the Lords and Commons and some others is much to be commended O but how difficult a matter is it to get a motion in some places of Justice if a man could be dispatcht after four or five attendances it were brave and that which is most lamentable 't is all one if a mans Client be a prisoner whereas a politick Judg would ask at his first sitting Is there any motions concerning life or liberty or dower for Widows or Orphans and dispatch poor men first them that can spare most Fees let them tarry I know one that hath been assigned Councel for 26. Paupers could never be heard or above four or five of them 't is a po nt of great â—ngenuity in Lawyers to mâ—ve first for hiâ— poor Câ—â—nt without his Fee I have heard many of my leaâ—ned Masters that they would freely move for any poor man as often as he should desire if it mâ—ght not hinder them fâ—r their other Clients 't is a gallant spirit trulâ— though it be tâ— commend our selves yet 't is a truth and a man may commend himself to be coâ—manded and imployed as David did but some are lâ—ke Rocks and wil not be moved What do you to me with your Paupers at the latter end of the day When God knows he came two or three hours before the Couâ—t was sate What! do you think all to be heard As if we came nâ—t to be hâ—a d buâ— to hear others 3. That free people in their right wits never covenanted against the Law of God o Nature nor meant to inslave themselves to the lusts of one or more whom they elected or consented to be their Governors for the end of Governâ—ent is the welfare peace liberty safety propriety and all kind of haâ—piness of the people were it nâ—t for which there would be no end of Governors nor Laws nor can a Kingdâ—m be bound to any condition destructive to any of her own Members Law is but the rule safety is the and of Government now the end as it is first in intention so it is always more noble then the means for the means as means is always inferour to the end as he for whole sake a garment is made is more honorable then the rayment so health anâ— strength are the chief principal ends of dyet food and physick being the means therefore are inferior so are all Governors subservient to the peoples welfare as it is declared in that most excellent Declaration of the 17. of May 1646. whâ—ch deserves to be ingraven in marble Pillars that the welfare of the people is the suprem Law salus popâ—li is the end of all ends for whose sake all positive Laws may be ended and must expire like dead men for the Law is but Lord of particular persons thâ— Câ—â—munity is Lord over it nay theâ—e is no Law of Gâ—d that stands in competition against the safety of the people sacrâ—ficâ— must do homage to mercy the morality of the Subjects must be suspended to save the life of a sheep how much more for the welfare of the shepâ—erd if it be lawful to brâ—â—k the 4. Câ—mmandment in the Lettâ—r of it to save a mans life how much mâ—re lawful is it to dispence with the fifth Commandment to save the lives of milâ—â—ons all must stay and Lady Salus must first be secured the Letter of the Law must not be killing to the people a whole Kingdom can no more be â—uâ—ject to a dead letter then the Romans to their own slaves and as the Romans being a people full of generosity and courtesie never more exprest â—heir gentle disposition then by easie condescending to let their bond men at liberty so our Worthies in Parliament can never do a work more glorious then to infranchise this Kingdom in their souls bodies and estates for which they shal deserve immortal praises Q But hath not the Parliament an unlimited power and Authority Resp What agreement was between the Counties and the Knights of the Shire and the Corporations and Burgesses when Parliaments were first called no man can directâ—y say for my own part I do beleeve that there was some foâ—mal agreement reduced into writings what power the Kings and Burgesses should have and specified in the Indentures of return made betweâ—n the Sheriff and Electors and the Knights and Buâ—gâ—sses which trust the Parliamâ—nt men from tâ—me to time faithfully discharging and Contribuâ—ing to all Taxes and Charges out of their oâ—n estates the people at last were contenâ— to leâ—ve all matters indefinitely to their Knights and Bu gesses and in many Burrough towns there was scarce a man that could write in those days but the matter is not great for thâ—t which limits all Kings and Councels is the end of Government which is the prosperâ—ty of the people and all agreemâ—nts are presumed to be made for the welfare of the people No unnatural thing can be presumed Authoâ—ity is a challenge of obedience legally by such as are impowred by any people Power to speak properly is an ability to put that Authority in execution now all power in the people which they wel knowing were not so careful as they might have been to set limits and boundaries to Auâ—hority becauâ—e the strength remaining in themselves they could never imagine that any Governors would Command them to destroy themâ—elves and therefore these Arguments about seizing upon the Milâ—tâ—a and forts of the Kingdom are weak and invalid if the meaning be any other ways thâ—n this that it is Rebellion for any or many private men to resist the King and contemptuously to oppose the supream Court of the Kingdom because they are less then his Majesty but that both Houses of Parliament can commit Treason acting for the good and by the power of the Kingdom is to argue that a man may commit Treason against himself and that a man is bound with his right hand to cut off his left hand things which nature abhors Q. But what if a free people should make a general Letter of Attorney to some Governors to make what Laws they please against nature and humanity May not a man tye himself to a post as the old Usurer that would bind the young heir to a Table Resp I answer the authority is voyd and revocable for no power can be given that is destructive of humanity Q. But what if the Governors wil not let it go but act accordinly for Domination is a sweet morsel not easie to be parted with R. I answer that in such a case the peâ—ple are bound by the Law of God and Nature by force to redeem their liberties they which be impowred must be overpowred for free men can give away their freedom no further then as it conduceth to justice universal and paticular Phaâ—aohs Law to destroy all the Israelitish males or Herods cruelty or Lycurgus Law to kill all weak or old people or a Law to eat but twice a week doth any man question but these may
