Questions resolved, and propositions tending to accommodation and agreement be­tweene the King being the Royall head, and both Houses of Parliament being the representative body of the King­dome of England.

The first Question.
1. Whether a King be ordained of God for the welfare of the people, or the peo­ple appointed subjects to the King for the honour and pleasure of a King.

THis must needs be resolved that the King is instituted of God by his divine Ordinance, but by subordinate meanes of the people their first and primary Election, or by their approbation of his prece­dent Title or allowed merits, wherein though it be an hereditary or suc­cessive right of a Crowne; Yet is that inheritance or succession either originally and immediately given, or subsequently and mediately appro­ved and allowed to him and his posterity by the people: And by and with the meanes of the Lawes, Customes, or Consttutions of the Nati­on whereof he becometh the head and Governor. To the end that hee may and shall Rule, guide and governe and protect the people under his charge and care in the true worship and service of God, with love and faithfulnesse, and with such tendernesse as a Lord and Master ought to use toward his family, a shepheard towards his flocke, and a father to­wards his deare beloved children. Not that he should in any wise like a domineering Master cruelly beate and evill intreat his servants, or an hi­red (no true) shepheard, neglect or peele his flocke; or be carelesse of their protection and fafety from ravening Woolves, and biting Curres. Nor as an unnaturall and hard hearted father, grieve and afflict his chil­dren with overmuch chastisement, or give them stones instead of bread. And although it cannot be denied that the Kings of Israel were anoyn­ted by the holy Prophets of their time by the immediate appointment of God their proper King and heavenly father, who miraculously ruled, guided and protected them from the beginning before they had any earthly King like other Nations: Yet when they desired a King (like as other Nations had) the Lord then told them what such Kings did and [Page 2] would take upon them and use to do. Not that God did appoint or as­signe or allow them so to do; for God did not tell any King by the mouth of his Prophets, that hee would give him a people to use at his pleasure, but he granted the people a King to guide and command them as he Moses long before. And when Saul their first King was chosen (be­ing the tallest man among the people) and annoynted by the Prophet to be King over Israel (which height of stature did onely note that the people should remarke the height of his dignity when he was set o­ver them) The declaration of Gods divine grace and holy Spirit infu­sed by the word of the Prophet made him fit and worthy to Rule (yea even to prophecy among the Prophets) and so was he accepted by the Acclamation of the people. For no sooner that Divine Spirit of grace had left him, but he became an Apostate from God, and his religious du­ty of well governing as a King; and was thenceforth relict of God, and neither the haughtinesse of his stature, nor the dignity of his Throne availed him any longer; but the youngest and least of Ishai his sonnes was chosen from the sheepfoldes to be King and to Rule and Go­verne Gods people, which after his annoyntment by the Prophet and the time of his exaltation to the Crowne, he governed with a faithfull and true heart, and ruled them prudently with all his power. And in after ages the Chronicles of the Kings doe shew how often the good Kings that maintained the true Worship of God did long continue in their States and Thrones and flourisht, but such as were evill, and set up Idols and hill Altars, and caused or suffered the people to sinne against their God, God did rend and divide and utterly take away their Kingdomes from them. Onely it is specially remarkable of the good King Heze­kiah who had slipped and erred, but repented and recollected himselfe, that the mercifull God quickly heard his prayers and saw his teares, and added to his daies and happy Raigne fifteene yeares; which number if it be added to our good King Hezekiah, his Raigne will exceed the time of many of his progenitors. But God may please to adde fifty in steed of fifteene, and then the yeares both of his life and Raigne will exceed all his noble progenitors.

