The Discovery of MALIGNANTS. By the known laws, and will of the KING, absurdly urged against the PARLIAMENT, by the People, Lawyers, Judges, Jury, Divines, and King forced from the Truth by wilful error. SAint Austin defines a people by their association, and Aristotle by their Constitution, and Fortescue out of both by their intention, Election, and subjection. A people( saith the Father) is a company of men associated by the consent of Law, and communion of prosit, and the Philosopher to give them an head adds, when one is constituted of many amongst themselves, one shall be the Ruler, and the rest the ruled. By one, he means not a person but a power, not a King but a Commander; for one is not unus homo, but unum Consilium, not one man, but one Senate or Eldership, which is the most ancient and best approved Government both in Church and State, Numb. 11.16. Rev. 4.4. for it is Reason and prudence that Rules best, and both are found in the Elders of the people, which is the Reason the Almighty placeth the council, Deut. 17.8. before the King, V. 14. and refers all persons to the judgement of the Elders, and leaves it no where to the King, and the Lawyer I mentioned binds the King to the Law, which he compares to the ligaments of the body, that the head may not change; and he compares the people to the heart, that live first and die last in any kingdom, and all confess that the safety of the people is the supreme Law. Their intention lives first, and provides the means to make happy the head in direction, and the hand in execution, and I conceive that to be the Reason why Barons and Bishops refusing to come to Parliament, the King with his Commons may take care of the kingdoms safety: but without the Commons consent, nothing may be done by either, for if the intention of the people live first, extinguish that and life ceaseth; and now to discover Malignants without the touch of any mans person, I shall by demonstration teach it in two things. First, the known laws urged by ignorance against them, that onely know them by the confession of all. Secondly, the will of the King urged with as great error as the former, and followed by them that would by it escape the payment and punishment of Parliament. The Ignorance and clamour of the People. The People that know not the law are accursed, Joh. 7.49. So said the Rulers of envy, and Nicodemus one of them held a better opinion of him whom the people magnified to speak above all men. No law without hearing, and kowledge of the Fact, condemns any man. The Rulers retort the Argument by reproach, and depart with disdain every man to his own house. Such is our sudden reproach not of the people for a good opinion of the Parliament, but of most Malignant parties that bid us search and see if any good come from such a council. Galilee was never a greater reproach to our Saviour, and Nicodemus, then this Parliament is to such as suffer for it, and we have a law to condemn it, for we have heard so much to be done by it, that all our known laws are against it. The fairest gloss Malignants have for their illegal actions, is to argue against the Parliament, and the Engine is, that their proceedings are against the known Laws, which so amuse the people in reading their pamphlets and Reasons that they resolve they better knew the laws then the Parliament itself, and such misery they suffer from it, that they must resume their own power, and be their own Judges. When the King by ill council oppressed them, O then a Parliament to relieve them, and now they would be relieved against it by the known Laws. The truth is the knowledge of the laws is removed from common capacities, and they are as principles of Arts and Sciences, of the which we say they are virtually contained in them, and deducible from them, nemo nascitur artifex, no man is born an Artist to argue the truth from the first ground, and we say, t. ta scientia virtute continetur in principijs, that all knowledge is contained in the principles, and by great industry and study is fetched out of them and certainly several conclusions by discourse & Argumentation is brought to light from them. If our Laws be so well known to the people, why do Lawyers take so great pains to inform them? Students we call them vainly, if their Clients be so learned, and the Lawyer takes money to advice for no advantage but his own. What needs the Client to descend to Aguments, being armed sufficiently by his own skill? How comes the case to fall out otherwise upon demurer or special Verdict then he was informed? judgement is reversed by a Writ of error, and from Court to Court, is brought at the last to the highest, and there settled for the soundest and surest resolution. They do but disabuse the people that tell them of known laws against the Parliament, and it is most abominable hypocrisy to Angle their hearts to no other ends but to catch them in snares, to devour them, and tyramnize over them, by blind obedience as the Pope does. For the second conveyance of the will of the King, the people tremble to think of it, and his personal commands come at the last to be their known Laws. Divines do but dally with Conscience, that we must obey the will of the King, which is condemned, Hos. 5.11. and no where commanded, and if we take obedience for subjection, it is not to the will, but the power of the Magistrate, and seeing all the care is taken for Kings, see what all the learned in the law say, potestas sua juris est non injuriae, the Kings