Redintegratio Amoris OR A Union of Hearts between The Kings Most Excellent Majesty the Right Honorable the LORDS and COMMONS IN PARLIAMENT His Excellency Sir Thomas Fairfax and the Army Under his Command The Assembly and every honest man that desires a sound and durable Peace accompanied with speedy Justice and Piety By way of respective Apologies so far as Scripture and Reason may be Judges By JOHN COOK of Grayes-Inne Barrester The falling out of lovers is the renewing of love London Printed for Giles Calvert and are to be sold at his shop at the black spread-Eagle neer the West-end of Pauls The principal matters are That 1. NAture is of Gavelkind Tenure 2. All lawful authority is derived from the people who cannot by any Covenant inslave themselves 3. Good Kings raign by Gods approbation Tyrants by his permission till the people can free themselves 4. What Law is what Rebellion is 5. That Anarchy is better then Tyranny 6. That in quiet Kingdoms much Iniustice is to be suffered rather then to oppose the Governors till it be insufferable and then it is ne resistance of authority because God never did nor man can give any such authority 7. Some Scriptures answered and such reverence to be given to divine authority as to beleeve that there was a reason for every thing though we cannot reach it 8. That Bishops for Religion and some former Judges in point of Prerogative are of equal credit 9. What undâ—d Lord Keeper Littleton and others 10. Twelve politick Judges to execute quick and cheap Justice requisite to felicitate this Kingdom with an Expedient for it 11. Essentials not to be lost for Formalities 12. The Law and the Prophets to be rather studied then law and profit 13. A Cause at first as plain as a bul-rush comes to be as hard as an oak 14. That Parliamentum is parium lamentum and that Kings originally agreed to refer the peoples complaints to whom soever they would choose and that Parliaments never dye intentionally 15. The mixture of the three estates commended yet if one of three oâ—ligors fail the other two must pay the debt for Justice must be dâ—nâ— 16. That the Judgment of Parliament is inevitable for all positive Laws by vertue of the fifth Commandment 17 Kings are not less free by reason of Parliaments no more then men are less safe upon Pauls for the Rails 18. To question the Justice of the Parliaments Cause is to doubt whether Protestant or Popish be the true Religion 19. Yet so as the King had some colour for what he did in Gods Ordinance which the Parliament if they should break trust have not and his late party adhering to the letter of Scripture and some Law cases Touch not mine anointed c. had the same colour as Papists for transubstantion by This is my body 20. Mr Jenkins easily answered and Dr Fearns matter combustible 21. Reasons to induce his Maiesty to beleeve that the Parliament did nothing but in discharge of their great trust without which they could not have answered it to the Kingdom and that his Maiesty would frame arguments for that purpose 22. That the Parliament would conceive that his Maiesty acted according to his present light for the satisfaction of his Royal Conscience his Royal Allies and many of his people at home would frame arguments for his Maiesty besides that the Law lays all the blame upon his evil Counsellors 23. That this is a principal expedient to beget a right understanding and endeared and loyal Affection between his Maiesty and people 24. How his Maiesty is head of the Church and one Argument for his Maiesty when the several Parliaments in England and Ireland present acts for establishing of the Protestant and Popish Religious severally what his Maiesty is to do and that the King of Poland swears to maintain both those Religions 25. That the Lords are intrusted by the people though not elected as Guardians of the Kings Contract with the people and that all subordinate Officers are to mind the duty of their places more then the desires of those that preferred them 26. Two things in the House of Commons questioned the Members not being sworn and their not Administring oaths and Answered 27. The Lords supplicated to be indulgent to tender Consciences being exempted from the Presbyterian discipline 28. Three Ordinances begg'd 1. Redemption for our poor brethren slaves to the Turks 2. Liberty for poor Prisoners that are ready to starve 3. Some speedy course to abate the price of corn least poor people be famish't 29 An Apologie for the Armies not disbanding who have bin true to the Covenant and seek nothing but for what they first ingaged and have been the breath of many of their nostrils who would not have their breath in the Kingdom 30. The Declaration against them a Nullity the Revocation of it a great honor to the Parliament and Army What spirits the Armies opposers are of 31. The two great expedients for a substantial settlement of the Kingdom Reformations in Courts of Justice and Liberty for tender Consciences cannot as mens interests now stand be effected without the Continuance of the Army 32. That the main interest of this Kingdom is to be as zealous for the Protestant Religion as Spain is for Popery 33. The Interest of all honest men is speedily to Vnite specially for Gods people 34. That the difference was not whether the Kingdom should be Protestants or Papists but Protestants at large or strickt Professors 35. That should the Army disband til Liberties are secured they would be a ludibrium to all the world and culpable of all the sufferings of Gods people 36. Some late Arguments against the Parliament answered and the Honor of that high Court in all things to be maintained so as the Honor of God do not suffer nor the peoples liberties destroyed 37. No man to grow rich in a time of Civil War Nor usury then to incur some Vsurers within the statute de judaismo and a provision that there may not be a begger in Israel 38. God wil not suffer any good Governors to be destroyed so long as they Administer Justice but t is dangerous for the supream Court to deny the people their Just Liberties 39 Forreign Negotiations against Protestants and the private Interests of some which are contrary to Publique Liberties are Grounds for the Armies continuance 40 Religion introduced by blood every where but in England a Prophesy concerning the sword to that purpose therefore truths which cost dear are to be loved 41. That war is lawful to defend Religion not to promote it that the sword maybe imployd for Religion as the servant of justice 42. Who are the hinderers of Irelands Releif and how Antichrist with his left hand may fight against his right 43. That H. 7. did wel to kil R. 3. and long may his Royal race inherit in our present Soveraign Lord King Charles and his princely Progeny 44. The Author
