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A38477 The English Presbyterian and Independent reconciled Setting forth the small ground of difference between them both. An English gentleman, a well-willer to the peace of his country. 1656 (1656) Wing E3113A; ESTC R220208 74,553 124

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either side then these foure above-mentioned The Convocation house at Oxford urging a violation of that Statute 11 Hen. 7 before recited and in page 31 of their Book viz. that None that shall attend upon the King and do him true Service shall be attainted c. therefore requiring the people by vertue of that Statute to assist the King contrary to the Negative Oath imposed by the Parliament in these words That I will no● directly nor indirectly adhere unto or willingly assist the King in this Cause or Warre against the Parliament nor any Forces raised without the consent of the two Houses of Parliament The words assisting him are made use of only without the termination or qualification how or on what termes neither the People nor the Parliament the Representative of the People in Henry the seventh his time would have made or consented to a Law made noxious to themselves If Henry the seventh had severall wayes oppressed his people and afterwards taken up arms to maintaine his oppression the Parliament would questionles have forborn the enacting such a Law the Title whereof especially relating to the doing the King true service wherefore unlesse true and lawfull be contradictory terms which no man will suppose that Statute was not so fitly applyed in opposition to the Negative Oath Neither doth the Objectour takeing out only the word assisting and confining it to such a contracted sense as may serve his turne satisfie the impartiall Reader weighing and examining the tenour of the Statute and wherefore it was enjoyned But to the Reasons of the Presbyterians and their parties deserting their first judgment if so they have it may be rather judged to be a fencing and tryall of wits in an argumentative way of discoursing only then any setled revolting from their first opinion They are well read in the good mans Character who will not be afraid for any evill tydings his heart standeth fast and will not shrink untill c. which suiteth well with the beginning of their Covenant That they will sincerely really and constantly in their severall places c. Sincerely and Really that is with all truth and faithfulnesse Constantly which is without defection or falling off on triviall dissentings in judgment and opinion The Arguments they have lately taken up against the residing part of the Parliament and the Army the maintainer of their power and next under God the preserver of our Peace are none of the more eminent sort of the Presbyterian Parties nor like to theirs rather from a more willfull and weaker sort The House of Parliament being grown thin by their first dividing is by the Presbyterians deserting it become more thinne the more weake it is through their defections the more need it hath of being supported by their returne As for the Force which they and their sub-divided Party urge to be offered to them by the Army their Servants an high affront and breach of Parliament Privileges both parties Presbyterian and Independent seeme to be forced alike though not in an equall degree of strength and number yet in a strict and closer tye of Policy and Prudence by and through an extream and inevitable necessity for the preservation of themselves and their fellow Subjects neither they nor any of their party can devise or act a means how to s●ttle such a course as may prevent a totall confusion or the overthrow of those who have already prevailed by the Sword Nor to Still the common Enemy and Avenger but if he being hard driven should by Treaty or other unsafe way of setling a peace have prevailed he had been left at liberty to do his pleasure in Treaties or like wayes of Parleance what security could he have given or would he have kept commensurate to the safety and welfare of many thousands engaged in this quarrell to the avoidance of those dangers and jealousies administred by him The example of Henry the third of England is memorable for his complyance and giving way unto a Treaty his signing Articles to perform the Treaty but when he had by that recovered his power againe kept none of them But to the Presbyterians Arguments and their paralleling the Kings offering a force to six members of the Houses of Parliament to the force offered unto the e●ected and repulsed Members by the Army the King might by an usurped authority break in and do whatsoever he pleased to grieve and vex whosoever should not submit to his will to exercise a regall power above the Lawes from assuming unto himselfe by a strong selfe conceipt an unlimited Soveraignty transcendency of Might in nothing to be resisted to awe and force this present Parliament and all future Parliaments in case he had any purpose to summon any more to his beck as t is probable Not long after by the like menacing and imperious Act of Proclaming those Gentlemen i Traytors who either obeyed not