Transcendent and multiplied rebellion and treason, discovered, by the lawes of the land.

Transcendent and multiplied rebellion and treason, discovered, by the lawes of the land.

Table of contents

Title page

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SEVERALL TREASONS BY the Lawes of the Land.

POST-SCRIPT.

FINIS.

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TRANSCENDENT AND MVLTIPLIED REBELLION AND TREASON, DISCOVERED, By the Lawes of the Land.

I had not known Sinne but by the Law.

8. Rom. 7.

Let our strength be the Law of Justice: for that which is feeble is found to be nothing worth. Therefore let us lye in Wait for the Righteous, because he is not for our turne, and he is cleane contrary to our doings, he upbraideth us with our offending the Law.

Wisd. 2. 11. 12.

Am I your Enemy because I tell you the truth?

4. Gal. 16.

Anno, 1645.

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READER,

INstead of an Epistle, thou shalt have my resolution, concerning some particulars, principally agitated at this time, and necessary to be premised.

1. Concerning Politicall and Regall Authority and Power, and the Author thereof.

Politicall Authority,Politicall and Regall power, & the Author thereof. is the power which the Supreame Magistrate hath over mens Persons and Estates, over their Lives and Fortunes; and such is the power of a King in his Kingdom: And that power with us is to be exercised by the King according to the Lawes of the Land. The originall thereof is from God; who is the only Potentate, The King of Kings, and Lord of Lords, 1. Tim. 6. 15. and from none other, Men or Angells: For the Creatures generally are under the Commandements, Thou shalt not kill, Thou shalt not steale. And then cannot by any Authority of their owne, warrant any man to take away anothers Life without Murther, nor his Estate without Theft. Only God, who is the Lord of Life and Death, the Lord Possessor of Heaven and Earth, the Creator of all things, and therefore hath a Naturall Dominion over all, can Authorize in these cases: And he gives this Authority to Kings and other supreame Magistrates, his Vicegerents, and Deputies here on earth, for the administration of Iustice, and for the effectuall Restraint of Sinne and Vice, by the utmost of Corporall and temporall punishments, and for the maintenance of Order and Government amongst men. And so the Apostle tells us, That there is [Page]no Power but of God, Rom. 13. 1. And in the Scripture Kings are called Gods Annointed; Annointed with power, as the Holy Ghost phraseth it, Act. 10. 38. Yea they have the Compellation of God himselfe, because, saith Mr Perkins, they partake of his Power in their Authority, and of his glory in their Majesty. And Daniell tells us thrice in one Chapter, That the Kingdomes also are Gods, and he giveth them to whom he will. 4. Dan. 17. 25. 32. For instance, 'tis by the Grace of God that our Soveraigne Lord Charles is King of England, Scotland, &c. And in these Kingdomes He constitutes Governours also as he will; either by His own Nomination or by Naturall Generation, or by the Peoples Election: I know that too, to the end Popes might usurp power over Kings, 'tis the Tenent of the Papists, and of the Parliament party,Kings have not their Power from the People. That the King hath his power from the People, and that they may reassume it. But this Opinion is founded in Blasphemy, loosens the bonds of Loyalty, advanceth Popular insolency, leads on to Rebellion, and ends in Anarchy, and Confusion.

And in truth all the People doe in this case, or can doe, is this; They may in Order to the Divine disposition of things, and in some tlaces they doe (not without Gods especiall Inclination and direction) elect such a one to be their King, but they doe not, they cannot, invest him with Royall Authority and power; which he hath from God alone, at his Inauguration, or first entrance upon his Kingly Office; according to that Commission, Dixi Dii estis, I have said ye are Gods: Psal. 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 only, investing him with such power, and giving them power also of electing him, which they could not have done without speciall Licence from the King. And as it is of the Kings singular favour and indulgence, that they chose their Governour; And as, for all their Elections, the Major is Minister Regis, the Kings Minister, constituted in Authority by and under him, in that Corporation, to represent his Person, and to discharge his Offices So it is between God, the King, and People, in poynt of Election and Ministration.

[Page] And as God constituteth every Supream Governour, so doth he every kind of Government in the World; according to the Confession of the Church of Scotland, delivered in these following words.

We confesse and acknowledge Empires, Kingdomes, Dominions and Citties to be distincted, and ordained by God; the Powers and Authorities in the same, be it of Emperours in their Empires, Kings in their Realmes, Dukes and Princes in their Dominions, and of other Magistrates in their Citties, to be Gods holy Ordinance, ordained for the manifestation of his owne glory, and for the singular profit and commodity of mankind:Antient Constitutions not to be overthrowne. So that whosoever goeth about to take away, or confound the whole State of Cavill Policies now long established, we affirme the same men not only to be enemies to mankind, but also wickedly to fight against Gods expressed will.

And hitherto appertaineth that Maxime. Qui introducit mala, peccat contra voluntatem Dei revelatam in verbo: qui nova introducit, peccat contra voluntatem Dei revelatam in factis: He that introduceth evill things, sinneth against the will of God revealed in his word: and he that introduceth new things, sinneth against the will of God revealed in his workes.

2. Concerning the Kings Negative Vote in Parliament,The Kings negative Vote in Parliament. which the two Houses would utterly overthrow: And to that end they alledge the forme of an Oath in Hen: the fourths time, which they say the Kings of England usually took at their Coronation: and whereby they promise to protect the Lawes, and to Corroborate such as the People shall chuse:The Kings Oath to Corroborate such Lawes as the People shall chuse. quas vulgus juste & rationabiliter elegerit (as it is rendred, Rot. claus. 1. R. 2. nu. 44.) which the people shall chuse justly and reasonably: And such was not the first controverted Bill of the Militia; for it was both unjust (to take the Kings Power from him) and unreasonable, because without the Militia he cannot, according to his Oath protect the Lawes; And the true sence of that branch of the Oath is expressed by that forme used at the Coronation of Edw: the sixth. Doe you grant to make no new Lawes, but such as shall be to the honour of God, and to the good of the Common-wealth,[Page]and that the same shall be made by the consent of your People, as hath been accustomed?