suffered his Father to have bound him if by Law he had not had power to kil him and that the same Law continued amongst the Romans which no Parents would abuse or exercise only to keep their Children in obedience yet this is clear that by the Law of nature the child is to be obedient to the Father and when the child is set to School or an Apprentice it is the fathers power which he puts into the Masters hands to correct the child which commission the Master may not exceed and therefore that moderate correction which the Law allows to be given to Scholars and Apprentices is to be intended by the Fathers consent for if the Father shal indent with the Master not to correct his child if he strike him I conceive an Action of Trespass wil lie against him and this power continues till the child be able to provide for it self for by the civil Law the Father is bound to provide for his bastard till it be 25. at which time it is presumed able to help it self grounded upon Natures Law that beasts and birds feed their young ones till they can cater for themselves and no longer and so it ought to be with us where the child is natural and not legal 2. This Nature which makes all alike free apts and fits some with gifts to command others to obey 't is a ground in Nature that wise men should govern the Ignorant the Patriarchs were never impowered but carried things so sweetly that men freely obeyed them for when people shal perceive that wise and honest men aim at nothing so much as the publick good every man thinks himself happy to be under such Governors and indeed to prefer such men into places of Judicature is rather a preferment to the people then to them for as by wisdom the world was made and as it is enlightned by the Sun so by Reason the Lord wil have it governed and as in Nature he that is born blind must be guided by those that can see so must ignorant and ill-disposed people be ordered and commanded by those that have the gifts and Spirit of Government and such as are vertuously disposed But all Government is to be ascribed to necessity and reason For the world becoming populous vitious and licentious a Government was necessary and though the primary Laws of Nature as obedience to Parents to hurt no body and to do as we would be done unto be imprinted in the heart of every man and sufficient to condemn the Gentiles yet they are so defaced and corrupted by the fall of Adam and original sin that God and Nature for the good of mankind not only commended but commanded a Government for man is a sociable creature and society is natural for in Hermites Nature is not changed but transgressed 3. All just power and authority is either from God immediately who is Lord of all and may appoint one to be sole Monarch over all the world if it please him as formerly he appointed Kings or in the people who impower one or more over them Saul and David had extraordinary Callings but all just power is now derived from the people 1 Sam. â— yet in the case of Saul it is observable that the people out of pride to be like other Nations desired a King and such a King as the Heathens had which were all Tyrants for they that know any thing in History know that the first four Monarchs were all Tyrants at first till they gained the peoples consent Nimrod the great hunter was Ninus that built Ninivy the first Tyrant and Conqueror that had no title Gen. 10.9 and so were all Kingdoms which are not Elective till the peoples subsequent consent and though it be by discent yet 't is a continuation of a Conquest till the people consent and voluntarily submit to a Government they are but slaves and in reason they may free themselves if they can for conquest gains a title amongst beasts not amongst men In France the King begins his Reign from the day of his Coronation the Archbishop asks the people if he shal be King the twelve Peers or some that personate them say Yes they girt the sword about him then he swears to defend the Laws and is any thing more natural then to keep an Oath And though vertuous Kings have prevailed with the people to make their Crowns hereditary yet the Coronation shews the shel that the kernel hath been in Samuel was a good Iudg and there was nothing could be objected against him therefore God was displeased at their inordinate desire of a King and it seems to me that the Lord declares his dislike of all such Kings as the Heathens were that is Kings with an unlimited power that are not tied to any Laws for he gave them a King in his wrath therein dealing with them as the wise Physitian with his dâ—stempered impatient Patient who desiring to drink wine tels him the danger of inflamation yet wine he wil have and the Physitian considering a little wine wil do but a little hurt rather then his Patient by fretting should take greater hurt prescribes a little white wine wherein the Physitian doth not approve his drinking of wine but of two evils chooseth the least The Jews would have a King for Maiesty and splendor like the Heathens God permits this he approves it not it seems to me that the Lord renounces the very Genus of such Kings that have no Laws to govern by but their own wils Gen. 10.49 for if it be obiected that God had promised them a King and a Scepter in Israel I answer that when God cals any man to such high honor he gives him answerable abilities when he places any man upon the bench of justice he never sets himself besides the cushion besides he told those Kings whom he anointed what their duty was not to exalt themselves overmuch above their brethren Deut. 17. to delight themselves in the Law of God out of which I infer that the Turks Tartars and all people that live at the beck and nod of Tyrannical men may and ought to free themselves from that Tyranny if and when they can to desire too great a King is to have a River too impetuous for such Tyrants that so domineer with a rod of Iron do not govern by Gods permissive hand of approbation or benediction but by the permissive hand of his providence suffering them to scourge the people for ends best known to himself until he open a way for the people to work out their own infranchisements 4. That no Government is divine I mean by Gods approbation for extraordinary callings I know none in these days but that which is just and rational for there can be no such conveyance of power as is destructive of humanity therefore for millions to be at the Command of one man to obey him universally in all things is irrational for wise men are but men
