THe King and the two Houses of Parliament declaring mutually, that they took up Arms for the same rea­sons, intents, and purposes, 'tis a wonder how at first they fell out, and a greater wonder that hitherto they are not reconciled.

The Declarations of the two Houses of Parliament. They have the precedency, because they were first in Arms. The Declarati­ons of the two Houses of Par­liament.

In the conclusion of their Declaration of 26. May, 1642. apprehending very justly, that their expressions there would beget at least a great suspition of their Loyalty, they say, They doubt not but it shall in the end appeare to all the world, that their endeavours have been most hearty and sincere for the maintenance of the true Protestant Religion, the Kings just Prerogatives, the Lawes and Liberties of the Land, and the Priviledges of Parlia­ment, in which endeavours by the grace of God, they would still persist, though they should perish in the work.

In like manner, June 2. when they published their Propo­sitions for bringing in money or Plate to raise an Army, they declared, That whatsoever is brought in shall not at all be imploy­ed upon any other occasion, then to maintain the Protestant Religi­on, the Kings Authority, and his Person, in his royall dignity, the free course of Justice, the Laws of the Land, the peace of the Kingdome, and the Priviledges of Parliament. Infinite are their Declarations and professions in this kind.

The Kings Declarations.
June 16. The Kings De­clarations. His Majestie published a Declaration to all his lo­ving Subjects, exciting them to bring in ready money and Plate, and to furnish him with Horse, Horse-men and Armes, for defence of the Protestant Religion, the preservation of his roy­all Person, the Laws, Liberties and peace of the Kingdome, and the Vindication of the Priviledge and Freedome of Parliament.

[Page 2] In his Declaration to all his loving Subjects concerning the proceedings of this present Parliament, Aug. 12. His Majesty saies, That nothing but the preservation of the true Protestant Re­ligion, invaded by Brownisme, Anabaptisme, and Libertinisme, the safety of his person, threatned & conspired against by Rebellion, and Treason, the Law of the Land, and liberty of the Subject, op­pressed, and almost destroyed by an usurped, unlimited, arbitrary Power, and the freedome priviledge, and dignity of Parliament awed and insulted upon by force, and Tumults, could make him put off his long Robe of Peace, and take up defensive Armes.

And in pursuance of these ends did his Majesty offer rop o­sitions accordingly, The Kings Pro­positions con­form to his De­clarations. The Propositi­ons of the two Houses diffe­ring from their Declarations. at all Treaties, where he might propose any thing.

But concerning the Propositions of the two Houses of Par­liament, at the Treaty at Uxbridge, his Majesties Com­missioners truly observed, That after a Warre of neere 4. yeares for which the defence of the Protestant Religion, the liberty, and property of the Subject, and the priviledges of the Parliament, were made the cause, and grounds, in a Treaty of 20. daies, nor indeed in the whole Propositions upon which the Treaty should be, there hath bin nothing offered to be treated concerning the Breach of any Law, They alter the state of the war.or of the Liberty, and Property of the Subject, or pri­viledge of Parliament, but only Propositions for the altering a Go­vernment established by Law, and by making new Laws, by which almost all the old are, or may be cancelled.

I will not here dispute the Power of the two Houses of Par­liament separate from the King, but

That they cannot assent to any thing in Parliament, VVhat the two Houses cannot do in respect of the King and Crown. The Oaths of Allegeance and Supremacy. VVhat they are bound to do for the King and the Crown.that tends to the disherison of the King, and his Crowne, whereunto they are sworne, is acknowledged by the Lords and Commons in full Parliament, 42. Ed. 3.

And, that they neither meant, nor had power, to hurt the Kings Prerogative, is declared by the House of Commons at the pas­sing of the Petition of Right, Tertio Caroli.

Besides by the Oaths of Allegiance and Supremacy they are bound positively, to defend, and maintaine his Majesties Royall Person, with all the Prerogatives, Priviledges, and Praehemi­nencies belonging or annexed to the imperiall Crowne. And [Page 3] they have bound themselves by the Protestation, with their lives, Power, and Estates, The Protestati­on. to defend and maintaine His Ma­jesties Royall Person, Honour, and Estate; Together with the Power of priviledge of Parliament, and the lawfull Rights, and liberties of the Subject: And to their power to oppose all such as shall by force, counsell, conspiracies, or otherwise, do any thing contrary in the Protestation conteined. And that they will not for hope, feare, or other respects relinquish this promise, vow, and Protestation.