or refused to conforme to his present will There was no necessity but his sole will to force all those who complyed not with him to save and rescue his creatures from the hand of justice and whether there be not now a stronger necessity then before the great and universall engagement of many good and deserving men let all men judge In that the Presbyterians take it ill that their servants so the Army stile themselves should force their Masters they are not simply and precisely servants immediate many of them their equals as being Members of the same Parliament and Commanders and Officers in the Army the private Souldiers commanded and led by them or the Army relatively unto Them as Iurors in a tryall of Right at Westminster before a number of Iudges for so the Parliament are although the resemblance holds not adequately as to an Army and to a Iury Let a Mayor part of the Iudges incline or direct which way they please yet an upright Iury will find according to the evidence in being The evidence in this case is the certainty of knowing and recollecting things past the foresight of things to come which induceth them to bring in such verdict as may render all things iust and safe for when it shall happen to be debated which ought to be prefered The Privilege of Parliament or the safety of a Kingdom every one can judg which ought to sway the Ballance Againe admit 〈◊〉 Army to be their Servants yet properly they are servants unto those from whom they receive their pay that is from the Kingdom and the Representative thereof neither from the Presbyterian nor Independent party In a mixt and joynt Government where more then one commandeth and a mutuall consent had betwixt the Governours that the People to be commanded shall obey the discreeter party they mutually consent that the people shall be directed by the wiser of the two there it is left to the Election and discretion of the people which of them to pay obedience unto It skills not in a governing and politick
body consisting of many Ruling and all consenting in the maine which is the Major part or which is to be obeyed unlesse that Major part will do the work themselves without the help of those whom they do employ that part rather it should seem most fit to be obeyed which acts and endeavours without respect had to the Majority in the more prudent watchfull and safe way so t is no disobedience or affront offered by their Army where obedience may be dangerous to the obeyers to the Parliament Party of what kind soever and Their adherents The Quarrell is not between a power of a momentary and slight concernment on the one side and a vanishing and light obedience on the other but a long and throughly controverted contention between two Powers upon the issue whereof the safety and welfare of the two Kingdoms doth rest and besides that on which the Correspondencies Observations and Commerce between Them and most Forreigners throughout the Christian World looking on the passages of our Affairs and giving Judgment thereupon depends It may seem as the design is driven on a Contention tripartite handsomely devised and with a great dexterity of wit carried on by the common Enemy in that some of the Kings Party prefer the Presbyterian before the Independent some the Independent before the Presbyterian k ha●ing both yet they give good words unto and comply with the more discontented and weaker party untill by their cunning Artifice they overcome them also so in this Leger de main and sleight of wit blow the coals of Dissention betwixt them both those of the Presbyterian can look for no other then Polyphemus his courtesie to be of those last to be devoured The Presbyterian out of zeal for the maintenance of his Cause not foreseeing what danger might befall by his Dividing fondly conceives that either the War is ended therefore he may now safely Divide from those with whom he heretofore hath joyned or that his Cause for the Covenant sake is so good that to maintaine his Tenent he sticks not at the endangering himself and his Friends nor that the Enemy having his Friends and instruments up and down in all Corners of the Realm will and can keep those two partyes now in difference at that distance that they shall not be able to joyn their Forces again to conquer him where it is not meant to involve all Presbyterians in the same Tenents or Intents Counsells and Affections for 't is to be believed there are a considerable party amongst them who rightly apprehend the true state of the Controversie between Us and the Scots and cannot but foresee that a compliance with the Scots as matters now stand would prove pernicious to the English Nation as well to themselves as to the Independents so termed for notwithstanding any pretended difference betweene them they cannot well avoid the danger of joyntly suffering if by their Dividing the publique and common safety be deserted Besides as to the major and minor part of Members sitting in the House or secluded or voluntarily absenting themselves from the House so that the greater number are absent as the Presbyterian reckoneth he must take heed of that Objection least he open an old wound