So that branch in the Kings Oath, To Corroborate such Lawes as the People shall chuse, must not be understood universally, That the King is sworne to passe all those Lawes that the People shall chuse, but restrictively, that he shall enact only such Lawes as the People have chosen, and none other; And it is only a restraint and limitation of that absolutenes in Law-making, exercised by the Kings of England formerly, from which they receded by degrees: using first the advice of the Bishops and Barons in making their Lawes, and afterward their Consents also: then not their advice and consent only, but also the advice and consent of the Commons also. And hitherto doth the clause in the Oath relate, To the end that no Law, not agreeing with the Interest of every of the three formall parts of the Kingdome might passe, to the maiming and enfeebling of the established frame of the Kingdome.

And these formes in Rich: 2. and Edw: 6. are cited by the Lords and Commons in their Remonstrance. 2. Novem. 1642.

3. Concerning the Kings Councells. Beside his great Councell, the Lords and Commons in Parliament, The Law takes notice of the Kings Power to Sweare unto himselfe a body of Councell of State,The Kings several Councells. (which our Lawes call sometimes his Grand Councell) and to sweare unto him all Councellors at Law; even the Judges, and others learned in the Law, those to advise him in matters of State,Cook upon Littleton. l. 2. c. 1. Sect. 164. these in matters of Justice: And hence is that Maxime in Law, The King can do no wrong; if any ill be committed in matters of State, the Councell, if in matters of Justice, the Judges must answer for it. And it will be very preposterous to make the two Houses of Parliament the Kings only Councellors in these cases; if things shall be managed by the major part of the House of Commons, as now they are: for that House hath not in it an hundred Knights of the Shires, and three or foure hundred Citizens and Burgesses, which may be all Mechanicks, and so unfit Councellors in those cases: And who with the help of the Tumultuous People about London, may deale with the King and Nobles, and Gentry as they please.

[Page] And because the two Houses are a numerous body, and the King a single Person, therefore to counterpoise them, doth the Law expresse the King hath a Councell of State, and Councellors at Law, faithfully to advise him in his Government, that be may neither doe, nor receive any wrong, especially in Parliament, where the wrong may be perpetuall.

How unjust then, and unreasonable is it at this time, to debarre or remove those Councellors from His Majesty, and to expresse no legall cause against them, to which the King hath ever submitted them?

4. Concerning the Tumults raised and countenanced this Parliament, whereof if any man doubt, let him consider,

1.Tumults this present Parliament. That multitudes of People went to Westminster with Clubs and Swords; crying, No Bishops, No Bishops.

2. That they assaulted the Bishops, and would not suffer them to come to, and sit in the House of Lords.

3. That upon the Complaint of the Bishops, the House of Lords twice moved the House of Commons to joyne with them in an order against Tumults.

4. That the Lords having in vaine tryed that way (upon the advice of the Judges) sent a Writ to the Sheriffe and Justices for setting watch and ward, and hindring all Tumultuous Resort to Westminster: And for it one of the Justices was sent to the Tower by the House of Commons.

5. That they assaulted, and evill entreated some of the Members of the House of Commons,Strangsways. as Sir Iohn Strangswayes; who also complained of them in the House.

6. That Mr Kyrton, a Member of the House of Commons, offered proofe to the same House, that Captaine Venne severall times sent, and sollicited the People, to come downe out of the City of London, with Swords and Pistolls, when he had told them, or sent them word by his Wife, that the worser Party was like to have the better of the good Party.

7. That (Decemb: 31.) His Majesty sent a Message to the Lord Major of London, for endeavouring to suppresse the like Tumults; and that at a Common-Councell held that day, the Lord Major and Aldermen found, that there had [Page] been Tumultuons and Riotons Assemblies spread day and night in the City, &c.

8. That Jan. 31. The poore People about London, preferred a desperate Petition to the House of Commons, against some of the House of Lords: whereof in its due place.

Now by the ancient Law and custome of the Parliament, a Proclamation ought to be made in Westminster, in the beginning of the Parliament, That no man upon paine to loose all that he hath, should during the Parliament in London, Westminster, or the Suburbs, &c. weare any Privy Coate of Plate, or goe armed during the Parliament; and the reason hereof was, that the high Court of Parliament, should not thereby be disturbed, nor the Members thereof (which are to attend the arduous and urgent businesse of the Church and Commonwealth) should be withdrawne. Cook. 4. part. Instit. l. 1. of the high Court of Parliament.

5. Concerning the Cause of the Warre on the Parliament side.The Parliament pretences, for taking up of Armes. Sometimes it is pretended, that the first Army was raised to fetch in Refractory Delinquents, and to bring them to coudigne punishment: But who are those Delinquents? Such as apply themselves to the King, and were ready to assist him in the Recovery of his Rights taken from him;1. The fetching in Delinquents. his Magazine at Hull, the Power of the Militia, the disposition of the Forts and Castles, his Navy, &c.

As for other Delinquents, His Majesty left them to their Justice at the beginning of the Parliament: And they proceeded against whom they pleased. The Earle of Strafford, and the Arch-bishop of Canterbury: but whether they or their Judges proved Delinquents, most men now know. And yet they spared whom they pleased in Relation to their Designe, as the Lord Privy Seale, &c.

Againe, as those Delinquents were of their owne making, so the necessity of raising an Army to bring them in, was from themselves; for whereas that is done ordinarily by the Posse Comitatus, they had dissolved it by their Vote, 15. March. 1641. That the severall Commissions granted under the Great Seale, to the Lievtenants of the severall Counties, are illegall [Page] and voyd. Though such Commissions had been in use during the Reignes of, King Iames, and Queene Elizabeth of blessed Memory; and the ordering of the Militia had been ever in the Crowne: And the Crown hath its Customes as well as the Subject his, and not to be violated by the Subject.

