TRANSCENDENT AND multiplied REBELLION AND TREASON, DISCOVERED, By the laws of the Land.  
I had not known sin 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 lie in Wait for the Righteous, because he is not for our turn, and he is clean 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.   

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 political and regal Authority and Power, and the Author thereof.  
political Authority, 
political and regal power, & the Author thereof.  is the power which the supreme Magistrate hath over men's 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 laws of the Land. The original 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 angels: For the Creatures generally are under the commandments, Thou shalt not kill, Thou shalt not steal. And then cannot by any Authority of their own, warrant any man to take away another's Life without murder, 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 natural Dominion over all, can Authorize in these cases: And he gives this Authority to Kings and other supreme Magistrates, his Vicegerents, and Deputies here on earth, for the administration of justice, and for the effectual Restraint of sin and Vice, by the utmost of Corporall and temporal punishments, and for the maintenance of Order and Government amongst men. And so the Apostle tells us, That there is no Power but of God, Rom. 13. 1. And in the Scripture Kings are called God's anointed; anointed with power, as the Holy Ghost phraseth it, Act. 10. 38. Yea they have the Compellation of God himself, because, saith Mr Perkins, they partake of his Power in their Authority, and of his glory in their Majesty. And Daniel tells us thrice in one Chapter, That the kingdoms also are God's, and he giveth them to whom he will. 4. Dan. 17. 25. 32. For instance, 'tis by the Grace of God that our sovereign Lord Charles is King of England, Scotland, &c. And in these kingdoms He constitutes governors also as he will; either by His own Nomination or by natural Generation, or by the people's 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, 
King's 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 do in this case, or can do, is this; They may in Order to the Divine disposition of things, and in some tlaces they do (not without God's especial Inclination and direction) elect such a one to be their King, but they do not, they cannot, invest him with royal 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 God's: Psal. 82. 6. As in Corporations, the Inhabitants do elect the Major, but they do not confer on him his Authority, which he hath from the King's Charter only, investing him with such power, and giving them power also of electing him, which they could not have done without special Licence from the King. And as it is of the King's singular favour and indulgence, that they chose their governor; And as, for all their Elections, the Major is Minister Regis, the King's 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 point of Election and Ministration.  
And as God constituteth every supreme governor, 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 confess and acknowledge Empires, kingdoms, Dominions and cities to be distincted, and ordained by God; the Powers and Authorities in the same, be it of Emperors in their Empires, Kings in their realms, Dukes and Princes in their Dominions, and of other Magistrates in their cities, to be God's holy Ordinance, ordained for the manifestation of his own glory, and for the singular profit and commodity of mankind: 
ancient Constitutions not to be overthrown.  So that whosoever goeth about to take away, or confound the whole State of cavil Policies now long established, we affirm the same men not only to be enemies to mankind, but also wickedly to fight against Gods expressed will.  
And hitherto appertaineth that maxim. Qui introducit mala, peccat contra voluntatem Dei revelatam in verbo: qui nova introducit, peccat contra voluntatem Dei revelatam in factis: He that introduceth evil 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 works.  
2. Concerning the King's Negative Vote in Parliament, 
The King's negative Vote in Parliament.  which the two Houses would utterly overthrow: And to that end they allege the form 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 laws, and to Corroborate such as the People shall choose: 
The King's Oath to Corroborate such laws as the People shall choose.  quas vulgus juste & rationabiliter elegerit (as it is rendered, Rot. claus. 1. R. 2. nu. 44.) which the people shall choose justly and reasonably: And such was not the first controverted Bill of the Militia; for it was both unjust (to take the King's Power from him) and unreasonable, because without the Militia he cannot, according to his Oath protect the laws; And the true sense of that branch of the Oath is expressed by that form used at the Coronation of Edw: the sixth. do you grant to make no new laws, but such as shall be to the honour of God, and to the good of the commonwealth, and that the same shall be made by the consent of your People, as hath been accustomed?  
So that branch in the King's Oath, To Corroborate such laws as the People shall choose, must not be understood universally, That the King is sworn to pass all those laws that the People shall choose, but restrictively, that he shall enact only such laws as the People have chosen, and none other; And it is only a restraint and limitation of that absoluteness 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 laws, and afterward their Consents also: than 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 formal parts of the kingdom might pass, to the maiming and enfeebling of the established frame of the kingdom.  
And these forms in Rich: 2. and Edw: 6. are cited by the Lords and Commons in their Remonstrance. 2. Novem. 1642.  