for quick and cheap justice would do it abundantly that the poor may have justice for Gods sake and the rich for reasonable Considerations The favorites of state have always magnified the happiness of English men above all other nations in regard of the Assizes that twice a year Queen justice rides her Progress and Justice is sent them home to thier doors but I profess the Kingdom is a great looser by it 't is a meer spunge to suck away their moneys for little or no Consideration matters of the Crown only excepted and why more hast to hang a man for stealing a sheep then to help a poor man to his just Debt for what a charge is it to try a Nisi prius and when the matter of fact is tryed the party is never the neerer judgment is far of the Defendent may dye or elss writs of Error brought that a man is not beholding so much to the Law as to a good purse to obtain his right therefore this I would humbly beg of the Parliament for the present because to settle a Court of Judicature in every County wil require time and much wisdom to foresee and prevent subsequent inconveniences that the Reverent Judges may every Circuit if possibly to begin this Summer circuit be enabled by Commission to hear and determine besides the Nisi prises all private differences between party and party throughout the whole Kingdom the matter to be brought before them by Petition the Defendent to have timely notice in person or at his dwelling house by Affidavit of two witnesses in case he appear not both parties to bring their witnesses and evidences and the matter being heard to be speedily ended and execution by the Sherif accordingly unless it be very weighty and then to be adjourned to Westminster whereby a difference may be ended in a moneths time for 5. l. charge at the most which now costs 50 or 100. l. and is 3 years at the least in deciding and ends most commonly with the ruin of one party and the other gets such a blow that is long in recovering I know this wil be counted a dangerous design tending to overthrow the Law but it is only by such as fear rather the overthrow of their own profit more then they value the Law and the Prophets for I am sure they cry out for quick and cheap justice and I wil burn my books nay venture my life upon it that no man can render a reason nor frame an objection against this but that I can easily refute it if this be granted as a maxime of state that the Publique good and quiet of many is to be preserved before the private profit of a few say not that I shal hereby wrong my own profession 't is all one if I did in reference to the Publique good but this is a great mistake Lawyers would get more by speedy Justice for who had not rather give his Councel 40. s. to end his business in a day then attend many moneths and give him 10. s. a time for motion upon motion references and references besides no wise man wil go to Law for as matters are carryed the worst end by Arbitriments is better then the best can be expected by the Law all things computed unless in special cases and so what is lost in the hundred is found in the Shire pray do not say this wil prejudice the City and keep away Termers suppose it were so why should all the blood in the body be drawn into one veine When one member swels too much the body pines but that 's another mistake for men would bestow that in Cloaths and Commodities which they now spend in Law-suits but I hope time wil make us wise but then comes the old objection wil you have all things arbitrary and uncertain Nothing less but every Controversie to be ended according to reason and every former President and Judgment to be authentical and binding so far as there is reason for it and not otherwise the contrary practise is as dangerous to the state as implicite faith in matters of salvation for I would but ask this question If a Judg beleives in his Conscience that former Presidents were against reason whether if he observe them he doth not therein condemn himself but if he see reason for the Judgment then it is his own Judgment that leads him and not the bare Authority of his Predecessors but it wil be alledged that reason is malleable and one reason may be brought against another truly in matters of moral Justice t is hard to imagine any great difficulty that cause which at first is a bul-rush comes to be a Gyant differences for the most part are plain and very easie at the first beginning of the suit but when by motion upon motion the cause is put out of its course the matter grows so intricate that a poor Clyent can scarce get out of the Labyrinth but my meaning is not that every rational man should be able to understand the reason of a Law-case but that that cannot be given Law when there is a good reason to be given against it as put the case there is a verdict for a Just debt now whatsoever can be alleadged that such a process did not issue regularly yet reason says that the Debt ought to be presently paid and this can be no more called confusion then Mithridate deserves the name of Poyson And now if I should proceed Methodically I should argue whether the Parliament have sufficient grounds to raise Armies as they did but that is but to argue whether the Protestants or the Papists be of the true Religion and next I should lay down what those just grounds and Arguments were but that would savor of Presumption having been so fully and ungainsayingly declared by both Houses and might be unsafe if I should omit any and at the best prove tedious to the reader my desire being not to build upon any mans foundation nor to bring Arguments which have been exposed to Publique view already though I judg them better then my own yet 't is but a kind of cosenage to the reader to invite him to make several purchases of the same matter a trick more Common then Commendable in this Printing age yet something I must say concerning those matters which is this that the Arguments and motives which swayed me to adhere so cordially and constantly to the Parliament against the late Oxford party were rather Scripture grounds and reasons of state and self preservation then Law-cases and Printed authorities for I always conceived that the King was obliged to call Parliaments as often as the generallity of the people besought him and to disolve them til the Parliament said omnia bene was against his oath and that he was to consent to all such Laws as should humbly be presented to his Majesty by both Houses and when I find in our Law books that the King is a God upon earth as