So then Armes were taken up, not in a judiciary way to force Delinquents properly so called, and to punish offenders against Law; but in the way of State Policy to subdue the Kings friends, and their opposites; not to doe Justice, but to promote their designes.

Againe,2. The Defence of our Religion and Liberty. sometimes it is pretended, that the King indeavoured to bring in Popery and Tyrannie; and that they were forced to take up Armes, for the defence of our Religion and Liberty.

But our Liberties were all asserted by severall Acts passed at the beginning of the Parliament: And before Armes were taken up, His Majesty had promised to enact whatsoever they did desire against Jesuits, Preists, Papists, and Popery, as appeares by His Declaration. Iun. 2.

And to secure our Liberties and Religion, and the whole Kingdome (before Armes were taken up) His Majesty had Promised that the Forts and Castles should be alwayes in such Hands, and only such, as they should have cause to confide in, Ian. 27.

And he accepted of Sir Iohn Coniers, to be Lievtenant of the Tower of London, in the place of Sir Iohn Byron, Feb. 11. And he allowed their Recommendation of the Lievtenants for the severall Counties, Feb. 28.

And what need then of an Army, to defend and secure our Liberties, and Religion, against Tyrannie and Popery?

And the truth is, this pretended necessary defence and security of our Religion and Liberty, against Popery and Tyrannie, was only a Colour for the taking up of Armes, and a sleight to gaine, or rather to entrap and ensnare the People, that by the Power of the Kingdome, and the helpe of the People, they might carry on, and compasse their designe against Monarchy, and against Episcopacy and the Liturgy.

[Page] And so the present Quarrell is,The true state of the present War. for a (not to be pretended to by any Law,) Liberty against Monarchy, not against Tyrannie; and for a (not knowne or chosen by themselves,) Religion against Episcopacie and the Liturgie, and not against Poperie: For therein the King opposeth them, and they have no enemy otherwise.

And this Alteration of Government in Church and State, was first attempted in a Parliamentary way, then it was carried on by Tumults, afterward they proceeded to apparent Treason; and from Treason to Treason, untill at last they came to the height of Rebellion: As the subsequent Discourse will show the [...].

SEVERALL TREASONS BY the Lawes of the Land.

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TO compasse the death of the King and Queene, or to intend or imagine it.

To intend to deprive, depose, or disinherit the King, if it may appeare by word or otherwise.

To leavy Warre against the King in this Realme,Treasons by the Lawes of the Land. or to conspire to leavy Warre against Him.

And this was high Treason by the Common-Law, for no Subject can levy Warre in the Realme, without Authority from the King, for to Him it only belongeth, Cook. 3. part. Instit. cap. de High Treason.

Againe, if any levy Warre to expulse Strangers, to deliver men out of Prisons, to remove Councellors, or against any Statute, or to any other end pretending Reformation of their own heads without warrant; this is levying of Warre against the King, because they take upon them Royall Authority, which is against the King, Ibid.

Also to detein or hold a Fortresse or Castle against the King. And to deteiue or withhold from Him, or against Him, any his Ships or Ordinance, is to levy Warre against the King, in the Construction of the Law.

To encounter in fight, and kill such as are assisting to the King in his Warres, or such as come to help the King.

[Page] To Plot, or doe any thing toward the moving Sedition, either in respect of the King, or his Army; or to give advice, or to procure or lend ayd thereunto.

To succour the Kings Enemies.

To be adhering to the Kings Enemies, ayding them, or giving them comfort in this Realme, or elsewhere.

Besides other Treasons mentioned in Mr. Saint-Johns Argument, upon the Earle of Strafford; as,

1. To endeavour to corrupt the peoples judgement,Other Treasons in Mr Saint-Iohns. Argument. and to take off the bonds of Conscience, the greatest security of the Kings life; as in Owen's case, who said, that King James being excommunicated by the Pope might be killed of any man, and that such killing was not murther, but only the Execution of the Popes supream sentence: God forbid I said one of better judgement then Owen, that I should stretch forth mine hand against Gods Annointed: No saith Owen, the Lord doth not forbid it, you may for these reasons kill the King.

2. To endeavour to draw the Peoples hearts from the King, to set discord between Him and them; whereby the people should leave Him and rise up against Him, to the death and destruction of the King, as in Sparhawks case.

Also at the Arraignment of the Earle of Essex, the Iudges delivered ther opinions for matter of Law upon two points;

1. That in case where a Subject attempteth to put himselfe into such strength as the King shall not be able to resist him,Rebellion▪ and to force and compell the King to governe otherwise then according to his owne Royall Authority and direction, it is manifest Rebellion.

2. That in every Rebellion, the Law intendeth as a Consequent the compassing the death and deprivation of the King; as foreseeing that the Rebel will never suffer that King to live or Raigne, which might punish or take revenge of their Rebellion and Treason.

And at the Arraignment of Sir Christopher Blunt.

That the Subject that Rebelleth or riseth in forcible manner, to overrule the Royall will and power of the King, intendeth to deprive the King both of Crowne and Life; And [Page] that the Law judgeth not of the Fact by the intent, but of the intent by the Fact.

How then, is not this Rebellion in those who are now risen in forcible manner to overrule the Royall will and power of the King; and have put themselves into such strength, as the King shall not be able to resist them, thereby to force and compell the King (in some particulars) to governe otherwise then according to his owne Royall Authority and direction, and to take from Him the power of governing in some cases; as of the Church, and of the Militia of the Kingdome?

And in prosecuting this Rebellion, how have they incurred severall Treasons?