3. Concerning the King's counsels. Beside his great council, the Lords and Commons in Parliament, The Law takes notice of the King's Power to swear unto himself a body of council of State, 
The King's several counsels.  (which our laws call sometimes his Grand council) and to swear unto him all councillors 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 maxim in Law, The King can do no wrong; if any ill be committed in matters of State, the council, 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 King's only councillors 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 four hundred Citizens and Burgesses, which may be all mechanics, and so unfit councillors in those cases: And who with the help of the Tumultuous People about London, may deal with the King and Nobles, and Gentry as they please.  
And because the two Houses are a numerous body, and the King a single Person, therefore to counterpoise them, doth the Law express the King hath a council of State, and councillors at Law, faithfully to advise him in his Government, that be may neither do, nor receive any wrong, especially in Parliament, where the wrong may be perpetual.  
How unjust then, and unreasonable is it at this time, to debar or remove those councillors from His Majesty, and to express no legal 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 join with them in an order against Tumults.  
4. That the Lords having in vain tried that way (upon the advice of the Judges) sent a Writ to the sheriff and Justices for setting watch and ward, and hindering 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 evil entreated some of the Members of the House of Commons, 
Strangsways.  as Sir John Strangswayes; who also complained of them in the House.  
6. That Mr Kyrton, a Member of the House of Commons, offered proof to the same House, that captain Venne several times sent, and solicited the People, to come down out of the City of London, with Swords and pistols, 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 suppress the like Tumults; and that at a common-council held that day, the Lord Major and Aldermen found, that there had been tumultuous and Riotons' Assemblies spread day and night in the City, &c.  
8. That Jan. 31. The poor 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 custom of the Parliament, a Proclamation ought to be made in Westminster, in the beginning of the Parliament, That no man upon pain to lose all that he hath, should during the Parliament in London, Westminster, or the Suburbs, &c. wear any Privy coat of Plate, or go 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 business of the Church and commonwealth) should be withdrawn. Cook. 4. part. Instit. l. 1. of the high Court of Parliament.  
5. Concerning the Cause of the war on the Parliament side. 
The Parliament pretences, for taking up of arms.  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 Earl of Strafford, and the Archbishop 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 design, as the Lord Privy seal, &c.  
Again, as those Delinquents were of their own 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 several Commissions granted under the Great seal, to the lieutenants of the several Counties, are illegal and void. Though such Commissions had been in use during the reigns of, King James, and Queen Elizabeth of blessed Memory; and the ordering of the Militia had been ever in the crown: And the Crown hath its customs as well as the Subject his, and not to be violated by the Subject.  
So then arms 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 King's friends, and their opposites; not to do Justice, but to promote their designs.  
Again, 
2. The Defence of our Religion and Liberty.  sometimes it is pretended, that the King endeavoured to bring in Popery and tyranny; and that they were forced to take up arms, for the defence of our Religion and Liberty.  
But our Liberties were all asserted by several Acts passed at the beginning of the Parliament: And before arms were taken up, His Majesty had promised to enact whatsoever they did desire against Jesuits, priests, Papists, and Popery, as appears by His Declaration. Iun. 2.  
And to secure our Liberties and Religion, and the whole kingdom (before arms were taken up) His Majesty had Promised that the Forts and Castles should be always in such Hands, and only such, as they should have cause to confide in, Ian. 27.  
And he accepted of Sir John Coniers, to be lieutenant of the Tower of London, in the place of Sir John Byron, Feb. 11. And he allowed their Recommendation of the lieutenants for the several Counties, Feb. 28.  
And what need then of an Army, to defend and secure our Liberties, and Religion, against tyranny and Popery?  
And the truth is, this pretended necessary defence and security of our Religion and Liberty, against Popery and tyranny, was only a Colour for the taking up of arms, and a slight to gain, or rather to entrap and ensnare the People, that by the Power of the kingdom, and the help of the People, they might carry on, and compass their design against Monarchy, and against Episcopacy and the Liturgy.  
And so the present quarrel is, 
The true state of the present War.  for a (not to be pretended to by any Law,) Liberty against Monarchy, not against tyranny; and for a (not known or chosen by themselves,) Religion against episcopacy and the liturgy, and not against popery: 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, than it was carried on by Tumults, afterward they proceeded to apparent Treason; and from Treason to Treason, until at last they came to the height of Rebellion: As the subsequent Discourse will show the●.   

Several TREASONS BY the laws of the Land.  
TO compass the death of the King and Queen, or to intend or imagine it.  