The like is to be observed of Christian Kings and Emperours after but Saviour his Incarnation, and that the Christian faith was established; they had their Annoyntment from God by the hand of the Bishops, but their acceptance was by the people. And it is manifest that both the ancient Kings of Israel before the Incarnation of our Saviour, as also all Christian Kings since were bound by Oath taken, or by Royall obliga­tion to Rule and Raigne by and according to the Lawes of the Land. [Page 3] For Bartolus saith, a King is Solutus legibus, but obligatus vinculo pietatis, to rule secundum leges. Of all which it followeth, that Kings Raignes are provided by God for the welfare of the people, and their honour and dignity prolonged in reward of their righteousnesse in government ac­cording to the Etymologies of the termes or titles, Quia Reges dicuntur a regendo in pace secundum. Regulam & normam Justitiae. Imperatores autem ab imperando in bello. Tyranni [...], quod est saeuire in populum.

The second Question.
2. Whether a King maketh or imposeth the Lawes upon the people, or the Laws and ancient, native and nationall Customes of the Land do erect and establish the Throne and Crowne of the King?

IT is usuall indeed amongst the flattering Courtiers and Royalists in this kingdome to terme the Lawes the Kings Lawes, Quasi dicerent, the King doth imponere leges populi. But that is their ignorance. For the Lawes of England are most ancient right and rites and Customes of the Land, Non Juradata, nec leges impisitae, sed usu & longaevitate temporum in­ductae & tanquam innatae. For if it be as truely as vulgarly said, Consue [...]u­do est altera Natura, Then are our Customary Lawes the most naturall Lawes of this Land; whereby also appeares the Levity of their con­ceipts or Judgements, who having stepped a little over the Seas in a Flie boate, and parled a little French in Paris or Orleance, do peremptorily as­sume upon them to define and pronounce that our Lawes are illiterall and imperfect, and that the Civill and Impertiall Law in other parts of Christendome are the most excellent, absolute and best Lawes for all, and for this Common wealth. Forgetting (in meane while) that even in those Forraigne Lands where the Civill Law, Romane or Imperiall, hath place and Rule, the Naturall and Nationall or provinciall usages and Customes there doe abridge and restraine the Generall Rules, Theses, or Hypotheses of that Generall Law.

And for our Statutory Lawes called Jus Statutorium, they are not In­dicta or promulgata, but Enacted, Statuta facta, or Constituta by the King and both Houses of Parliament. In which the chiefest consideration and ponderation of the reasons of making of them are most in the de­bate and voting of both Houses, and the Royall assent is only left to the King with a le Rey le veult, or his di [...]assent stayeth them; yet not peremp­torily, but with a modest answer, Il Rey se advisera. Neither is the abro­gation or remission of any penall Law received left to the King, though it be onely malum prohibitum, not malum in se. But his Majestie may dis­pence [Page 4] with, or remit the penalty of a Statute, and that not meerely and perpetually, but onely Ad tempus, and that not de Jure, but by his prero­gative Royall, upon collaterall or accidental event happening ex post facto, after the making of the Statute, yet not without cause or consideration, and for experience of some further or more weighty cause or considera­tion of benefit or conveniency to the Commonwealth, which being dis­covered to be prejudiciall to the Commonwealth, then the Letters Patents of the dispensation becommeth voyd in Law, and frustrate, and vanisheth againe, or is made utterly voyd and condemned for ever at the next Par­liament.

The third Question.
3. What power or prerogative the King hath Supra legem, praeter legem, or contra legem terrae.

ALthough it was anciently said by a King of this Land H. 3. Nolu­mus praerogativam nostram disputari, yet that was answered againe by the Peeres and Barons in Parliament with another Nolumus: Nolumus le­ges Angliae mutari. So that with favour and good manners and duty the Kings prerogative may bee talked of in respect of the Law of the Land, and of the naturall right and Liberty and property of the Subject. And thus it is resolved, That the King hath in some Cases a regall power or prerogative supra legem, and in some Cases praeter or ultra legem. But in no Case hath his Majestie power or prerogative contra legem Terrae or Statuta Regni.

