A COMMISSION OR, POSITION: Wherein all English Subjects, have their undertake and endeavours for the restitution of his sacred Majesty, unto his Throne and Dignity, though without Commission for the same: Proved to be lawful, and their bounden duty, by the word of God, and the Law of the Land, and the light of Reason; and that the Statute Law of the Kingdom is their protection therein. Intended for the satisfaction of all those, who have engaged, or shall engage in the said undertaking; and an Answer unto all those that urge their want of Commission against them. By a lover of Peace and Truth. 2. Sam. 19.9.10. Why speak ye not a word of bringing the King bacl? Printed in the Year 1648. The Position concerning Loyal Subjects, etc. In the ensuing discourse, I am not so to be understood, as that I do believe the most noble and gallant undertakers herein at present do want Commission, but the contrary, this being intended for the satisfaction of those that believe otherwise or may doubt the case. TO grief of heart (dear fellow subjects) hearing it reported by some friends, some enemies unto the peace of our Kingdom, that it is unlawful and punishable by the Laws of the Land, to raise force and arms for the restitution of his gracious Majesty without Commission: My duty towards God, mine Allegiance unto my Prince, the dictate of a good conscience, and my service unto the Commonwealth would not suffer me to take rest (for the satisfaction of the Kingdom herein without engagement in defence of this truth, That it is not only lawful, but also the duty and Allegiance of all and every English man to join and endeavour for the restitution of his sacred Majesty unto his Throne and dignity, though without Commission for the same: Where first observe, that my meaning is not to maintain or defend any subjects whatsoever, their taking up of arms, that is levying and raising up of Armies without Commission, and that lawful too, but in case of restitution of his (now imprisoned) sacred Majesty into his Throne and Dignity, and this (by God's assistance) I will make good in despite of all truth opposers. By 1. The Law of Nature. 2. The Law of the Land. 3. The Law of God. 1. the Law of Nature makes this good in regard unto 1. His Majesty. 2. The two Houses. 3. Ourselves. 1. It is most necessary and lawful to raise arms for the restitution of our gracious Sovereign, in a respect unto himself, because both common policy and duty, bind the Subject by the Statute Law of this Land, to restrain all manner of shameful slanders against their King, 5.6. Ed. 6. ch. 11. and if to defend him from the virulency of tongue and pen, is the duty of the Subject, how much more to rescue him from the violence of the sword, and bondage by the hands of Rebels and Traitors? yea and his sacred Person from all poison and other danger. 2. In respect unto the two Houses (for the Kingdom neither hath nor ever had interest or concernment, in the Army usually in the * There is no Parliament without a King, neither hath any Authority to raise an Army in England but the King: See my kingdom's Remedy. language of the beast, called the Parliament Army) not meddling with, but laying aside their Treason and Rebellion, the Kingdom hath no tie nor obligation unto them, because they have betrayed their trust, and have deprived them by whom they were entrusted, as much as in them lay of every part of their greatest happiness. viz Their God and Religion, their King & Laws, their Liberties & Immunities, by Tyranny, Oppression, and Usurpation, and do refuse and neglect to act and perform any thing tending to their good and benefit, though their own Oaths, Votes, Protestations, and Covenants, with their Declarations, and Ordinances, would lead them thereunto; therefore the Kingdom may and aught, moving though it were but upon their own said principles, besides the Law of the Land, to join and endeavour for his Majesty's Restitution, and restoration unto his Throne and dignity. 3. In respect unto ourselves, the people of England; it is Lawful for these Reasons. 1. Every thing is bound by nature to seek and labour after the preservation of itself, and to prevent its Ruin and destruction, which of this Kingdom is threatened, by severing and separating of the King, the Law and the Kingdom, as hath been sometimes maintained by the opposite party, see that ever to be renowned Judge Jenkins, p. 175 therefore to prevent Ruin, and destruction, enjoins endeavours for the restoration of his Majesty. 2. Considering we have by the two Houses lost our Birthrights, happiness, and prosperity, with effusion of much innocent blood, and the expense of vast treasure, which the Kingdom can never recover without his Majesty's freedom, honour, and safety; without which we shall never enjoy moment of quiet, nor safety to our persons, wives, children, nor estates: and that the King being Medicus Regni, the Physician of the Kingdom, without him the Nation is irrecoverably sick; and he being Pater Patriae, the Father of our Country, without him all English men are miserable Orphans and he being sponsus Regni, the Husband of the Realm, without him all England is a widow; each whereof, much more all, if not remedied will prove fatal, unto so notable a freeborn people: unto but common reason therefore the least of these are stronger, and of greater authority than any paper Commission signed and sealed