long since salved up through Gods blessing on their successe and that Objection be made use of against them all of both Houses and against that Authority whereby they have at any time acted since the Contention first began betwixt the Kings Party's claim to their Parliament at Oxford and the Parliament Party's claim to theirs at Westminster For if the Kings Party did rightly calculate their Numbers which were in both Houses of Lords and Commons l 258. either personally sitting or absent upon imployment for the King that number exceeded that of those sitting at Westminster so that the Argument for the maior part of the number of Members Presbyterially affected and that way Covenanted against which viz. the Covenant the King friends have learnedly as yet unansweredly m argued is no safe or prudent Argument at this time to be used however the Covenant and the Reasons for keeping it are abetted and seconded in an elaborately written Letter by the London Ministers least they helpe their first and common Enemy to rowse an Objection which hath a long time slept for the maintaining their Parliament at Oxford For by the way had those Ministers employed their pains in answering that Book first which indeed was worthy of and required an Answer to have cleared the Question their Letter might have been better credited and more universally received which Book had it come sooner to the publique view and before the universall entring into the Covenant many had been drawn for the reasons therein expressed from taking the Covenant The Ministers in that their Letter much insist on the Protestation taken May 1641. wherein the Protesting is for the maintenance of the Kings Honour Person and Estate yet the End at which all matters of weight doe aime is the Preservation of Religion Lawes and Liberties The maintenance of the Kings Honour c. is but a piece of the Protestation the sum full sense and scope thereof the Preservation of Religion and Lawes The Principles which were first engaged upon and protested for if rightly cast up but two in Chief the securing the Protestant Religion the Primum quaerite the preservation of the Laws and Peace the * chiefest Law the Peoples safety the other Principles are subservient onely and fall in by way of complication and dependency upon those two as the Means unto the End The well weighing the Protestation might have confined and setled the unresolved and doubtfull thoughts of man in what the End and Aime of the Protestation was a Promise to fullfill as much as in us lies the Commandements of the first and second Table of the Law directing our duty towards God and Man the severall parts in the Protestation tending in the sum to the maintenance of Gods Honour the Kings the Subiects Right and Liberty no one part thereof if rightly applyed and understood crossing another and therefore how comes it to passe that the Protestation being one and the same the course of mens affections should be thus divided into Factions and Part-takings or that some should be of opinion That To maintaine the Kings Honour Person and Estate is to adhere unto him in this present Warre in what he shall command even because they doe not equally weigh each part of the Protestation viz. The defence of the Protestant Religion the Power and Privileges of Parliament the Subiects Right and Liberty for by the Protester's observing all the King is best observed and truliest his Honour and Promises being engaged to maintaine the latter three when as every one who took the Protestation did in his thoughts endeavour and intend according to his power to make him a Soveraign Lord of a free and flourishing People the Kings Protestations concurring with and tending to
then what the Apostle enjoyns Let every Soule be subject to the higher powers for there is no power but of God the Powers that be are ordained of him and whereas they have enacted and declared that all men in Offices of trust and qualified shall promise to be true and faithfull to this Commonwealth wherein they live and from whence they hold and enjoy their welfare requiring afterwards a Subscription and Engagement of Fealty unto the Commonwealth as it is now established without a King or House of Lords the peoples subscription thereunto is no more if small matters may hold resemblance with greater then Tenants of a Mannour unto a Lord thereof unto whom without disputing the Right and Title they promise their present Fealty If the Lord unto whom they have heretofore done Homage be disse●sed by a stronger then himself take it either of Right or Power the Tenants are to pay their Homage to the Lord that is It is not to the Power already past or that which is to come but to the powers that be unto which Subjection is to be rendred The name as the Office of a King hath been an ancient continued and supreme Title before and since the Conquest his single person subject yet to Passion Error Faylings through which he may more expose his Kingdoms unto dangers then a Councell of Parliament can well be thought to do A Parliament hath been a discontinued and intermitted Court howbeit of l Supreme Authority and Honour within the power of