1. By endeavouring to corrupt the judgement of the People,The present Rebellion and Treason. and to take off the bonds of Conscience, the greatest security of His Majesty, and to draw the Peoples hearts from the King, and to set discord between him and them, whereby they should leave the King, and rise up against him.

2. By levying Warre against the King in his Realme.

3. By deteining his Forts and Castles from him; and his Ships and his Ordinance.

4. By encountring in Fight, and killing them that assist him, and by adhering to the Kings Enemies, and giving them ayd and comfort.

5. By compassing the death and deprivation of the King: Rebels never suffering that King to Live or Raigne, which might punish or take revenge of their Treason.

Now the method observed in this Rebellion, The Method used in this present Rebellion. was this.

The Government of the Church being in the King by Law; and he governing it by Arch-Bishops, Bishops, &c.

A Bill was brought into the House of Commons for the Extirpation of them,A Bill against Bishops. but it passed not.

Also the Government of the Militia of the Kingdome being by Law in the King, for the effectuall protecting of the Law and his people,Sir Arthur Haslerigges Bill concerning the Militia. Sir Arthur Hasterigges, brought a Bill into the House of Commons, for taking away the Militia from His Majesty, and placing it in the hands of Subjects: And this Bill was rejected with indignation.

[Page] When they could not compasse their designe by Vote in Parliament, they attempt and prosecute it otherwise.

And whil'st His Majesty was in Scotland▪ they send forth Lecturers, Traiterous Lecturers and Pamphleters. and give licence to Pamphleters, by their preaching and writing to corrupt the judgement of the people, and to take off the bonds of Conscience towards His Majesty; and to draw the Peoples hearts from the King, and to set discord between him and them, whereby they should leave him, and rise up against him: And this is the scope of the Remonstrance published, Decemb: 15. 1641.

The Peoples judgement thus corrupted, and their hearts not only alienated from, but also set against the King, they run head long into Rebellion; and first those about London conspire, and goe in multitudes to Westminster with Swords and Clubs; and with Clamours they revive and presse the matter of the Bill against Bishops,Tumults revive the Bill against Bishops. formerly rejected; And they menace, affront, assault, and chase the Bishops, then actuall Members of Parliament: so that they could not sit and Vote in the House of Peers; and they proclaimed the names of others of the Peers, as evill and rotten-hearted Lords; And they assault and evill entreat those of the House of Commons, who they supposed favoured the Bishops, and had Voted against their Bills, and against their designe, as Sir John Strangswayes, &c. And as they passe and repasse through the streets,Articles of high Treason against the L. Kimbolton, and the five Members. they utter seditious and traiterous words against the King and His Government. Hereupon His Majesty exhibited Articles of High Treason against the Lord Kimbolton, and the five Members, the Ringleaders in this Rebellion.

For endeavouring to subvert the Fundamentall Lawes and Government of the Kingdome, and to deprive the King of his Legall Power, and to place on Subject an Arbitrary and Tyrannicall Power.

For endeavouring by many foule Aspersions upon his Majesty and his Government, to alienate the affection of his People and to make his Majesty odious to them.

For endeavouring to subvert the very Rights and being of Parliaments, and as farre as in them lay, by force and terrour [Page] to compell the Parliament to joyne with them in their designe.

But the accused Members shelter themselves under the Priviledge of Parliament;No priviledge of Parliament in case of Treason. (though it be a maxime in Law that in case of Treason Priviledge of Parliament doth not extend, is of no signification) and by the power and protection of the City of London, and the Counties adjacent.

And now they begin to put themselves actually into the strength of the Kingdom;They put themselves into the strength of the Kingdom▪ and they dispose & order the Militia of the City of London, under the Command of Major. Generall skippon, and seize on his Majesties Magazine at Hull, and commit the custodie of it to Sir John Hotham. And the House of Commons Petition His Majesty, that the Militia of the whole Kingdome may be in such hands as they should confide in; and when the major part of the Lords would not concurre with them, the poore people in and about London, come in a tumultuous manner to Westminster, Tumults revive; Sir Arthur Haslerigges Bill, concerning the Militia. and they revive & presse the matter of Sir Arthur Hasterigges Bill for the Militia formerly reiected, and Petition the House of Commons against those Lords, as Malignants, and disturbers of the peace, and desire to have their names declared, and threaten to remove them, (Jan. 31.) So they withdrew, and the Militia was carried by the remaining party of the Lords.

In Feb, The Ordinance for the Militia. and March, they settle the Militia of the whole Kingdome by an Ordinance, excluding His Maiesty from any power in the disposition, or execution of it.

In Aprill, The Navy-Royall. they possesse themselves of the Navy-Royall. And having put themselves into the strength of the Kingdom,They declare against the Kings Negative Vote, and so against his Legislative Power. they seek to overrule the Royall will and power of the King, by declaring against his Negative Vote in Parliament May, 26.

And to compell the King to governe otherwise then according to his Royall Authority, and directions; as appeares by the 19 Propositions tendred to His Maiesty, Jun. 2.

And upon His Maiesties Refusall of those Propositions, The 19 Propositions▪ against His Gubern [...]tive power. according to the Latitude of their desires, they raise an Army, Iun. 10.

[Page] Though His Majesty by his Declaration, in answer to those Propositions which concern Religion, revives and renews His promises made formerly,His Majesties Answer to the Propositious. (viz. Decemb. 1. & 15.) to remove all illegall Innovations, and to call a Nationall Synod, and to abolish Offensive Ceremonies: professing himselfe also willing to a Reformation of the Government and Liturgy of the Church, according to His Message sent to both Houses, Feb. 14.

