THE ROYAL, AND THE ROYALLIST'S Plea. Showing, That the King's Majesty hath the chief Power In this Realm, and other his Dominions, [1 Pet. 2.13.] And to him the chief Government of all Estates of this Realm, whether they be Civil or Ecclesiastical, in all Causes doth appertain. Artic. 27. of Religion concerning Magist. We Confess and Acknowledge, Empires, Kingdoms, Dominions and Cities, to be distincted and ordained by God, for the Manifestation of his own Glory, and for the singular Profit and Commodity of Mankind, [Prov. 24.21.22.] So that whosoever goeth about to take away, or confound the whole State of Civil Policies, now long established; We affirm the same men, not only to be Enemies to Mankind, but also wickedly to fight against Gods express Will. Confess. of the church of Scotland, concerning the Civil Magistrate. And the first thing We Covenant is, to defend and maintain the Doctrine of that Church. Ano. Domi. 1647. READER, BEFORE I treat of the differences between the King and the Parliament, Of the constitution of the kingdom of England. and set forth the Grounds and Intents of the War on both sides (either Party charging the Other, with a Design to overthrow the established Government of the Kingdom) I shall promise something concerning the Constitution of the Kingdom, and Parliament of England. And, whereas there are three kinds of Government, Three kinds of Government. The first Monarchical, by One; The second Aristocratical, by the Nobles; The third democratical, England a Monarchy, it consists of a head and a subject body. by the People. The Government of England is of the first sort, Monarchical. And the Monarch is the Head, And (with us) though Barons and the People, are the Subject-Body of the Kingdom. The King governs the Church by Archbishops & Bishops, And the Civil State by Temporal Officers: And to enable him for that his Administration and Government, Sundry Political Powers in the Monarch for governing the kingdom in itself, & in order to other Princes and States. the King is invested with sundry political Powers as of Treaties of War and Peace, of making Peers, of choosing Officers and Councillors for State, Judges for Law, Commanders for Forts and Castles, giving Commissions for raising Men, to mako war abroad, or to provide against invasions or insurrections at home, benefit of Confiscations power of Pardoning, and others of the like kind: The necessity of these Powers in the King. And by this Power and Authority he draws a respect and relation from the Nobles, and fear and reverence from the People, and thereby prevents division faction in the one; tumults, violence and Licentiousness in the other, and so preserves Peace and unity amongst us: as also by the Authority & Power aforesaid, The King is enabled to discharge his Office & Oath, to preserve the Laws of the Land in their force, and the Subjects in their Properties and Liberties. The Parliament consists of a Head and ●subject Body. And as the Kingdom, so the Parliament of England, is constituted of a Head, and a Subject-Body; The King being the Head, and the two Houses the Subject-Body of the Parliament. The King calls the Parliament and dissolves it. He calls each Baron by a peculiar Writ. He sends forth Writs into the several Counties, & into the Cities & Boroughs for electing Knights, A Proxy acts for another by assenting & dissenting for him but hath no superiority or authority over him for whom he acts. Citizens & Burgesses to serve for them: and the people meet & choose accordingly, & send up the persons so chosen, as their Proxies, to sit and Vote for them by way of assent and descent, upon all occasions in Parliament: and so the King and the whole Kingdom (by their Representatives) convene in Parliament. As the Barons swear fealty to the King at their Creation so the Law requires the Members of the House of Commons to take the oath of Allegiance & Supremacy, The Lords and Commons swear fealty & allegiance to the King. before they are admitted to sit there. The principal Power and work of the Parliament is in Law making: and our Laws are made thus, Bills are framed & agreed on by the Lords & Commons and afterward presented to the King, How our laws are made. and by the Royal assent they become Laws. And this is that which the King swears to at his Coronation, and it is well expressed in the form at the Coronation of Edward the sixth in these following words. The Oath at king Edward's Coronation. 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? Liberty of vote an essential privilege of Parliament. And in passing of Bills, The King & the Lords and the Commons are to Vote freely, and this liberty of Vote, is the most essential privilege of Parliament, yea, The King and the Lords and Commons, Of their Negative Votes. have every of them their Negative Vote in this Case, thereby to preserve themselves and these Rights and Privileges one against another: And so to keep the Constitution of the kingdom inviolate. And it is a peculiar Privilege of the house of Commons, to make the first Propositions for the Levies of Money, The privilege of the House of Commons. which is the Sinews both of Peace and War. Also that house takes notice of the violating of our Liberties, and impeacheth those that have oppressed and grieved the Subject. And the Lords proceed against them in a judiciary way, The Judiciary power of the house of Lords to remedy misgovernment. & punish them. But in this Case the Law says, The King can do no wrong. And if any thing be done amiss in matter of State, the Council: If in matter of Justice, The King can do no wrong. the Judges must answer for it, as themselves have declared, May 19 Husband's Collect. pag. 199. The House of Lords hath also a judiary Power upon Writts of Error brought against Judgements in inferior Courts. Also, either House hath Power over their own Members: But over the Subject at large and in General (without the King's Concurrence) neither house hath Power, nor both of them joined together. Much less have they power over their Sovereign Lord the King, They ought to support the king and the Crown, & not to invade and null them. who hath no Superior under God (25, Hen. 8.) & much less over the imperial Crown (which hath been free at all times, and in no earthly Subjection, but immediately to God in all things touching the Regality of the said Crown 16. R. 2.5.) And which was never invaded by any Parliawent before, and there is nothing of Power extraordinary in the present