his Majesty give his Royal Assent to all such Laws that both Houses shal present unto him Put the case then that the Lords and Commons in England present an Act for the free exercise of the Protestant Religion in this Kingdom and the Lords and Commons in Ireland present an Act to his Majesty for the establishing of Popery in that Kingdom what should his Majesty do in such a case Must not his Maiesty see by his own eys and make use of his own Iudgment and discretion what is fittest to be done therein Are not the sinews of the Leviathan perplexed as Iob speaks is not this a ground to scruple the verity of that doctrine that his Maiesty ought by his oath to ratifie such Laws as shal by both Houses be agreed upon I have known many Clyents reconciled after tedious suites and long endeavoring the ruine of one another but it hath been upon this ground that they have verily beleeved that nothing was done by either of them maliciously but in order to the obtaining of their several rights and that by Gods blessing hath been an expedient not only to tye their hands but to unite their hearts that it may be so between the King and Parliament is my dayly prayer til it be so this Kingdom wil not be setled in peace and tranquillity The very truth is that by the Letter of Scripture and some Law cases the King had a Colour to do what he did as Gods Ordinance having an undoubted right to the Crown by descent as his proper inheritance which no other Court in the Kingdom could have the least shadow of reason to do if they should break trust with the people I have but one stair more to mount before I come to the Army and that is how far the Kingdom is to be obedient to the King and Parliament in all cases And herein I desire to be carefully observed because the Kingdom cannot be convened in it's diffusive body therefore it is formed into an artificial body in the high Court of Parliament which without all question is the Supream Court from which there is no appeal to any other concerning positive Laws for the deciding and determining of the arduous and most difficult affairs of the Kingdom both for titles of land when they please and all the great turnings and windings of state it being most proper to determine the greatest matters in the highest Court in which cases though the judgment of Parliament be not unerrable because the members not impeccable yet it is Inevitable for the Publique judgment of state resides there and it is the wil of God that for the preventing of wars and bloodshed that there should in every nation be some supream Court to whose determinations every private man is to submit as it is in Deut. Deut. 17.11 possibly many of the Iews might conceive that the juâ—gment of the Iudgâ—s Levites was not always right yet it must stand to prevent a greater evil I am not of opinion with learned M Jenkins that acts of Parliament which carry a seemâ—ng repugnancy are voyd or that the Judges have power to controle acts of Parliament and construe them to be void for this is to erect a higher tribunal the Judges are obliged to expound the Statute according to the intent of the makers otherwise they that are at the Oars should row against them that sit at the stern The intent of the Legislators is the Empress and Qeen Regent which the Judges are strictly to observe and theâ—efore that objection of a repugnancy in the countenance of this Paâ—liament for how can therâ— be a Parliament every 3 year if this continue 7 years is but a flourish for in all acts grants and wils such an Exposition is to be made that every word may have its weight and be of force the meaning is plaâ—n that after this Parliament theâ—e shal be a Triennial Parliament some incongruity no more then when a man makes a Lease for 7 years after from year to year and no acâ— shal be construed to be voyd when by any reasonable intendments it may be made good the Judges being Assistants in the upper House cannot but know the meaning of the statute if it should be penned obscurely and by the same reason they ought as wel to take notice of every private act as those which are general and not to hazard the right of the Subiect upon a nicity of Pleading which is so fatal to many mens rights but it behoves Mr. Jenkins to hold that Iudges may expound acts of Parliament to be void when himself being a Iudg in Wales nullified Ordinances of Parliament made for the liberty of the Subiect which he ought to look upon as an Ordinance of God not to be disputed but obeyed but this is the fruit of his studying Law upon the Sabbath days whereof he was wont so much to glory that he gained one year in 7 in his study but all the hurt I wish him is that he would now study the Law of God which is the only touchstone of all humane Actions and the Archetype of all Governments and what is against it is pure innovation But this I agree that a statute against the law of God or nature is void for man having no hand in making the laws of God or nature they may not intermeddle in the Changing or repealing of them but any positive law made by man may be altered by the same Authority and therefore the meaning of that in Dan. like the Laws of the Medes and Persians which are unchangeable is to be intended either that those Laws were only a ratification of the Law of God or nature aâ— the Counsel of Trent that gave Authority to the holy Scripture or else that they might not be altered by the Emperor without the peoples consent In the next place I conceive that no fundamental law of this Kingdom can be altered by the King and Parliament but my meaning is that nothing is fundamental but what is for the safety and happyness of the people that which was no Law before it was written that may be altered but the happiness of the people was a Law before all written Laws Magna Charta was Law before it was written and collected but for easier Conservation being for the peoples happyness and that statute in 42. E. 3. that every Law made against Magna Charta shal be void is no more then the voice of Reason for the Foundation cannot be removed so long as the building stands It troubles me to hear when I am saying that Lawyers ought not to make the trouble and disquiet of poor men the Basis of their Grandor And that it were happy for the Kingdom if the Parliament would device some expedient for summary justice what saies one wil you destroy all and change the fundamental Constitutions of the Kingdom As if the ease and welfare of the people should be their destruction I look upon it