any wicked or impious King if any should happen to reigne to be held on or dissolved at pleasure untill by a Law Enacted by the late King's consent This was not to be dissolved unlesse they pleased Wherefore the People leaning rather on the one the King being of a setled Being and who could Reward or Punish at his Will then on the other the Parliament of a more unstable Being and heretofore Dissoluble at the pleasure of a Prince the Parliament judged it fittest to take away his Power and Office lest by vertue of such Power he might Dissolve Convene at pleasure and so Awe their next Convention as to Repeale and make Null the Laws and Acts of this The Inconveniences may be many discovered by their prudence which the state of Common-wealths in a Monarchy may be subject unto when Princes in their Usurpingly Absolute and Monarchicall estate abusing their Power Trust and Liberty have become Tyrants over the Lives and Liberties of the People ass●ming moreover so much unto themseves or having been flattered by their Creatures to believe That they are Gods on Earth as some of the Roman Emperours did arrogate unto themselves That their Power is so vast so Soveraign that the People were ordained for their behoof to doe and pay Obedience in whatsoever they shall Command not the King for the m Peoples good That Kings were accountable to none but God for whatsoever they doe as of late 't was threatned That the Kingdome hath its Power and Being from the King when as a grave n Divine by his Reading proves That the King hath his Power from his Kingdome therefore his Authority further illustrating upon the point That howbeit Power and Authority be tearmes sometimes confounded if distinguished makes clear the matter for Authority is a Right and Lawfulnesse to command Obedience such as all Governours and Magistrates have more or lesse But Power is a lawfull ability to force Obedience where upon command it is denyed One may have a just and lawfull right to command that wants a compulsive power to restrain from committing sinnes as to enforce mens duties Others may have strength to force commonly called Power that wants Authority to command and Power is that which in all Government bears the sway Wherefore in the Scripture Rom. 13. it is taken concretively for the Governours and Magistrates themselves which have Powerat Command to force Obedience to their Commands Now there is no doubt but the King hath full power to command according unto Law all such as are subject to him by Law But if upon command obedience be denyed whence hath he lawfull power to enforce obedience whence hath he power to make good his Authority but from the people he cannot have it from himsele being but one man To keep a strong guard of some of his people to impugne and force the rest must needs produce Commotions Insurrections and a civill War the * Philosopher and others who write of Policy will tell you it is Tyranny nor is such ability Potestas but Vis Violence not Power because unlawfull when Vis and Potestas or Vis and Jus doe clash and skirmish the consequence is dangerous To keep an Army on foot continually under other pretences thereby to affright and force the Subjects is little better therefore the Kings Power must needs come from his own Peoples hands and strength and from the same People must come his Authority If any other should give him Authority which were not able to make it good by Power it were given him in vain nor were the People bound to make that good which themselves gave not whence he hath his power then from thence he must needs receive his Authority even from the Kingdom Notwithstanding which admit what the Kings party would have That the Kingdome hath its Power or Being from the King that Kings as Nursing-Fathers are worthy of much honour yet where they lay waste their Soveraignty by oppressing their People by exercising a Tyrannicall Power over their Estates Lives where they embroyle their Kingdomes in such a War as the doubtfulnesse of the successe hath protracted it for many years the continuing it hath consumed the Estates and appall'd the hearts of most of his people no man knowing yet the worst and end thereof they cannot expect Power Being and Welfare from such a King The danger of the continuing therof consists in this That howbeit there have been heretofore Civill Wars betwixt the King and Subjects of this Nation none like to this consider it either in the manner for the beginning and continuance of it for the opposite and crosse Engagements even beween the nearest Friends between Brethren of the same Bloud betweene the Father and the Sonne between Equalls in all Degrees and Faculties Amongst some really and with vehemence pursued amongst others though opposite in judgement and opinion yet so linckt in relative affection each to other that their Actings and Contendings seem rather a mutuall agreement with their Friends of the opposite part to serve each others turne then a true and reall Discord to the end that which of the parties shall prevaile the Prevailer by such mutuall contract shall be able to helpe the Conquered And that which seems strange in the Quarrell the most unhappy to the protracting it is the Violence and Heat in many of the Opposites shewne in their contrary arguings and assertions one to the other as that the taking up