Parliament, but of cantinuance only, being not to be dissolved but with the consent of both houses of Parliament. The privileges of the Members of Parliament. Lastly, touching the privilege of the Members of Parliament themselves (in their Petition to his Majesty at the beginning of his Reign, in the Case of the Earl of Arundel) have declared thus. We find it an undoubted Right and constant privilege of Parliament. That no Member of Parliament, sitting in the Parliament, or within the usual times of the privilege of Parliament, is to be restrained or immesoned, without Sentence of the House, unless it be for high-Treason, Felony, or for refusing to give Surety for the Peace. And so in Q. Elizabeth's time, when Wentworth made those motions that were, Wentworths Case. but supposed dangerous to the Queen's Estate; He was imprisoned in the Tower, notwithstanding the privilege of the House, & there died. Thus whereas there is in every of the three kinds of Government some good (as Unity in Monarchy; The equal & happy constitution of England. Counsel in Aristocracy; Liberty in Democracy) and some evils, (as Tyranny in Monarchy; Division & Faction in Aristocracy; Tumults, Violence and Licentiousness in Democracy.) By the Constitution of the Kingdom we have the good of all these without the evil of any. And hence, for so many hundred years hath the English Nation been famous & happy to admiration and envy: Pro. 24 21.22 Even from this Ancient, Equal, Happy, At present the Lords & Commons shake off the yoke of subjection, and affect the chief Power & Government; ●or do they Act as our fellow subjects & Proxies, but as our Lords and Masters, nor do they study Liberty with us, and for us, but Sovereignty over us. Well-poized, & never enough commended Constitution of this Kingdom: From which receding, all these Political Evils have overtaken us. Even Tyranny and Oppression, Division and Faction, Tumults, Violence and Licentiousness: And what will or can be the end of this but Anarchy, Confusion and utter Destruction of the King, of the Parliament, of the Kingdom, of the N●tion? Oh that they were wise, that they understood, that they would consider their latter end. Deut. 32.29. THE ROYAL, and ROYALLIST'S PLEA. THAT the chief Promoter of the present war had a design against his Majesty and against Monarchy, is now manifest to all the World, The Vote for sending the king to Warwick Castle. by the last vote for sending the King to Warwick Castle; and by Mr. Prideux his speech in October last, for, Mr. Prideux his speech, for abandoning Monarchy. abandoning Monarchy (now they have gotten the power of the Sword) and for settling the government of the Kingdom in the two Houses of Parliament. But our Plea is grounded upon former Evidences, The ground of this Plea. from the very summoning of this Parliament, unto the taking up of arms. For how did they stickle in the Counties and Burroughs, They Stickle about Elections. for such to be elected into the house of Commons as were of their opinions and inclinations? And no sooner did they meet and sit in Parliament, but they ratified and damned Elections at pleasure, in Order to their Design. A Bill against Bishops, & the Militia. Seditious Lecturers and Pampleters. The Protestation protested, and To thy Tents Oh Israel. Tumults. The Members thus prepared: They bring in two Bills The one to take away Bishops, Root and Branch, The other to take the Militia, by Sea and Land from the King; the later being preferred by Sr. Arthur Haslerig. And failing in this way, thee send forth factious and seditious Lecturers, which inveigh against the present Government of Church and State, and they Licence Pamphlets, that deprave the Government of the Kingdom. The people thus prepared, They raise tumults in London, to force and compel the Parliament to join with them, Tho●● accused Memb●●● protected in the prosecution of their Design; and his Majesty charging them with high Treason for these attempts against himself and against the Parliament: They get themselves protected under the pretended privilege of Parliament: from verbal they fall to reall-Treasons; and they possess themselves of the Forts and Castles, after that his Majesty had promised for their security, that they should be only in such hands as they should have cause to confide in. Jan. 27. The Forts and Castles, & the Militia▪ with the Navy Royal taken from his Majesty. And they dispose and execute the Militia of the Kingdom, altogether excluding his Majesty, after that for their farther security, he had accepted of the Lords Lieutenants in the several Counties recommended by them Feb. 28. And after he had condescended touching the Militia of the Corporations April. 8. What reason they pretended for the Militia In the last places they seize on the navy-royal. And (in their votes of March 15.) she reason pretended for the Militia, was to defend the kingdom against Enemies from abroad (when we had none) and against the Papists at home (when they were naked and without Arms) and against a discontented party amongst us (i.e.) against the King and his party, whom they had discontented and highly provoked by their late proceed. See the opinion of the judges in the Case of the E. of Essex. And as their seizing their Forts and Castles, etc. was needless in the two former respects, so in the later was it Rebellious, being not for the public, but for their private security and advantage: not to defend the Kingdom against danger, but to protect themselves against justice: not to put us into a posture of defence against a common Enemy, but to put themselves into a posture of power and strength against his Majesty, thereby at once enabling themselves to force him and disable him to resist them in the prosecution of their design against him. And no sooner had they got the full strength of the kingdom, but they actually and professedly set themselves against his Majesty. Sir John Hotham keeps him out of Hull April. 