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A86729 Digitus testium, or A dreadful alarm to the vvhole kingdom, especially the Lord Major, the aldermen, and the Common-Councel of the City of London. Or a short discourse of the excellency of Englands lawes and religion. Together, with the antiquity of both, and the famous Kings that England hath had to defend both the religion and the laws against the heathen Romish emperours, and against the Romish power, under Popes. With the several plots the Popes of Rome have used against the Kings of England, to throwe them down, and how of late he hath prevailed against the magistracy and ministery of England, his new designes, and manner of progress: together, with a serious view of the new oath or ingagement, with 22. queries upon the same. And also objections made against the non-subscribers thereof answered. Let the ingenuous reader take so much pains, as to read that incomparable peece of vindication of a treatise of monarchy by way of discovery of three main points thereof. Hall, Henry, d. 1680, attributed name.; Hall, Edmund, 1619 or 20-1687, attributed name. 1651 (1651) Wing H339A; Thomason E621_13; ESTC R206419 34,005 37

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Nauntons fegmenta Regalia p. 2. Sec. 1. So that the Stuarts have an unquestionable Title to the Crown of England from the old Christian brittish Kings whose antiquity is beyond all the Kings in the World The Tudors expiring in Queen Elizabeth the mighty Family of the Stuarts succeeded by an unquestionable Title as lineally descended from Margaret the eldest Daughter of Henry the 7. of whom descended James the 1. of England and sixth of Scotland he reigning 22. years died and left the possession of England Scotland and Ireland to Charles the 1. who after he had raigned 24. years was cut off by a violent death Jan. 30. 1648. at his own door So that by this it may appear by what right the Kings of England have for above these 100. years made the first and chief estate in Parliament t is by a right of succession and inheritance always acknowledged and granted by the King The House of Lords make the second Estate because the Nobility of a Kingdom are the main pillers of those political Thea●ors where they live and as they are Clarior et illustri●r pars populi they do claim that priviledge jure geutium in this Kingdom they claim it as their Birth-right never in any age denied them their house being far more ancient then the House of Commons for Henry the 1. was the first that established the House of Commons and the House of Commons make the third estate who are called by the Kings Writ and chosen by the people to be their Trustees in Parl these being chosen and come up to Westminster or the place where the King appoints they are called over in the Kings presence and there they answer for what Shire or Town they are which done by the Kings Commandment they choose them a Speaker who maketh requests to the King that he would be content that they may injoy their liberties to speak their minds freely that they may punish any of their House offending that they may in doubts have the liberty to consult with His Majesty and the House of Lords promising in the Commons names not to abuse but to improve their priviledges as faithful true and loving subjects ought to do for their Princes Honour and advantage The House of Commons have power to impeach any person of Treason except the King for the King is one of their Estates and the Head now neither of these 3. Estates can impeach an other the King Lords cannot impeach the House of Commons because it is the third estate and the King and Commons cannot impeach the House of Lords because it makes the second Estate hereby the community must necessarily dissolve it self if either of the Estates could impeach each other therefore the Lords and Commons be they never so intire and full have no power de jure to impeach the King because he makes the first estate in Parl indeed they have power to curb the exorbitances of each other and for this end their two Estates of Lords and Commons were devised to curb the excess of Monarchs but in no wise to dethrone them The House of Commons never was a Court of Judicature it had a regative voice in the making of new Lawes and the chiefest hand in granting subsidies levying Taxes and imposing Customs on this Kingdom without whom the King and Lords could not proceed The original of the Subjects liberty came first out of Germany where saith Tacitus nec Regibus libera aut infinita potestas erat Kings had not unlimitted power but the weighty matters of the Realm were dispatched by general meetings of all Estates but it can never be found that the House of Commons was a Court of Judicature they are but the Peoples Trustees and this power they have that they have a negative voice in the making of a Law or imposing of any Taxes and herein is the great and vast liberty of the English Subject included that there can be no Law imposed on them but what their Representatives or Trustees in Parl shall agree unto and if after they have agreed unto a Law which proves inconvenient or not so effectual as was intended for the good of the People The next Session saith Fortescue Cancito reformari potest And thus the Laws of England in their framing are the best Laws in the World 3. And as the best in their frame and constitution so they are the best Laws in distribution for as all Estates have a hand in framing a Law so no Estate is exempted from observing of those Laws so that English Laws may truly be called Justice in the abstract for they do suum cuique tribu●re They give the King his due the Nobles their due