THat all men may the better know their duty, and upon how ſure a ground they goe that follow the judgment of Parliament for their guide; let them judiciouſly conſider the true meaning and ground of the Statute of 11. Hen. 7. cap. 1. This Statute provides, That none that ſhall attend upon the King, and doe him true ſervice ſhall be attainted, or forfeit any thing: What! was the ſcope of this Statute to provide, that men ſhould not ſuffer as Traytors for ſerving the King in his Warres, according to the duty of their Allegiance? if this had been all, it had beene a very needleſſe and moſt ridiculous Statute: Was it then intended that they ſhould be free from all crime and penalty that ſhould follow the King, and ſerve him in Warres in any caſe whatſoever, whether it were for or againſt the Kingdome and the Lawes thereof? that cannot be, for that could not ſtand with the duty of their Allegiance, which in the beginning of that Statute is expreſt to be, ſo ſerve the King for the time being in his Warres, for the defence of Him and the Land; and therefore if it be againſt the Land (as it cannot be otherwiſe underſtood, if it be againſt the Parliament, who is the repreſentative body of the Kingdome) it is a declining from the duty of Allegiance, which this Statute ſuppoſeth may be done, though men follow the Kings perſon in Warre: otherwiſe there had been no need of ſuch a proviſo in the end of that Statute, that none ſhould take benefit by that Statute that ſhould decline their Allegiance: that therefore which is the principle verbe in this Statute, is the ſerving of the King for the time being: which cannot be meant of a Perkin Warbeck, or any that ſhould call himſelfe King; but ſuch a one, as what ever his Title might prove, either in himſelfe, or in his Anceſtors, ſhould be received and acknowledged for ſuch by the Kingdome, the conſent whereof cannot be diſcern'd but by Parliament; the Act whereof is the Act of the whole Kingdom, by the perſonall ſuffrage of the Peers, and the deligate conſent of all the Commons of England: and Henry the ſeventh, a wiſe King, conſidering that what was the caſe of Richard the third his predeceſſor, might by chance of Battaile be his owne, and that he might at once by ſuch a Statute as this, ſatisfie ſuch as had ſerved his predeceſſor in his Warres; and alſo ſecure thoſe that ſhould ſerve him, who might otherwiſe feare to ſerve him in the Warres, l • ſt by chance of battaile that might happen to him alſo (if a Duke of Yorke had ſet up a Title againſt him) which had happened to his predeceſſor: he procured this Statute to be made, That no man ſhould bee accounted a Traytor for ſerving the King in his Warres for the time being; that is, which was for the preſent allowed and received by the Parliament in behalfe of the Kingdome; and as it is truly ſuggeſted in the preamble of that Statute. It is not agreeable to reaſon or conſcience that it ſhould be otherwiſe, ſeeing men ſhould be put upon an impoſſibility of knowing their duty, if the judgment of the higheſt Court ſhould not be a guide to them: Now if the judgment of that Court ſhould be followed where the queſtion is? W … King, (as it muſt be followed as appeares by that Statute) much more then ought their judgment to be fo •••• ed, when they declare, What is the beſt ſervice of the •• ng and Kingdomes, and therefore thoſe that ſhall gui •• themſelves by the judgement of Parliament, ought what • ver happen, to be ſecure and free from all accompt and … ties, upon the ground and equity of this Statute of 11. 11. H. 7▪ • ap. 1.

B • ſid • s, • t the Parliament (that made this Act in that eleventh yeare of Henry the ſeventh) had intended, that thoſe that ſerved the King in his wars, though never ſo unjuſtly begun, and though againſt the Kingdome and the Lawes thereof, ſhould nevertheleſſe have been free from Treaſon, and not puniſhable, then had all the liberty of the Subject been incluſively given (by that Act) from the Subject to the King: For if that were a good conſtruction, and the right intent of the Statute, then had Henry the ſeventh a lawfull diſpenſation for his obſerving thoſe Lawes, by which our liberties were ever preſerved; but that Parliament never intended ſo, as you may clearly diſcerne by other wholſome Acts paſſed the ſame Parliament for the preſervation of every mans liberty and propriety in his eſtate.

Beſides, how can any people be perſwaded, that that Parliament would ſo much betray the Lawes of the Land, and the truſt repoſed in them, when as they themſelves had in their own particulars ſo great an intereſt of honour and eſtate: and whereas this preſent Parliament ſtands accuſed by ſome of deſperate fortunes and lives of the ſame temper, of that very fault which that Parliament of Henry the ſeventh had been guilty, were the former conſtruction rationall, I hope it will gain little credit with any that have the leaſt uſe of reaſon, that ſuch as muſt have ſo great a ſhare of the miſery, ſhould take ſo much paines in procuring thereof, and ſpend ſo much time, and run ſo many hazards for to make themſelves ſlaves, and to deſtroy the property of their eſtates.