23. Sr. John Hotham. And the two Houses justify his Traitorous Act April 28. Not long after Mr. Martin says openly in the house of Commons, and unreproved. Mr. Martin. That the King's Office is forfeitable. And that the happiness of this Kingdom, They strike at Monarchy, as at Episcopacy, root & branch. did not depend upon his Majesty, or any of the Royal branches of that Root. And Sy● Henry Ludlow. That he was not worthy to be King of England, Sr. Henry Ludlow. Both Houses tacitly imply the deposing of the King. They make attempts upon the Imperial Crown. The King's Negative vote. The 19 Propositions. which doubtless was the sense of the Parliament. For May 26. both houses declare. That they should not want modesty if they followed the highest Precedents of other Parliaments. The Crown itself cannot escape them, nay they aim at that ultimately: For in the same Declaration they deny the kings negative Vote in Parliament. And to deprive the King and the Crown of their power, not only in Law-making, but also in Governing, They offer to his Majesty 19 Propositions, destructive of Regality and Monarchy june 2. And they enforce them as absolutely necessary to the public safety; whereas to the Kingdom's security, The Forts, and Castles, and the Militia, and the Navy, alone are sufficient, in case of danger: and so the particulars are proposed and imposed on his Majesty, only by way of design, to undermine Kingship and Monarchy. And his Majesty's former condiscentions touching the Forts and Castles, and the Militia, and the Navy, Note. being more than sufficient against their pretended dangers, at present, they also are demanded, not for necessity, but merely of design and policy: They claim an absolute power over the Subject, in Order to their Cause, and to the present War. And they take up Arms in prosecution of these Propositions and demands, june 10. After they had in the forecited-Declaration of May 26. claimed a power over the people of the Land, to dispose of their persons and estates, in Order to their Cause, and to compel them to serve in the present War. The whole Series of Occurrents discover their Design. Thus the entire Series of Occurrents (from their Summons to their Arms) plainly discovers the malice of their hearts, and the Reality of their Design, against the King, and against the Crown. The several particulars show how they have moved from time to time. And the several particulars show clearly how they have moved from time to time; first in a Parliamentary way by Bill, then by Pamphlets, in a seditious way; afterwards in a Tumultuary way, against the Parliament; Next, under the pretended privilege of Parliament, against the king; Then by usurping the strength of the Kingdom, and with insolency against his Majesty, and not without attempts upon the Crown itself; And lastly (other means being ineffectual) by force of Arms, Why they raised their Arms and continue them, & when they will lay them down. raised at first to maintain and make good whatsoever they had preferred, published acted, usurped, spoken, declared, proposed; and to drive on their Design against the King, and to alter the Government of the Kingdom, and to this day continued to perfect that alteration (begun in part already) and not to be laid down, till it be completed and settled, to the utter overthrow of Monarchy; and consequently to the Ruin and destruction of his Majesty and his Posterity, who are the only Rub in their way, and to be necessarily removed, before their dominion can be established. I shall omit all other Particulars before rehearsed (leaveing them to the further consideration of every private man) and insist only on the Propositions, Why the other particulars were omitted, and the Propositions only insisted on. which are the very drift of all the former proceed, and a lively Portraiture of the whole Plot, and the reason of the first Arms, and the constant Argument of their Treaties, and consequently the ground and end of the War. The true state of the War, on the King's side and on the Parliaments. THE Lords and Commons assembled in Parliament allege, That there was a Design by Papists, The Allegation of the Lords and Commons for taking up Arms. and by an ill-affected Party, to overthrow our Religion, Laws and Liberties, and to introduce Popery and Tyranny, and that they took up Arms to defend our Religion, L●wes and Liberties. The King allegeth, That there was a Design by a factious, seditious, anti-monarchical Party, The King's Allegation for his taking up of Arms. to overthrow the established government of Church and State, and to settle the chief Power and Government in the two Houses of Parliament: And that upon their Allegation aforesaid, and in Order to their Design aforesaid, the two Houses have claimed and exercised a Sovereign Power over the Laws of the Land, and an Arbitrary and Tyrannical Power over our persons and Estates, and have levied war, and compelled us to serve in the war, as was pretended to keep out Tyranny and Popery, and so to carry on their Design against regality and Monarchy. And his Majesty took up Arms, as he allegeth, to maintain the ancient Government of the Kingdom, and our established Religion, Laws and Liberty. Now the true cause of taking up and continuing of Arms on each side, The true Cause of the war, on both sides. is best known by their Propositions offered before, and treated on since the war, The Parliaments Propositions. The Parliaments Propositions. THAT a Bill be passed for the utter abolishing and taking away Arch-Bishops, etc. For abolishing Bishops. For nominating the Officers of State, and the Judges in England. That the Lord high Steward of England, Lord high Constable, Lord Chancellor or Keeper of the Great-Seale, Lord Treasurer, Lord Privy Seal, Earl Martial, Lord Admiral, Warden of the Cinque-ports, Chancellor of the Exchequer, Master of the Wards, Secretaries of State, two Chief Justices, and the Chief Baron, be nominated by both Houses of Parliament. The like for Ireland. The like for the kingdom of Ireland, as touching the Deputy, or chief Governor, or other Governor there, and the Precedents of the several Provinces, the Chancellor or L. Keeper, L. Treasurer, etc. The Educating of the King's children. That he or they unto whom the Government of the king's children shall be committed, shall be approved of by both Houses of Parliament, and their servants likewise. For marrying them. That no marriage shall be concluded, or treated, for any of the King's children, with any foreign Prince, or other person whatsoever, abroad or at home, without consent of the Parliament. For the Militia That the Militia be settled, and the Subjects of the Kingdoms of England and Ireland, be appointed to be Armed Trained and Disciplined, in such manner as both Houses of Parliament shall think fit. For the Admiralty and Navy. That the Admiralty and force at Sea, and power of raising Money for the maintenance of those Forces, and of the Navy, be settled in the two Houses of Parliament. For the Forts and