power is justice, no injury. Lex fraenum est potentiae, the laws are the bounds of the Kings power and command. Nihil potest, nisi id solum quod de jure potest, he can do nothing but that onely which is just. Vicarius Dei dum facit justiam, minister Diaboli dum declinet ad injuriam, he is Gods Vicar in doing of Iustice, and the Devils agent declining to injury. The King is invested with a judicial power, not in his person but his Courts. His person is presumed by the Law to be ignorant of judicature, and the Acts of ministry are below the majesty of a King, and the Subject may suffer prejudice in many acts of justice, if such an Indecorum be admitted. It's too mean for a Prince to be an Informer, Accuser, to arrest and compound them, and such actions are judged voided in law, and the Reason is evident, because the Subject, upon such actions, if unjust, can have no remedy against the Kings person, and so wrong shall be done, & no law to right the oppressed, or punish the wrong doer. They wrong the people against the Parliament, that by Prerogative above law call Conscience to obey, which is Scientia cum Deo, and not against him to please men. I have touched two sins in the People discontented by deceivers. First, Ignorance in judging of the Laws when they wring them. They are penny wise pound foolish, and follow a common opinion in compassion of themselves. The Parliament exacts payments in form of Law, and necessity compels them unto it, and Malignants say it is against law, as if they understood more then lawyers do, which all of them pitch upon this maxim, illud quod alias licitum non est, necessitas facit licitum, et necessitas inducit privilegium, quod jure privatur. It's most certain the Parliament in being judgeth of all accidents; and hath power to make lawful that which without their judgement is unlawful, and if necessity did not urge them, they would of it make no law, and the privilege they have is warrantable upon the ground granted the King for the good of the kingdom. Impositions and Ship money have been complained of as illegal, and by them that can condemn them, and therefore greater Judges then they that approved them, and yet their judgement had been justifiable, if necessity had induced the privilege, as now it does, and that in the judgement of them that cannot be contradicted, and yet does not every Malignant manifest his malice to say there is no necessity because they cannot see it, and would have every man as blind as themselves. How irrational is it that the King should declare the law against his great counsel, when assuming it in his grants, Commissions, Proclamations under his great seal, he is commonly judged in all Courts to be abused, and the same made void, when the law is against them, and so judged to be by them that are sworn to do Justice to such as suffer injury by such unjust proceedings. His majesty may easily protest what he will do, and err in the doing of it, by misinformation, and what credit can be given to any thing done or laid when the subjects are barbarously used for executing only legal commands, and refusing illegal; by the Kings Army, his Counsellors and Abettors, and his supreme counsel neglected and opposed, as able to do nothing to save the people from desolation and destruction. If Subjects were not besotted with senseless men, they would suffer never themselves to be so circumvented by the will of the King, and known Laws against the Parliament, as if the will of the King were above Law, or Law to be judged by it, and not by them that have always to the King, and all sworn Judges declared laws. The will of the King may bee necessary to make a Law, it was never held so to declare it in any Court of Justice, and if laws may neither be, nor be expounded, but as the King pleaseth, we are in a miserable case in the proceedings of Parliaments, and if that be true that is written and Printed in the conclusion of one Parliament, that it shall interpret the laws no otherwise, then the King and his sworn Judges will have it, Ship money and all Impositions shall stand good, that he and they judge to be law, and known laws shall be as the multitude murmur now for their money, and clamour out of the Parliament, shall they exact our estates against known laws, and the will of the King. When the King calls for it for his own pleasure they cry our of oppression, and when the Parliament would have it for their own good, they are still oppressed, and would shift off all payments, caring for no common good, but that they may live at their own ease without charges. The Science and Conscience of Lawyers. Woe unto you Lawyers, for you have taken away the Key of knowledge, Luk. 11.52. No marvel wee have so many Malignants of the multitude, when the Men of better parts mislead them, and keep from them the key of knowledge. Ignoramus was once a pleasant comedy to play with the lawyers, but now Divines deserve the name, who ignorantly resolve Conscience without the Law. Dr. fern fell into his error by meddling with a matter he understood not, for no Divine can rightly state the question between the King and Parliament, Parliament and People but he that knows the laws of the Land: and I wonder the Divine should deal with Supremacy, not knowing where it is, for it is properly where all Causes may bee handled, and that is onely in Parliament, for it is not in the Kings power to handle any Causes out of the Courts of Justice, and of all Causes no one Court is capable, but the