In the insuing discourse, I am not so to be understood, as that I doe be­lieve the most noble and gal­lant underta­kers heerein at present doe want Com­mission, but the contrary, this being in­tended for the satisfaction of those that be­lieve other­wise or may doubt the case. TO griefe of heart (deare fellow subjects) hea­ring it reported by some friends, some ene­mies unto the peace of our Kingdome, that it is unlawfull and punishable by the Lawes of the Land, to raise force and armes for the restitution of his gratious Majesty without Commission: My duty towards God, mine Allegiance unto my Prince, the dictate of a good conscience, and my service unto the Common-wealth would not suffer me to take rest (for the satisfaction of the Kingdome heerein with­out ingagem [...]nt in defence of this truth, That it is not onely law­full, but also the duty and Allegiance of all and every English man to joyne and endeavour for the restitution of his sacred Ma­jesty unto his Throne and dignity, though without Commission for the same: Where first observe, that my meaning is not to main­taine or defend any subjects whatsoever, their taking up of armes, that is leavying and raising up of Armies without Commission, and that lawfull too, but in case of restitution of his (now imprisoned) sacred Majesty into his Throne and Dig­nity, and this (by Gods assistance) I will make good in dispite of all truth opposers.

By

• 1. The Law of Nature.
• 2. The Law of the Land.
• 3. The Law of God.

1. the Law of Nature makes this good in regard unto

• 1. His Majesty.
• 2. The two Houses.
• 3. Our selves.

1. It is most necessary and lawfull to raise armes for the re­stitution of our gratious Soveraigne, in a respect unto [...]imselfe, because both common policy and duty, binde the Subject by the Statute Law of this Land, to restraine all manner of shame­full slanders against their King,5.6. Ed. 6. ch. 11. and if to defend him from the virulency of tongue and pen, is the duty of the Subject, how much more to rescue him from the violence of the sword, and [Page 3] bondage by the hands of Rebells and Traytours? yea and his sacred Person from all poyson and other danger.

2. In respect unto the two Houses (for the Kingdome neither hath nor ever had interest or concernment, in the Army usually in theThere is no Parliament without a King, neither hath any Au­thority to raise an Army in England but the King: See my kingdoms Remedy. language of the beast, called the Parliament Army) not medling with, but laying aside their Treason and Rebelli­on, the Kingdome hath no ty nor obligation unto them, because they have betrayed their trust, and have deprived them by whom they were intrusted, as much as in them lay of every part of their greatest happines. viz Their God and Religiō, their King & Laws, their Liberties & Immunities, by Tyranny, Op­pression, and Usurpation, and doe refuse and neglect to act and performe any thing tending to their good and benefit, though their owne Oathes, Votes, Protestations, and Covenants, with their Declarations, and Ordinances, would lead them there­unto; therefore the Kingdome may and ought, moving though it were but upon their owne said principles, besides the Law of the Land, to joyne and endeavour for his Majesties Restitution, and restoration unto his Throne and dignity.

3. In respect unto our selves, the people of England; it is Lawfull for these Reasons.

1. Every thing is bound by nature to seeke and labour after the preservation of it selfe, and to prevent its Ruine and de­struction, which of this Kingdome is threatned, by severing and seperating of the King, the Law and the Kingdome, as hath beene somtimes maintained by the opposite party, see that ever to be renowned Judge Jenkins, p. 175 therefore to prevent Ru­ine, and destruction, enjoynes endeavours for the restoration of his Majesty.

2. Considering we have by the two Houses lost our Birth­rights, happinesse, and prosperity, with effusion of much inno­cent bloud, and the expence of vast treasure, which the King­dome can never recover without his Majesties freedome, ho­nour, and safety; without which we shall never enjoy mo­ment of quiet, nor safety to our persons, wives, children, nor estates: and that the King being Medicus Regni, the Physitian of the Kingdome, without him the Nation is irreco­verably sick; and he being Pater Patriae, the Father of our [Page 4] Countrey, without him all English men are miserable Orphans and he being sponsus Regni, the Husband of the Realme, with­out him all England is a widdow; each whereof, much more all, if not remedied will prove fatall, unto so notable a free-born people: unto but common reason therefore the least of these are stronger, and of greater authority then any paper Com­mission signed and sealed by the pretended two Houses, and may move every serious & sober minded man to joyn, & endea­vour for the restitution of our gracious King: and whosoever shall upon sound and honest principles, without sinister ends use his best abilities to effect the same, shall be sure to beget present happinesse to himselfe and his fellow Subjects; and shall deservedly be honoured, and renowned unto eternity, and enjoy present favour with God and man.