Castles. That the Forts and Castles of the Kingdom shall be put under the Command and Custody of such Persons as shall be approved of by both Houses of Parliament. For the votes of Peers to be made hereafter That no Peer made hereafter, shall sit or vote in Parliament, unless they be admitted thereto by both Houses of Parliament. For concluding of Peace & war That the Concluding of Peace and War with foreign Princes and States be with the advice of the Parliaments of both Kingdoms. A quere upon the Parliaments Propositions. Now the Question is, Whether (these Propositions considered) The two Houses of Parliament do truly take up Arms and continue them, for the defence of our Religion, Laws and Liberties, against Popery and Tyranny, as is alleged by them; or not rather for the overthrow of the established Government of Church and State, and of Reg●llity and Monarchy; and for settling the chief Power in the two Houses of Parliament as is alleged by his Majesty. There are I know other Propositions concerning Delinquents, but subordinate to those that tend to the alteration of Government. Their Propositions concerning Delinquents. Their Delinquents being only such as are enemies to their Cause, and have from time to time opposed their proceed against the King, and against the present Government, as appears plainly by their Ordinances concerning Delinquents, and by the Catalogue of Delinquents delivered in at the Treaties, and inserted amongst their Propositions: And they prosecute them not in a Judiciary and Parliamentary way, as Legal offenders; but in a Military and Hostile way, as an adverse party, Opposite to them and their Design. Now, whether these Gentlemen be Delinquents or no, shall be showed afterward, upon stating the war on both sides; Delinquency being not where the Cause is just, and the war lawful; but where the Cause and the war are unjust, and unlawful, that is the Delinquent Party. Their Propositions concerning Papists I have omitted, Their Propositions concerning Papists. because the King assented to them. (And how did they take up Arms for the defence of our Religion against Popery?) Concerning our Liberties they proposed nothing, No Proposition concerning our Liberty. all the Grievances set forth by the Lords in their Petition presented to his Majesty at York, being remedied by several Acts at the beginning of this Parliament. And how then did they take up Arms for defence of our Liberties, against Tyranny? Also there is nothing proposed concerning our Laws; their whole proceed being against Law; An observation of the King's Commissioners at Uxbridge. either against the twenty fift of Edward the third, in point of Treason against the King; Or against Magna Charta, and the Petition of Right, in point of oppression of the Subject. As also by their Orders, The two Houses and each House, and their Committees stop the proceed of the Courts of Justice, in Suits of Law, between Man and Man. And so the King's Commissioners at the Treaty at Uxbridge observed, That after a war of near four years for which the defence of the Protestant Religion, The liberty and property of the Subject, and the privileges of Parliament, were made the cause and ground, in a Treaty of twenty days, nor indeed in the whole Propositions, upon which the Treaty should be, there hath been nothing offered to be Treated concerning the breach of any Law, or of the Liberty and Property of the Subject, or Privilege of Parliament; but only Propositions for the altering of a Government, established by Law, and for the making new Laws, by which all the old are, or may be canceled. The King's Propositions. The King's Propositions. For his Revenues Magazine etc. THAT his Majesties own Revenue, Magazine, Towns, Forts, and Ships, which have been taken or kept from him, by force, be forthwith restored unto him. For maintaining the Laws of the Land, & the kings Legal Power & Right. For the Liberty of the Subject against illegal Power. That whatsoever hath been done or published contrary to the known Laws of the Land, or derogatory to his Majesty's Legal and known Power and Right; be renounced and recalled, that no seed may remain, for the like to spring out for the future. That whatsoever illegal power hath been claimed and exercised over his Subjects; as imprisoning their persons without Law; stopping their Habeas corpus, and imposing upon their estates without Act of Parliament, either by both or either House, or any Committee of both or either, or by any persons appointed by any of them, be disclaimed, and all such persons so Committed forthwith discharged. That as his Majesty will readily consent, having done so heretofore, to the execution of all Laws already made, Against Popery. and to any good Act to be made for the suppressing of Popery, and for the firm settling the Protestant Religion by Law established; So he desires that a good Bill may be framed, for the better preferring of the book of Common-Prayer, from the scorn and violence of Brownists, For the book of Common Prayer. Anabaptists and other Sectaries, with such clauses for the ease of tender Consciences, as his Majesty hath formerly offered. That all such persons as upon the Treaty shall be excepted out of the general Pardon, shall be tried per Pares, For the trial of Delinquents according to the usual course and known Laws of the Land, and that it be left to that, either to acquit or condemn them. Now the question is, A quere upon the King's Propositions. whether (these Propositions considered) the King doth truly take up Arms, and continue them, to maintain our Religion, Laws, and Liberties; against Popery and Tyranny, as is alleged by his Majesty, or to overthrow them, as is alleged by the two houses of Parliament. But the Lords and Commons plead for themselves finally. That they took up Arms, and continue them, The final Plea of the Lords & Commons retorted: to prosecute their Propositions, only in Order to the defence of our Religion, Laws and Liberties. Or rather they took Arms, and continue them, for the defence of our Religion, Laws and Liberties only, in, Grder to the prosecution of these their Propositions, and of their Design; Seeing they will not acquiesce in his Majesties, which are directly and apparently for the establishing of our Religion, Laws and Liberties, against Popery and Tyranny, but offer and press their own Propositions, to the overthrow of our Religion by Law established, and of the established Government of Church and State. Besides, before Arms were taken up, his Majesty was pleased to recede from his Right touching Forts, The King recedes from his Right, & from the● rigour of his Propositions. and Castles, and the Militia; and he condescended to them in divers other particulars, touching their nineteen Proposititions; thereby (if possible) to have prevented the War amongst us. And after that Arms were taken up, and the kingdom embroiled in War (to prevent the further mischiefs thereof) his Majesty was pleased to recede from the rigour of his Propositions; and at the Treaty at Uxbridge, by his Commissioners, he would have complied in several particulars touching the Bishops and the Deans and Chapters: and he would have trusted them with the Militia for two years, and afterward by a Message from Oxford, he graciously condescended: 1. That all who are Protestants should have the free exercise of Religion according to their own way. The King's Message from Ozford. 