and the Commons their due to each man from him that welds the Scepter to him that holds the Plough it gives him his right The Law sets the King above imprisonment or attainture by his Subjects by this Rule in Law nemo imprisonetur aut disvisietur nisi per judicium Legale parium Now all other men in the Kingdom may be tryed because there are to be found his Fellow-Subjects equal in all the priviledges of a Subject with him but a King take him either in his personal capacity or publick capacity he is no Subject of the Law indeed he is sworn to maintain and defend the Law The King is bound to maintain the Law by his Oath the form of which Oath runs thus You shall keep the Church of God the Clergy and People intirely in peace and concord in God according to your power The King answers I will keep them you shall cause equal and right justice in all your judgements and discretion in mercy and truth according to your power The King answers I will do it you shall grant just Laws and Customs to be kept and you shall promise that those shall be protected by you and to the lover of God to be strengthened which the common People shall choose according to their power To which the King answers I give and promise it This Oath the King takes at his Coronation viz. Parl. Rol. 1. Hen. 4. but in case he doth not so fully execute the Laws as is meete there can be no Judge legal of the King because he is a Monark and there cannot be Judges of the accesse of Monarchy for none can be found his equals and to judge him otherwise were to deny the Monarch what is granted to the meaner Subject which is to be judged by his equalls But though the Monark cannot be judged yet the instruments of that Monark may for a Commission from the King cannot bear out a Subject beyond Law the exorbitant Commands of such a Monak as our English Monark being politically powerless and if Authority fail in the supreme Power the instrument can have none from thence derived to him but must necessarily fall under the censure of the Law so that though the King is head of the
Subjects or any other whatsoever And I do believe that neither the Pope nor any other can absolve me from this Oath and all these things I do plainly swear according to the plain and common sence and understanding of the same words without any equivocation or mental evation or secret reservation This Oath with the Oath of supremacy the supreme Authority of the Nation thought fit to impose upon all the Protestants and other subjects in the Kings Dominions The Protestants rejoyced that there were such Oaths whereby they might manifest their loyalty to their Soveraign Lord the King only the Papists refused it having and using no other plea but tenderness of Conscience and fear to offend the Church of Rome these Oaths distinguished Protestants from Papists a long time in England during which time the Kingdom indured much peace and prosperity but after the death of K. James K Charles succeeding him in the Throne and matching with one of the Popish Religion a gap was opened for Priests and Jesuites to enter into the Kingdom and Romish designs were set on foot for the setling of Jesuites in the Kingdom under the name of protestants the Pope granting dispensations and Jesuites writing books as Ortwinus and several others of the Church of Rome that it was lawful for a Roman-Catholique to make profession of the ●rotestant Religion to go to their Churches and outwardly comply with Protestants and yet be a sacred Catholique and that it was lawful vulpirare cum vulpibus to play the knave with a knave they are their own words Hereupon subtil Jesuites under the name of Protestants seated themselves in England undiscovered held correspondence with the Conclave of Rome and carried on the Popes design professing all obedience to the King but keeping their poysonous treason against him in their brests ready to spit in the Kings and his Posterities face when they had fit opportunity for they had learned their lesson within book that it is lawful to spoil an Heretique King of his Goods melius tamen est quod Authoritate judicis fiat but 't is better to do it by a Court of Justice this is not a new opinion of the Popes nor of the Jesuites though newly acted And this is another opinion of theirs that uxor Catholica viro haeretico bene volentiam reddere non tenetur that a Papists wife may refuse to submit to her Husband she may plot and conspire his death by the Popes Law and this is another Cardinals opinion whose Books are licensed Pater qui filium habet haereticum exh●reditare talem filium tenetur that the Father may disinherit his Son being a Protestant Simancha episcopus saith propter tonne haeresin patris filii non sunt sui juris by reason of the Fathers Heresie the same freed from his allegiance Nay they hold that Subjects may lawfully refuse to obey Protestant Princes saith Beliarmine Non licet Christianis tolerare regem haereticum That Christian Subjects ought not to tolerate a Protestant King to live for in the Papists sense they are the Hereticks With these poisonous opinions did many subtil Jesuites and Priests lie about the Court get into Vniversities and other places in the Kingdom under the name of Protestants many of them These with the Popes Nuncio having won the Arch-Bishop of Canterbury to their party as States-men conceived drove on a subtil design to overthrow the Government of the Kingdom by a Parl and so to pull down the Protestant Magistracy and all their wholsome Laws and by insinuating Altars Crucifixes Images and Image-worship with several other popish Ceremonies and imposing them on the Ministery of England thereby they intended at once to root out the Protestant