2. As the Law and light of nature maintaines this verity, so likewise the Law of the Land, both reast and pretended, first the pretended Law, the protestation, Vow, and Covenant, Solemne League and Covenant, with many of their Ordinan­ces, Declarations and Remonstrances speake for his honour, with heede unto his Prerogative, and hath often promised to make him glorious, with safety, not security of his Majesties sacred Person and estate; but to suffer him to lye in prison, is to maintaine a power above and against his Honour, estate, and Prerogative, and if not timely prevented, will prove destru­ctive to his Person, and the rest which is an open breach of all the foresaid pretended Law. Secondly the reall and true Law of this Land upholds this Truth, Stat. 6. Ed. 1. Liege Homage, every Subject owes unto the King, (viz) faith de membro, de vitâ, & Terreno honore, which is confirmed not onely by the former pretended Law, but also by the Oa [...]h of supremacy: which Oath was taken by every man now in both Houses, though broken by them all; the words wherof to this purpose are these: I pro­mise that hereafter that I will performe all faith, or Alegeance and true obedience to the Kings Majesty, and his Heires and lawfull Successors, and according to my power, to helpe and defend all Jurisdictions, Priviledges, Preeminencies, and Au­thorities granted or due, to the Kings Majesty, his Heires, and [Page 5] Successors, or united and annexed unto the Imperall Crowne of this Realme, so helpe me God, and the contents of this book.