The Cases of example wherein his Majesty may by his great Seale do something supra legem are diverse; but especially those of his mercy and Grace extended to delinquent Subjects that fall into some offences and danger of Law by trespasses or felonies. Although the Law be positive and penall condemning the offenders, yet his Majesty may pardon them the trespasse or felony, and the punishment, fine or forfeiture thereupon, Quoad interesse suum: but therein also the Law doth stay or restraine the Kings power, that he cannot by his pardon remit or give away Interesse partis: But that the party grieved or wronged, may and ought to have his action; And the sonne or wife may have and prosecute the Appeale, de morte patris or viri, and the King by no power Imperiall can take it from them.

The Cases praeter legem, are some dispensative Proclamations or grants of experience, whether something be pro bono publico or not, as for impor­tation or exportation of some or other forreine or native Commodity, [Page 5] or the exercise or practise of some new invented Art, Science, or Mystery among the people, which having most commonly the specious shew of good, yet no sooner that it be discovered to be hurtfull to the Com­monwealth, or derogatory to the liberty or property of the Subject, or that it bring on any burden, taxe, or charge, or doe secretly exhaust, or diminish the rightfull profits of any Trade, Mystery, or Science, before lawfully used, or belonging to any of the Kings Liege people, or Sub­jects, then the same is to be abhorred, condemned, and suppressed, as an odious project, monopoly, or unwarrantable thing. And the Rule and reason of Common Law, which is that In omnibus salus populi suprema Lex esto, hindereth that no Regall, or Prerogative power can uphold or maintaine it, though the case be praeter Legem, and not provided for by any Statute; Or if it be provided for, and the King hath dispensed by a Non obstante.

The Cases of example Contra Legem, are either when the King doth grant, Authorize, or permit any thing whatsoever against the Common Law of the Land, or the rule or reason thereof, such his Majesties grant by Letters Patents, Proclamations, or other Commands, or such licence or permission cannot be, nor is of any force, or can, or ought to stand or be used, practised, or suffered in this Land. And this is first to be understood of the Common Law of this Land, in point of Commuta­tive Justice, that concerneth the right and interest of every Subject, viz. Jus personarum, rerum & actionum, of every man, whereof the first is ex­pressely preserved by the great Charter of England, Nullus liber homo ca­pietur, imprisonetur, &c. The second is secured to every man, by the Law of property, wherein it is said, Quod nostrum est, sine furte aut assensu no­stro a nobis tolli non potest, upon which no Regall power or Prerogative can trench. And the third, both by the words of the great Charter, Nulli negabimus, &c. justitiam, and by the Statute Ordaining that every man should enjoy the benefit of Law, and Courts of Justice for his Free­hold Lands, Goods or Chattels. And that neither the great Seale, nor Privy Seale, should hinder the due course of Law.

Secondly, in point of distributive Justice, either in paena or praemio, for good or evill behaviour in the publique conversation or actions of one towards another. And in this part of Common Law of the Land, Malum in se is most concerned, that vice should be punished, and ought not to be spared by any Regall power, leave, or licence in any case what­soever, for it were improper that the King (being Gods Vicegerent) might or ever should connive at, or leave unpunished, any crime or of­fence, contrary to the Commandements of God, or the Law of Nature. [Page 6] For his Majesty is said to be like God, Dixi Dii estis, and the Schoole­men say, Deus non potest ma um agere quia non vult, & non vult, quod non potest: according to which the Lawyers say, Id possumus quod de jure pos­sumus, and that Le Rey ne poit faire tort. And for the malum prohibitum, by Statutes or Ordinances of Parliament, his Majesty cannot, nor will goe against them, but in Tutiorem partem, to pardon where there is hope of amendment. Otherwise see the Statute of Northampton, wherein some odious crimes are denyed the King to pardon. Wherefore so it is, that if the King, through that naturall propensity of Kings (spoken of by God himself) doe more then he should doe toward the people, or that by his omission some enormities are crept in, then it behoveth him to call together his great Councell in Parliament, to advise with them for his owne better direction, and for Reformation of abuses, and Corre­ctions of such as have abused and misled his Majesty, whereupon the fourth Question ensueth.

The Fourth Question.
4. What Power or priviledge the High Court of Parliament hath, when they are assembled together; and are become the Representative Body of the Kingdome?