Ministery and Protestant Religion This took effect according to the Popes desires so fully and raised the hopes of the Popish party so high that they resolved like Haman to destroy the Church in every of the Kings Dominions Scotland they intended to new-mould to the Popes model which Nation though poor and weak intemporals proved to the world that they were rich and strong in spirituals for they discovered the Popes designes and the English Jesuites the plots of the Spanish faction insomuch that the Protestant Nobility of England petitioned the King for a ●arl which was granted and the etcaetera Oath a Popish new Engagement on purpose devised to supplant the Protestant Ministery was utterly broken The Parl was by the gracious consent of the King established to sit until by their own Act they dissolved themselves This as it was great joy to the Protestants so it was exceeding terror to the Papists and Popish faction many of which fled beyond the Seas to Rome and other places Several others like subtil Foxes got on Sheeps-Cloathing and walked amongst the Separatists who during the Prelates tyranny were counted the most religious and zealous Protestants with these did they joyn and quickly learned their language fitting them in all things to a hair crying out against Antichrist the Pope of Rome Common Prayer or Antichrists Bible and Bishops as Antichrists brats this pleased the Separatists and no whit displeased the most of Protestants who too far lost their discretion through the violence of their blind passions who thought to much could not be said against Episcopal Government it had been so exceeding tyrannical hereby the subtil Jesuites under the name of zealous Protestants pluckt the Protestant Ministery and the Protestant Religion and the Protestant Magistracy as much into danger on the other hand as it had been before by the Popish Prelatick party for upon a true bottom did the Romish Sophists build a false Argument thus The Pope is Antichrist that 's true the Pope made Bishops say they and the Bishops made Ministers therefore the Ministers now were set down for Antichristian Ministers here the Devils Cloven foot appeared and mark what progress and advantage they made of this The next consequence was If Ministers be Antichristian then the Ordinances they administer are Antich Baptisme is Antich singing Psalms observing the Lords day meeting in Churches all this was Antichristian so that the Pope set up two designes for the miscarriage of that of Scotland for what with the Parl just and strict proceedings against the Popish party about the Court and what with their prevalency at Court with the Queen and the King designes by the Court factions were on foot to bring the Northern Army against the Parl to over-awe them as appears in the preamble of their Protestation made May 5. 1641. Thus whereas the designes of Priests Jesuites and other adherents to the See of Rome have of late been more frequently and boldly put in practice then formerly to the undermining and danger of the ruine of the true reformed Protestant Religion and the subversion of the fundamental Laws of England and Ireland by wicked plots and conspiracies and breach of Parliaments whereby the Kings Maj. person is indangered and an Army
intended to be brought up against the Parl to force them to condescend to the lusts of a Popish party Hereupon the first Protestation was framed and sent throughout the Kingdom no body refusing to subscribe it except Jesuitish Separatists J. A. B. do in the presence of Almighty God promise vow and protest to maintain and defend as far as lawfully I may c. Soon after this the breach between the King and the Parl. fell out the King giving too much ear to evil Councel and that Popish faction which was the ground of all the former persecution and the civil War the King raised an Army to defend himself and the Protestant Religion the Parl did the like upon the same grounds which at that time was doubtless real their end propounded was to defend Religion Law the Kings Maj. Person the Parl. priviledges and the Peoples Liberties The Parl cause seemed the best in most Protestants eyes at that time in regard the Courts designs were long before discovered to the Parl The Queens departure with the Crown-Jewels into Holland and the numerous flocks of Papists going to the King with all the corrupt part and guilty persons of the Kingdom which made haste to the King after his departure made the Protestants afraid what would become of Religion Parliament and the Kings person should that party about him have prevailed however they professed the Protestant Religion though many of them convicted Papists Hereupon the Lords and Commons made a second Vow and Covenant with this preamble Whereas the Lords and Commons now assembled in Parl have declared that there hath been and now is a Popish and Traiterus plot for the subversion of the true Protestant Reformed Religion and the liberty of the subject c. And after all this still perceiving the Popish party to increase grow great victorious bloudy and blasphemous the Lords and Commons professing to the World that they had nothing before their eyes but the glory of God the advancement of Christs Kingdom and the happiness of the King and his Posterity with the true publique liberty safety and peace of the Kingdom against the plots of the enemies they entred into the solemn League and Covenant containing 6. Articles which every Parl. man publickly and solemnly at the Chappel of St Margaret Westminster with his hand lifted up to Heaven in the sight of the Scots Commissioners and the whole Congregation did subscribe 1. That we will sincerely really and constantly