2. That the two houses of Parliament should have the Militia for 7 years. 3 That they, pro hac vice, should choose the Lord Admiral, and Officers of State, and the Judges. 4. That the business of Ireland should be referred wholly to them. 5. That he would join with them in an Act for the payment of the public debts. 6. That he would pass a General Act of Oblivion. I say the King was pleased, in favour to the Parliament, and the Subject, to recede from the Rigour of his Propositions: But the two Houses would never abate one jot of their Propositions and demands, They will not recede one jot from the rigour of their Propositions. in favour of his Majesty or Monarchy; but rather have screwed them up from time to time, and heightened them against both. Nor will they now be satisfied with the establishing of our Religion, Laws, and Liberties, unless it be by way of their Propositions thus heightened: And so they encroach upon the Crown daily, more and more, until at length they invest themselves in the full Power and Rights of the King and of the Crown. And at first they pretended the defence of our Religion, The defence of our Religion, L●wes and Liberties pretended, and why Laws and Liberties, in policy only (that they might more effectually prevail with the people, and more colourably seize the Militia, and raise an Army) for by their Arms, they do not only, not defend our Religion, P●●testatio contraria facto. Laws and Liberties, but (taking upon them Sovereign authority over our Laws, and an Arbitrary Power over our Persons and Estates) they abolish our Religion, by Law established, By their Arms they do not only not defend our Religion, Laws & Liberties, but invade and violate them. in Doctrine, Worship, Discipline and Government (to comply with the Independents, Brownists, Anabaptists, and other Sectaries, to make them of their party to carry on their Design against Munarchy) And they trample under foot our Laws, and invade and violate our Liberties, in prosecution of their Design, against his Majesty, and in him, against Monarchy: Ordaining, contrary to the Petition of Right, That we bear Arms, billet Soldiers, pay Monies and take Oaths, not imposed by Act of Parliament; And upon our refusal, Sequestering and Imprisoning us, without more ado; and proceeding also against some by Martiall-Lawe, and Condemning and Executing them: Whereas by Magna Charta, no man should be disseized of his Estate, nor Imprisoned, nor suffer, but upon trial by his Peers. But who would have believed, that our Religion, Liberty and Laws, which for so long a time have endured Opposition and Assaults from foreign Power, envying our happiness, would have been Opposed, Oppressed, and Trod under foot by the Crafts and Cruelties of our own Natives and Countrymen? As is declared by both Kingdoms joined in Arms for pursuance of the Covenant Janu. 30. 1643. This a most dangerous precedent. The true state of the war, on the Parliaments side. There is not Law warranting the Lords & Commons to take up Arms. Rom. 3.8. Their present War is, First unnecessary as pretending the defence of our Religion, laws and Liberties against Popery and Tyranny. Secondly, unjust as contending for the King & crown. Thirdly, wicked, as intending the overthrow of the Constitution & Government of the kingdom and intimating the destruction of the King & his Posterity in order thereto. No privilege in Case of treason. Having got the power of the Sword, they may rule and overrule the king & people, & invade his other Rights and their Liberties at pleasure. And Oh! the unstable and miserable Condition of the English Nation, if the two Houses of Parliament or a prevailing factious Party there, may at pleasure alter our Established Religion, Laws, Liberty, Property and Government. And so (the Premises considered) the true state of the Question concerning the War on the Parliaments side, is clearly this. Not whether the Lords and Commons may seize and detain his Majesty's Forts and Ships; Nor whether they may settle and dispose the Militia and the Navy, and raise an Army for the defence of our Religion, Laws and Liberties (though to do any of these without the Royal Authority, upon any Pretences, or to any Intentions whatsoever, whether to expulse Strangers, to remove Counsellors, or against any Statute, etc. be to levy war against the King? because they take upon them Royal authority, which is against the King, Cook 3. part Institut. Cap. de high-Treason. And I know no difference between the Lords and Commons in Parliament (in this Case) and others out of Parliament, all being in the condition of subjects to his Majesty, and there being no privilege of Parliament in Case of Treason: But whether they may put themselves into the strength of the Kingdom, and raise forces, and employ them to the intents and purposes expressed in their Propositions, viz. For taking from the King and from the Crown the Government of the Church by Archbishops, Bishops, etc. and the Government of the State likewise, whilst they would nominate the great Officers and the Judges, and would dispose the Militia, and the Navy, and the Forts and Castles, etc. And for settling the chief power and Government both of Church and State, at present in themselves, and in the two Houses of Parliament hereafter; yea for Subjects (and such are the Lords and Commons in the present Parliament assembled) to put themselves into such a strength as the king shall not be able to resist them, and to force and compel the King to govern otherwise then according to his own Royal authority