high Court of Parliament, and as the Person of the King is over all persons, so his power is onely in all Causes where their cognizance is, and if he will judge them out of Parliament, he passeth his limits, and the rule is, extra territorium jus dicenti, non paretur, impune, he that obeys the command of any power, out of it's jurisdiction, shall be punished for it, and the Parliament must justly punish Delinquents that desert it, and seek for safety and security in the shadow of their sovereign in his private capacity, for no law allows him to protect offenders, kill and plunder, spoil and destroy his Subjects without process of law( against Magna Charta c. 29.) whom he is bound by oath and Office to defend and preserve. It were well the Lawyers that pen the Kings papers would with their Science of the laws use their Consciences to comfort and confirm the ignorant with more knowledge, then ignorantly the Divines have done; and seeing they speak so much of known laws, they would know them better from those that the kingdom hath always made the best guides, and chief Judges, so much reproached for their care to kerb the contentious, and cause the honest Subjects to bee supported against their violence and wicked proceedings, in all their works by open violation of laws. The Oath and Office of Iudges. Lawyers have liberty to pled their clients causes according to their Science and Conscience, and they that are bad abuse both, and for their Fee fear not to say any thing: but Judges are sworn to do right, and swerve as much as the other to satisfy his humour, who hath given them their honour, and in hope of higher places hazard heaven itself, and see no more then the blind, for bribes and brave places please them more then truth and; equity and when the King says he and they shall interpret the laws to the Parliament, and they shall pass no other judgement then warranted by them, we may be sure the wise men of our Kingdom shall be made fools if they follow any such Verdict, as a royal, but no righteous Edict to rule us all. The jury of 12. men conclude every cause and Crime. Witnesses in the Word of God are counted most worthy of trust for the truth, and our Law with them proceeds further, to find a jury to hear the evidence, and the Judge to declare Law upon it, and then they pass the verdict, or final fate of mens for unes, and what far excels them, their very lives, when both now pass without Law against the Parliament, the supreme Judge of all causes kept from it by a Civill war, the wickedness whereof will presently appear in adding the Divine and the King, most coupled in this mystery, and without fear I will form them both into such a composition as the world dreams not of; and the Prince and riest shall take no prejudice by me, except the truth be prejudicial to them to hear their errors, in the corruption of the purest calling. They are the two principal pillars that bear up two bodies, that now lie dead in the street of the great City, Rev. 11.8. Witnesses they are called, when they maintain the truth, and Beasts when they oppose it; and they are two to two, Rev. 11.3. & 13.11. Magistrates and Ministers are the great mysteries in the matters that now maintain the warres, and they rise up one against another, even in the same kingdom, and the common calamity is come to our doors, and to open it will be evidence enough why Papists are become Protestants, in Divine Sermons, Service, and Sacraments. Our Sermons, they say, are moral persuasions, and our Religion without all formal heresy, or moral malignity: Our Service is a piece of their mass-book, and therefore so far good to hear it, and hope a part will bring in the wholes; and mass, and matins, with all the marrow-bones, will be like Ezekiels boiling pot, where scum and filth, with flesh, shall all boil together, and nothing be purged our of it, till all be consumed in the fire, Ezek. 24.12.13. Fire and fury in our Nation is divine, and will not be done away, till all roman mixtures be made to pass out of our land, and we left better then we have been. The Pot must be filled with the choice bones, and bones must burn under the pot. The scum is in us, and woe be to us till it be out, and a through Reformation made, which God prosper. The two Witnesses, and the two Beasts. As the truth finds friends, so it hath enemies, Veritas odium parit, hatred is born as a Monster against nature, which is regular, and if error be, the birth is unnatural, and so it happened in Paradise. God saw every thing he had made to be very good, Gen 1.31. The three of good and evil, Gen. 2.17. was not so in being, but in use, and that was, to know mans main temptation, though now the love of the creature tempt him more then the knowledge of the creator. The monster appears in mans apparel, Gen. 3 7. and the leaves cover them, whose fruit made them naked; and ever since the shells of truth have been the shadows to hid errors, which makes the Apostle call this last Aposlasie, 1 Tim. 4.1. hypocrisy, vers. 2. and it is of such liars as live nearest Christians, Rev. 11.2. as the Court of the Temple is so near it, that it contains it, and corrupts it, and nothing but the first measure can make good truth against it, from the which we have declined ever since the end of the fourth Century, which follows the read Dragon, Rev. 12.8. and appears in two Beasts, whereof the one bears his Crownes, Rev. 13.1. and the other his Priesthood, Rev. 13.11. The first is an Army of Seculars that