IT is Resolved, that they, with the Kings assent, may, as cause shall require, make new Lawes, or abrogate any former Statutes; But the maine Common Law, and the Ancient Rites, Usages, and Native Cu­stomes of the Land, they themselves cannot alter. For (as the Lawyers phrase is to say) it is Oppositum in objecto, that they that sit by the Com­mon Lawes, and by the ancient Rites, Usages and Customes of the Land, should alter and change that which gave them their Authority to be a Representative Body.

Also the two Houses of Peeres and Commons Rege absente & non con­sentiente, may declare the Common Law in Cases where doubt is, or ambiguity or difficulty, but they can make no Law without the King, to stand as a Law and Statute. Onely they can make temporary Ordi­nances of Parliament, like Orders or Sentences interlocutory, sendente Paerliamento, and they may censure and punish delinquents.

But in case the King will not call a Parliament, as in Richard the se­cond his time, when the urgent occasions of the Common-wealth re­quired it; the Peeres called the Parliament. Then the Peeres and Com­mons can doe all things as a compleat Parliament without the King. And at this time the Kings Majesty having called a Parliament, and so sarre proceeded as he hath done already, in making some good and [Page 7] wholesome Lawes for Reformation of the greatest errors and abuses that ever were in this Common-wealth. And especially having condescended to a Trienniall Parliament to be for ever hereafter, and neither this pre­sent Parliament, nor any Parliament hereafter assembled, to be dissolved without the consent of both Houses: Yet now his Majesty being sedu­ced by evill instruments, doth dissever himselfe from his Parliament, and by his absence, doth (as they say) hinder their proceedings, to the making of good and wholesome Lawes, for the kingdome and Com­mon-wealth. What i [...] this Case may be done, is not to be resolved by any wit or judgment, but by the absolute Wisedome and Authority of that high Court, consisting of both Houses, to whom in all humble­nesse the Writer hereof leaveth it.

Neverthelesse, with the like humility and awfull feare of offence against the Publique, and with a faithfull zeale to the Common-wealth, he of­fereth these considerations, scrutative of the matter or cause of the va­riances betweene his Majesty and his great Councell of Parliament, viz.

What is the very true cause of his Majesties absence, and severance from his Parliament sitting at Westminster, whither they were first summoned, and which is the most convenient place of their assembly and fitting?

The King alledgeth that it was the tumultuous riot of the disordered Londoners, rash and young Prentices, and of furious and fanaticke Brow­nists, Anabaptists, and Sectaries of the City and Suburbes, pretending to cry out against Bishops, but intending and offering affront and dis­loyalty to his Majesty, his Regall authority, whereby his royall Per­son was indangered at Whitehall, had he not had a Guard about him, and so his Majesty saith, they were like to doe againe, if he were at Lon­don.

The Parliament saith, it was a malignant party of Cavalieres, and o­thers not well affected to peace, and enemies to the Common-wealth, who by flattery and false in sinuations did disswade his Majesty from con­curring with the grave advise of his great Councell. And the Papists, and papall affected Bishops, dreading that their plots were discovered, and like to be prevented, and the delinquents punished by the more sc­vere Lawes or Orders of the Parliament, did incite his Majesty to pro­ceed in that ill advised Course.

And further, that such the malignant party seducing his Majesty, en­devoured to bring in imperiall power and Arbitrary rule for his Majesty to over-rule the Lawes, and ancient Usages, and Customes of England, and the priviledges of Parliament, and abridge the liberty and property of the Subjects. The evidence whereof hath beene partly shewne forth [Page 8] by some Declarations divulged, and Printed by Order of both Houses of Parliament, expressing the precedent attempts of foraine force, and do­mesticke, and coercive power of Armes, which late before the Parliament, was plotted and put in way of constraint upon the Common-wealth. And that moved the Parliament to crave and assume to themselves the Militia at home, for the securing of the Coasts of the Sea, and of guar­ding and fortifying the Ports and other places at Land. That though his Majesty were seduced and misled by the malignant party, and their Complices; Yet his Royall Person, Crowne and Dignity, should be preserved in peace and safety, and the Common-wealth and people should be defended and kept in peace and prosperity, maugre the devillish plots abroad, and within the bowels of the Land, by Papists, Priests, papall Bishops, bloody and rapinous military men, Captaines, and Cava­liers, whose disposition was, and is properly bent to warre and blood­shed, and to rapine and spoile, and to make their prey on the wealth of the rich Citizens and other the quiet people of the Land.

