be resisted Q. But is not this contrary to Rom. 13 R. Truly ' tâ—s very observable that that Chapter should be sent to that people which are the only opposers of Civil Magistrates but the meanâ—â—g is that none may resist Gods Ordinance a people may resist all but the Oâ—dinance now no Tyranny is Gods Ordinance there is no such authority if I be bound not to resist authority 't is a good plea to say there is no such authority therefore all Tyranny is resistable and that is but to resist the violation of the Ordinance if a King would kill any man against Law there is no question but he may resist to save his life for self-preservation is by the Law of Nature for when I can have no Justice the Law makes me a Judg in my own case as if a thief set upon me to rob me I may kill him because there is no justice neer to help me so if the highest Court in any Kingdom would kil the Kingdom they may kil and dissolve that Court because otherwise they can have no justice upon it for no man can give away the right of defending his life until he hath forfeited it I assure you if Kings and Governors be cast at the Bar of Reason the Scripture wil never relieve them for God and Reason never differ but in metaphysicks Did ever God impower any man to do injustice or to erect a Court to inslave their brethren Shal not the Judg of all the earth do right God fâ—rbid the end of Governors is justice safety and protection which must not be lost to preserve forms or private priviledges which must never stand in competition with Salus Substances must not be lost for formalities Justice must be done God commands it if the Commanders wil not do it the people must have a care of the main is a good Proverb the main of all is to prefer the main I speak all this while when Governors act apparently against their Commssiions and the safety of the people he is a Tyrant whom all the people shal call so and that supream Court is Tyrannical of whom all the people shal say so which is hard to imagine of any general convention for it is not possible to vassalize the people but themselves must likewise be inslaved Quest But if in such cases blood be shed who shall be said to be guilty of it Resp The neglective Magistrate is guilty of all following exorbitances and extravagancies he breaks the peace that constrains me to break it for my own preservation nothing is more lawlesse then that Law that would endanger the Publique welfare not the Actor but the Enâ—orcer rebels against right reason and ought to suffer for double enforcing and accusing Quest But which is better of an Anarchy or a Tyranny Resp I have read much for satisfaction in that particular and truly I conceive it farre better to have no Government at all then a Tyrannicall one as being better to have no Governours then to misse of the end of Government which is the peoples good I agree it better to have continuall sore eyes then to be stark blind and that is no good cure for the tooth-ach to pluck out all the teeth but the principals of common Justice and honesty are still remaining in every man though much defaced yet not quite obliterated and that which is sufficient to condemn the Gentiles would be a better light to the people then to give absolute obedience to the will of a Tyrant for what difference is there between being governed by the Devill and a man that is possessed with the Devill if there were no Governours in a Kingdome but every one stood upon his guard if a man were foiled at one time he might get the better at another if to day he were grieved to morrow he may be relieved and no man durst kill for fear of being killed for who is so strong but may meet with his match therefore lesse mischiefe certainly to have it so then a perpetuall slavery Obj. But it will be objected that Magistrates are but in a dangerous condition if the people upon every discontent shall be mutinous and quarellous and upon a supposition of injustice done presently take armes to destroy Governours and Government Resp Indeed this is diligently to be pondered and this I take clearly to be the minde of God that in Kingdomes and States well setled many Acts of Injustice are to be suffered without resistance and to bee past by insensibly In a great building a stone that is ill placed must not be removed certainly when God commanded obedience to Kings he considered that they were passionate men with like affections and would have Favourites as others As sufferance is counted by the Papists the highest point of merit so certainly sufferance is the greatest wisdome to prevent a greater sufferance in matters which are sufferable and I could be content to loose any thing but my Conscieâ—ce and Liberty and specially for Christians to suffer in matters of common Iustice and the things of this world truly I should highly commend it because their Kingdome is not of this world the losse of a Christians outward estate is not the losse of his inward comforts nor is every cruell Government Tyrannicall it is much better to suffer much under the gracious influence of Iupiter and Venus then to live as Vulturs and Cormorants under malignant Saturn and Mars like Cannibals feeding upon one anothers bloud If I knew that my Father would come into my chamber and beat me for nothing I would not resist him but if I were perswaded that he were resolved to kill me then I should defend my selfe and if it should come to that sad strait that I must be killed or kill though possibly my affection might chuse rather to lose my own life then to be the death of him that gave it me yet my judgement would prompt that it is selâ—e murder in me to betray my own life when I may