fight with the Lamb with ten horns, Rev. 17 14. and the other of sacred persons, that set upon him with his own horns which are two, Rev. 13 11. the secular horns are seduced, Rev. 17.13. or subdued, Dan 7.8.24.25. The secular horns held the sacred horns under till they were expulsed quiter out of Rome, and the servile province thereof to Emperours and Kings, became the sovereign Lordship of the Pope and for whom Princes and Priests seduced or subdued have made all the stir and they that will not stand for him are withstood with all the subtlety and cruelty that wit or wickedness can work by war, or secret contrivances. No marvel our King protests our protection without the Parliament, nay against it, for so are both the Monsters of Popish brains, which they believe not when they have hatched them in hatred of us and our King. The council of Basil decreed a general Synod to be above the Pope, and the reason is from a Senate above the King, and the Reason thus, all States have remedies to right themselves against ruin by a self preservation against one man. That all by one should perish is unreasonable, and therefore in kingdoms the highest Courts command all, and take care for common safety. These miscreants of mischief have since the council of Basil made one Bishop above all Synods and Senates, and because the great Senate of England is not under their error, they create one against both Pope and council, and say, certainly the King is supreme, not over all persons, but the very Parliament. A doctrine they never taught before this day; for all Popish Bishops and Barons ever held the King to be under them in Parliament, and God forbid the Bishops removed, the Lords and Commons should do as they have done, remove the King. But mark these men that are for the King, and what they say in both oaths of allegiance and Supremacy. They say the oath of supremacy was unlawful in the dayes of Henry the eighth, the first that found it out, and Bishop Fisher and Sir Thomas Moore dyed Martyrs, because he was of their Religion, and to swear any man but the Pope head of the catholic Church, is an horrible sin: but his son King Edward was head of another Church of his own making, and to be head of that all good catholics may swear it; but that the King is their head is most hateful in their Religion. We say the catholic Church hath no head but Jesus Christ, and that Kings are no heads of it, but of all such persons as profess it in their Dominions, which Papists will not profess, for as catholics they have no head but the Pope, and to him they are sworn to defend his catholic Church against Protestants, and to die as Fisher and Moore died Martyrs, that is, Rebells, for they dyed not for Religion, King Hemy still professing their catholic Faith, but not the Popes supremacy in his kingdom. But now these wise men, like weather-cockes, turning with the times, and seeing the Parliament against them, set the King against it, and above it, that he may do for them, to undo himself and whole Kingdom. And now see the two and ten horns set against Christ, & meditate seriously on the mystery. The most of the Ministers are malignants; for what makes them with the Papists to put the king above his Parliament, and pled conscience to the people, but that they may obey the King against the Parliament, because the king must do all things, and without him nothing can be done, and yet all he can do is to Bills of new Laws, which is only this, if he grant them le Roy voet, if he will advice before he grant them he says, le roy ad visera, & good reason the king should be ruled by his own judgement, the judgement of his sworn judges, his counsellors, both privy and public, and till he find just cause to grant to suspend his voie, but not by violence compel his counsel to do nothing, because he cannot or will not do this: the parliament is bound by the great trust of the kingdom to do all things to preserve it. The Conclusion to all Benevolent and Malevolent English men. Country-men, what is your contention ene with another? can you tell the cause of your combat? call to mind your mustered mistaken truths. First, you speak of known laws, have you any against, above, beside, or without the Parliament? If you have, who told you so? Malignants without doubt, and never deny yourselves to be such, if you hold such an opinion against the Parliament, for never durst any person declare what was law without the Parliament, and now every man will be a judge, and resume his power to pass sentence upon them he hath elected to be the mouth to declare without contradiction the mind and meaning of all just and legal proceedings. Secondly, you make much of the will of the King, and his personal commands and hold them good against both Houses, and that you are bound in conscience rather to obey such Edicts of injustice, then the verdicts of Judges above all Juries, and processes whatsoever. An infallible evidence of error to argue obedience to the will of one man, when many are to be obeied in the same power. It is not the will of the king that makes any law, and if law be the rule of our wills, the sole will of the king cannot warrant what we do. The judgement of any Court is more to be obeied then the pleasure of the king, Quod principi placet, legis non habet vigorem, and the position is true, that Kings sedneed, may injure the Common-wealth, but the Parliament cannot, because they are most proper Judges of the kingdom, and the imminent dangers therof. Thirdly, the