And though in Answer to the Propositions which concern the choyce of Privy-Councellors, and other great Officers of State &c. His Majesty promised that He would be carefull to make election of such Persons in those places of Trust, as have given good testimony of their Ability and Integrity, and against whom there can be no just cause of exception: And that if He should be mistaken in His election, and they should offend in their severall places, He would leave them to the Iustice of the Law; to be executed every Trienniall Parliament at the least: shewing moreover, that if the two Houses of Parliament should have the power of electing them; great Factions, animosities and divisions would follow thereupon, both in the Houses themselves, and between the two Houses, and in the Severall Counties also.

Lastly, touching the other Propositions, though His Majesty had fully declared and shewed, that they tended to the depriving Him of the Power of Protecting His People and the Lawes, which He is sworne to maintain; And to the very deposing of Him and of His Posterity; and to the utter overthrow of that Ancient, happy, equall, and well-poysed constitution of the Government of this Kingdome, and to the overthrow and ruine of the Kingdome it selfe, by destroying Monarchy, and therewith Vnity; by introducing Aristocracy, and Division with it, and Democracy, and with it Tumults, Violence, and Licentiousnesse.

Though the King, I say, in His Answer to their Propositions had declared, promised, and shewed this, yet they took up Armes,They raise an Army. without Authority and Commission from His Majesty, and so they levy warre against our Soveraign Lord the [Page] King, His Crowne and Dignity. And they encounter in fight, and kill such as assist the King, and they gave Battell to the King himselfe in Person at Edge-hill.

They insist also upon the same Propositions at Oxford, The same Propositions insisted on, at the Treaty at Oxford. 1643. And upon the King's refusall of them, they prosecute Warre, as before.

Lastly, the Parliament of both Kingdomes offer the same Propositions to be Treated on at Ʋxbridge, And at Vxbridge. 1644. wherein also, they farther desire the concurrence and consent of the Parliament of Scotland, in our Reformation of Religion; in the setling and managing of the Militia of the Kingdome, and in concluding of Peace and Warre with Forreigne Princes.

Besides, they require the Cessation in Ireland to be made voyd, and that the two Parliaments may order the Warre there, and the Militia; and conserve the Peace of the Kingdome of Ireland.

True it is,How the King is restrained already: And how they would farther restraine him. that in some points of Regality and Soveraignty, the King of England is already restrained and limited, so that He cannot rule and governe absolutely as He will, as in making of Lawes (which He cannot doe, but with the Consent of the Lords and Commons assembled in Parliament,) and in declaring of Lawes, (which He cannot doe, but by the proper Iudges in His severall Courts) but in all other things that are not expressely restrained by Law, He is free and absolute, and the Soveraignty both of Iudgement and Power, is in the Person of the King alone: As in providing for the present safety against suddaine danger, and in levying of Armes, suppressing of Tumults, and Rebellion; convoking of Parliaments, and dissolving them, making of Peers, granting Liberty of sending Burgesses to Parliaments, treating with Forreigne States, making of Warre, League, and Peace, giving of Honour, Rewarding, Pardoning, &c. And in these, and the like particulars, it is▪ that they would farther limit and restraine the King, that He should not governe as He hath done formerly, according to his owne judgement and will, informed and Regulated by the Advice of his Councell of State, and Councellors at Law, but according to the judgement, and with the Consent of [Page] both Houses of Parliament in some Cases, according to the judgement, and with the Consent of the Parliaments of both Kingdomes, and in some other Cases they would assume the Government wholly to themselves: and they take up Armes, and fight to force the Kings Vote and assent to severall Bills concerning these particulars, and so at once wholly to overthrow the Kings Soveraignty, Legislative and Gubernative.

But though others may not,Ob. yet the Lords and Commons assembled in Parliament, may rise in a forcible manner, and compell the King to governe as they please, in some cases; and deprive him of his Government in other cases as they please. And others, in obedience to their Authority and Command, may assist in this Warre against His Majesty, without Rebellion and Treason.

This is a false and Treasonable suggestion,Ans. as Owen's was, to corrupt the judgement of the People, and to take off the bonds of Conscience towards His Majesty, by advancing the Houses of Parliament above the King.

And the falsenesse and Treasonablenesse thereof will plainly appeare, upon the due Consideration of the Kings Superiority to the two Houses of Parliament, and of the Relation between His Majesty and the Lords and Commons assembled in Parliament, and between them and us out of Parliament.

1. Touching the point of Superiority between the King and the Parliament,The King superiour to the two Houses of Parliament. the two Houses themselves have long since determined it. The Parliament 25. H. 8. declares thus; This your Grace's Realme recognizing no Superiour under God but your Grace. The Parliament 16. R. 2. 5. affirmes the Crowne of England to have been so free at all times, that it hath been in no earthly Subjection, but immediatly to God in all things touching the Regality of the said Crowne, and to none other. Ergo. The two Houses of Parliament cannot of Right have or exercise any authority over the Crowne, or the Realme, over the King or the Subject of England.

And though some Parliaments called in troublesome times of Faction, as now, and overswayed by those that were the head of the most potent Faction, as at this time, have de facto [Page] deposed and murthered some Kings, yet such instances prove no more claime of Soveraignty in the Parliament, over the King, then a Robber, when he exerciseth an Arbitrary power over a mans person and purse; And the Observator himselfe confesseth ingeniously, that there was never King deposed in a free Parliament: And that the Acts of the Parliament R. 2. were not so properly the Acts of the two Houses, as of H. [...]. and his Victorious Army.

Nor is it Treason only, but impiety also to advance the Parliament (the Representative of the people) above the King, (the Representative of God:) And it is to set up Kings and not by God. (Hos. 8. 4.) Yea and against him too.

2. Touching the Relation between the King and the Lords and Commons assembled in Parliament,The Lords & Commons in Parliament subjected to the King. we must know this: That the high Court of Parliament consists of three integrall parts; the King, the House of Lords, and the House of Commons. The King is the Head, and the two Houses are the grosse Body subordinate to the King; and to be considered 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 subjected to the King in Parliament.