through the grace of God indeavour in our several places and callings the preservation of the reformed Religion of the Church of Scotland in Doctrine Worship Discipline and Government against our common enemies the reformation of Religion in the Kingdoms of England and Ireland in Doctrine c. 2. That we will in like manner without respect of persons endeavour the extirpation of Popery Prelacy Superstition Heresie Schisme Prophaneness c. 3. With the same reality sincerity and constancy in our several places and Callings indeavour with our Estates and Lives mutually to preserve the Rights and Priviledges of Parl and the liberties of the Kingdoms and to preserve and defend the Kings Majesties Person and Authority in the preservation and defence of the true Religion and Liberties of the Kingdom that the World may bear witness with our Consciences of our loyalty and that we have no thoughts or intentions to diminish his Majesties just power and greatness 4. We shall also with all faithfulness endeavour the discovery of all such as have been or shall be incendiaries or Malignants c. 5. And whereas the happiness of a blessed peace between the Kingdoms formerly denyedt our progenitors c. 6. We shall also according to our places c. This solemn League and Covenant being entred into by both Nations of England and Scotland made the deepest and strongest Politicians of the Roman faction to tremble yea as Mr. Hinderson the Reverend and Learned Minister of Scotland then Commissioner well foretold the news of this Covenant which was soon carried to Rome with the names of all the Subscribers made the Pope and his Conclave of Cardinals amazed and tremble insomuch that they doubled their diligence to work the destruction of the Covenanteers at this time The Duke of Lorane was solicited by Sir Kelem Digbies meanes who was then the Queens Agent for the English Affairs at Rome to help the King of England with an Army against the Covenanters in England Sir Kelenem Digby was the Popes right hand to promote and further all designs against the Covenanters party in England At the same time a Nuncio was forthwith sent from the Popes Court into Ireland there to make a Cessation with the Protestants and to further by all means possible the King of England against the Covenanters which was concluded with the Popes good liking as hath been confessed The old and sage Statesmen in Parl perceiving the designes of the Pope to drive furiously on towards the destruction of the Parl and Covenanters called in the Scots to their aid against the Popes designes The English A●my and Scots Army admitting no Officers or Souldiers in their Armies but such as took the Covenant the Covenanters through Gods providence beyond all expectation prospered in the field against their enemies and the Parl and Assembly of Divines prospered at Westminster and went on successively both of them being unanimous in the pulling down of Popery and Tyranny and establishing and maintaining the liberties of the Kingdom and Laws of the Realm and true Religion in Doctrine Discipline and Government for this purpose the Assembly of Divines first went over the Articles of faith drew them up after most deliberate serious and learned debates upon each of them and humbly presented them to the Parl under 33. heads 1. of the Scripture 2. of Gods Covenant and the holy Trinity 3. of Gods decrees 4. of Creation 5. of Providence 6. of mans fall and sin 7. of Gods Covenant with man 8. of Christ the Mediator 9. of free will 10. of effectual Calling 11. of Justification 12. Adoption 13. Sanctific●tion 14. saving faith 15. Repentance 16. good works 17. of perseverance 18. of assurance of grace 19. of the Law of God 20. Christian liberty liberty of Conscience 21. of religious worship and the Lords day 22. of lawful Oaths 23. of the civil Magistrate 24. of marriage and divorce 25. of the Church 26. of Communion of Saints 27. of the Sacraments 28. of Baptisme 29. of the Lords Supper 30. of Church-censures 31. of Synods and Councels 32. of the Resurrection 33. of the last judgement Then they regularly proceeded to settle Church-Government first proving Presbytery to be the Government which is most like to the primitive Government and coming nearest of all other Governments to Gods word next they drew up a Directory for Church-Government with an Orthodox learned and pious Catechisme and thus the Covenanters Magistracy and Ministry went on and prospered until they threw down their
open enemies in the field and were in great hopes of setling the Protestant Religion in purity and extirpating Popery out of the 3. Kingdoms at this time the Popes Politicians were got into the Parl Army under the name of Independents from which the King fled to the Scots The King being fallen into the Covenanters hands viz. the Scottish Army the Parl made speedy and seasonable applications to him at Newcastle offering to him Articles of agreement which news was forthwith carried to Rome whereupon the Pope and the Conclave of Rome were inforced to look about and change their designes projecting new wayes by contrary proceedings to effect one and the same end for whereas they had given order to the Catholiques in Ireland before to yield all assistance to the King against the Parl Seeing now the King was under the Parl power least he and his Parl should agree and so England and Ireland be lost the Pope played aforehand game sending his Army into Ireland commanding at this time all the Cathol quests renounce their allegiance to the King of England and from that day forward the Pope and all the Romish Politicians projected how to destroy both King and Parl and destroy the Reformation by the Covenanters so