preserve it and though I should esteem my selfe most unhappy and rather wish that hand that did it had been cut off yet not dispaire because it was against my intention and my will If I were asked who was the most unfeigned lover of his Countrey and the Kingdoms best friend I should answer in two things He that is most forward to go wayes which are dangerous to himselfe and safe to his Countrey whereby I exclude Neuters that will be sure to sleep in a whole skin 't is not the Innocent Sheeps skin but the Foxes skins when the King of Sweden approached Frankford the Citizens sent to him that they might be Neutrall till their Faire was past what sayes he Are your Faires dearer to you then your Consciences by Solons Law Neuters were to be hanged 2. He that is content to suffer when his private sufferings may conduce to the Publike good for every English man is a member of the body Politick and what is
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
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
heaven on their sides so far they will prevail against all the world of opposers and no further what will any rationall man be afraid of him that draws his sword in his defence Put the case that I. S. and his followers travelling through a dangerous Forrest meeting with I. D. and his servants should intreat I. D. to draw his sword for all their defences who does so and meeting with such as would rob them I. D. and his friends most manfully and valiantly make good every passage by killing many till they are past the most dangerous place then sayes I. S. now pray thee I. D. put up thy sword nay says he there may be more wolves yet â—uickly start out of the wood let 's stand upon our guard till we be past all danger and discoursing they differ by the way in matters of opinion and some of I. S. party tels him that he is not fit to live in a Common wealth let him change that opinion or he must be opposed pray sayes I. D. since our way lies together let us journey lovingly let us live and blesse God that hath preserved us all sayes one of I. D. friends better our lives had not been preserved then to be saved by such dangerous fellows as you are I intend this Treatise wholy for the Readers brain in point of explication little to his affection in point of application but let no man be so grosely erroneous as to say that the Army is Anti-magistraticall and Anti-parliamentary what ayme can a House of Commons have but the common good The Parliament being intent to the true ends and noble grounds of their raising Forces and the Army wholy minding the reasons of their ingaging and both sincerely really and constantly the Parliament as the supreame Councell of the Kingdom and their Army as the servants of Justice endeavouring a speedy accomplishing of the most honourable and glorious ends viz. the just rights of the King just priviledges of the Parliament and just liberties of the subjects common safety just liberty and equitable propriety to which the Armies proceedings have a naturall tendencie and proclivity as the stone to fall downwards 't is impossible any differenc should arise Counsell is the right hand of Policy and the sword is the left which may assist and promote without any face of opposition the truth is that there are some whose private interests are contrary to the publique interest of this Kingdom they are the troublers of the pure waters that the people should not drinke they trouble and disquiet the fountain and then the streams must needs run muddy they are men of the same spirits from whence the miseries of this Kingdom did at the first flow that is obstructers of the free course of Religion and Justice and consequently the obstructers of poore Irelands reliefe But who must be Judges of the matters in agitation Truly the Parliament in all matters judiciall we must have no Judge of Scripture but it selfe that point of Popery hath cost us deare we must not light a candle to see whether it be day who knowes not that every man ought to have his own without vexatious attendance and that it is injustice to make a man spend 10 lib. to recover 5 lib. who shall judge whether those that have saved the Kingdom ought to have the liberty of subjects who knows not but that Petitioning is a way of peace and submission and that for Christians to meet in private to serve God is no breach of the peace The Lord grant that this Parliament by the help of the Army may be the setlers and the restorers of this divided Kingdome the neck-breakers of all oppressions in soules bodies and estates the repairers and relievers of poor Ireland which was formerly called the Island of Saints Another Objection is that the Armies not disbanding obstructs the reliefe and indangers the losse of dying Ireland Ah poore Ireland my soule is much troubled for thee I knew thee not long since Englands younger sister but thou art now the land of Ire but he that runs out to quench the fire in his neighbours house when his own is almost burnt I shall rather admire his zeale then commend his discretion I confesse poore Ireland is on such a flame that nothing but Gods infinite blessing upon the wisdome and endeavour of this Parliament can be able to quench it but English liberties which have been bought at so deere a rate must first be setled and secured The Army declared their resolutions to have ingaged in that service in one entire body which was not thought convenient if then the Army were hindered by any plot or contrivement from going thither not they but the hinderers are culpable of Irelands continued miseries but as the Army hath ever been observant to all the just commands and orders