loves the Assembly yet conceives that Liberty had been long since setled but for them who make the smal differences between the Conformists and Reformists wider 45. The absurdity of that Common Argument that if Independents be permitted then Papists must Errors in Religion to be tolerated but not against Religion 46. That there are more differences between the Papists then are in this Kingdom therefore we are to spend our wit upon them and our love upon Protestants Pope Joan in the dark as good as my Lady 47. A moderate Presbytery commended for restraining vice and for external beauty but a rigid Presbytery dangerous to this Kingdom men wiser in the South then in the North the danger of Coactive violence in matters not fundamental 48. Whether it be as lawful to fight for Christs Kingly Office as for his Priestly Office and whether Christians may presume of Gods extraordinary power in case of Arms without an extraordinary warrant 49. What Liberty of Conscience is desired and that natural men know not what belongs to spiritual priviledges and what use may be made of the late Common-prayer-book 50. A request to the Assembly to become suitors for just Liberties and to the Army not to mingle their interests by any means with those that shal oppose the High Court of Parliament Redintegratio Amoris OR A Union of Hearts between The Kings Most Excellent Majesty the Right Honourable the Lords and Commons in PARLIAMENT His Excellency Sir Tho. Fairfax and the ARMY under His Command The Assembly and every honest Man that desires a sound and durable Peace accompanied with speedy Justice and Piety AFter a shower how glorious is the Sun The War being ended what endearments should there be between all true-hearted English men When hands are tyed the great business is to unite hearts 'T is the wisdom of State when the heart of War is broken to deal Honorably with the Conquerors and gently with the Conquered 'T is the glory of a State as wel as a man to pass by an infirmity and far more noble to forgive him whom thou mayst kill then to kill him whom thou mayst forgive The Title of this Treatise I hope will please every man but such as feed only upon poyson which creatures soon after break in pieces that are grown rich in a time of poverty or fear a Day of Account before the Day of Judgment some only can fish in troubled waters the matter of it I hope wil relish wel to wel-tempered pallates that have the salt of reason for my own particular it hath ever been my hearty prayer and what I have prayed for I have ventured to write for though I know very few that have gained any thing by the Press besides their own contentment but hard censures but he that is wise when men are fools is true when they are lyars I am not in love with my own conceptions and yet will father them that they be not illegitimate and the mother conceiving them is a single heart as an English man the subject is weighty and many ticklish points but strong affections may be discerned by weak performances and I hope men are more merciful then formerly those that love wil excuse let others bring reason for reason I am satisfied to give the Reader rational satisfaction I must dig deep for these precious truths for taking too much upon trust and that to be reason which only looks like it hath occasioned our late mischiefs And 't is as hard to make some men beleeve the Truth as it is to disswade others from Errors Wherein as it is said of Errors that to reduce them to their first original is to refute them bastards love any discourse but to hear of their originals so in all matters of Reformation by the Interven-of the Sword the foundation Root highest wel-spring fountain end and grounds of all government is in the first place to be sounded fathomed and discovered which under favour have been the great defect in many writers in this late Comâ—â—stion that speak of obedience to higher powers of the unâ—awfulness of resisting and of the Rights and Liberties of the people◠〈◊〉 drawing from the Fountain but following the streamâ— of former Authorities and practises of other times which have â—he â—â—â—â—â—nance of example but not the least force of a Law 〈…〉 striving to know by the Causes why such a Government is appointed or Law is made as by the effects that so they find it to be Which Impolitiques is the Reason why there are so many Practises to be reformed in Courts of Justice the Judges finding the course of the Court which they say makes the Law to be so they never look further at the reason why it is so for if they did but consider the end and primary intention of all Laws viz. the execution of justice which consists in giving every man his own they would rather dispence with 10000 formalities and niceties in Law then neglect the doing of justice rather suffer all the courses of the Court to be broken and shivered into attomes then suffer one poor man to be undone by a mispleading or Error in the proceedings for justice is of moral and of perpetual equity but the course of a Court is but Ceremonial the Ceremonial Law of God always gave place to the moral when it appears fairly to the Court that the Debt is due or that the Plaintiff hath title to the Land if there be as many Errors and mistakes in the pleadings as there are stars in the Firmament the Judg must break through all forms to make the Plaintiff master of his right and to object matters of form and confusion is but to tyrannize over poor men that are not able to buy Justice and to be more careful of the shoo then of the foot that wears it Resembling herein the stranger that admiring the height of St. Marks-Tower in Venice thinking the Foundation could not be deep by reason of the water was very studious to know whereupon so goodly a Fabrick stood the people said it was so but how it came about was for the Senate to know the reason they troubled not themselves about it but I must dig deep for this precious truth and go to the ground of the point which being â—ound in the groundsels the building is not to be suspected and I conceive 1. That by nature all men are born alike free as we hold all by Frankalmoign so nature is Gavelkind tenure and there is no power natural but parental further then every man doth expresly or implicitly impower other men over him and every Father is a King in his own family Abraham Isaac and Jacob in Canaan had no Government but Domestical Parental or Proparental And though I cannot agree with Learned Charron that the Jews had power of life death over their Children which he would prove by Abrahams offering up Isaac which he supposes Isaac being about 25. would not have