The King contrariwise taking high displeasure at that part or point of the Parliaments Demand for, and touching the Militia, Alledged that the right of Militia, or Command of Armes within the Land, belong­eth properly to his Regality, and as a Flower of his Crowne, not to be assayed, or attempted by any Subject, no not the High Court of Parli­ament, though they be the Representative body of the people, no more then it could be lawfull for the people themselves to rise and take Armes against their Soveraigne King.

Wherein, as by some Written and Printed discourse or Declaration, It hath beene already avowed, and maintained, that the Militia was not improperly desired of and from his Majesty, nor unlawfully assumed by them for a certaine convenient time. They perceiving more then the King or people doe know of the imminent danger both of his Royall Person, Crowne and dignity, and to the priviledges of Parliament, and to the Lawes of the Land, and Liberties of the People like to beene subverted, and most especially the whole honour and true worship of God, and true Protestant Religion to be overthrowne, may and will, by and through Gods grace and assistance, prevent and pervert or quell and sub­due the evill and wicked attempts of all the malignant opposites. It is therefore by all true and sound reason of all Lawes, Divine Lawes of Nature and Nations, Civill policy, and the Provinciall Rites, Usages, and Custome, which are the Lawes of his Land, resolved that the Mi­litiai to be distinguisht of, and the point defined and determined thus, viz The King of this Land no lesse, but as much, and as amply as any [Page 9] other Foraine Christian King hath in himselfe, and pertaining to his Regalty, Crowne, and Dignity, the Jus Militiae, at all times to use, and to lead and to command by his Lieutenant, the Generall and Cap­taines, for the safety and peace of his Land and people, against any fo­raine foes, or domesticke trayterous enemies: But this is to be under­stood, when his Majesty, with his owne prospective eye, and watchful­nesse, or by the advice of his Privy Councell, before Parliament or great Councell in Parliament, hath or doth discover the Plots or purposes of foraine enemies intending mischiefe, assault or ruine, by Invasion foraine, or of domesticke traytors, by Insurrection and Rebellion at home.

For in truth it is a Flower of the Kings Crowne, and an incident of his Regality, (as he is a King) to have Liberam & absolutam potestatem, or, Jus Bellum indicendi & gerendi, to or against any Foraine Prince or Potentate; and againe, Jus & potestatem pacis contrahendae & paciscendae, with any of them: and thus all the learned Authours, writing of Law and Policy, by the Titles of their Bookes de lege Regia, have averred, and maintained, and it is not to be denyed, because the King is the head of the body politique; which compared to the naturall body, wherein the five senses are operative, and doe their Offices by their Organa rite di­sposita, yet the naturalists doe affirme, that the Communis sensus is in the braine, or in Occipite, and that per discursum practicum, it judgeth and resolveth of the other senses, their pleasing or being usefull and pro­fitable to the whole body, or offending and annoying it: And so the King hath the Jus militiae, or power and command of Armes at home, throughout his kingdome, for he hath Potestatem vitae & necis, as the Civilians terme it. And in our Law, the death of any is to be accoun­ted for to the King, and the taking away of any Liege Subjects life, is in the Indictment said to be Contra Coronam & dignitatem Regis. But all this notwithstanding the generall position of the Jus Principis, or Lex Regia, placing the power of Armes and Militia, in the Crowne, yet his Majesty cannot otherwise levy the Militia, but by lawfull meanes, and not by Commission of Array, as lately hath beene, for that is an un­due charge, not warranted by Law. And in case of particular accidents that the King the Head, be mis-informed of his and the Common-wealths enemies, conceiving them to be friends which are secret and de­sperate adversaries, complotting clandestine Ruine and destruction to the body, and refuse to afford ayde for the prevention of imminent dan­ger; will any judicious man doubt but the eyes of the body, being the great Councell of Common-wealth, discerning the mischiefe and dan­ger, doe well and providently, if they call the Armes and Hands to [Page 10] strike and fight, the Loynes to joyne in strength, and Legges and Feet; to goe and runne to helpe to defend the Totall, that so the Head being disquieted with ache and paines, may be preserved in rest, and quiet re­pose.