To intend to deprive, depose, or disinherit the King, if it may appear by word or otherwise.  
To levy war against the King in this realm, 
Treasons by the laws of the Land.  or to conspire to levy war against Him.  
And this was high Treason by the Common-Law, for no Subject can levy war in the realm, without Authority from the King, for to Him it only belongeth, Cook. 3. part. Instit. cap. de High Treason.  
Again, if any levy war to expulse Strangers, to deliver men out of Prisons, to remove councillors, or against any Statute, or to any other end pretending Reformation of their own heads without warrant; this is levying of war against the King, because they take upon them royal Authority, which is against the King, Ibid.  
Also to detain or hold a fortress or Castle against the King. And to deteive or withhold from Him, or against Him, any his Ships or Ordinance, is to levy war against the King, in the Construction of the Law.  
To encounter in fight, and kill such as are assisting to the King in his wars, or such as come to help the King.  
To Plot, or do any thing toward the moving Sedition, either in respect of the King, or his Army; or to give advice, or to procure or lend aid thereunto.  
To succour the King's Enemies.  
To be adhering to the King's Enemies, aiding them, or giving them comfort in this realm, or elsewhere.  
Besides other Treasons mentioned in m Saint-johns' Argument, upon the Earl of Strafford; as,  
1. To endeavour to corrupt the people's judgement, 
Other Treasons in Mr Saint-iohns'. Argument.  and to take off the bonds of Conscience, the greatest security of the King's 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 murder, but only the Execution of the Pope's supreme sentence: God forbid I said one of better judgement than Owen, that I should stretch forth mine hand against God's anointed: No saith Owen, the Lord doth not forbid it, you may for these reasons kill the King.  
2. To endeavour to draw the people's 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 Earl of Essex, the judges delivered there opinions for matter of Law upon two points;  
1. That in case where a Subject attempteth to put himself into such strength as the King shall not be able to resist him, 
Rebellion▪  and to force and compel the King to govern otherwise then according to his own royal 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 reign, 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 royal will and power of the King, intendeth to deprive the King both of crown and Life; And 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 royal 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 compel the King (in some particulars) to govern otherwise then according to his own royal 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 kingdom?  
And in prosecuting this Rebellion, how have they incurred several 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 people's 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 war against the King in his realm.  
3. By detaining his Forts and Castles from him; and his Ships and his Ordinance.  
4. By encountering in Fight, and killing them that assist him, and by adhering to the King's Enemies, and giving them aid and comfort.  
5. By compassing the death and deprivation of the King: Rebels never suffering that King to Live or reign, 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 archbishops, 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 kingdom being by Law in the King, for the effectual 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.  
When they could not compass their design by Vote in Parliament, they attempt and prosecute it otherwise.  
And whilst His Majesty was in Scotland▪ they send forth Lecturers, 
traitorous Lecturers and pamphleteers.  and give licence to pamphleteers, 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 people's 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 people's 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 go in multitudes to Westminster with Swords and Clubs; and with Clamours they revive and press 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 actual 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 evil and rotten-hearted Lords; And they assault and evil entreat those of the House of Commons, who they supposed favoured the Bishops, and had Voted against their Bills, and against their design, as Sir John Strangswayes, &c. And as they pass and repass through the streets, 
Articles of high Treason against the L. Kimbolton, and the five Members.  they utter seditious and traitorous 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 fundamental laws and Government of the kingdom, and to deprive the King of his legal Power, and to place on Subject an Arbitrary and tyrannical Power.  
For endeavouring by many foul 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 far as in them lay, by force and terror to compel the Parliament to join with them in their design.  
But the accused Members shelter themselves under the privilege of Parliament; 
No privilege of Parliament in case of Treason.  (though it be a maxim in Law that in case of Treason privilege 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. General skippon, and seize on his majesty's Magazine at Hull, and commit the custody of it to Sir John Hotham. And the House of Commons Petition His Majesty, that the Militia of the whole kingdom may be in such hands as they should confide in; and when the major part of the Lords would not concur with them, the poor people in and about London, come in a tumultuous manner to Westminster, 
Tumults revive; Sir Arthur Haslerigges Bill, concerning the Militia.  and they revive & press the matter of Sir Arthur Hasterigges Bill for the Militia formerly rejected, 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 kingdom by an Ordinance, excluding His majesty from any power in the disposition, or execution of it.  
In April, 
The navy-royal.  they possess themselves of the navy-royal. And having put themselves into the strength of the Kingdom, 
They declare against the King's Negative Vote, and so against his Legislative Power.  they seek to overrule the royal will and power of the King, by declaring against his Negative Vote in Parliament May, 26.  