hands and hearts of all men against them but that the Persons and Estates of such of the Lords as have assisted the Court of Parliament in the time of their extremities may hence be preserved from ruine which in case the Enemy should get the upper hand they must be subject to and cannot therefore in their serious and prudent thoughts but confesse that Safety and Preservation are as valuable as Order or Honour is Did the Engagement crosse the above-named Oaths the Refuser might plead the tendernes of his Conscience that having taken those Oaths which to his present judgement doth deter him from subscribing to the Engagement he cannot without dispencing with his Conscience so subscribe The Subscriber from the tendernesse of his observes and builds on the Apostles precepts Let every Soule be subject to the higher Powers againe submit unto every Ordinance of Man for the Lords sake he holds withall Gratitude to be a morall act of Conscience and therefore thinks he may nay that he is bound to promise fidelity to the Power from whence be receives protection and enjoyes his safety so it seems strange that amongst men of the same uprightnes and integrity many of either party being conscientious and honest men one Party should Take another should Refuse and that the same guide of Conscience conversing about the selfe same object should tend and lead to contrary Ends and Actions Conscience is a certain and uniform habit of the mind of man and therefore cannot erre in a contrary Diameter as at the first entrance into this Warre the Kings Party did pursue their Cause as the Parliament did theirs each of them imploring Gods blessing according to the Iustnesse and Righteousnesse thereof which could not be Iust on ether part when their undertakings were contrary and crosse each to other It seems as strange that divers of either party acknowledging Gods Goodnesse trusting on his help should from contrariety of judgments and Courses each to other hope to succeed in that they expect from him a blessing upon their endeavourings he is the same knowes no change nor faileth them who trust in him none so wicked but will confesse that he is good and gracious but for any to expect that through his blessing through his goodnesse which they take not the proper course for in Prudence Sobriety and obedience or faile in that which he hath ordeyned for conveying unto us what we look for at his hands it is rather a tempting then a trusting on him Conscience else may be defined a perswasion of the mind that such or such a thing is sinne that therefore we are unwilling and afraid to commit the same for feare of displeasing a great and all-seeing Majesty sinne is a transgression of the morall Law subscribing is no breach of it the act of Subscribing or not subscribing may proceed from a disposition or indisposition to do or refuse what our will doth prompt us unto Neither is it so much Conscience in the Taker and Refuser both in respect of some t is to be feared a Passion or selfe wilfull humour governed and directed by a carnall and selfeseeking policy neither is it a matter of small difficulty to distinguish betweene the Naturall and Spirituall inclinations of a man It is not betweene Taking and not Taking the Engagement amongst us as betweene Eating and not Eating meats amongst the Christian Romans where as to the Eating and not Eating the Aposte judgeth it a matter of indifferency as to them that were so divided concerning meates and thereupon ordereth Let not him that eateth despise him that eateth not which he doth to take away the occasion of secondary differences which might grow betwixt them to preserve the common Peace to take away all scandall and division there was nothing there enjoyned as to the Eating or Abstaining from Eating It is not so between Submitting and not Submitting unto Authority as to the Lawes and Policies of a Commonwealth for whereas submission to every Ordinance of man for the Lords sake is required and here the Powers that be enjoyne the same Obedience being a conscientious Duty better then Sacrifice the indifferency seems to cease and is become a duty and there the Conscience swayes the ballance rather unto that side which obeyes then unto that which resists Authority so the continuation of the quarrell rests in subjection on the one hand to in resisting on the other hand the higher Powers the process of this War lies on their score and theirs alone who when they have erred and are convinced shall not acknowledge and retract their errour which can be no injury or disrepute to the sober and lowly minded The wisest of * Philosophers maintaines that no injury can befall a wise man his stout and resolved heart keeps off the sto●ms of Calumny when weaker ones do feare and shrinke under every gust of reproach and censure so that if the convicted Party shall redeem their errour by confessing it the vanquishing forbeare to glory as some have over-hastily boasted in their extraordinary successe of