every <HI>Rebellion</HI> the Law intending, as
a con&s;equent, the compa&s;&s;ing the death and deprivation of the
King; as fore&s;eeing that the <HI>Rebel</HI> will never &s;uffer that King
to Live or Raigne, which might puni&s;h, or take Revenge of
his <HI>Rebellion</HI> and <HI>Trea&s;on.</HI> And therefore doubtle&s;&s;e it is, that
Sir <HI>Thomas Fairfax</HI> hath his Commi&s;&s;ion without exception
to fight with, kill, and &s;lay all that &s;hall oppo&s;e him.</P>
<P>But God forbid that I &s;hould &s;trech forth mine hand again&s;t
the Lords Anoynted; <HI>For who can &s;tretch forth his hand again&s;t
him, and be guiltle&s;&s;e,</HI> 1. Sam. 26. 9, 11.</P>
<P><HI>And my admonition to them,</HI><NOTE PLACE="marg">The Rebels admoni&s;hed.</NOTE> <HI>and to all, and every one any
way engaged with them, &s;hall be that of</HI> Simon Peter, <HI>to</HI> Si|mon
Magus; Repent of this thy wickedne&s;&s;e, and pray God, that
if it be po&s;&s;ible, the thought of thine heart may be forgiven thee.
For I &s;ee thou art in the gall of bitterne&s;&s;e, and in the bond of
Iniquity, <HI>Acts,</HI> 8. 22. 23&punc;</P>
<P>And for the King it &s;hall be my prayer, and let it be the
prayer of all Loyall hearts.</P>
<P>Plead thou the Kings cau&s;e,<NOTE PLACE="marg">A Prayer for the K<GAP DESC="illegible" REASON="missing" EXTENT="1 letter">ng.</NOTE> O Lord, with them that &s;trive a|gainst
him: and fight again&s;t them that fight again&s;t him.</P>
<P>Lay hand upon the Shield and Buckler: and &s;tand up to
help him.</P>
<P>Bring forth the Speare, and &s;top the way again&s;t them that per|&s;ecute
him: &s;ay unto his &s;oule, I am thy Salvation.</P>
<P><PB N="24" REF="14">
Let them be confounded and put to &s;hame, that &s;eek after his
&s;oule: let them be turned back, and brought to confu&s;ion that ima|gine
mi&s;chiefe for him.</P>
<P>Let them be as the du&s;t before the winde: and the Angel of the
Lord &s;cattering them.</P>
<P>Let their way be dark and &s;lippery: and let the Angell of the
Lord per&s;ecute them.</P>
<P>For they have privily laid their net to de&s;troy him without a
cau&s;es yea, even without a cau&s;e have they made a pit for his
Soule.</P>
<P>Let a &s;uddaine de&s;truction come upon him unawares, and his
net that he hath laid privily, catch him&s;elfe: that he may fall in|to
his owne mi&s;chiefe.</P>
<P>And the Kings &s;oule &s;hall be joyfull in the Lord: it &s;hall rejoyce
in his &s;alvation. <HI>Amen, Amen.</HI></P>
<P>And now to conclude this <HI>Tract,</HI><NOTE PLACE="marg">The Conclu|&s;ion.</NOTE> as Sir <HI>Edward Cook</HI> doth
his <HI>Chapter of Trea&s;on.</HI> It appeareth in the <HI>Holy Scripture,</HI>
that <HI>Traitors</HI> never pro&s;pered, what good &s;oever they pre|tended,
but were mo&s;t &s;everely and exemplarily pu<GAP DESC="illegible" EXTENT="2 letters">i&s;hed:
As <HI>Corah, Dathan,</HI> and <HI>Abiram,</HI> by miracle. <HI>The ground
clave a&s;under that was under them: And the Earth opened her
month and &s;wallowed them up, and their Hou&s;es, and all the
men that appertained unto</HI> Korah, <HI>and all their goods,</HI> Num. 16.