And to compel the King to govern otherwise then according to his royal Authority, and directions; as appears by the 19 Propositions tendered to His majesty, Jun. 2.  
And upon His majesty's refusal of those Propositions, 
The 19 Propositions▪ against His Gubern●tive power.  according to the Latitude of their desires, they raise an Army, Iun. 10.  
Though His Majesty by his Declaration, in answer to those Propositions which concern Religion, revives and renews His promises made formerly, 
His majesty's Answer to the Propositious.  (viz. Decemb. 1. & 15.) to remove all illegal Innovations, and to call a national Synod, and to abolish Offensive Ceremonies: professing himself 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 choice of privy-councillors, and other great Officers of State &c. His Majesty promised that He would be careful 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 several places, He would leave them to the justice of the Law; to be executed every triennial Parliament at the least: showing 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 several Counties also.  
Lastly, touching the other Propositions, though His Majesty had fully declared and showed, that they tended to the depriving Him of the Power of Protecting His People and the laws, which He is sworn to maintain; And to the very deposing of Him and of His Posterity; and to the utter overthrow of that Ancient, happy, equal, and well-poysed constitution of the Government of this kingdom, and to the overthrow and ruin of the kingdom itself, by destroying Monarchy, and therewith unity; by introducing Aristocracy, and Division with it, and Democracy, and with it Tumults, Violence, and licentiousness.  
Though the King, I say, in His Answer to their Propositions had declared, promised, and showed this, yet they took up arms, 
They raise an Army.  without Authority and Commission from His Majesty, and so they levy war against our sovereign Lord the King, His crown and Dignity. And they encounter in fight, and kill such as assist the King, and they gave battle to the King himself 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 refusal of them, they prosecute war, as before.  
Lastly, the Parliament of both kingdoms offer the same Propositions to be Treated on at Uxbridge, 
And at Uxbridge.  1644. wherein also, they farther desire the concurrence and consent of the Parliament of Scotland, in our Reformation of Religion; in the settling and managing of the Militia of the kingdom, and in concluding of Peace and war with foreign Princes.  
Besides, they require the Cessation in Ireland to be made void, and that the two Parliaments may order the war there, and the Militia; and conserve the Peace of the kingdom of Ireland.  
True it is, 
How the King is restrained already: And how they would farther restrain him.  that in some points of Regality and sovereignty, the King of England is already restrained and limited, so that He cannot rule and govern absolutely as He will, as in making of laws (which He cannot do, but with the Consent of the Lords and Commons assembled in Parliament,) and in declaring of laws, (which He cannot do, but by the proper judges in His several Courts) but in all other things that are not expressly restrained by Law, He is free and absolute, and the sovereignty both of judgement and Power, is in the Person of the King alone: As in providing for the present safety against sudden danger, and in levying of arms, suppressing of Tumults, and Rebellion; convoking of Parliaments, and dissolving them, making of Peers, granting Liberty of sending Burgesses to Parliaments, treating with foreign States, making of war, League, and Peace, giving of Honour, Rewarding, Pardoning, &c. And in these, and the like particulars, it is▪ that they would farther limit and restrain the King, that He should not govern as He hath done formerly, according to his own judgement and will, informed and Regulated by the Advice of his council of State, and councillors at Law, but according to the judgement, and with the Consent of both Houses of Parliament in some Cases, according to the judgement, and with the Consent of the Parliaments of both kingdoms, and in some other Cases they would assume the Government wholly to themselves: and they take up arms, and fight to force the King's Vote and assent to several Bills concerning these particulars, and so at once wholly to overthrow the King's sovereignty, Legislative and Gubernative.  