And by the solemne League and Covenant, The solemne League and Co­venant.in the preservation of Religion, and Liberties, to maintaine and defend the Kings Person, and Authority; without diminishing his just power, and Greatnesse; And that they will all the daies of their lives con­tinue in this Covenant against all opposition: The Expedient for Peace. Now let the Lords and Commons proceed not according to their Strengths, and Successe, but according to their Legall, and voluntary Oaths; (i.) let them maintaine, and defend the King, and the Crowne, his Majesties Honour, and Estate, his Authority, Power, and Greatnesse; And, an agreement, and peace, will necessarily follow thereupon.

And I appeale to the Assembly of Divines (for their assent, or answer) whether, in point of Religion, and Conscience, An Appeal to the Assembly of Divines. How the two Houses and the Army have al­tered the state of the war. they may proceed otherwise then according to the Oaths, Prote­station, and Covenant aforesaid. And whether they are not guilty of Disloyalty, and perjury, proceeding otherwise? as the two Houses doe, by their Propositions, devesting the King and the Crowne, of the cheife Power, and Government, and establish­ing it in themselves; And as the Army doth, by their last Decla­ration, resolving to settle the Government without the King, and against him, and against all that take part with him: And hence our late Petitions, for his Majesties returne to his Parliament, & Government, were so unwelcome to them. Besides, to involve the People in this damnable Apostacy from their faith, How they would ingage the peo­ple in their de­signes. and al­legiance, to God and the King; and the better to carry on their designes, have they framed an Ingagement for us, to adhere to the Authority of the two Houses of Parliament, (i.) To re­nounce [Page 4] the King, his protection and Government, and to submit to the usurpation and Government of the two Houses of Parliament: And this Ingagement is pressed at this day in the severall Counties and Corporations; but I would have the people of the Kingdome generally to consult their respe­ctive Ministers, How the people should consult their Ministers about the In­gagement. Whether considering their Oaths aforesaid, they can ingage with the Houses and the Army, in their designe against Monarchie, without high disloyalty, and ma­nifest perjury? Or, whether considering their Obligations by their Protestation and Covenant, they ought not rather to oppose and fight against them, for the defence and maintenance of the King and Crownes, and the established Government of the Kingdome?

11. R. 2. The Duke of Glocester, E. of Derby (after­wards H. 4.) with Arundell, Warwick, and Nottingham, inforced the King to call a Parliament, compell him to be there, els send him word they would chuse another, having brought 40000. men to London, and placed them there, &c. and at this Parliament they accuse di­vers Lords and others of the Kings Party (that withstood them) of high Treason, for assembling and conspiring by force to destroy the King, Realme, and Lords; who there­upon were attainted in Parliament. See Speed fol. 747, 748, & 749. the Duke of Ireland routed by the Lords.

21. R. 2. The King having gotten the better of those rebellious Lords, they for their old offence, though new matters were pretended, are in Parliament attain­ted of Treason, and all those attainted by their power, in 11. R. 2. restored.

1. Hen. 4. this King being by one of those five Lords (viz.) Derby, heire to the D. of Lancaster, that procured and inforced the Act of 11. R. 2. which was to that Kings prejudice, revives that Act, and repeales the other of 21. R. 2. made to the disadvantage of him, and his parry, reciting also, that there were so many paines of Trea­son ordained by Statutes, that none knew how to doe, speak or carry themselves, for feare of such paines; therefore the better to draw on his maine end in the o­ther, causes it to be enacted, that nothing shall be Trea­son [Page 6] but according to 25. E. 3. which notwithstanding, divers shifts and evasions were afterwards used to mul­tiplied Treasons as formerly, which so continued till

1. E. 6. c. 12. Enacted that all Treasons and Declara­tions thereof be referred to 25. E. 3. except some Trea­sons in that Act mentioned, as denying the Kings Su­premacy, interrupting the succession of the Crown, &c. by which addition, the former mischief was re­vived; and therefore by

1. Ma. c. 1. All treasons are limited to 25. E. 3. not­withstanding any Act made before or after.

So that the Treasons of 11. R. 2. not being expres­sed in 25. E. 3. are no Treasons now, unlesse they be so declared by force of 25. E. 3.2. the words whereof are; And because many other like cases of Treason (which are not expressed in that Statute) may happen in time to come, it is accorded, that if any other case supposed Treason, which is not above specified, doth happen before any Ju­stices, the Justices shall tarry without any going to Iudge­ment of the Treason, till the cause be shewed and declared be­fore the King and his Parliament, whether it ought to be jud­ged Treason, or other Felony: which Declaration ought to be by the whole Parliament, and not by the King and Lords, or King and Commons, or Lords and Com­mons. Cooke Inst. 3. part. fol. 22.