Whoever hath taken this Oath, and doth not to the utmost of his power, labour to helpe his Majesty out of prison; must needes be as guilty of perjury, as they which keepe him priso­ner: this therefore is a sufficient Commission, and is firmely made good by the Statute Law of the Land, as it is peremptori­ly injoyned 26. Hen. 8.2. Yee shall sweare to beare faith, truth and obedience. all, onely unto the Kings Majesty: to beare faith, truth and obedience; there is Commission to doe him all neces­sary service. All, there the Commission is derected unto every Englishman, onely to the Kings Majesty, there all faith, truth, and obedience unto the two Houses, and every other power whatsoever against or besides his Majesty in England is explo­ded and it is neither faith, truth, nor obedience to suffer the Kings Majesty to be a Prisoner; and it was enacted, 14 Edw. 3.5. that all Officers take an Oath, well and lawfully to serve the King, and his people: Whereas permitting and suffering his sacred Person to remaine in prison in Carisborough Castle, is wicked and unlawfull service unto both King and people; againe this Commission is made good St. 7 Edw. 1. The words are these. To us (the King not any other) it belongeth, and our part is, through our Royall Seigniory straightly to defend force of armour, and all other force against our peace at all times, when it shall please us, and to punish them who shall doe contrary, according to the Lawes and usages of this Realme, and heereunto they are bound to aide us as their Soveraigne Lord at all seasons, when need shall be. When need shall be there is their Commission, for can there be more need then when a good▪ learned, wise, holy, religious mercifull, and conscientious King, is traiterously and rebelliously imprisoned, and his Kingdome lies bleeding and gasping at the brinck of ruin through Rebellion and Divisions? See Stat. 25. Edw. 3.2. By the Law of the Land when Treason and Felony is committed, it is lawfull for every Subject, Vid. Judge Jenkins pag. 185. who sus­pects the Offendor to apprehend him and secure him, so that just­ice may be done upon him according to the Law. Idem p. 176. To deliver his sacred Majesty out of traiterous hands, is every man of the [Page 6] Lands bounden duty;Reade Judge Jenkins pag. 18. whosoever they be that shall under­take for the restitution of his Majesty, though without Com­mission, have the Law of the Land for their Protection. 11. H. 7. chap. 1. which you may reade inThat Patri­ot of England. Judge Jenkins pag. 89. but to incounter such in fight as come to ayde the King in his war is guilty of high Treason: Thus you see every English Sub­ject hath sufficient authority, and it is his bounden duty though without Commission, to joyne and endeavour for the restitution of his Majesty. 3. This is warranted unto us by the Law of God: it is a maxime amongst the Divines, contra Rebelles omnis ho­mo miles, every man is to be a Souldier against a Rebell; but lest wee faile, let us ascend higher, St. Paul injoynes us to ren­der unto all their dues, tribute unto whom tribute is due, custome to whom custome, Rom. 13.7. feare to whom feare, honour to whom honour, all which are in the highest due unto our gratious Soveraigne in his severall Dominions. Tribute because he is Gods Mini­ster, custome because he is head over his people, feare because he beareth not the sword in vaine, honour because he is our grea­test, that is Politicall Father, and therefore is he stiled Pater Patriae, the Father of the Countrey: all these dues therefore are due unto him in the first place, not unto any of his Subjects, but as their right and claime thereunto, is derived from him by the conveyance of the Law of God and the Land and all these being primary and principall dues due from us and all his sub­jects; how much more a rescue of his sacred Person out of the Traytours hands, which you see is so strongly injoyned us all by the Law of the Land? Whereunto St. Peter injoynes obedi­ence. Submit your selves unto every Ordinance of man for the Lords sake, whether it be unto the King as supreame, or unto Governours as those that are sent of him, 1 Pet. 2.13. Submit unto every Ordinance of man, there must be no slighting nor neglecting the Law of the Land, but submission and obedience thereunto, for this is most certaine that not the Letter or Decla­ration of the Law of the Land, but the execution thereof. makes it good and profitable; for now by too dolefull and present experience, wee may see that when the Law is misused, dissembled with, or layd aside, or condemned, or is done pro [Page 7] forma tantum, and as they tearme it in France, Par maniere d'acquit only. it will be the certaine ruine (though not at first perceived) of the Common-wealth; therefore this must be done for the Lords sake, because the good of all, is the will of the Lord Paramount, the God of Heaven and earth, and our submission and obedience must be in this order, unto the King as supreame: imprisoning therefore and securing his gratious Person, is not submission and obedience thereunto, because it is an extirpating and expelling his supremacy:For whoso­ever is impri­soned, therein argues inferi­ority unto that power by which he is imprisoned. On the contrary therefore a recovering and restoring his Majesty unto his supre­macy, being so strictly injoyned by the Law of the Land, is a submission and obedience to that ordinance of man: But I will come yet closer who they be that have exploded the ten Com­mandements (judge deare Reader) which are neverthelesse the rule of every conscientious Christians life, the list whereof is, honour thy Father and Mother, &c. which is the first with promise: and that wee may the better understand the honour due, let us first consider in the contrary dishonour, and this shall be in Canaan son of Noah, who dealing undutifully and irre­verently towards his Father, procured a curse; A servant of servants shalt thou be, Gen. 9.25. though his Father in some things was unexcusable, but a wiser then Noah hath denounced a curse upon all undutifull children; the eye that mocketh at his Father, and dispiseth to obey his Mother, the Ravens of the val­lies shall pick it out, and the yong Eagles shall eate it, Prov. 30.17. and if it be so odious to God and man for a childe to be un­dutifull unto his naturall Father, how much more for Naturall Subjects, when they imprison their great Politicall Father, and naturall Soveraigne? whom in the receipt of that Homage of feare from his Subjects, God hath joyned with himselfe, feare thou the Lord and the King, Prov. 24.21. but as God hath linckt himselfe with his Vicegerent in that command of feare from their Subjects, doubtlessely were they able, would have linckt them together in prison; questionlesse therefore a restitution of our gracious Soveraigne Lord the King, would be as accep­table in the eyes of the Almighty, as if it were a restitution of himselfe; and if Gods justice will be so severe upon cursed cur­sing [Page 8] thoughts against a King, that a bird of the aire shall carry the voice, and that which hath wings shall tell the matter, Eccles. 10.20. What will be his punishment of those that imprison their Liege Lord? How gratious and mercifull on the contrary, will he be unto them that shall restore his gracious Majesty? This is an honour both of debt and duty, then which for the present Subjects can doe no greater, and is commanded you see both by the Law of God and the Land, this was the judgement of the childrē of Israel in such a case, they were at a strife for re­stitution of their King. And all the people were at strife through­out all the Tribes of Israel, saying, the King saved us out of the hands of our enemies, and he delivered us out of the hand of the Philistins, and now he is fled out of the Land for Absolom, and Absolom whom wee annoynted over us is dead in battle; now therefore why speake yee not a word of bringing the King backe? 2 Sam. 19.9.10. It was likewise Davids judgement, And King David sent to Zadock, and to Abiathar the Priests, saying, speake unto the Elders of Judah, saying, why are yee the last to bring the King back to his house? (seeing the speech of all Israel is come to the King, even to his house) yee are my bretheren, yee are my bones, and my flesh; wherefore then are yee the last to bring back the King? ver. 11.12. who ever thou art then, that art a Christian, and an Englishman, thou seest not only thy Com­mission and Authority, but thy duty from the Law of God, and the Land, to joyne and endeavour for the restitution of his Maje­sty unto his Throne and Dignity; go on therefore stoutly and couragiously, God who hath given this Commission, will in this cause keepe thee for himselfe; looke up unto God as thy preserver and keeper, and unto his Majesty as the centre of all thy earthly hopes in this Kingdome, and then dost thou rightly feare God and honour the King, and shalt prevaile at the last.

God save the King.