known laws. A SHORT EXAMINATION OF THE counsels and Actions of Those that have withdrawn the KING FROM THE government and PROTECTION of His People. LONDON, Printed in the year, 1643. known laws. A short EXAMINATION of the Counsels and Actions, &c. SUch as endeavour to put a faire gloss upon their illegal Actions, and to asperse the lawful proceedings of the Parliament, among other Engines forged in Hell, have invented and used a new name for our laws, calling them known laws, to amuse and abuse the simplo with new Epithets and ambiguous words, whereby they seem to insinuate, either that our laws in every particular in question is known to every one that reads their Pamphlets, or that, what is not known to their Readers, and acknowledged by themselves, is not nor can be Law, or that they and every of their Readers, know the Law better then the Parliament. This I am sure is a known truth, That the principles of Arts and Sciences are known only to those that by great industry and study search after them Nemo nas●●tur artisex. : And then certainly the arts and sciences themselves, and the several conclusions deducible from those principles, by discourse and argumentation( which are but virtually Tota scientia virtute continetur in principijs. contained in the principles) are much more removed from common knowledge and understandings. If our laws be known by the people to whom these deceivers speak of known Laws, or by themselves better then by the Parliament, how comes it to pass that men take such pains, and are at so much cost for advice and information, What is Law in their particular cases and occasions? and when they have procured from learned Lawyers as good advice as they can for their money, and it descends to Arguments upon demurrer or special verdict, the Law falls out to be otherwise then they were before informed, and that when judgement is given one way in one Courton mature deliberation, upon a Writ of error brought, it is adjudged another way upon further debate and consideration in another Court, and when it hath passed through the disquisition and sifting of all, and obtained the judgement of most of the Judges of his Majesties ordinary Courts of justice at Westminster, the contrary is finally settled, declared and determined to be Law by the most high Court So called Doc.& Stud 44. a. 36. H. 8. dier. 59. p. 21. 19. H. 6.63. a. 33. H. 6.18. a and 31 H. 8 cap. 10. The House of Lords is so styled by the judgement of King and Parliament. , the Houses of Parliament, as it happened in the late cases of shipmoney and Impositions. They that pretend they disabuse the people, by telling them of known Lames, do in truth grossly abuse them, and in abominable hypocrisy angle their hearts to no other end, but that having caught them they may tyramnize over them and devour them. It is known and agreed by all the learned in the Lawe of this Land, That the laws are the bounds of the Kings power and command Lex fraenum est regis potentiae. Bracton. l 3. de action. cap 9. Sect. 3. The King cannot govern his people by any other power then the Law. Fortesc. de leg. 32. a. Potest as sua ju ris est non injuriae. Bract ubi supra cock rep 11 74. b ; and of the Subjects allegiance and Obedience in their oaths and Protestation intended. So as if the King command or do any thing which the Law approves not, it is voided and null in Law; and he that executes such command to the prejudice of any Subject, is so far from being obedient or in any respect commendable, as he is an offender and punishable; and his alleging the Kings command in his excuse, is an aggravation of his sin, in that he thereby endeavours to cast dirt in the face of his sovereign to blemish his honour and make him vile in the eyes of his Subjects, yea more vile then himself, as sin and wickedness is more abominable and hateful in the cause, fountain and commander of it Plus peccat author quam actor. . Hence are those common known maxims of the Law, The King cannot do any wrong cock. re. 11.72. b & rep. 1.44. b 1. E 58. p 13. : He cannot do any thing which he may not do by the Law Rex nihil potest, nisi id solum quoa de jure potest. Bracton ubisupra, cock. rep 9.123 a & ●ep. 11.24. b. : The Law binds the King and is his superior▪ Rex habet supertorem Deum scilicet& legem per quam factus est Rex. Bract: l. 2. c 16. Sect. 3. Hoc sāxit lex humana quod leges suum ligent latorem. Bract. l. 3. de actionibus ca● 9 Sect. 3. . Therefore it is called the Law of England, because it extends to bind both King and people of England. cock. 2●. Institutes 51. And the Kings Oath binds him expressly to keep and observe the laws of the kingdom Tenere leges& consuetudines regni. . And the reason of the laws Supremacy, is, because the laws are made by a higher and more supreme power then the King, even by an absolute power vested( not in the King) but in the kingdom, concurring and represented in the three Estates thereof, King, Lords and Commons in Parliament, and the King considered as distinct from the other two Estates is by them created to see the laws to be executed, and justice done to all men, and made and ordained for the defence of the laws, and his Subjects, and their goods, and for this end he hath received power from his people Bracton l. 3. de act. c 9. Sect. 3 Fortescue de legibus 32. a. cock re. 7. Calvins c 5. a. : And therefore all pretences and claim of right by the King, and all offences against him, and all offences done by colour of his command are questioned and determined by Law in Courts of Justice. And in these things our Law is agreeable unto, and grounded upon the Law of God, which sets the King his bounds, and enjoins that the King should have a book of the Law, and should read and meditate on it, and observe to do it, and not turn aside from it, as the onely way to establish him and his Posterity, and make his way prosperous, Deut. 17.18, 19. Josh. 1.8. And if he break his bounds( which he doth always, when he breaks the Law of his government, whether made by God immediately, or by States and kingdoms( where he rules) by divine providence) God will poure out his wrath upon him like water, and if his Subjects willingly yield unto him in such his wicked courses, and obey his illegal commands, God will be unto them as the Moth, and as rottenness, Hos. 5.10, 11, 12. And for enabling the King to his office and trust reposed in him by the kingdom, he is by the Law invested with a judicial power to judge and determine in all things happening in his kingdom, not in person, his person being by the Law presumed ignorant of it cock. re. 153. ; but by his Courts, of which the Parliament is supreme 8 H. 4.13 b. cock. ad. Instit. 