and direction is manifest Rebellion, It is manifest Rebellion. according to the opinion of the Judges deliveeed at the arraignment of the Earl of Essex. How much more in our present Case, Their Rebellion aggravated. when they would take away the power and government from the King and Crown? Again, The premises considered, The true state of the war on the King's side. The war on the King's side is vindicatory and defensory, in respect of the King's power and righ●, and of the Laws of the Land, and of the Liberty and property of the Subject. The true state of the question concerning the War on the King's side is clearly this. Not whether he may raise an Army against the Parliament (though if he should, I know no warrant for resisting him,) But whether the King may not raise an Army, and fight against the Parliament, for the reasons expressed in his Propositions. viz. For the recovery of his Revenue, Forts and Castles etc. For vindicating the Laws of the Land, and his Legal power and Rights etc. For Redeeming the Subject from illegall-power, and from manifold oppression. For preserving the established Liturgy etc. For bringing Delinquents to a Legall-Tryall. The Lords and Commons in Parliament, as well as other his Subjects, being liable to his Majesty's displeasure, whensoever they keep not themselves within the circle of the Law, and Custom of Parliament. Cook lib. of Jurisdiction of Courts. Note. Cap. High Court of Parliament. And themselves have declared, That all forcible practices, malignancy, Delinquency, and Covenanting, etc. The true state of the question concerning the deposing of the King. much more such Rebellious proceed against the King, are inconsistent with the Nature of the Council, being the Body whereof his Majesty is the Head. Husb. Collect. of Remonst. pag. 100 And from those express ends in the Propositions on both sides must we judge, as of the war, so of the incidents thereto; Malignancy, Delinquency, Covenanting, etc. And of the consequents thereof, the bloodshed and spoil in England, and the loss of Ireland, and the blood and treason to be expended in the recovery thereof, and the deposing of the king (though no protestant Parliament ever did so, and Protestants generally abominate the doctrine of Deposing of Kings. Dan. 2. 2●. Dan. 4.17.25.32. Rom. 13.14 4. The Observator himself says, That never was any King deposed in a free Parliament:) But whether the Parliament may depose the King, because he hath taken up Arms and sought against them. For recovery of his Revenues, etc. For vindicating the Laws of the Land, and his Legal power and Rights. For Redeeming the Subject from illegal power, etc. And because he will not assent to their Propositions, and renounce his Cause, and ruin his friends, and betray the Crown, They cannot in justice or in gratitude depose the King. and depose and degrade himself and his Posterity. Also whether they may depose him, after he hath by several Acts of parliament asserted our Liberties, and offered to pass whatsoever is desired against papists. And after his gracious condiscentions touching the Forts and Castles and the Militia, The depriving of the King, a consequent in every Rebellion. for our security; and after his other condiscentions declared in his answer to the nineteen Propositions. And after his gracious Messages from Nottingham and Oxford, both that upon the Treaty there, and the other about a year since, which see before. 1 Sam. 26.9. How we must judge of their after proceed with his Majesty. The true state of the question on the Parliaments side, in reference to the Liberty of the Subject in general, and more particularly of the Royal Party. But this is an ordinary consequent in every Rebellion, The Rebels not suffering the king to live or Reign, which might punish or take revenge of his Treason, as is evident in Ed. and Ki. both the second. And this also the Judges delivered for matter of Law, at the arraignment aforesaid, And in this case must we ground our judgement of their after proceed with his Majesty, on the Sentence of the Law, and on the Evidences of Histories, and not on their Declarations, alterable at pleasure, as themselves aver. Lastly (the promises considered) The true state of the Question on the Parliaments side, in reference to the Liberty of the Subject in general, and more particularly to the Royal party, is clearly this; Not whether the Lords and Commons assembled in Parliament, have power over our Laws, Lives, Liberties and estates, in Case of defence, as aforesaid; But whether they have power to compel us to serve with our persons and estates in the present war against his Majesty? and in Case of refusal, whether they may proceed against us, and whether each house hath power in this Case to sequester and imprison us. As also his Majesty's taking up Arms for the reasons above mentioned, and requiring us to assist him in this war, whether they may question and punish us for such assistance; These legal Oaths oblige us rather than our late vows and covenants. seeing we are bound by the Oaths of Supremacy and Allegiance, to assist ●nd defend all Jurisdictions, Preeminencies, and Authorities belonging to the King, his Heirs and Successors, or annexed to the Imperial Crown. And for such Deed and Service, we are utterly discharged of any vexation, trouble or loss. 11. Hen. 7. cap. 10. And whereas the Parliament in their answers hereto grant it to be duty of allegiance, Ob. to serve the King in war for the defence of him and of the Land, but not in wars against the Land or the Parliament, the Representative body thereof. It may be replied and truly; Sol. That the greater part of the Lords and Commons, and consequently of the people of the Land, taken collectively, and in Parliament joined with the King before the Tumults; as did the greater part of the people diffusively take part with his Majesty before they called in our brethren of Scotland, Upon 〈◊〉 what terms they called in the Scots whom they invited by several Messages, Declarations, Protestations, Attestations, Asseverations and Oaths, They profess declarations alterable at pleasure. See the Scots papers printed at Edinborough June 1646. in testimony of their unshaken, Resolved and constant Loyalty to his Majesty and to his Posterity: But now they have Notoriously and professedly revolted from both: and when the Scots-Commissioners urged those Declarations and attestations against them and their proceed, they answered that Returns should not be made against England, upon their former Declarations, as if they were obligations, whereas they were alterable at pleasure. And now, that by the help of our Brethren, they are Conquerors, and absolute Masters of all; see how they fall again upon their design against his Majesty, and against Monarchy: and drive it on with all might and main, and by all ways and means now, as at the beginning; and what was Treason before is Rebellion now. Their Proceed after the War, the same as before the War. They stickle about the Elections. 