1. In their persons;In their Persons. for the King calls them together and dissolves them. And as they have occasion to petition the King in Parliament they confesse themselves his Subjects: and directing their Petitions to His Majesty, thereby they acknowledge his Soveraignty; Majesty being a Ray of Soveraignty. Yea the very Legislative Acts wherein consists their Parliamentary Eminency speake them alwayes his Subjects, and stile him their Soveraigne: And according to the Information of the Iudges in the time of H. 8. The King in Parliament standeth in his highest Estate Royall, in respect of the exercise of his Soveraigne Authority and power in making Lawes, which he cannot doe but in Parliament. Besides, in token of his Soveraignty and their subjection the King personally taketh Homage and Oath of Fidelity of the Lords, and he Commands the Commons before they Sit and Vote in the House to take the Oath of Supremacy and Allegiance, whereby [Page] they acknowledge him to be the only Supream Governour in this Realme, and sweare to assist and defend all Jurisdictions, Priviledges, Preheminences, and Authorities, belonging to him, his Heires and Successors, or annexed to the Imperiall Crowne of the Realme. And farther the Lords and Commons in this present Parliament have bound themselves by their Protestation, to maintaine and defend with their Lives, power and Estates, His Majesties Royall Person, Honour, and Estate. So the Lords and Commons assembled in Parliament, are in the condition of Subjects to His Majesty, and they have sworne Fidelity and Allegiance to him; and therefore they cannot rise up against the King, and compell him, as aforesaid, without manifest Rebellion, and Perjury also.

2. In their Votes, In their Votes. in passing Bills, and making Lawes; wherein though they concurre with the King necessarily, yet 'tis not by equall Authority but by consent only; not as joynt Soveraignes, but as free Subjects; not as enacting with the King, but as choosing, and preparing and proposing Lawes to be enacted by the King; according to the passage in the Oath, That the King shall Corroborate such Lawes as the People shall chuse: And without this Corroboration, by the Royall assent, which gives life and motion to our Lawes, the Votes of the two Houses of Parliament dye in the wombe where they were Conceived, like an Embrio, and never see the light.

3. Touching the Relation between the Lords and Commons assembled in Parliament,They are our fellow Subjects. and our selves out of Parliament, we take them to be no other than our fellow Subjects, and them with us, and us with them, to be equally subjected to our Soveraigne Lord the King, who is Head both of the Kingdome and of the Parliament, and to none other. Nor are they invested with any Superiority over us, but are armed with some priviledges against us, that we cannot arrest them or their servants during the Parliament: And in case of Rebellion and Treason, they are no more priviledged, then we out of Parliament.

So then the Lords and Commons'assembled in Parliament are wholly subjected to the King, their Persons to his Person, [Page] and their Votes to his Vote; nor are we in any subjection to them or their Votes; nor have they Jurisdiction over us, nor are we bound to the observance of them in any case whatsoever; and our submission to them at any time, is an Act of Compliance only, and arbitrary, and not of obedience and duty.

And their Votes and Ordinances, Their Votes in this Case. in this case at this time, are not legall Obligations upon, but Traiterous Propositions to, and publick Invitations of the people to joyne with them, and assist them in their Rebellion and Treason. And their partakers doe not so properly obey them, (having no Authority of Command) as conspire with them.

Thus the Lords and Commons of England, All one, whether a Rebellion be by the Subject in Parliament, or out of Parliament. being alwaies subjected to the King by the constitution of the Kingdome, and of the Parliament, it is all one whether a Rebellion be hatched, and Acted by them in, or out of Parliament; and if there be any aggravation, 'tis when perpetrated in Parliament, for such Rebellion leaves a Brand upon that Parliament, and is a dishonour to all Parliaments, it involves in the sinne the whole Kingdome for the present, and is an ill president for time to come: and how shall we be ever hereafter liable to change, and upon change to intestine divisions, and to civill Warre, it may be, if (as this doth) so other Parliaments shall, challenge to themselves absolute power to alter the established Government of the Church and State; and if opposed, to take up Armes for effecting it, as at this day.

But though the name of both Houses of Parliament, be used to Authorize and countenance this Rebellion, yet the Lords and Commons generally doe not concurre in this Action: But a great part of the House of Commons, and a great part of the House of Lords, driven from Westminster by the violence of Tumults, and upon the Horror of their proceedings there, doe oppose it, both by their Declarations and by force of Armes.

And the Lords and Commons now remaining at Westminster, A Party of the Lords & Commons, only engaged in this Rebellion. are such as are either professed Enemies to the Established Government of the Church and State, or malitious against His Majesty, and Ambitious of His Royalties, or covetous [Page] of the Revenues of the Bishops, and Deanes, and Chapters; or lastly, such as live in the Counties neare London, and within their Associations, and comply with them for their private interests. And all that those Lords and Commons can truly challenge to themselves, is, that they are the Ring-leaders in this Rebellion and Treason, and that they have made other their Fellow Subjects, their fellow Rebells, and Fellow Traitors.

And let such as take part with those Lords and Commons,Upon what Motives others have engaged themselves. reflect upon themselves, and search their hearts, and examine their Consciences, whether the like Seditious dispositions, and perverse affections, and ambitious and covetous desires, and private respects, did not at first engage them in this Warre, and whether in their Houses they have not prevented those Lords and Commons, rather then observed and followed their commands, all along throughout the whole progresse of their Rebellion and Treasons; and so whether their compliance be not a Traiterous Conspiracy with the Lords and Commons at Westminster, rather then an act of sincere and faithfull Obedience to the Authority of both Houses of Parliament.

It is observed by antient Parliament-men out of Record,Parliaments have not succeeded well in five Cases. that Parliaments have not succeeded well in five cases.