far carried on both in England and Scotland The task was hard at first view to destroy a Religious Parliament a victorious Army and an able pious and zealous Clergy was no small piece of work The Romish politicions therefore were inforced to fly to their last refuge of Hypocrisie and lies and like Euphrates Frog to change both shape and colour using the violent motion of Frogs from one extream to another from the extream of Tyranny to the extream of Anarchy from the extream of holy Orders to the extream of no ordination In plain tearms the Pope and his Counsel perceiving there was no probable way to get a Toleration for Catholicks in the Kingdom of England if the King Lords and Commons agreed consulted how to throw down King Lord and Commons and Assembly of Divines together with the Protestant Ministery That the chief Engines to effect this might be placed here in England and have sure footing free from the power of the Magistrates corrective and coercive power Independency was set up which five valiant Champions of the Popes had defended in the Assembly as long as they could and being there able to stand against truth no longer like Serpents hissed for all the viperous brood of Sectarious blasphemers or any Sect to creep into their bellies Hereby Independencie that bottomlesse pit and Independent congregations the very plot designed to destroy Religion in the Nethetlands by the Pope first enacted there by Hugh Peters the Popes hyerling became as so many nurceries of Jesuite and Popish Priests and so many dens of Theeves where they framed all their picklocks opinions and devilish destructive instruments to ruin the Magistracy and the Ministery For the propagating and facilitating of this design the chief of the Romish Politicians in Europe were sent to England where they all went under the name of dissenting brethren Independents tender consciens-men and great Enemies to Antichrist crying down with Antichrist calling the Pope Anti-Christ not that they thought so but that they might hereby carry an their design of throwing down the protestant Ministery undiscovered for this to this day is their great and chief argument The Pope is Anti-christ that 's true Antichrist making Bishops Bishops are Antichristian that in some sortis true also Antichristian Bishops making and ordaining Ministers Ministers of England are Antichristians Ergo down with the Ministery of England down with these black-coats down with Baals Priests down with them there is the design and there is the end of all They onely use the Argument to put in practice the conclusion they that presse the Argument and first framed it were far from thinking the Pope to be Antichrist or Prelatical Bishop eithe onely it was framed to destroy the Covenanteeres Ministery who abhor the Pope and long since renounced him and his adherents If it be well observed Indepency was but the wooden horse with a thousand Heresies in his belly brought into the Kingdom of England by the Romish Politicians and let forth as so many furies to sly in the face of the reformed Religion For he that views the Heresies of late sprung up amongst us cannot but see that against every one of the Assemblies 33. Articles they raised contrary Heresies and could the silly English Sectarians of their own heads without the help of Jesuits and Romish Casuists do all this 't is folly to think it The late Heretical Arguments are taken out of Cas●sts how subtilly did they devise liberty of conscience meerly to get free from the Magistrate and how vehemently did they preach peace for love and meeknesse and admonishing on e another in love and being tender of giving offence to tender cousciences whereas we plainly see they had war and murther and malice in their hearts onely thereby they Iull'd asleep secure and bleer-eyed Protestants who suffered these cheates to pick their pockets while they heard them cry Gentlemen look to your purses they cried out beware of Antichrist who brough him in be good to tender consciences while they carried under their sheeps cloathing the wolves teeth to wound tender consciences withall To tell how these subtilly crept into the Army who nourished and upheld them there would be too tedious Our end i● to shew that the setting up of Indepency was the Popes design to throw down the Covenanting party in England and those that opposed the Popish Religion Out of this bottomlesse pit came all that party which first taught Rebellion against the higher powers from the dens of Independensie arose that party that lest off the Covenant professed open hatred to it and them that took it with an intent to keep it That party that raised those Heresies against the true Religion having now got power put them in practice against true Religion They that held the opinion of being free from Magistracie under the Gospel now made themselves free They that held Magistrates Tyran's ●ow having got power used them as Tyrants these guifted brethren wete now high in the Army The chief men that were aimed at were those that stood most stoutly to their Covena●t The chief Protestants both in the House of Lords the House of Common and in the C●●● of London were the men shot at impeached imprisoned persecuted banished and some 't is to be feared poisoned This party laid hold of the King imprisoned him and when the two Houses of Lords and Commons sate freely and voted a Treaty with the King and when the King had agreed to extirpate Popery and establish the Protestant Religion in his three Kingdoms and to fettle Church-Government according to the primitive constitution and when upon a free and serious debate the Lords and Commons voted the concessions of the King to be a ground