1. Then they stickled for such men to be elected into the House of Commons, as were of their opinions and inclinations: and so they do now. Bills against Bishops, & for the Militia. 2. The Bills against Bishops, and for the Militia, were in the first place insisted on then: and so they are now. 3. Seditious and Traitorous pamphlets were published then, Traitorous Pamphlets. as now, by Mr. Lilburne, by Mr. Chaloner and his vindicator, by the author of the book called The unhappy game between the Scots and English, and by others, professed enemies to his Majesty and Monarchy. Tumultuary Sectaries. 4. Tumultuous Sectaries were raised and countenanced to force the votes of the Members of both Houses of Parliament then: An Independent Army. and an Indepentent Army is raised and continued to force the Kings vote now. Of the Forts & Castles. 5. They seized on the Forts and Castles, and the Militia, and the Navy then: and they detain and dispose them now, as then; for securing, not the kingdom, but themselves and their Design. Of deposing the King. S●e the premised opinion of the Judge's concerning the deposing of kings and the Histories of Ed. and Ric. both the 2 6. Then Mr. Martin said openly, That the King's Office was forfeitable, and Sir Henry Ludlow, That his Majesty was not worthy to be King of England, and the two houses Declared, That if they followed the highest precedents of other Parliaments, they should not want modesty or duty: and now they tell us in the answer to the Scots papers, That the King is not in a condition to execute the duty of his place, or to be left to go or reside where and when he pleaseth. And here sticks the Design at present, Where the Design sticks. See the Scots papers, & the Lord Low●dns three several speeches of disposing of the King's person. the Scots dissenting and interposing and pressing for his Majesty's return to his Parliament, with freedom, honour and safety. But whatsoever they shall attempt and act, against or upon his Majesty hereafter, 'twill be (not as is pretended) a due guerdon for his war against the Parliament (for he hath contracted no guilt thereby) but as an effect of their conquest, and an accomplishment of their Design, agitated before, Their after proceed against the King not his due guerdon, but in effect of their Conquest, and an accomplishment of their pretended Design. and pursued and consummate by the present war. And whatsoever their after proceed be, his Majesty will still be Innocent: And whatsoever their pretences are, They will be Rebels still. (7) They Declared against the King's Negative Oath, in Law-making then: and now they give Laws without him. (8) Then they tendered to his Majesty Peopositions, to take away the chief power of Governing from the King, and to settle it in the two Houses of parliament: And at this day they insist on the same, Of the King's negative Vote. with full resolution to overthrow the Regal, and to establish a Parliamentary Government. And this is the utmost of their Design, Their propositions for the chief power in Governing. and the ultimate end of their War, and it concerns not the King only, but the Imperial Crown also. I know these Propositions are obtruded upon the King and upon the people at present, The utmost of their Design and the ultimate end of the War. as the only means of our preservation and safety against the common enemies of the Kingdom. But I have showed how some of the Propositions are useless in this kind, and how the others are at this time needless in respect of the kingdom, Of these Propositions, some are Civil, others Military. They take from the King the disposal of all Places of Honour, and Judicature and Power, and consequently all depend neigh; in these Respects, foreigners may come in to rescue the King and Crown, and not to invade the Kingdom. having no professed enemy at all, though by their disloyal, illegal, violent courses they have created to themselves many Enemies, both at home and abroad, who also may bring in foreign forces against them (if we agree not suddenly amongst ourselves) and yet not to invade the kingdom in a hostile manner: the like of late having been done by others once and again. Besides, they demand these Powers not for a time only, but for ever; See the several papers of the Scots Commissioners concerning the Propositions of Peace. and so not as a remedy against present danger, but as a foundation of another Government: Under the pretence of providing for the public safety, endeavouring to overthrow Monarchy, and to set up and establish Aristocracy and Democracy. And as by the Act of continuation they may sit for ever, so they intent doubtless by their Propositions to Govern for ever. And the upshot of all is, Who shall Govern? whether the King, or the Lords and Commons assembled in Parliament. (9) Lastly, before they took up Arms, they claimed an absolute power over our persons and estates, in Order to their Cause, Their absolute power over the people in order to the present war. and to the present war: and to this day they exercise it accordingly, disposing our persons, and imposing on our Estates at pleasure. And this their arbitrary and boundless power, our boundless and unsufferable slavery is like to last for ever, as their Cause and the War are like to be everlasting; It is like to be everlasting. See Mr. Martin's speech of the Royal branches. not only against King Charles, but also against prince Charles, and against his Heirs and Successors likewise, and against the whole succession from time to time, as long as any of the Royal seed shall remain; and so in maintenance of their Design against Monarchy, the people will be engaged in Rebellion, and embroiled in War, from succession to succession, and from Generation to Generation, unless some speedy course be taken for composing the differences, Our Rebellion war & misery endless. and ending the war amongst us; which seeing his Majesty cannot effect, by the justness of his Propositions, nor