a finite uncertaine and vanishing condition ſ rather then in the Equity and Iustice of their Cause of a more durable and lasting station t Or in the flattering and pleasing our selves with the divisions falling out amidst our enemies abroad concerning their Counsells and Commands rather in studying to compose and reconcile our own at home the Warre might soon be ended and the God of Peace own us as of the Number of those unto whom he hath promised * the Blessing of Peace FINIS a In the Meditation upon the second Treatise in the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} b Proverb c See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} ☞ * Edw. 3. cap. 25. d With swords girt on their sides c. See the form of the Writ in the Crown Office e Mr. Lambard in his Eirenarch lib. 1. cap. 6. f See his Answ to a Declaration sent from both Houses May 1642 g See the two Declarations entituled The Declarations of the Lords and Commons of Parliament assembled at O●ford with the specious Frontispices of The One Touching a Treaty Other Concerning their endeavors for Peace Print March 1643. h In his Declaration concerning his proceedings with his Subjects of Scotland since the Pacification in the Camp near Berwick Printed 1640 pag. 38. i Namely in that Recorded in the Chronicle of Richard Earle of Warwick his Answer unto King Henry the 6th who directing His Privy-Seal to discharge him of his Governourship of Callis the Earle refused alleging That it was granted him by Parliament Whereunto if it be answered That that might be a personall Contumacy in the Earl nothing proving the validity of that Court the reply may be That the Authority of Parliament hath been of so large an extent That some Kings of this Realm have been by Act of Parliament confirmed as Edw. the 4th Some with their Wife and Issue dis-inherited
of their Right to the Crown as Hen. 6. the lawfulness whereof not at any time questioned and when the Tytle to the Crown hath been disputed it was by Authority of that Court setled and the Crown entailed as they in Poll●y and prudence thought sit Speeds Chronic. in the life of Hen. 6. Edward 4 5. k See the Scots Remonstrance Printed 1640 cited by Master Thomas May in his History of the Parliament of England written 1647. l Cited and complained of by the King in the same D●clararation against His Scotish Subjects for inviting forrein forces into this Kingdome page 55 56. See the Letter it self in the same Declaration signed by seven of the principall of the Nobility of Scotland m The Lord London See his Answer n See in the Kings name the Authors accompt of them how in the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} he keeps in memory That the Scots we●e the first that began the Kings troubles in the Treatise of his leaving Oxford and going to the Scots and elsewhere in severall places of that Book Also in the Declaration printed on the Kings behalfe at Oxford 1643. pag. 23. suggesting an intent in them to confound the Government and alter the Laws of England The Marquesse of Montrosse declareth how they began His Troubles viz. by dispersing their Apologeticall Pamphlets as he termes them through Great Britaine before the Troubles began and before their comming with an Army into England See a Book entituled The History of His Majesties affairs under the Conduct of the Marquesse in the years 1644 1645 1646. page 3. o Amongst other Motives to his a●g●r about the Earl of Strafford's death which whether he would have avenged on the Party who condemned him may be guessed at in that an unknown Author in his name severall times repents the injustice of that Act to which he was forced to yeeld complyance for which sin as the Author mentions it the King and his Kingdomes have felt long great and heavy Troubles See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} in the Treatise concerning the Earl of Strafford and the Marquesse of Mo●trosse his Declaration set forth 1649 aggravating the same to incense the King and his party against the Scots expressing in it their disloyall Practices Breach of Duty Covenants calling them Traytors c. p See the Kings gratefull acknowledgement of the Affection and Loyalty of his Irish Subjects in offering to supply him with Preparations c. together with their Persons and Estates even to the uttermost of their ability to reduce his dis-affected Subjects of Scotland to their obedience desiring withal it may be Recorded as an Ordinance of Parliament and to be Printed as a Testimony of their Loyalty to all the world and succeeding Ages In his Declaration since the Pacification pag. 63. Which could not but stir up the Scots to seeke protection and assistance from their fellow subjects and friends wheresoever whom the King calls his dis-affected subjects and how he doth secern them from the rest is hard to judge when as the whole and most considerable part of that Kingdome did by their Pacts and Counsels at their Assemblies h●ld withstand and resolve to withstand divers of his Messages obtruding on them such matters as made against the Peace of their Church and Kingdome q In the third Treatise r Mr. D●nz Hollis his speech June 