Wherefore in such case as now it is here in England, the Representa­tive body hath, and in all Reason, Prosalute Regis & Populi, ought to have and to use, and command the Militia, throughout the Land, un­till such time as the King be better informed, and the Common-wealth and Body be setled againe in peace and safety, and that then some pro­vident Law concerning the Mi itia, be made for time to come, to prevent such like accidents as this hath beene.

And hereupon it may be considered, whether the two Houses of Peeres and Commons, had not cause to demand the approbation of some Of­ficers of State. The Militia not consisting meerely in the having of Armes, but also in the power of force to defend against Invasion, or the fierce­nesse of an Enemy, wherein if such Officers as should be intrusted with the power and force of the Armes, and with the custody of the Forts, and other places of strength within the kingdome, should not be well and truely affected to the government of this Land: How easily may it be perceived, those strong holds, which already are, or at least are in­tended by the wisedome of the Parliament, shortly to be fortifyed for the greatest defence, will or may become the greatest offence, and those Bands of Military Forces, which are supposed to be for the safeguard of the kingdome, turne to the Ruine and Destruction of the Common-wealth?

These then being the true and genuine causes or motives of the wo­full severances betweene the King and Parliament, whereat all true hearts have grieved; What presumption shall it be deemed in a true English heart, bleeding with compassionate sorrow, for the head and body Po­litique so miserably indangered of utter perdition, by unnaturall and ci­vill broyles, which Lucan writing of, lamenteth and describeth in these words and lines,

Bella per Ematheos plusquam Civilia Campos,
Jusque datum sceleri canimus, populumque potentem,
In sua victrici conversum viscera dextra,
Cognatasque acies, &c.

If I say, such a true hearted English man, doe propose these Soveraigne Salves for so deadly a sore, and these present Remedies for so despe­rate a sicknesse, to prevent the instant death and desolation of this fa­mous and renowned kingdome and Nation, whose people were of old [Page 11] time surnamed Angli quasi Angeli, or ab Angulo dicti, as being in an angle or corner of the world, and severed from the rest, according to that of the Poet, Et penitus toto divisos orbe Britannos; And which some Divines terme one of the beloved Isles of the Gentiles, wherein the Go­spell of Christ was soonely Preached after his Ascension.

1. First then may it please his most Excellent Majestie piously and re­ligiously to turne his Royall Heart and gracious affection toward his great Councell of Parliament, who doe represent all his deare people, and be advised by them, no more to respect or give eare to those Syrene hallucinations of flattering seducers, the Papists and Jesuite Priests, the Papally inclined Bishops, who stand so much for their Hierarchy, as that they with Demas have forsaken the purity of the Gospell, and neglect the Preaching of the holy Word of God, and have imbraced this pre­sent World, making themselves Lords over Gods Heritage, not true Shepherds to feed his flocke, as they ought to doe, in Season, and out of Season, and to waite upon the All-seeing eye of Gods providence for his beloved Spouse the Church, to be purged and cleansed of her late inbred and inbrought corruptions.