by the pretended two Houses, and may move every serious & sober minded man to join, & endeavour for the restitution of our gracious King: and whosoever shall upon sound and honest principles, without sinister ends use his best abilities to effect the same, shall be sure to beget present happiness to himself and his fellow Subjects; and shall deservedly be honoured, and renowned unto eternity, and enjoy present favour with God and man. 2. As the Law and light of nature maintains this verity, so likewise the Law of the Land, both rest and pretended, first the pretended Law, the protestation, Vow, and Covenant, Solemn League and Covenant, with many of their Ordinances, Declarations and Remonstrances speak for his honour, with heed unto his Prerogative, and hath often promised to make him glorious, with safety, not security of his Majesty's sacred Person and estate; but to suffer him to lie in prison, is to maintain a power above and against his Honour, estate, and Prerogative, and if not timely prevented, will prove destructive to his Person, and the rest which is an open breach of all the foresaid pretended Law. Secondly the real and true Law of this Land upholds this Truth, Stat. 6. Ed. 1. Liege Homage, every Subject owes unto the King, (viz) faith de membro, de vitâ, & Terreno honore, which is confirmed not only by the former pretended Law, but also by the Oath of supremacy: which Oath was taken by every man now in both Houses, though broken by them all; the words whereof to this purpose are these: I promise that hereafter that I will perform all faith, or Allegiance and true obedience to the King's Majesty, and his Heirs and lawful Successors, and according to my power, to help and defend all Jurisdictions, Privileges, Preeminencies, and Authorities granted or due, to the King's Majesty, his Heirs, and Successors, or united and annexed unto the Imperall Crown of this Realm, so help me God, and the contents of this book. Whoever hath taken this Oath, and doth not to the utmost of his power, labour to help his Majesty out of prison; must needs be as guilty of perjury, as they which keep him prisoner: this therefore is a sufficient Commission, and is firmly made good by the Statute Law of the Land, as it is peremptorily enjoined 26. Hen. 8.2. Ye shall swear to bear faith, truth and obedience. all, only unto the King's Majesty: to bear faith, truth and obedience; there is Commission to do him all necessary service. All, there the Commission is derected unto every Englishman, only to the King's Majesty, there all faith, truth, and obedience unto the two Houses, and every other power whatsoever against or besides his Majesty in England is exploded and it is neither faith, truth, nor obedience to suffer the King's Majesty to be a Prisoner; and it was enacted, 14 Edw. 3.5. that all Officers take an Oath, well and lawfully to serve the King, and his people: Whereas permitting and suffering his sacred Person to remain in prison in Carisborough Castle, is wicked and unlawful service unto both King and people; again this Commission is made good St. 7 Edw. 1. The words are these. To us (the King not any other) it belongeth, and our part is, through our Royal Seignory straightly to defend force of armour, and all other force against our peace at all times, when it shall please us, and to punish them who shall do contrary, according to the Laws and usages of this Realm, and hereunto they are bound to aid us as their Sovereign Lord at all seasons, when need shall be. When need shall be there is their Commission, for can there be more need than when a good▪ learned, wise, holy, religious merciful, and conscientious King, is traitorously and rebelliously imprisoned, and his Kingdom lies bleeding and gasping at the brinck of ruin through Rebellion and Divisions? See Stat. 25. Edw. 3.2. By the Law of the Land when Treason and Felony is committed, it is lawful for every Subject, Vid. Judge Jenkins pag. 185. who suspects the Offender to apprehend him and secure him, so that justice may be done upon him according to the Law. Idem p. 176. To deliver his sacred Majesty out of traitorous hands, is every man of the Lands bounden duty; Read Judge Jenkins pag. 18. whosoever they be that shall undertake for the restitution of his Majesty, though without Commission, have the Law of the Land for their Protection. 11. H. 7. chap. 1. which you may read in * That Patriot of England. Judge Jenkins pag. 89. but to encounter such in fight as come to aid the King in his war is guilty of high Treason: Thus you see every English Subject hath sufficient authority, and it is his bounden duty though without Commission, to join and endeavour for the restitution of his Majesty. 