1642. ſ See the Message s●nt from both Houses of Parliament to the King his parties receiving it mentioned in this Book t See the Declaration of the Lords Comm●ns assembled at Oxford printed there 1643. u See the Remonst●ance sent out of Scotland 1639. w See the same Declaration ibid. x See it cited in the Declaration Printed at Oxford 1643. pag. 13. y Mr. John Heywood on the life of Hen the 4th z Bracton lib. 4. a France b See the Duke of Rohan in his Treatise of the Interests of the Princes and States of Christendome calling England a little world set apart as having nothing to do with other Princes c. c Mercurius Aulicus d Victoria naturâ insolens superba est Cicero e King James his Speech in Parliament 1609 f In Norththamptonshire g Sir Francis Bacon on the life of Hen. the 7th h Nulla tam sancta Lex est quam non oppo●ceat si salus populi post●let urgeatque necessit●s mu●are Bodin lib. 4. de Repub. i See the Parliaments Remonstrance 1647. k In the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Treatise 28. upon the Vote of Non-Addresses l In the Book stiled the present judgment of the Convocation held at Oxford m Cal●ing J●piter amongst the rest of t●e heathen Gods {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} n {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} quasi {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} o Sir Francis Bacon on the life of Hen. the 7th p In the Remonstrance dated Nov. 1648. pag. 6. q See the Declaration of the Lords and Commons in Answer to the Scots Commissioners dated the fourth of March 1647. r See the Breviary of the History of the Parliament of England pag. 112. ſ See the Objections and Answers at large in the relation of the passages at the meeting at Vxbridge 1644. Printed then at Oxford t Hen. 2. ● Eliz. u The Law book Cas●s give the Reason why the bringing counterfeit money into England out of Ireland is but Misprision of Treason although the bringers know and utter it Quiae Hibernia est membrum Angliae Dal●on Iustice of Peace in cap. de high Treason w The Lord w●a●ton z See these Charges mentioned by the two Houses of Parliament against the King in M● May his History lib. 1. cap. 6. pag. 118. a BERK-SHIRE b Twyford O kingham ●arringdon c See Master May his History of the Parliament of England mentioning the Demand and Answer d In the Book of an unknown Author called The State's Martyr e See the Message and Answer f See the History of the Kings affaires in Scotland c. where the Historian speaking of the Marquesses M●n●●osse and Argyle the Generalls of the two opposite Armies in the Kingdome of Scotland he highly ex●olls M●ntrosse and as much reviles and derogates from Argyle rendring him in many passages of that Booke A 〈◊〉 spirited So●ld●er and a Knave when as in other mens judgements he had when he was so depraved otherwise proved himself g See it cited in the Oxford Declaration pag. 1● h See the Kings Letter March 23. 1644. and the Committees Summons in Aprill following i See the Proclamation in the Kings name set forth 1642 accusing many Gentlemen serving as Knights and Burgesses for their severall and respective Count●es to be Tray●ors and their Persons to be seized on as Rebells k See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} in Treatise 17. on Church-Government l See their Declaration Printed at Oxford March 1643. towards the end of the Book m In a Book styled The
presen● judgment of the Corvocation at Oxford dated June 1647. which if weighed with the Arguments in the Letter written by the London Ministers to the Lord Fairfax and his Councell of War dated January 1648. in behalf of the Covenant and the keeping it the Reader will soone discern the odds * Suprema Lex Salus Populi n See the Exhortation to the taking the Covenant for Reformation and Defence of Religion c. * Livy * Isaiah * Cice●o o See the Exhortation of the Assembly of Divines to the taking the Covenant Printed Feb. 1643. p See the Lords and Commons Instructions for taking the Covenant The unanimous judgment of most part of the Kingdome observed by their severall Peti●ions at that time presented especially that of the Gentry and Trained Bands of the County of Essex presented to their Lord Lieut. the Earl of Warwick Likewise Sir Benjamine Rudyard his speech in the beginning of this Parliament about Popery countenanced See Master May his History Lib. 2. Chapter 6. Page 15. q See the Ordinance of the Lords and Commons assembled in Parliament with Instructions for taking the Covenant r Mr. Alexander Henderson in his reply to the Kings first Paper ſ See the Essex Petition before cited t See their Commissioners judgement and intentions concerning Episcopacy Declaring Prelacy to be the cause of all our broil● In their Papers dated 24 Feb. 1640. u See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} in severall Treatises viz. Upon the Listing Raising Armie● against the King Upon the Covenant and elsewhere w See the 6. Article of the Covenant x See the Articles pag. 16 Demand 4 Granted by the King 1641. viz. That none should be admitted to his Councell or attendance but such as should be approved by both Kingdoms