right of the Subject as it is in himself by inherence or inheritance is not known or held against the Parliament. His person is free, fortunes firm, and what he hath he may hold, but not by his own will, the trust is out of his own hands, and for common good nothing may be kept to our own use, required from us by them we have trusted. The king and kingdom hath committed all to the two Houses, and if they were not worthy, we should never have been so rash as to have left such a power in them by whom we may perish. We may perish by the King but the people never perished by the Parliament Many are transported against both Houses to hate their proceedings, that so great trust by the Act of Continuance is committed unto them and such confidence reposed in them, that the King hath lest his royal prerogative in their hands, not to dissolve the Parliament till they please, and make his grant so great ingratitude in them, that they would have all men grieve with the King that he hath lost his wonted power to dissolve at pleasure that body he hath convented to correct the whole kingdom, such are the words of Malignants to make them odious, as if they had circumvented the King, and drawn him into a snare, promising to make him great, rich and honourable, and doing the contrary. The scandals cast upon the Parliament are such slanders as may be wiped off from them with ease, if men were as earnest to understand as they are to argue. His majesty had reason to call and continue his Parliament to pacify his people in Scotland, pay them for their wrongs, and support such-publique charges both by Sea and Land, and that in all his kingdoms as is almost incredible. The causes may be known by all. Scotland was provoked by our Bishops to receive their Discipline by compulsion. Ireland is in Rebellion to raise up Popery with the perdition of all the people that are Protestants. A Popish Army is raised in England; the Parliament deserted, Delinquents protected, the People destroyed, Malignants suffered to muster forces to fall upon the quiet People, drive them from their possessions, purloin as they have, wast their habitations, and cause the two Houses to be loaden with all the cares of the Kingdom, and yet these cry out, how much have they promised his majesty, and how little do they perform. They tell the King they can do him no wrong, because he is not capable to do it or receive it. That they take nothing from him, because he had never any thing of his own, &c. It were end less to hear the hatred of these horrible Malignants, that are sorry the King hath so little to give them, and therefore they say all is his, and make his authority sufficient to take away every mans estate, which to sue out of their hands, the two Houses can handle nothing of any other concernment, then to prevent imminent dangers, as fast as their enemies create them, and if the safety of the People be the safety of the Prince, and their riches and plenty the way to make him great, rich, and honourable, they can effect nothing for him before their good and prosperity bee procured. His majesty makes the interpretation of the Statute of the 25. Edw. 3. to provide for the meanest Subject in the kingdom above the King, and why? Because they are for Treason that destroys the kingdom, and say nothing of the King. I hope the King is safe in that Subject, and am sure out of it he hath no safety, and as the case now stands, the kingdom is in danger by an Army with him, which to preserve the kingdom no man can see it, and truly how it should preserve the King in a riddle too, whom they have exposed to ruin with themselves, not by the kingdom, but the preservation of it out of their hands, which if they prevail, they may promise the person security, but the King can have none, if his kingdoms perish. Take all, and wonder at the wisdom of them that seek to make us all fools. First known laws against the Parliament. Secondly, the will of the King against the Parliament. Thirdly, the Liberty of the Subjects against the Parliament. Fourthly, their property in their goods against the Parliament. Fiftly, their power against the Parliament. sixthly, their Commission of Array against the Parliament. Seventhly, their Army against the Parliament. Eightly, the exaction of the Peoples goods against the Parliament. Ninthly, the arming of Papists against the Parliament. Tenthly, the personal Commands of the King against the Parliament, and all because the King will not join with them from whom he cannot bee disjoined, or do any thing without them, and if they ask whether they can do any thing without him? I answer all things but the making of new laws. They may declare laws without him, as a Court having his Authority, and the Authority of the whole kingdom. Le Roy voet, and le Roy ad visera are onely personally required in new grants, but what is granted they may execute, as to declare doubis of laws, redress injuries, punish offenders, cancel the Kings grants; provide for imminent dangers, and by Ordinances command such obedience as may secure the kingdom, and the fallacy the Parliament can make no new laws without the King, therefore they can do nothing, is from one particular to conclude a general, not this therefore nothing, as if this were all, when many things may be done that require neither Le Roy voet, or Le Roy ad visera, for if the King may grant or deny, and so to deal, determine all, he may dally and delay judgement, as he pleaseth, which God forbid. FINIS.