3. This is warranted unto us by the Law of God: it is a maxim amongst the Divines, contra Rebelles omnis homo miles, every man is to be a Soldier against a Rebel; but lest we fail, let us ascend higher, St. Paul enjoins us to render unto all their deuce, tribute unto whom tribute is due, custom to whom custom, Rom. 13.7. fear to whom fear, honour to whom honour, all which are in the highest due unto our gracious Sovereign in his several Dominions. Tribute because he is God's Minister, custom because he is head over his people, fear because he beareth not the sword in vain, honour because he is our greatest, that is Political Father, and therefore is he styled Pater Patriae, the Father of the Country: all these deuce therefore are due unto him in the first place, not unto any of his Subjects, but as their right and claim thereunto, is derived from him by the conveyance of the Law of God and the Land and all these being primary and principal deuce due from us and all his subjects; how much more a rescue of his sacred Person out of the Traitors hands, which you see is so strongly enjoined us all by the Law of the Land? Whereunto St. Peter enjoins obedience. Submit yourselves unto every Ordinance of man for the Lords sake, whether it be unto the King as supreme, or unto Governors as those that are sent of him, 1 Pet. 2.13. Submit unto every Ordinance of man, there must be no slighting nor neglecting the Law of the Land, but submission and obedience thereunto, for this is most certain that not the Letter or Declaration of the Law of the Land, but the execution thereof. makes it good and profitable; for now by too doleful and present experience, we may see that when the Law is misused, dissembled with, or laid aside, or condemned, or is done pro forma tantum, and as they term it in France, Par manner d'acquit only. it will be the certain ruin (though not at first perceived) of the Commonwealth; therefore this must be done for the Lords sake, because the good of all, is the will of the Lord Paramount, the God of Heaven and earth, and our submission and obedience must be in this order, unto the King as supreme: imprisoning therefore and securing his gracious Person, is not submission and obedience thereunto, because it is an extirpating and expelling his supremacy: * For whosoever is imprisoned, therein argues inferiority unto that power by which he is imprisoned. On the contrary therefore a recovering and restoring his Majesty unto his supremacy, being so strictly enjoined by the Law of the Land, is a submission and obedience to that ordinance of man: But I will come yet closer who they be that have exploded the ten Commandments (judge dear Reader) which are nevertheless the rule of every conscientious Christians life, the list whereof is, honour thy Father and Mother, etc. which is the first with promise: and that we may the better understand the honour due, let us first consider in the contrary dishonour, and this shall be in Canaan son of Noah, who dealing undutifully and irreverently towards his Father, procured a curse; A servant of servants shalt thou be, Gen. 9.25. though his Father in some things was unexcusable, but a wiser than Noah hath denounced a curse upon all undutiful children; the eye that mocketh at his Father, and despiseth to obey his Mother, the Ravens of the valleys shall pick it out, and the young Eagles shall eat it, Prov. 30.17. and if it be so odious to God and man for a child to be undutiful unto his natural Father, how much more for Natural Subjects, when they imprison their great Political Father, and natural Sovereign? whom in the receipt of that Homage of fear from his Subjects, God hath joined with himself, fear thou the Lord and the King, Prov. 24.21. but as God hath linked himself with his Vicegerent in that command of fear from their Subjects, doubtlessly were they able, would have linked them together in prison; questionless therefore a restitution of our gracious Sovereign Lord the King, would be as acceptable in the eyes of the Almighty, as if it were a restitution of himself; and if God's justice will be so severe upon cursed cursing thoughts against a King, that a bird of the air shall carry the voice, and that which hath wings shall tell the matter, Eccles. 10.20. What will be his punishment of those that imprison their Liege Lord? How gracious and merciful on the contrary, will he be unto them that shall restore his gracious Majesty? This is an honour both of debt and duty, than which for the present Subjects can do no greater, and is commanded you see both by the Law of God and the Land, this was the judgement of the children of Israel in such a case, they were at a strife for restitution of their King. And all the people were at strife throughout all the Tribes of Israel, saying, the King saved us out of the hands of our enemies, and he delivered us out of the hand of the Philistines, and now he is fled out of the Land for Absolom, and Absolom whom we anointed over us is dead in battle; now therefore why speak ye not a word of bringing the King bacl? 2 Sam. 19.9.10. It was likewise David's judgement, And King David sent to Zadock, and to Abiathar the Priests, saying, speak unto the Elders of Judah, saying, why are ye the last to bring the King back to his house? (seeing the speech of all Israel is come to the King, even to his house) ye are my brothers, ye are my bones, and my flesh; wherefore then are ye the last to bring back the King? ver. 11.12. who ever thou art then, that art a Christian, and an Englishman, thou seest not only thy Commission and Authority, but thy duty from the Law of God, and the Land, to join and endeavour for the restitution of his Majesty unto his Throne and Dignity; go on therefore stoutly and courageously, God who hath given this Commission, will in this cause keep thee for himself; look up unto God as thy preserver and keeper, and unto his Majesty as the centre of all thy earthly hopes in this Kingdom, and then dost thou rightly fear God and honour the King, and shalt prevail at the last. God save the King. FINIS.