But though others may not, 
Ob.  yet the Lords and Commons assembled in Parliament, may rise in a forcible manner, and compel the King to govern 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 war 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 falseness and treasonableness thereof will plainly appear, upon the due Consideration of the King's 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 superior 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 realm recognising no superior under God but your Grace. The Parliament 16. R. 2. 5. affirms the crown of England to have been so free at all times, that it hath been in no earthly Subjection, but immediately to God in all things touching the Regality of the said crown, and to none other. Ergo. The two Houses of Parliament cannot of Right have or exercise any authority over the crown, or the realm, 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 deposed and murdered some Kings, yet such instances prove no more claim of sovereignty in the Parliament, over the King, than a Robber, when he exerciseth an Arbitrary power over a man's person and purse; And the Observator himself 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 integral parts; the King, the House of Lords, and the House of Commons. The King is the Head, and the two Houses are the gross Body subordinate to the King; and to be considered always 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 confess themselves his Subjects: and directing their Petitions to His Majesty, thereby they acknowledge his sovereignty; Majesty being a Ray of sovereignty. Yea the very Legislative Acts wherein consists their Parliamentary Eminency speak them always his Subjects, and style him their sovereign: And according to the Information of the judges in the time of H. 8. The King in Parliament standeth in his highest Estate royal, in respect of the exercise of his sovereign Authority and power in making laws, which he cannot do but in Parliament. Besides, in token of his sovereignty 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 they acknowledge him to be the only supreme governor in this realm, and swear to assist and defend all Jurisdictions, privileges, preeminences, and Authorities, belonging to him, his heirs and Successors, or annexed to the imperial crown of the realm. And farther the Lords and Commons in this present Parliament have bound themselves by their Protestation, to maintain and defend with their Lives, power and Estates, His majesty's royal Person, Honour, and Estate. So the Lords and Commons assembled in Parliament, are in the condition of Subjects to His Majesty, and they have sworn Fidelity and Allegiance to him; and therefore they cannot rise up against the King, and compel him, as aforesaid, without manifest Rebellion, and Perjury also.  
2. In their Votes, 
In their Votes.  in passing Bills, and making laws; wherein though they concur with the King necessarily, yet 'tis not by equal Authority but by consent only; not as joint sovereigns, but as free Subjects; not as enacting with the King, but as choosing, and preparing and proposing laws to be enacted by the King; according to the passage in the Oath, That the King shall Corroborate such laws as the People shall choose: And without this Corroboration, by the royal assent, which gives life and motion to our laws, the Votes of the two Houses of Parliament die in the womb where they were Conceived, like an embryo, and never see the light.  
3. Touching the Relation between the Lords and Commons assembled in Parliament, 
They are our fellow Subjects.  and ourselves 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 sovereign Lord the King, who is Head both of the kingdom and of the Parliament, and to none other. Nor are they invested with any Superiority over us, but are armed with some privileges against us, that we cannot arrest them or their servants during the Parliament: And in case of Rebellion and Treason, they are no more privileged, than we out of Parliament.  
So than the Lords and Commons'assembled in Parliament are wholly subjected to the King, their Persons to his Person, 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 legal Obligations upon, but traitorous Propositions to, and public Invitations of the people to join with them, and assist them in their Rebellion and Treason. And their partakers do 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 always subjected to the King by the constitution of the kingdom, 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 sin the whole kingdom for the present, and is an ill precedent for time to come: and how shall we be ever hereafter liable to change, and upon change to intestine divisions, and to civil war, 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 arms 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 do not concur 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, do oppose it, both by their Declarations and by force of arms.  
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 malicious against His Majesty, and Ambitious of His Royalties, or covetous of the Revenues of the Bishops, and Deans, and Chapters; or lastly, such as live in the Counties near 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 ringleaders in this Rebellion and Treason, and that they have made other their Fellow Subjects, their fellow rebels, 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 war, and whether in their Houses they have not prevented those Lords and Commons, rather than observed and followed their commands, all along throughout the whole progress of their Rebellion and Treasons; and so whether their compliance be not a traitorous Conspiracy with the Lords and Commons at Westminster, rather than an act of sincere and faithful Obedience to the Authority of both Houses of Parliament.  
It is observed by ancient 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 essential is the King's good will toward his Commons, that it was one of the Petitions of the Commons to Ed. 3. That the Archbishops, and all others of the Clergy should pray for it; and many times are the like-Petitions for the Lords.  
Always provided, 
Note.  that both Lords and Commons keep themselves within the Circle of the Law, and custom 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.  
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 unparalleled case; making the present Parliament, not only successless, but also pernicious; even the disloyalty, and Rebellion, and Treason of a party of Lords and Commons of Parliament, who being assisted by the anti-episcopal, antimonarchical 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 progress of this Rebellion.  for the defence of the Protestant Religion, the King's Authority, and His Person in His royal dignity, and to maintain the free course of justice, the laws of the Land, the Peace of the kingdom, and the privilege 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 pass 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 laws in His name, but as Ordinances in their own names, and to be put in execution, not in a judiciary way (as our laws are) by the Ordinary Ministers of justice, the judges and justices in their several Courts, and countries, but by Creatures of their own making, their Committees and subcommittees, and by their deputy-lieutenants, and in a way extrajudicial and Military. And they force us to submit to them, either by observing and doing what they enjoin, or by suffering what they impose.  