1. When the King hath been in displeasure with the Lords and Commons. So essentiall is the King's good will toward his Commons, that it was one of the Petitions of the Commons to Ed. 3. That the Arch-bishops, and all others of the Clergy should pray for it; and many times are the like-Petitions for the Lords.

Alwaies provided,Note. that both Lords and Commons keep themselves within the Circle of the Law, and Custome of the Parliament.

2. When any of the Great Lords were at variance within themselves.

3. When there was no good correspondence between the Lords and Commons.

4. When there was no unity between the Commons themselves.

[Page] 5. When there was no preparation for the Parliament before it began.

And there is at this time,The sixth Case. a 6th unprecedented, and unparallell'd case; making the present Parliament, not only succeslesse, but also pernitious; even the disloyalty, and Rebellion, and Treason of a party of Lords and Commons of Parliament, who being assisted by the Anti-Episcopall, Anti-Monarchicall Faction about London, and throughout the whole Kingdom, first violate the Liberty of Parliament, by Tumults driving away diverse of the Members thereof; then they make themselves Masters of the Militia, and afterwards they raise an Army, as was pretended,The beginning and progresse of this Rebellion. for the defence of the Protestant Religion, the Kings Authority, and His Person in His Royall dignity, and to maintain the free course of Iustice, the Lawes of the Land, the Peace of the Kingdome, and the Priviledge of Parliament.

And being in a Military posture,Their Proceedings in Church and State. and having the power of the Sword, they Declare themselves to be the Parliament of England, and assume unto themselves a new Capacity of an absolute Body, and independent State, and they take upon them Authority Legislative and Gubernative; and they passe Votes, not in Order to the King, to be proposed to him, and to be enacted by him, but by themselves, and they publish them not as Lawes in His name, but as Ordinances in their own names, and to be put in execution, not in a judiciary way (as our Lawes are) by the Ordinary Ministers of Iustice, the Iudges and Iustices in their severall Courts, and Countryes, but by Creatures of their own making, their Committees and Sub-Committees, and by their Deputy-Lievtenants, and in a way Extrajudiciall and Military. And they force us to submit to them, either by observing and doing what they enjoyn, or by suffering what they impose.

We shall also have (when they can agree upon it) the like Modell of Government in the Church: The Authority to be derived not from the King, but from the two Houses of Parliament, and to be executed not by Bishops, but by Presbyters, and such Church-Officers as the two Houses shall [Page] think fit to ordaine. And howsoever at first they pretended, that they took up Armes for defence of Religion, &c. yet their proceedings have been only against Religion by Law established, and against the King and against Regality it selfe, and against the Lawes of the Land, Magna Charta, and the Petition of Right, and so against the Liberty of the Subject; and lastly against the Peace, and the very Constitution and being of the Kingdom: And they fight against them that defend these, and oppose their usurped power, and new frame of Government, whether their fellow Subjects, or their fellow Parliament men, or their King and Soveraigne himselfe. Yea from the first bringing in of the two Bills, against the Government of the Church, and for taking the Militia out of the Kings hand, all their Proceedings have been only Rebellious and Traiterous untill this day; and they and their Complices have spoken and acted nothing but Rebellion and Treason, if examined and tryed by the Lawes of the Land.

And their Rebellion is an attempt to force and compell the King in some cases to governe otherwise then according to his owne Royall Authority and direction,The present Rebellion. and by force of Armes to deprive him of his Government in some other cases: and to force and compell his Vote and Assent to severall Bills in Parliament against himselfe, and against his Authority and Government: And so at once to subject both his Gubernative and Legislative Authority to the two Houses of Parliament.

And the Treasons already acted for promoting this Rebellion, Treasons already acted, & by whom. are,

The corrupting the judgement of the People, and the taking off the bonds of Conscience toward His Majesty, and the drawing away the Peoples hearts from him, and the setting of discord between him and them, whereby they should leave him, and rise up against him: And these are the Treasons more especially of their Preachers and Pamphleters.

The levying Warre against the King in this Realme.

The deteining his Castles and Forts from him, and his Ships and his Ordinance. And these are the Treasons of those Lords and Commons principally.

[Page] The encountring in fight, and killing them that assist him; and the adhering to the King's Enemies and giving them ayd and comfort. And these are the Treasons of their Souldiers and Contributers.

Thus the Treacherous dealers have dealt treacherously, yea the treacherous dealers have dealt very treacherously, Esay. 24. 16.

And the Treasons to be acted (which I tremble at,Horrid Treasons to be Acted for compleating the Rebellion. and whereof all will be guilty that have any hand in the preceding Treasons) I say, the Treasons to be acted for consummating this Rebellion, are

The depriving, or deposing, or murthering of the King, the Lords Annointed: In every Rebellion the Law intending, as a consequent, the compassing the death and deprivation of the King; as foreseeing that the Rebel will never suffer that King to Live or Raigne, which might punish, or take Revenge of his Rebellion and Treason. And therefore doubtlesse it is, that Sir Thomas Fairfax hath his Commission without exception to fight with, kill, and slay all that shall oppose him.

But God forbid that I should strech forth mine hand against the Lords Anoynted; For who can stretch forth his hand against him, and be guiltlesse, 1. Sam. 26. 9, 11.

And my admonition to them, The Rebels admonished. and to all, and every one any way engaged with them, shall be that of Simon Peter, to Simon Magus; Repent of this thy wickednesse, and pray God, that if it be possible, the thought of thine heart may be forgiven thee. For I see thou art in the gall of bitternesse, and in the bond of Iniquity, Acts, 8. 22. 23▪

And for the King it shall be my prayer, and let it be the prayer of all Loyall hearts.

Plead thou the Kings cause,A Prayer for the K [...]ng. O Lord, with them that strive against him: and fight against them that fight against him.

Lay hand upon the Shield and Buckler: and stand up to help him.