31, 32.</P>
<P><HI>Ab&s;alom,</HI> who by faire &s;peeches and courte&s;ies &s;tole the hearts
of the People, and &s;ought his Father King <HI>David's</HI> life, riding
upon a Mule under the thick Boughes of a great Oake in the
wood of <HI>Ephraim,</HI> where the Battell was, his head caught hold
of the Oake, and he was taken up between the Heaven and the
Earth: And <HI>Ioab</HI> took three darts in his hand, and thru&s;t them
thorow the heart of <HI>Ab&s;olom,</HI> while he was yet alive in the
mid&s;t of the Oake, 2. <HI>Sam;</HI> 18. 9, 14.</P>
<P><HI>Achitophell, Ab&s;olon's</HI> chiefe Councellour hanged him&s;elfe,
2. Sam. 17. 23.</P>
<P><HI>Shimei,</HI> for cur&s;ing <HI>David,</HI> had his hoare head brought with
bloud to the grave, 2. <HI>Sam.</HI> 16. 5, 6. 1. <HI>Kings</HI> 28. 46.</P>
<P><PB N="25" REF="14">
<HI>Abiathat,</HI> the Traiterous high Prie&s;t again&s;t <HI>Solomon,</HI> was
deprived of his Prie&s;t hood, 1. <HI>K.</HI> 2. 26. 27.</P>
<P><HI>Zimri,</HI> who conspired again&s;t <HI>Elah,</HI> and &s;mote him, and killed
him, when he &s;aw the City was taken wherein he was, went into
the Palace of the Kings Hou&s;e and burnt the Kings Hou&s;e o|ver
him with fire and dyed. 1. <HI>Reg.</HI> 16. 9, 18.</P>
<P><HI>Athaliah</HI> the daughter of <HI>Omri,</HI> who d<GAP DESC="illegible" REASON="missing" EXTENT="1 letter">&s;troyed all the Seed
Royall, was &s;laine with the Sword, 2. <HI>Reg.</HI> 11. 16.</P>
<P><HI>Bigthan</HI> and <HI>Tere&s;h,</HI> who &s;ought to lay hold on King <HI>Aha&s;ue|erus,</HI>
were both hanged on a tree. <HI>E&s;t.</HI> 2. 21. 23.</P>
<P><HI>Thewdas,</HI> who ro&s;e up, bea&s;ting him&s;elfe to be &s;omebody, and
to whom a number of men about 400. joyned them&s;elves, was
&s;laine, and all even as many as obeyed him were &s;cattered and
brought to nought. After him ro&s;e up <HI>Iudas</HI> of <HI>Galilce&punc;</HI> in the
dayes of taxing, and drew much People after him: He al&s;o peri|&s;hed,
and as many as obeyed him were disper&s;ed, <HI>Act.</HI> 5. 36, 37.</P>
<P><HI>Iudas I&s;cariot,</HI> the Traitor of Traitors hanged him&s;elfe, 27.
<HI>Mat.</HI> 5. And purcha&s;ed a Field with the reward of iniquity, and
falling headlong, he bur&s;t a&s;under in the mid&s;t, and all his bow|ells
gu&s;hed out, <HI>Act.</HI> 1. 18.</P>
<P>Peru&s;e over all our Books, Records, and Hi&s;tories, and
you &s;hall find, a principle in Law, a rule in Rea&s;on, and a triall
in Experience, That <HI>Trea&s;on</HI> doth ever produce fatall and fi|nall
de&s;truction to the offendor, and never attaineth to the de|&s;ired
end, (two incidents in&s;eparable thereunto.) And there|fore
let every one abandon it, as the mo&s;t pernit<GAP DESC="illegible" EXTENT="1 letter">ous bayte of
the Divell of Hell; and follow the precept in holy Scripture.</P>
<P>My Sonne, feare thou the Lord and the King, and meddle not
with them that are given to change.</P>
<P>For their Calamity &s;hall ri&s;e &s;uddainly, and who knoweth the
Ruine of them both, <HI>Prov.</HI> 24. 21, 22.</P>
<P>Cooke 3. part In&s;tit. cap. 2.</P>
</DIV1>
<DIV1 TYPE="postscript">
<PB N="26" REF="15">
<HEAD>POST-SCRIPT.</HEAD>
<P>And now Reader &s;ee the Accompli&s;hment of that
Evangelicall prediction.<NOTE PLACE="marg">The Po&s;t|&s;cript.</NOTE></P>
<P>In the la&s;t daies, perilous times &s;hall come, for men
&s;hall be lovers, of their own &s;elves, covetous, boa&s;ters,
Proud, Bla&s;pheamers, Di&s;obedient to Parents, Traitors,
Heady, High-minded, Lovers of Plea&s;ure more then Lo|vers
of God; Having a forme of Godline&s;&s;e but denying
the power thereof. 2. <HI>Tim.</HI> 3. 1, 2, 4, 5.</P>
<P>Pre&s;umptuous are they, &s;elfewilled, they are not afraid
to &s;peak evill of Dignities. 2. <HI>Pet.</HI> 2. 10.</P>
<P>Woe to them, for they have gone in the way of <HI>Cain,</HI>
and runne greedily after the Error of <HI>Balaam</HI> for a re|ward,
and peri&s;hed in the gain&s;aying of <HI>Core, Jude</HI> 11.</P>
<P>Al&s;o Reader Learne and Con&s;ider, That what
things &s;oever are evill in their own nature (as are <HI>Re|bellion</HI>
and <HI>Trea&s;on</HI>) cannot be the Subject of any
command, or induce any Obligation of Obedience
upon any man, by any Authority what&s;oever.</P>
<P>As the Lords and Commons at <HI>Westmin&s;ter</HI> have
delivered in their <HI>Declaration,</HI> May. 19. 1642.</P>
</DIV1>
<TRAILER>FINIS.</TRAILER>
</BODY>
</TEXT>
</EEBO>
</ETS>