2. Secondly, that his Majesty will abandon and quite put away the thought or imagination of any Tyrannicall or Imperiall Government o­ver this Land, which the Papall Bishops and Hierarchicall Prelates and Priests, and other Lay Flatterers, did presume to use daily, and insi­nuate and inculcate to his Sacred Eares, under the pretence of telling his Majesty, that he is an absolute Imperiall Monarch, free and above, and without all Lawes, to Rule his people ad Arbitrium Principis, and that he being Gods Anoynted is responsall onely to God, if he doe tyran­nize or grieve his Subjects; Whereas they are or make themselves utter­ly ignorant of the true State and quality of the kingdome of England, after the old triple distinction of Empire, written by Bartolus and Bal­dus, the best Civilian Doctors, viz. That there is Imperium merum, and Imperium mixtum cum Jurisdictione, and that in some places there is onely Jurisdictio sine imperio, as is the state of the Low Countries, and other Aristocraticall and Democraticall Governments: whereof the first, i.e. Merum Imperium, was the Romane Empire gotten meerely by the sword, and for the most part kept by the sword, according to the saying of Justin the Historian, in the beginning of his Booke, Im­perium iisdem modis tenetur quibus paratur. And by that Empire, Princi­pis placitum legis babet vigorem. As Justinian in the first of his Institutes [Page 12] mentioneth. The second, i.e. Mixtum Imperium cum jurisdictione, is the Crowne or Kingly power of England, Monarchichall indeed; for Rex in solio is sine paci; But in Parliamento or Concilio regendi, he hath Pa­res Regni, i.e. Peeres, so dignifyed by him, and honoured from the Fountaine of his Majesties Honour. And he hath also the Communita­tem Populi, which the blessed, and ever prosperous Queene Elizabeth ac­counted sibi preciosissimam. And all these three States of King, Peeres, and Commons, were happily Conjunct and preserved together, by the li­gaments of the ancient Lawes of the Land, and Priviledges of Parlia­ment, which Lawes and Priviledges were never subjugated by any con­quest; but ever over-lived the change of Kings, and appeased force, and induced Kings into their setled Reignes here. According as that learned Chiefe Justice, Sir Edward Coke, was bold in presence to tell his Ma­jesty, the late King James, of famous memory, That the Law set the Crowne upon his head. Whereat his Majesty seemed angry, but was so prudent and wise, as not to be so. And the old learned Bracton, that wrote like, as he was, a studyed Civilian, as well as a Judge of the Com­mon Law, in King Henry the second his time, adviseth every King of this Land in these words, Id tribuat Rex Legi, quod Lex attribuit ei.

Which two maine points or Principles in this present state of Eng­land, that is to say, the Church Government established with the true Protestant faith and Religion, and the free Regall power, qualifyed with the Naturall and Nationall Lawes of this Land, the untouched Priviledges of Parliament, and the Rites and Liberties of the people, being not onely Cordially professed, and protested by his Majesty, but secured by the high wisedome, and care of the Peeres and Commons, and his Majesty joyously returning to his beloved Parliament.

May it please the Almighty God of his infinite goodnesse, so to inspire both King, and Peeres, and Commons, with his Divine grace, that A­narchy, and Dissolution of Church Government be avoyded and pre­vented by due restraint, and correction of all Sectaries and Schisma­tickes, Brownists, Anabaptists, &c. Who in truth, if they might ob­taine their fanaticke intents, would have no King at all over them on Earth, nor Church, or materiall Churches; But in rapture of the Spirit would fly up to Heaven for the Judaicke King, and in the meane time would hold their Church and Conventicles in the Aire, or Woods or Barnes, or Stables, or in their owne holy breasts, whereas though Christ himselfe said his kingdome was not of this world, yet he taught his Disciples, that in this world they should obey Kings, as of Gods [Page 13] ordinance, and be tributary to them. Date Caesari quae sunt Caesaris.

And that no conceit of any popular or plebeian sway in this Land, be in any true English heart: But that the Members of both Houses may so prepare good and wholesome Lawes for the Church, as may quite extirpate Popery, and prevent Schismes, and all rendings or divi­sions of Christ, his seamelesse garment of unity of the Spirit, to be fast girt with the bond of Peace. And for the Common-wealth that never hereafter there be any more Inrodes upon the Lawes, priviledges, or Li­berties of free English men.