by the reasonableness of his Messages, nor by the graciousness of his Condiscentions, neglected and rejected from time to time, An Apostraphe to the people, I think it may be, not improperly undertaken by the people themselves, who are also concerned in the differences, and in the war, not only in point of duty and conscience in respect of the King; but also in point of Liberty and civil Interest, in regard of themselves. And I would have them in the first place to petition his Majesty for a General Act of Oblivion to be kept inviolably by himself and his posterity. To petition the King for an act of Oblivion. Then I would have them, now they understand the falseness of their pretended dangers, and their falseness touching our Religion, Laws and Liberties, A Sum of the whole business offered to the people the nature of their Propositions, and the ground and end of the war (under the pretence of defending our Religion, Laws and Liberties, against Popery and Tyranny, endeavouring themselves and engaging us, with our lives and fortunes, Jerem. 17.3. to make good their Propositions against Regality and Monarchy) I say, I would have the people of the kingdom Generally, both in the City, and in the several Counties, before they part with any more moneys, either by way of Tax or Loane (out of just indignation for the many frauds and fallacies obtruded on them, To petition the Parliament. and out of a piercing sense of their bypast sufferings, and out of a pious sense of their Allegiance to the King and Crown, Isai 32.17. and out of providence to their own good and quiet, and for the good and quiet of posterity) unanimously and vigorously to Petition the two houses of Parliament for the disbanding their Armies, Pax, quo aequi or, co●firmior. and dimantling their Garrisons, and for inviting his Majesty to his Parliament, and for a sudden Accommodation between them, with due and equal regard to the King's legal Rights the just privileges of Parliament, The Kings right taken from him without hearing his Council. and the legal Liberty of the Subject, to be determined and settled in Parliament, and to be so stated that hereafter they do not enterfeire one against another, and to be bounded so, that they do not encroach one upon another. Of Magna Charta, and of the Petition of Right. In particular, Let the people take care, That (if it be possible) those Muniments of our Liberties Magna Charta, and the Petition of Right, be not at any time hereafter subjected either to the King, or to the two Houses of Parliament, and that we be Governed, not by Ordnances and Votes, and Committees; but by the known Laws of the Land only, and by the Ordinary Ministers of justice, as well in the time of Parliament as out of it. When and how Religion to be settled. And when all the differences between the King and the Parliament and the Subject are quietly composed, and his Majesty, and the Parliament, and the people quiet and composed in themselves, than (and not till then) would I have Religion settled, Our Religion abolished without hearing the conformable Clergy. in a full and free convention of Parliament, after a full and free debate by Divines on all sides. And above all, I would have the two Houses of Parliament and the People, to lay aside prejudice & partiality, and incline to Truth and Justice, Stand not in evil things. Eccles. 8 3. and not to look after their own private advantages or Interests, but to intent and endeavour the public Peace and Common happiness of the Kingdom; Also I would have them not carried away with Humour and Faction, The parliament and the people to lay aside prejudice, partiality, self-interest, Humours & Faction, and to be, guided by sound princples but to be regulated and guided by sound Principles of Policy, Religion, Loyalty; of LiLiberty (Parliamentary and Common) of Order and Government, and of Peace and Unity. And I advise them to seek and pursue these things, not severally and apart, but jointly and together; Policy with Religion, Religion with Loyalty, Loyalty with the privilege of Parliament, privilege of Parliament with Liberty, Liberty with Order and Government, See the premises concerning the fundamental constitution of the kingdom. Government with Peace and Unity: For in the due Harmonical conjunction of all these, consists our Civil Happiness. And they all Concentre in the fundamental Constitution and Government of the Kingdom, as before. Also let them remember that they have Covenanted expressly, with their Estates and Lives, to preserve and defend the King's Majesty's Person and Authority in the preservation and defence of the true Protestant Religion and Liberty of the kingdoms; Let the world judge whether these Propositions do not diminish his Majesty's just power and greatness. so that the world may bear witness, with their Consciences, of their Loyalty, and that they have no thoughts or intentions to diminish his Majesty's just power and greatness. And how his Majesty hath endeavoured to preserve and defend the true Protestant Religion, against Popery; and the Liberty of the kingdom, against Tyranny, let all the world judge, and see by his Propositions. Lastly, As their design is against the constitution of the Kingdom, so their proceed are against the constitution of Parliament. whereas the Covenanters have now turned their Propositions into Bills, and seek by violent courses to compel the King to pass them, they must know that hereby they overthrew the constitution of the Parliament, and make their Propositions of none effect also, Liberty of Vote being an esseentiall privilege of Parliament, and no act being valid and obligatory which is not free and voluntary, as is fully declared. 15. E. 3. Thus they conceive Chaff, and bring forth Stubble. Labour in vain Ec. 33.11. And why do we spend our Money for that which is not Bread, and our Labour for that which satisfyeth not. Es. 55.2. Who so is wise will ponder these things Psal. 107.43. Now he in whose hands are the Hearts of Kings, and the Inclinations of Kingdoms, grant that the King and his Parliament, and the People, may have now and ever upright hearts and good affections one to another. And that under his Majesty and his Posterity We, and our children's Children may lead a quiet and peaceable Life, in all Godliness and Honesty: Amen. Amen. Not any among the people is like unto him whom the Lord hath Chosen. And all the people shouted and said God save the KING. 1. Sam. 10.24. Love the Truth and Peace. Zach. 8: 19