Bring forth the Speare, and stop the way against them that persecute him: say unto his soule, I am thy Salvation.

[Page] Let them be confounded and put to shame, that seek after his soule: let them be turned back, and brought to confusion that imagine mischiefe for him.

Let them be as the dust before the winde: and the Angel of the Lord scattering them.

Let their way be dark and slippery: and let the Angell of the Lord persecute them.

For they have privily laid their net to destroy him without a causes yea, even without a cause have they made a pit for his Soule.

Let a suddaine destruction come upon him unawares, and his net that he hath laid privily, catch himselfe: that he may fall into his owne mischiefe.

And the Kings soule shall be joyfull in the Lord: it shall rejoyce in his salvation. Amen, Amen.

And now to conclude this Tract, The Conclusion. as Sir Edward Cook doth his Chapter of Treason. It appeareth in the Holy Scripture, that Traitors never prospered, what good soever they pretended, but were most severely and exemplarily pu [...]ished: As Corah, Dathan, and Abiram, by miracle. The ground clave asunder that was under them: And the Earth opened her month and swallowed them up, and their Houses, and all the men that appertained unto Korah, and all their goods, Num. 16. 31, 32.

Absalom, who by faire speeches and courtesies stole the hearts of the People, and sought his Father King David's life, riding upon a Mule under the thick Boughes of a great Oake in the wood of Ephraim, where the Battell was, his head caught hold of the Oake, and he was taken up between the Heaven and the Earth: And Ioab took three darts in his hand, and thrust them thorow the heart of Absolom, while he was yet alive in the midst of the Oake, 2. Sam; 18. 9, 14.

Achitophell, Absolon's chiefe Councellour hanged himselfe, 2. Sam. 17. 23.

Shimei, for cursing David, had his hoare head brought with bloud to the grave, 2. Sam. 16. 5, 6. 1. Kings 28. 46.

[Page] Abiathat, the Traiterous high Priest against Solomon, was deprived of his Priest hood, 1. K. 2. 26. 27.

Zimri, who conspired against Elah, and smote him, and killed him, when he saw the City was taken wherein he was, went into the Palace of the Kings House and burnt the Kings House over him with fire and dyed. 1. Reg. 16. 9, 18.

Athaliah the daughter of Omri, who d [...]stroyed all the Seed Royall, was slaine with the Sword, 2. Reg. 11. 16.

Bigthan and Teresh, who sought to lay hold on King Ahasueerus, were both hanged on a tree. Est. 2. 21. 23.

Thewdas, who rose up, beasting himselfe to be somebody, and to whom a number of men about 400. joyned themselves, was slaine, and all even as many as obeyed him were scattered and brought to nought. After him rose up Iudas of Galilce▪ in the dayes of taxing, and drew much People after him: He also perished, and as many as obeyed him were dispersed, Act. 5. 36, 37.

Iudas Iscariot, the Traitor of Traitors hanged himselfe, 27. Mat. 5. And purchased a Field with the reward of iniquity, and falling headlong, he burst asunder in the midst, and all his bowells gushed out, Act. 1. 18.

Peruse over all our Books, Records, and Histories, and you shall find, a principle in Law, a rule in Reason, and a triall in Experience, That Treason doth ever produce fatall and finall destruction to the offendor, and never attaineth to the desired end, (two incidents inseparable thereunto.) And therefore let every one abandon it, as the most pernit [...]ous bayte of the Divell of Hell; and follow the precept in holy Scripture.

My Sonne, feare thou the Lord and the King, and meddle not with them that are given to change.

For their Calamity shall rise suddainly, and who knoweth the Ruine of them both, Prov. 24. 21, 22.

Cooke 3. part Instit. cap. 2.

POST-SCRIPT.

[Page]

And now Reader see the Accomplishment of that Evangelicall prediction.The Postscript.

In the last daies, perilous times shall come, for men shall be lovers, of their own selves, covetous, boasters, Proud, Blaspheamers, Disobedient to Parents, Traitors, Heady, High-minded, Lovers of Pleasure more then Lovers of God; Having a forme of Godlinesse but denying the power thereof. 2. Tim. 3. 1, 2, 4, 5.

Presumptuous are they, selfewilled, they are not afraid to speak evill of Dignities. 2. Pet. 2. 10.

Woe to them, for they have gone in the way of Cain, and runne greedily after the Error of Balaam for a reward, and perished in the gainsaying of Core, Jude 11.

Also Reader Learne and Consider, That what things soever are evill in their own nature (as are Rebellion and Treason) cannot be the Subject of any command, or induce any Obligation of Obedience upon any man, by any Authority whatsoever.

As the Lords and Commons at Westminster have delivered in their Declaration, May. 19. 1642.

Information about this book

Title statement

Transcendent and multiplied rebellion and treason, discovered, by the lawes of the land.

Clarendon, Edward Hyde, Earl of, 1609-1674.

Edition statement

1645

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Text Creation Partnership,

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Date

2008-09 (EEBO-TCP Phase 1).

ID [DLPS]

A79849

ID [STC]

Wing C4428

ID [STC]

Thomason E308_29

ID [STC]

ESTC R200392

ID [EEBO-CITATION]

99861171

ID [PROQUEST]

99861171

ID [VID]

113299

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(EEBO-TCP ; phase 1, no. A79849)

Transcribed from: (Early English Books Online ; image set 113299)

Images scanned from microfilm: (Thomason Tracts ; 50:E308[29])

Source

— Transcendent and multiplied rebellion and treason, discovered, by the lawes of the land., Clarendon, Edward Hyde, Earl of, 1609-1674..

Extent

[2], 26 p.

s.n.],. [Oxford :: Anno, 1645.. (Attributed to Edward Hyde.) (Annotation on Thomason copy: "Nouemb: 10th. Oxon".) (Reproduction of the original in the British Library.)

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