The history of independency the fourth and last part : continued from the death of His late Majesty, King Charls the First of happy memory, till the deaths of the chief of that juncto
T. M., Esquire, lover of his king and country., Walker, Clement, 1595-1651.
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An Appendix.

HOw far the Treasons of faction have reached, and how high they durst soare is to be seen before, I shall onely now in short give a hint how highly the Law of England resents such impious acts: I say then, the wisdome and foresight of the Laws of this Land in all cases of Treason maketh this judgement: that the Subject that riseth or rebelleth in forcible, to over∣rule the royal will and power of the King, intendeth to deprive the King both of Crown and Life, and this is no mystery or quidity of the Common Law, but an infallible conclusion drawn out of reason and experience; for the Crown is not a ceremony or Gar∣land, but as Imperial consisteth of preheminence and power. This made former Traytors in all their quar∣rels against their Princes, not to strike down-right, be∣cause God unto Lawful Kings did ever impart such beams of his own glory, as Rebels never durst look straight upon them, but ever turned their pretences against some about them; this caused the Judges some∣time to deliver their opinions for matter in Law upon two points.

The first, that in case where a subject attempteth [ 1] to put himself into such strength as the King shall not be able to resist him, and to force and compel the King to govern otherwise then according to his own royal authority and direction, it is manifest rebellion.

The second, that in every Rebellion, the Law in∣tendeth [ 2] as a consequent, the compassing the death and deprivation of the King, as foregoing, that the rebel will never suffer that King to live or raign, which might punish or take revenge of his treason; And Page  122this is not onely the wisdome of the Laws of our own Kingdome, but it is also the censure of forraign Laws, the conclusion of common reason, (which is the ground of Law) and the demonstrative assertion of experience, which is the warranty of all reason.

[ 1] For the first the Civil Law, that saith, Treason is nothing else, but Crimen Laesae vel dimminutae Majestatis, making every offence which abridgeth or hurteth the power and authority of the Prince, as an insult or in∣vading of the Crown, and extorting the imperial Scepter.

And for common reason and experience, they cry, it is not possible that a Subject should once come to that height, as to give law to his Soveraign, but what with terror of his own guilt, and what with the inso∣lency of the change he will never permit the King if he can chuse to recover his authority, nay or to live Experence further tells us, and 'tis confirmed by all stories and examples; two notable ones we had for∣merly in our own Chronicles, the first of Edw. the 2d. who when he kept himself close for danger, was sum∣moned by proclamation to come and take upon him the Government, but as soon as he presented himself, was made prisoner, next forced to resign, and shortly after; was tragically murthered in Berkly-Castle. The other is of K. Rich. the second, before whom the Duke of Hereford (afterwards K. Hen. the 4th) presented him∣self with three seemingly humble, but indeed flattering reverences, yet in the end both deposed him and put him to death: but our own experience outvies all else, in the Horrid murther of our late dread Soveraign, which is related in the former parts, the punishment whereof is fully related in this last part, and therefore I shall no more thereof in this place.

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You may have observed that the practice of our Re∣gicides was after they had ruined the Gentry, to advance their own kindred and allyes, though never so insuffici∣ently unworthy, to the most profitable places of the Common wealth; by which means all kind of exorbi∣tances were committed without controul, the Death of the King being attended with infinite oppressions, as in such changes is usual; which made Writers say, that the Death of Caesar was no benefit to the Romans, but ra∣ther brought greater Calamities on them they under∣went befere, as may qe found in Aspian. The success was the like when Nero fell, for the next year that fol∣lowed after his Death, felt more oppression, and spilt more blood then was shed in all those nine years where∣in he had so tyrannically reigned. So when the Atheni∣ans had expelled one Tyrant, they brought in thirty; and when the Romans expelled their King, they did not put away the Tyranny but only change the Tyrants.

But such and so tender is the hand of heaven over us, that he hath not only restored our Kings as at the first, and all our Counsellors as at the beginning; but brought us home our King so accomplished and pious, that we must needs confesse with the Children of Israel, because the Lord hath a delight in us, therefore hath he made him King over us.

Oh then let us render without grudging unto Caesar the things that are Caesars, acknowledge him as Gods imme∣diate Vicegerent, not prescribing him in what manner we will be ruled, nor by what means: But in all things with obedience and humility to submit to his command, like Julian the Apostata's Soldiers who would not sacrifice at his words, sed timendo potestatem, contemnebant potesta∣tem, in fearing the power of God, they regarded not the power of man; yet when he led them against his Page  124enemies, Subditi errant propter Dominum eternum, etiam Domino Temporali.

I will conclude all with one word of Advice: Since God hath so bettered our condition, that our words are hardly able to express our happinesse, to avoyd the danger of a relapse through a too carelesse security, let circumspection & moderation take away all bitternesse, rather reflecting on the offences then the persons of any offenders, so it may be those concerned will not be so desperate to proceed on further in their wicked courses, but with speed retire, and make some recompence to injured parties, by their future provident endevours for the Common good. And for these Loyal hearts who have borne the brunt of the storm both at home and abroad; since God hath rescued them as brands out of the fire; 'tis hoped they will be nothing the more secure in their vigilant care of future occurrences, having alwayes a provident eye for the timely prevention of such inconveniencies, as might steal on them in their own, or be intended against them from forrain parts. That so the Throne of our Solomon may continue for ever, and peace be upon our Israel.

〈 in non-Latin alphabet 〉.

Sed & bene velle meretur veniam.
Cicero.
THE END.