reap for them the honey by those men was not intended for the Bees sic vos non vobis c. Tell me now is it not more mercy to kill the wolfe then to let him go is it not better to be nourished by a Theefe then kild by a Shepheard is it not better to be healed by an Emperick then to be poysoned by a Physitian But in the former Case that I put where twenty chose a Captain to command them for he is as truly a King though not so great and glorious a King that reignes over twenty as hee that reignes over twenty millions Many of the Kings mentioned in Scripture of Sychem Iericho Sodom and Gomorrah never had so large a command as the Lord Mayor of London No King in Israel was Conductor of the people Governour is the generall word and to bee a King is but one kinde of Government Florence and Muscovy but Dukes in name have the greatest power of any Kings in Christendome if the seventeen desire to serve God contrary to the Captains judgement with the Common Prayer Book for the purpose the Captain with the other two comes to the house where the seventeen are worshiping interrupts them and will hale them to a prison they alleadge for themselves that they doe not any way disturb the present Government of State but desire freedome in their Consciences the question is Whether in this case it be against the word of God for these seventeen to defend their owne profession and to destroy the Captain and the other two for the liberty of their consciences if otherwise they cannot preserve it my meaning is after all meanes of entreaty used to the Captain to bee indulgent to them in so pretious a thing as Gods Service is and flying bâ—ck to a wall as we say as farre as a man can when he is pursued and so to make it but a pure se defendendo For my own part I think that it is not only lawfull but a thing most necessary that if these seventeen men should suffer themselves to bee imprisoned for their consciences by their Captain and two others that God would be angry with them for being so unnaturall and unjust to themselves But then the question will be If the Captain and seventeen should be of one opinion and the other two contrary minded and the eighteen make it capitall and condemn the other two for Heretiques whether may the other two resist in this case I answer they may save themselves by flight if they can but for two to take up Arms against the eighteen I am doubtfull whether it bee lawfull at least convenient because there is no probable hopes of successe and it is the minde of God that these two should suffer patiently what they cannot help and this will fall within that excellent Rule Of two evils the least is to be chosen the two are sure to lose their lives therefore they must suffer patiently rather then to endanger the lives of others with them for the God of peace does not delight in warres and then an evill is judged to bee inevitable when there is no apparent ordinary way to avoyd it because without an extraordinary warrant wee may not presume of Gods extraordinary power and assistance as if an honest man with a sword bee set upon by two theeves with pistols now in this case I hold it wisdome to deliver his purse to save his life because two are stronger then one Nature is Gods Lievtenant and efficient by a power from God received continued permitted and in humane affaires we are to look what the course of Nature may probably effect if not checked when God sayes this shall be because I will not hinder it then Nature of its own nature produces such effects What King with a thousand will fight against him that comes with ten thousand and as the use of lawfull means for safety does not argue a confidence in the creature but a subordination of the meanes that God without meanes can do it but meanes without God cannot doe it yet somtimes God puts more strength then ordinary into the creature and acts more immediatly by ten sometimes chasing a thousand therefore I passe it over But my meaning is that a warre for desence of Religion is unquestionable but the manner is alwayes to bee pondered and that in any Kingdome or State where such a considerable number of people which are the stronger part shall upon good grounds bee convinced in their judgements that they cannot by reason of the prevalency of some proud domineering covetous or malicious spirited men that had rather lose a Kingdome then that some men should enjoy too much of heaven upon earth and would set the Kingdome together by the eares to get their Eare-rings who while they exclaym against Conventicles and private meetings of honest people are themselves the most dangerous and only Conventiclers that I know in the Kingdom having their constant meetings how to oppresse and degrade all that stand in their way both in soules and bodies it being such clandestine and factious Ends onely that in judgement of Law makes a Conventicle for a hundred men to assemble to carry a Tree is no offence and will not let honest and peaceable men have freedome and liberty to serue God according to that light they have received from the Father of lights and to receive common justice submitting for conscience sake to every ordinance of man in such a case it is not onely permitted but commanded that these men manfully defend themselves and their liberties or else they are in effect selfe-murtherers and in such a case the truth of God is of that value that his meekest servants will fight for it rather then it shall be indangered what Doctor Ferne objâ—cts against it is but stubble and combustible and will not beare the weight of a feather in the ballance of the Sanctuary for will any man that is sound in his intellectuals unlesse he desire to be a Bishop Imagine that ever Saint Paul commanded the poore Saints in Neroes household to be subject to Nero in Church matters that was an enemy to them or to Caligula that wished that all Christians had but one naturall head as they had but one mysticall I wish there were no Caligulaes amongst us that would be cutting off many heads at one blow Indeed if any Court might enforce mens consciences what miserable things were Christians Truth shall be sure to be shut out of doors for the most are seldome the best Paul speaks of legall civill authority the Saints in Rome are but a handfull and had no law for their Religion That there should be some government is Gods institution as in the fifth Commandement which bindes the conscience in positive Laws though hard and rigorous but the manner of it is mans appointment and constitution of whose power and authority good and evill actions are the proper and adaequate objects I willingly grant that