of Parliament so I hope that if hereafter they shall ingage in that service they will be well satisfied in point of conscience what it is that they fight for It is possible that Antichrist with his left hand may fight against his right To fight against Popery further then it is destructive of State policie to introduce a uniformity in the Protestant Religion is in my opinion little better but if it be to bring those bloud-thirsty Rebels to condigne punishment and not to spare a man that hath had his hand in bloud so far it is of God and he will own it but for those expressions which some pulpits ring of of rooting out that Nation and dashing the little childrens bones against the stones I confesse it makes my heart to tremble to thinke of it but those that will not submit to a generall Government must be destroyed Object But we feare the Army will over-awe the Parliament and Counsels not free stand but for Cyphers and that Justice it self may not be forced but timely hastned Sol. 1. The Parliament hath answered this Objection in his Majesties Case The King sayes they refuse to treat unlesse wee deliver the Sword into his hands which is to yield the question when any differences arise all things must rest as they are untill all be determined and concluded 2 Inforcements are just when just things are inforced the sword is a servant of Justice and is never better employed That which the Hollanders alledge for themselves is universally true if a Magistrate will not do justice the Laws mayn intention for justice must not be lost and King Philip not doing them justice was the Authour of all the mischiefs that hapned Rebellion is not to obey a lawfull Magistrate in a lawfull Act not contrary to the Laws of God or Nature besides which all Laws are Arbitrary by the Supreame Court of every Kingdome If the Army shall entreat any unjust things as the Sun may be in an Eclipse Never were any just Rulers destroyed by force there was a rising against David and great stirs in Edward the sixth's and Queen Elisabeths time but quickly
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
have ever been most thankful to those whose favor hath been their quickning spirit 't is pity any man should be undone for his ingenuity and though the Law be rather politick then moral yet I wish repentance may be expiatory so far as Salus be not indangered O but says one all the great Lawyers followed the King Not so neither I am sure the politick Lawyer stayd behind Ambition and Avarice make many a man argue against their own liberties how many men in the world are content to be slaves to some few that millions may be in servility to them it being demanded in a Counsel why so many there present should be of opinion that the Pope was above the Counsel it being against themselves Honest Verideus said the answer was easie because the Pope had so many Cardinals caps fat Bishopricks and rich Offices to bestow and the Counsel had none at their disposing The Bishops preached at Court to advance Prerogative above Law saying my Lord the King is like an Angel of light now Angels all accountable to God only that the King is Iure Divino and are subordinate Officers Iure humano whereas the Apostle calls Kings a humane Ordinance and there is not a man in the Army from the most noble General to the lowest Officer but is as much Iure Divino as the Kings Maiesty or the so much desired Presbytery That David never offended against Vriah for he saith against thee thee only O Lord have I offended giving the reason that Bathsheba was his subiect and that a man may do what he wil with his own and that his Majesty was to repent of any oath that he had made for doing Iustice for being intrusted by God the oaths are voyd Poenitenda presumptio non perficienda promissio The Iudges in like manner say that the King is a speaking Law and carries all the Laws in his breast and might call Parliaments and dissolve them at his own pleasure which if it were so what a foolish thing was it to send for Writs and trouble the Counties with such Iudibrious Elections like him that in the beginning of his Will devised 20000 l. to his wife but in the latter end for divers good causes and considerations him thereunto moving revoked the said Legacy and left her nothing When Iezabel had a mind to Naboths Vineyard it was no hard matter to get Iudges to declare the right against the subiect In dark times of Popery how easie was it for Princes to prefer such men to great places that would be Instruments to execute what ever they would have to be done but I have better thoughts of the present times for now judicial places are wel got and by consequence wel used I dare say there are not more honest men the number considered the of any profession in the world then are toward Law in this Kingdom and the Subjects would quickly find their usefulness to the state were there but one good statute to cut off at one blow all unnecessary delays in matters of Justice Root and Branch which are far more hurtful to the Kingdom then ever Bishops were which God and the Parliament grant The Emperor having a mind to a Subiects horse said all is mine therefore this horse is mine the 2 great Civilians Bartolus and Baldus were retained one for the King said the property of all goods belongs to the Emperor for he that may command the lives may command the goods of his Subiects and the usufruict and possession only is the Subiects the other Lawyer said for the Subiects that the property is in the Subiect and dominion only in the King according to Law the Chancellor being Judg said all is the Emperors who gave the horse to his Counsel and told the Subiects