We shall also have (when they can agree upon it) the like model 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 think fit to ordain. And howsoever at first they pretended, that they took up arms for defence of Religion, &c. yet their proceedings have been only against Religion by Law established, and against the King and against Regality itself, and against the laws 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 sovereign himself. Yea from the first bringing in of the two Bills, against the Government of the Church, and for taking the Militia out of the King's hand, all their Proceedings have been only Rebellious and traitorous until this day; and they and their Complices have spoken and acted nothing but Rebellion and Treason, if examined and tried by the laws of the Land.  
And their Rebellion is an attempt to force and compel the King in some cases to govern otherwise then according to his own royal Authority and direction, 
The present Rebellion.  and by force of arms to deprive him of his Government in some other cases: and to force and compel his Vote and Assent to several Bills in Parliament against himself, 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, 
treason's 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 people's 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 pamphleteers.  
The levying war against the King in this realm.  
The detaining his Castles and Forts from him, and his Ships and his Ordinance. And these are the Treasons of those Lords and Commons principally.  
The encountering in fight, and killing them that assist him; and the adhering to the King's Enemies and giving them aid and comfort. And these are the Treasons of their soldiers and contributors.  
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 completing 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 murdering of the King, the Lord's anointed: 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 reign, which might punish, or take Revenge of his Rebellion and Treason. And therefore doubtless 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 stretch forth mine hand against the Lord's anointed; For who can stretch forth his hand against him, and be guiltless, 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 wickedness, 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 bitterness, 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 loyal hearts.  
Plead thou the King's 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 spear, and stop the way against them that persecute him: say unto his soul, I am thy Salvation.  
Let them be confounded and put to shame, that seek after his soul: let them be turned back, and brought to confusion that imagine mischief for him.  
Let them be as the dust before the wind: and the Angel of the Lord scattering them.  
Let their way be dark and slippery: and let the angel 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 soul.  
Let a sudden destruction come upon him unawares, and his net that he hath laid privily, catch himself: that he may fall into his own mischief.  
And the King's soul shall be joyful in the Lord: it shall rejoice 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.  
Absalon, who by fair speeches and courtesies stole the hearts of the People, and sought his Father King David's life, riding upon a Mule under the thick boughs of a great oak in the wood of Ephraim, where the battle was, his head caught hold of the oak, and he was taken up between the Heaven and the Earth: And Joab took three darts in his hand, and thrust them thorough the heart of Absolom, while he was yet alive in the midst of the oak, 2. Sam; 18. 9, 14.  
Achitophel, Absolon's chief counsellor hanged himself, 2. Sam. 17. 23.  
Shimei, for cursing David, had his hoar head brought with blood to the grave, 2. Sam. 16. 5, 6. 1. King's 28. 46.  
Abiathat, the traitorous 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 King's House and burned the King's House over him with fire and died. 1. Reg. 16. 9, 18.  
Athaliah the daughter of Omri, who destroyed all the Seed royal, was slain 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 himself to be somebody, and to whom a number of men about 400. joined themselves, was slain, and all even as many as obeyed him were scattered and brought to nought. After him rose up Judas of Galilce▪ in the days of taxing, and drew much People after him: He also perished, and as many as obeyed him were dispersed, Act. 5. 36, 37.  
Judas Iscariot, the Traitor of Traitors hanged himself, 27. Mat. 5. And purchased a Field with the reward of iniquity, and falling headlong, he burst asunder in the midst, and all his bowels 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 trial in Experience, That Treason doth ever produce fatal and final 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 bait of the devil of Hell; and follow the precept in holy Scripture.  
My son, fear thou the Lord and the King, and meddle not with them that are given to change.  
For their Calamity shall rise suddenly, and who knoweth the ruin of them both, Prov. 24. 21, 22.  
Cook 3. part Instit. cap. 2.   

Postscript.  
And now Reader see the Accomplishment of that Evangelical prediction. 
The Postscript.   
In the last days, 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 than Lovers of God; Having a form of godliness but denying the power thereof. 2. Tim. 3. 1, 2, 4, 5.  
Presumptuous are they, self-willed, they are not afraid to speak evil of Dignities. 2. Pet. 2. 10.  
Woe to them, for they have gone in the way of Cain, and run greedily after the Error of Balaam for a reward, and perished in the gainsaying of Core, Jude 11.  
Also Reader learn and Consider, That what things soever are evil 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.   
FINIS.