That finally God may be truely honoured, and purely served and worshipped, his holy Word rightly dispensed, and his Sacraments duely and decently administred; And then his Heavenly blessings will undoubtedly showre downe upon this little Isle of Great Britaine, and the words and wishes of an Ingenious Votary may be fulfilled.

Long live King Charles, and leave
Brave Britaine to his Sonne,
And he to his, and they to theirs,
Ʋntill the world be done.

In this Treatise may be discovered and noted six sorts of malignant parties, a­gainst this unity of King and Parliament, and the happy effects and fruits thereof.
Whose Corrections or Reformation, if it so please God, the King, and Parlia­ment, may be as followeth.

1. All Papists, Priests, and Lay, who certainly in their secret dispositi­ons (whatsoever they make shew of) are against King and Church of Eng­land, and do plot and practise the advancement of Popish religion and Church, and to bring in againe that forreine usurped power of the Pope, Supra Reges, which is banished and abolished by the Statute. 1. Eliz.

These may and ought to have the Law and Statutes of the Realme put in execution against them, and more severe if neede bee to compell them to come to Church and receive the Communion, which if they will doe, then let them not be branded with a name of Church Papist, so to de­terre them and drive them out againe.

2. All papal affected Bishops and Clergy, who though they contrari­wise to the Papist Priests profer to obey Kings, yet in their hearts could wish the Clergy to be separate from the Kingly Authority and Tempo­rall Law, but to beate downe Law and Priviledges of Parliament, doe Hyperbolically exalt and extoll the Monarchicall Arbitrary power of the King as above and solute of all Law, and responsall onely to God.

These must know their error and ignorance in their Tenets of Kingly power and government within this Realme, and be told by Sir Edward Coke, if he were living, that never any man in England kicked his heele a­gainst the Lawes of the Land, but in fine the Law brake his necke; and let these Hierarchical Bishops be corrected of their superbity, and reformed in their superiority and domination in the Church and their worldly mindednesse in Country and Commonwealth, as please the King and Parliament.

3. All Court flatterers and Royalists, who daily in their affections and discourses maintaine absolute and Prerogative power in the King, to grant by his Letters Patents, what and how he will, above the Lawes and Statutes, and would have Proclamations to be Lawes, that so they might have Monopolies and projects to serve their turne.

These weake men of Learning for the most part, in the deepe points [Page 15] of Law and policy, must be taught to wait on the King their Master, with all diligent service and attendance, and leave off their discourses of King­ly Authority and of Parliamentall Priviledges and force of Lawes, and content themselves henceforth with the King their Masters reward of their service, without peeling or preying on the people with their Mo­nopolies and Projects.

4. All Cavaliers, Captaines, and Martiall men, who desire warre and tumult and disturbance in the Land and Commonwealth, that so they may have rapine and spoyle.

These must be sent into forreine parts where they may freely have and take their rapine and spoyle upon forreine Enemies, and not to rake the bowels and baggs of their owne Countrymen. And there also they may gaine honour by valour, which here is not to be used.

5. All Sectaries and Schismatickes of the Church, who disaffect go­vernment, either Royall or Ecclefiastique.

These must learne to Conforme themselves to the uniformity of the Church, and to obey and submit themselves to their lawfull King, who is the Lords Anoynted, and set over them by his divine Ordinance.

6. All popular and plebeian Humorists, who do affect and desire De­mocracy, (which they terme or call a Free state) and by their leaves be it said, they would have neither this King nor his posterity, nor any King to sit on the Throne.

These must be put in minde, or made to know, that Monarchy qualifi­ed by Law is the best Government. As the old Poet Homer, [...], and so all the best learned Authors writing of States and Policy do af­firme and conclude, and the ancient Histories of England do shew that here was ever one or more Kings. But this Land never more flourished, then since it hath beene now these six or seven hundred yeeres, under one Christian King, ruling according to the ancient Lawes, Usages and Cu­stomes of the Land.

FINIS.

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