y See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Treatise 4 and elsewhere in that Book his parties constant 〈◊〉 towards the City of London and upon all occasions of his part●s naming it some of them have termed it a Rebellious City a Magazine of Arms and Ammunition raised against their King reproaching it with scornfull Nick-names as they pleased z See their Declaration Printed at Oxford 1643 pag. 14 15. against the suggested irregular and undue proc●edings of the Common-Councell the Represen●ative of the whole City a See in the Letter of the Ministers their notice taking of the Parliament and Armies conceipt had of the Covenant page 8. b See his Parties opinion of the Covenant and the taking of it in the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} pag. 113 114 115. whether and how far it is to be kept how little uniformity in the taking or keeping it and for what purpose in the Authors judgment framed at first how ambiguous and hard to be understood how much mistaking or dissembling in the making it at first or mis-representing by those who like it no● that howbeit one part thereof is That they had then no intention to diminish the King's just Power and Greatnesse the Authour in the King's name conceives that it was made and intended against the King as in many places of the Treatise against the Covenant the Kings Party complaineth See also the Kings Declaration since the Paci●i●a●ion against the Scots and the Covenant pag 8 which opinion of his see confirmed in the Marquesse of Montrosse his Declaration set forth 1649 As in a B●ok called the History of the Kings affairs in Scotland before cited pag. 6. * Pa●au● * St. Ierome c See their Acts and Ordinances for raising Contribution-money towards the Warrs throughout all Counties exempting the Universities and other Colledges from such Payments * Oxford d See the like observed in the Consecration of the Bishops of England written by Mr. Mason sometimes Fellow of Merton Colledge in Oxford in his Ep●stle to the Archbishop of Canterbury e See their Remonstrances since the beginning of this War h See their Remonstrance before cited i See the Declaration of the Lords Commons assembled at Oxford c. printed there 1643. p. 24. 26. 27. k In the Trea●ise concerning the Kings retirement from Westminster n Written by Mr. Tho. May 1647. beginning at pag. 6. unto pag. 46. o See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Treatise 1. on the Kings calling the Parliament p Mr. May his History q Mr. Hollis his Speech r See the 36 Statute of Edw. ● r See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Treatise to upon their seizing the Kings Magazines Forts Navy and Militia ſ Hen. the 7. t In their Apology Printed soon after the ●ngl●sh Army went toward Scotland y Tantum res 〈◊〉 c●m qu 〈◊〉 satell●ith 〈◊〉 Pontific is 〈◊〉 Iewel in Apolog. Eccles. Anglican z The speedy and effectu-suppressing Errors and Schisms is charged on him b K. Iames his Speech before-mentioned c See the Oxford Declaration pag. 19. d In the treatise concerning the Kings going to the House of Commons to surprise the five Members g Marlboroug● Decemb. 1642. h See the Oxford Declaration page 26. 27. i See the same Declaration page 11. * 25 Edw. 3 l Sir Edward Cooke his Collections concerning the Authority of the Parliament in the fourth Book of his Institut m Quanquam Principes sunt ex numero {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} tamen natura temporis ratione prius sue● int Subditi Princ pes ve●o nisi qui Tyrannidem usurpârint non naturà ut Pat●es sed suffragio Subditorum gratia constituti s●nt I●de illud Domini apud Daniel 4. 32. Scias quod dominetur Altissimus in regno homin um cui volue●it dabi● illud Ex qu● sequitur non Regum causâ Subditos nasci sed Reges commodis Subditorū inservi●e debere Bucan. Institut Theolog. Tractat. de Magistratu Thomas 1 part 1 samma Theolog. quest 9. Art 3 4. n The Author of the Peoples Plea * Aristotle * Tertullian * Treatise 26. p Master Lambards Eirenarch cap. 2. in his Tract on King Edw. the third his Writ directed to the high Sheriff of Kent for the Proclaming Peace where he speaks first of U●iting Minds then of Restraining Hands as a meanes for the preservation of the publick peace * See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} upon the Covenant * See the Covenant * Pag. 16. Demand 4. q At the defeat given them by Montrosse at Kilsyth eve● to the ruining the State of Scotland when the Lord Fairfax the English Generall and other Commanders in chief wrote to the Earle of Leven the Scottish Generall that they accounted the calamities of Scotland to be their own and would willingly adventure their owne blood for the Scots as for the English till the Enemies of the three Kingdoms were fully vanqu●shed See the Breviary of the History of the Parliament of England r Noli in caducum parietem inclinare Lipsius Politic. * In sapientem non potest cadere Injuria Seneca ſ See the exhortation for and touching the taking the Covenant annexed to the Covenant Printed 9 February 1643 t Commonly discoursed in the Diurnalls and Occurrences Printed in Aprill and May 1651. * Psal. 19.