Councel he should never be a Iudg so long as he continued of that opinion but let no man obiect that I seem to asperse those learned Iudges which are at rest I honor the memory of all good Common-wealths-men and my opinion of them is that according to the Delatory forms of proceedings they were good Iustices between party and party but when the Kings Prerogative and the Subiects liberty came in Competition I affirm it confidently that all Iudgments have not been according to right reason witness the case of the Shipmony Knight-hood money Tunage Poundage and Monopolies of all sorts which they did not declare illegal And how many Gallant worthys have they suffered to live or dye in Prison whom they ought to have set at liberty by Habeas corpus And he that looks into matters with a single eye may easily discern that the Fountains from whence these late streams of blood have issued were no other but the pride of the Bishops a Generation who hated to be reformed therefore justly abolished and the pusillanimity and cowardice of the Iudges for if the Bishops had been indulgent to honest people and not Lorded it over the Lords inheritance poor souls they would have been content to have suffered much for quietness sake might they have but had the freedom of their Consciences in a peaceable manner and the Judges been couragious to have executed impartial Justice between the King and Courtiers and the Subiect and in doubtful matter to have inclined to Liberty the sword had never been unsheathed And for these present Reverend Judges I have Honorable thoughts of them but this I must say else I should be a Traytor to my Country that they tye themselves too much to old forms and in Courting the shadow of formalities and conserving the course of their Court they neglect the substance of morall Justice in not helping speedily every man to his due when the matter comes fairly before them for I must live and dye upon it that he doth not deserve the name of a good Judg that when the right appears to the Court doth not help the party to it beleeve it there is not so great an enemy to the Liberty of the Subject as this over-doting upon old forms as if the Ceremonial Law of the Jews were to be revived in the Common Laws of England If a Judg or Chancellor 300 years ago delivered an Erronious opinion this must bind us because he said so and so if one Judg once err this Kingdom must be undone perpetually because the Law is so Right reason is the wise mans president where Judges are learned and solid what need they search for Presidents And why may not we make Presidents for others as wel as they for us I never yet knew a politique Judg in England that considering the end of the Law is to speedy justice would dispence with writs to do right lose formalities to find essentials twelve Such politique Judges would quickly make the Kingdom happy for moral justice Taxes we see are multiplied in all Countries but what way is there to make the Kingdom amends for all the precious blood and treasure that hath been spilt and expended Truly one Ordinance
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
God is a King in heaven alas Mr. Jenkins speaketh too meanly and lowly of the Kings prerogative both in those Incommunicable Excellencies of Infinitness and divine perfection as also his Majesties power and perpetuity that by a non obstante he may dispence with a statute Law a pure invention to set the King above the Law I thought thus that seldom did any man refuse to be a Bishop or a Judg and when I read those cases that it hath been often adiudged that the King could do wrong I conceive the meaning is that the King should do no wrong a letter wil much alter the case for I find that when smal offences and trespasses are not punish't a reason rendred that the Law regards not smal things the book to warrant it carrys the sense that the Law reckons not the minuts and the odd hours which make the Leap year and I find Mr. Jâ—nkins though certainly a man deeply learned in Law Cases and in the Histoâ—ical part of the laws I wish he had so wel studied the end of Government which is the welfare of the people vouching Authorities by the halfs for where he says that Bracton says the King hath no superior or equal but God he omits what the book adds unless it be the Lords and Commons in Parliament and so a man might as wel argue that our blessed Savior said hang all the Law and the Prophets because he said upon these two Commandments hang all the Law and the Prophets When I read that the King may pardon murder specially if the word murder be not in the pardon I find it contrary to Scripture and therefore take it to be no Law and when I read that the King by his Prerogative may make a 20. s. piece by Proclamation to go currant for 40. s. or to be worth but 6. d. I conceive this to be against reason and so against Law worse then that abominable project of brass money as the Honorable Commons were pleased to call it for if I have 20. s. in my pocket and the King may proclaim this to be worth but 6. d. then may he take 19. s. and 6. d. from me and then where is the liberty of the Subjects Therefore I conceive that the Kings Prerogative in moneys is for the wel ballancing of trade and equallity of exchanges between us and other Nations in case that other Forraign Kingdoms or states should inhanse or debase their moneys the King may do the like for the good of this Kingdom that our moneys be not exhausted and drawn out of the Kingdom if it should be much dearer here then there but the purest fallacy that I have met with is that how can the Parliament grant a pardon to others when themselves