the Magistrate who is a good Christian stands upon the advantage ground and ought to command the people for Gods sake to yeild obedience to the Laws of God and to be exemplary in his conversation and to protect Gods people by declaring against errours and that no man ought to beare with an errour in his dearest consort but perswasion is the Gospellary way without all dispute in matters not fundamentall My Lord Bacon was of that opinion he that is not against us is with us Spirituall maladies must have spirituall remedies in matter of opinion I wrong no man if he be offended at me it is his weakness I intend it not I speake of errours in Religion not errours against Religion with a toleration whereof no State or Kingdom can subsist 'T is a fruit of the Turks Religion not to couzen nor steale and to make conscience of an Oath to doe no murther nor adultery 'T is against Intrinsicall rules of all government to permit any of these nor must any errour be permitted that is a sworne enemy to peace and policy Man can give no power but what God gives therefore it is no resisting of authority when there can be no such authority given matters of conscience are not giveable nor takeable If I bid any man kill me and tye my hands yet I may breake the cords I cannot give power to enslave my selfe nor ought any man take it If there should be any Covenant made to enforce conscience it is an unjust Oath and to keepe it is to adde a greater sinne to a less as if the first were too little whereas the least is too great and should be lesned not enlarged and though I am bound to lose by my Covenant yet not to be undone by it When the Lord visits us with sicknesse doe not we defend our selves against his blessed Majesty by Physick by food and rayment And nothing more lawfull and naturall then selfe defence against which no Canon can be of force as it was resolved at Constance that a Canon made in favour of an angry Pope that he might strike any man and no man strike him was void by the Law of nature for what is it but to arme sin against the Law did not Sweden Holland France Germany Poland and Scotland introduce Religion by the sword Calvin Beza Bellarmine Carrerius Junius Turquet Bucanus maintained the lawfulnesse of it and Bilson in the Queens time wrote a book in defence of it not to invade the Turke because he is not a Chrâ—stian but for the freedome of their own consciences King James in his Epistle to Perron justifies the French Protestants fighting for their Religion calling it a defensive Warre that he which offers the wrong is alwayes on the offensive part as he that denies the debt begins the suit and such a wrong doer cannot be wronged Geneva in 1536 cast off the Bishop their Prince and Calvin sâ—yes Populars may restrain all kinde of tyranny as the Ephori did the Lacedemonian Kings and the Tribunes curbed the Consuls and if for bodies much more for souls the reason is because every people in the conferring of power reserve so much to themselves to attaine that end whereunto they are ordained which is the glory of God and their own freedoms and welfare Certainly God never commanded any Magistrates to lay any clogs or Fetters upon the consciences of his own people that 's the apple of his own eye yet so as if by force his people be destroyed they must take it patiently dye like lambs for the Lambs sake that dyed for them but they may not suffer if they can oppose it that 's to be guilty of selfe murther The sufferings of Jesus Christ were voluntary and when wee resigne our wills to a thing enforced we make it willing and so the Martyrs were said to lay down their lives willingly and yet they could not help it This fighting for Religion is not to fight to promote it in others not to kill any tyrants that oppose it but to preserve Religion and the professors of it All Magistrates are tyed to the Laws of God and nature and 't is a lesse sinne for a private man to breake those Laws then the Magistrate who is intrusted to keepe them For a Commissioner to breake a trust is the highest prevarication against which illegalities self-defence is lawfull if the party can help it men may free themselves from tyrants if they can if not what remedy but patience the reason is perspicuous because no man can impower another over him to command against both or either of those Laws and therefore the meaning of those commands of honouring the King our parents and governours is to observe all such lawfull commands as are not contrary to God and nature for God is the God of order which he should not be if Governours were to be obeyed disorderly If a King or Governour be mad must all the Kingdom be fools to obey such a Devill as that Duke D' Alva was that made the Hangmans place in Flanders better then the Chancellours If such a Magistrate be drunke and resolved to kill whomsoever he meets may not the people shot him up all night from doing mischiefe to take away a madmans sword from him is not to take away the property but to prevent the mischiefe Many of H. 7. freinds had sworne fealty to R. 3. yet H. 7. did well to kill him and we never read of my pardon obtained from the Pope the Royall race of H. 7. inherits still in our Soveraigne Lord King CHARLES to whom God impart as many graces as to all his Ancestors that as he hath made the heart of Gods people sad so he may now make it his royall study to set Jesus Christ upon his Throne by whose gain his Majesty can be no loser and long may that Royall race continue to administer and execute good and wholsome Laws for the prosperity of these Nations by which it is more honourable to command 10 free men then to tyrannize over 10000 Gally-slaves If the Magistrate in a Protestant Kingdom should introduce Popery as in Queen Maries time a particular man may not oppose but the Parliament might and by the Law of God ought to have opposed it But if the Lord had put a sword into the hands of the Smithfield Martyrs able in probability to have defended themselves these could not have dyed with comfort for their Religion for I cannot judge him a good Christian that is not a morall man and he that will not doe right to himselfe to defend his own life will hardly doe right to his neighbour he that hath but a little minde can be but a little vertuous I affirme that the Army may not disband in point of honour till this Kingdome be in a better way of settlement for I ever thought that there was more to be done for the happinesse thereof then the humiliating and geniculating of the late Oxford party whose