103.24. H. 8. cap. 12. , in which are learned Judges, and men educated in the studies, and greatly experienced in the practise of the Laws and government of the Kingdom. And as to ministerial offices and acts of ministry in the Law they are so below the Majesty with which the royal Person of the King is by Law clothed and adorned, as the Law, will not admit such an indecorum, as to allow of any such thing done by him, specially if any Subject receive prejudice by it; and therfore he cannot turn informer or accuser of Treason or other crime, he cannot arrest or command in person any arrest, but all such things done by him are judged voided and of no effect in Law 16. H. 6. Monstrans deal faits. Fitz. 182. 1 H. 7. 4. p. 5. ; and the reason is very evident, for the Subject upon such accusation, arrest, &c. if unjust, can have no remedy against the Kings Person: and so there should be a wrong done, and no Law to right the oppressed, and punish the wrong-doer. This being the true state of the Laws of God and of the kingdom, concerning the King in these things, How greatly do they wrong the King, and abuse the Subjects, that talk of a Prerogative or power in the King, either above the Law, or not declared and allowed by the Law, that call for conscience to obey the Kings commands, not warranted by Law, when conscience( which is the knowledge of things, as God knows and acknowledges them Conscientia est scientia cum Deo. ) binds us to reject and abhor them, and not to obey them, least the curse of the Moth and rottenness seize upon us. How will they answer before God or man, that counsel, advice and put the King to take up arms against his highest Court of Justice, and to protect Delinquents from Justice, which is to set the Kings Person by an unlawful force to endeavour to suppress and over-throw his kingly lawful power and authority, not any where so illustrious and eminent as in his Parliament. And to make the King a terror to the good, and a shelter to the wicked, who by Gods ordinance is A minister for good to give praise to them that do well, and protect them, and to execute wrath upon them that do evil, Rom. 13.3, 4. Rex vicarius Dei est dum facit justitiam, minister autem Diaboli dum declinet ad injuriam Bract. l 3. de act. c. 9. Sect. 3. . Is it not a maxim of the Common-law, That it is not lawful for any, King or Subject, to disturb or hinder the execution of the process of the Law and Courts of Iustice 8 E. 2. Fitz. Execution 252 cock. rep 5 Semaynes case 92. b. cock. 2d. Instit. 194. : And is not the Kings command, though under the great seal, and his endeavour to deny or delay justice against the Law and his Oath Mag. Chart. c. 29. 1 E 3 c. 8.14. E. 3 c. 14. ? And if any resist the executing of the process of any of the Courts of justice upon Delinquents, or otherwise, may not the minister of justice command and gather force of men and arms, and take, yea kill and destroy the resisters, if otherwise he cannot execute the same? And is not every man bound to assist the ministers of the Courts of justice herein 8 H. 4.10 p 4 19. E. 2 Fitz Execution 247 Bract. 442. Sec. 7. 3 H. 7.10. p. 4. cock. 2d. Institutes 193. & rep 5.93. b. Semayns case. 3. H 7.1 p. 1.5. H. 7.4. p. 10. ? And is not the reason hereof obvious to every man, namely, because Execution is the life of the Law, which without it becomes vain and useless? Are not these known to the meanest Student of the Law? And is not this the case between the King and the Parliament? Surely, if the forces of the Parliament be Traitors, the known laws of this Land are the Patrons and Commanders of Treason, which no sensible brain, if not full and running over with malice, could ever have dreamed of or imagined. How can we expect that justice shall ever be done in this realm, if wicked Counsellors shall prevail by force and violence in the Kings name to hinder and resist the Execution and life therof when they please? If they shall by such unlawful wicked courses over-powre the supreme Court, how easily will they enervate and cut the sinews of inferior Courts, and govern by unlawful force, not by Law; and what security can protestations give of governing by Law, when practise and actions have ordinarily before the Parliament, and now in the face of the Parliament, and in despite of it, do run clean contrary thereunto, even in the very instant of making those protestations. What colour of Law is there for the King to 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 protect? Are those that have seduced the King from his Parliament and people careful, according to their Protestation, to maintain the Kings honour, When they put him upon such base, illegal, uncomely employments, to become an Informer, an Accuser of Treason, &c. and upon such a multitude of unlawful commands and actions, destructive to his Kingdom and people, and take all the possible courses that hell can invent to render him vile in the eyes of men? Do these men take the way to establish the King and his Posterity, or to provoke God to poure out his wrath upon them, and make their ways unprosperous? How irrational is it that the King should declare Law, when assuming it in his Grants 18. H. 8. Br. pat. 104. cock. rep. 14● b , Commissions 42. ass. 5.& 12.24 E 3 Br. Commissions 3 Commission to take any Subject or his goods without due process of Law judged voided. and Proclamations under the great Seal, he is commonly judged, even in his ordinary Courts of justice to be deceived, abused and misinformed, and his Grants, &c. thereupon judged voided and damned? What credit can be given to protestations of maintaining Religion and the Subjects liberty, when before, at and since the making of them, the Subjects that have executed only legal commands, or refused illegal, are used more barbarously then the Turkes do their slaves, without any spark of common humanity, and while they be the principal objects and subjects of the malice and cruelty of the Kings Army and their counsellors and abettors, that have any more then common care of a conscientious practise of Religion, and of walking by the rules of it. Consider what I say, and the Lord give us understanding. FINIS.