And whereas ſome except againſt this Parliament for being the authors of their owne preſidents, and ſo varying from the courſe of former times; let them that urge this againſt the Parliament know, that if they have made any preſidents this Parliament, they have made them for poſterity; and upon the ſame or better reaſons or law, then thoſe were upon which their predeceſſors firſt made any for them: and as ſome preſidents ought not to be rules for them to follow; ſo none can be limits to bound their proceedings, which may and muſt vary according to the different condition of times: And whereas you look for preſidents, to prove all the Kings Army that are now with him to be Traytors, remember who were adjudged Traytors in Richard the ſeconds time; and if it were Treaſon in them for levying a warre before a Parliament was called, and for keeping a Parliament from being called? ſhall it not be Treaſon in them that warre againſt a Parliament when it is called? Were there ever ſuch practices to poyſon the people with an ill apprehenſion of the Parliament? Were there ever ſuch ſcandals and imputations laid upon the proceedings of both Houſes? Were there ever ſo many and ſo great breaches of the priviledge of Parliament, as have been made this Parliament? Or were there ever ſo many and ſo deſperate deſignes of force and violence againſt the Parliament, and the Members thereof? If the Parliament have done more then ever their anceſtors have done, I am ſure they have ſuffered more then ever they ſuffered; & yet in point of modeſty or duty they need not yeild to the beſt of former times: but they may ſafely put this in iſſue, whether the higheſt & moſt unwarrantable preſident of any of His Majeſties predeceſſors do not fall ſhort and much below what hath bin done to this Parliament? And on the other ſide, whether if they ſhould make the higheſt preſidents of other Parliaments their patternes, there would be cauſe to complaine of want of modeſty and duty in them, when they not ſo much as ſuffered ſuch things to enter into their thoughts (as their Declarations tell me) which all the world knowes their Predeceſſors have put in act.

And whereas it ſeemes a riddle to thoſe that are with the King, that they ſhould fight for the King, and by his command, and yet be Traytors to him; for if they be Traytors, the King himſelfe hath done as much, being preſent with them, as they have done: and how can a King commit Treaſon againſt himſelfe?

To thoſe let me anſwer, that what ever the King does he is not to be queſtioned, but yet that does not cleare them, becauſe the King himſelfe doth countenance them by his perſonall preſence, and by his Comiſſions: and that their conſequence might fall to the ground, let them underſtand, that a King may commit Treaſon againſt himſelfe, and ſo did King Iohn in reſigning of his Crowne to the Pope: and Mr Brooke, who was Recorder of London, in his reading upon the Statute of Magna Charta, cap. 16. ſaid, That if any to whom the Crowne is committed by Act of Parliament, uſurpe it, or demeane it in other manner then is expreſt in the Act, it is high Treaſon: read the Statute of 35. Hen. 8. c. 1. And thus you ſee, that they which joyne with the King may be puniſhed for Treaſon, though the King himſelfe cannot.

Beſides, though they intend not hurt to the Kings perſon, as we may gheſſe by ſeverall circumſtances, yet they may be Traytors: for tis true, that in ſome ſence he is the only perſon againſt whom Treaſon can be committed, that is meant, as he is King: But yet that Treaſon which is againſt the Kingdome, is more againſt the King, then that which is againſt his perſon, becauſe he is King; for that very Treaſon is not Treaſon as 'tis againſt him as a man, but as a man that is a King; and as he hath relation to the Kingdome, and ſtands as a perſon intruſted with the Kingdome, and diſcharging that truſt: Now if that be true, as indeed it is, that Treaſon againſt the Kingdome is more Treaſon againſt the King, then that which is againſt the Kings perſon; what ſhall become of the Kings Army, which now levy Warre againſt the Parliament, which is the Kingdome? are they not all Traytors?

But for Prince Rupert, ſome are content to make this excuſe for him, that he is no liege man borne, and is not ſubject to our Lawes, and therefore he is no Traytor, for he owes no Allegiance:

The anſwer to them will be but ſhortly thus, that any man (and ſo conſequently Prince Rupert) whilſt he is in England, and in the Kings dominions, is to yeeld a locall ligeance and obedience to the King and the Lawes, and in lieu of that he is to receive a locall Protection from the King, and ſo is, Cook▪ lib. 7. Now the difference between ſtrangers, that are both aliens, ſtands thus, if he be alien amy 'tis Treaſon for him to levy Warre againſt the Kingdome (that is) againſt the King, & ſo 'twas adjudged: But if he be an alien Enemy 'tis not Treaſon, but crimon leſae Majeſtatis, which is a thing of the ſame nature for the puniſhment, though not for the manner of the triall: Now Prince Rupert is an alien amy (and indeed hath more reaſon to be a friend to this Kingdome then an enemy, conſideratis conſiderandis) ſo that his offence is as plainly diſcovered as the reſt; and appears to be no leſſe then High Treaſon againſt the Kingdome.