sent to the King to New-castle for a pardon as if a General pardon which is usually granted at the end of every Parliament should prove the Parliament men guilty of all the offences thereby pardoned A general pardon which is in effect as an act of Oblivion supposes no particular man guilty but tollit reatum quoad mundum but a special pardon pre-supposes the offence and must be pleaded and so reason speaks it out that the King hath no Prerogative whereby to hurt the people but wholly for their good save only in matters of honor and pleasure and in a favourable construction of his Grants to be construed according to his intention and not deception which Priviledg every Subject in reason ought to enjoy and I wish heartily that his Majesty may enjoy all his ancient and undoubted Royalties and Prerogatives that are according to Scripture and right reason besides which there is nothing that can judg between a Prince and his people but the sword and let his Majesties Honor be superior by many stories then it was for the preservation of the Kingdom in all things not injurious to the Subject which his Majestie saies is all that he desires and God forbid he should have any less but let him not have power to hurt his Subjects for he that by Law may do so though he were the best man living yet he is a Potential Tyrant and his Subiects may fear him but they can never love him and the conceit of such a power is enough to spoyl the best Prince living I know some Hispanialized Courtiers and Common Lawyers that having rested in the Letter of the Law not looking into the true meaning of it have made his Maiesty beleeve that the Parliament have done him wrong and taken away his Forts and Castles from him What reason can Mr Jenkins or any man give why the King may not as wel command all the money in the Kingdom as all the strength in the Kingdom or all the horses in the Kingdom in order to the Militia As the Pope commands temporals in order to spirituals for money is the sinew of War Whereas his Maiesty was never intrusted by the people against themselvs but against forraign forces and that I take to be the meaning of the Oath of Supreamacy which was intended against the Pope that the Pope is in no sort head of the Church other meaning I know none in a spiritual way but civilly and so it was declared by that gracious Queen Elizabeth about the 13. year of her raign which is or ought to be printed For did ever any rational people put the sword into the hands of any man to have the point of it turned against themselves that 1 Sam. 8. proves that Kings are to fight the peoples battels not the people to fight their quarrels and if it be obiected that the King never intended to hurt the subiect with their own sword I answer that that is all one if the people say otherwise for they must iudg because al the people cannot meet together therfore the Parliament must judg for not to argue the point concerning the power of the Militia which is but to argue whether a man be bound to kil himself Put the case there were 20. men travelling together in a dangerous wilderness they intrust one as a Captain to carry the sword to defend them against all assaults coÌ„mand them in order to their best safety and make him Governor at last they are of opinion that this Cap. intends to betray them they intreat him to redeliver the sword he promises to be faithful to them now in this case if there were no apparent ground of jealousie and distrust the 19. are to be blamed for their levity disloyalty but yet this Governor is bound in justice and common honesty to restore the sword and not to make a war against the 19. to reduce them to obedience for if they wil be destroyed who can help it God doth not save any man against his wil but of unwilling makes him willing nor must a Kingdom be saved against their wils a Prince is not to lead his people by their noses but to open their eyes to see their own
good for the whole he must conclude to be good for him 't is true those that will not execute justice deserve to be executed themselves but consider whether sufferance or resistance conduce most to the common good There are some Scriptures which seem I confesse to be contradictory We reade in the Book of Ioshua and Iudges how a suspition of Idolatry causes Israel to assemble to warres against Reuben and Manaâ—seth and against Benjamin for the Levites Concubâ—nes all rising as one man saying Deliver us the children of Beliall and Jonah was cast out of the ship that would have been the wrack of them all David took up armes against Saul in his own Kingdome his King his Master as in his house and of his Table and Family fled to Sauls Enemy to Akish and offered to second him against Saul fortifyed Ketlah one of his Towns against him and if Saul had stopt the Cave to have pined him doubtlesse he wouâ—d have used means to get out and yet God was his Counsellor by discovering the Princes of Keilah their intentions and the people cryed all with one voyce Jonathan shall not die for the good he hath done to our Countrey and the Scripture speaks plainly that tribute is to be paid so farre as the subjects may pay tribute to God for this cause pay we tribute I give such reverence to the holy Scriptures that when I finde a president for which I doe not understand the reason I conceive there was a reason for it in those times which is now absolete things were done by speciall inspi ation which are not exemplary to us nor may we judge where the Scripture is silent whether it was well or ill done but I am clearly of opinion that in a Kingdome well composed if one man or 100 men should suffer in the Kingdome that the subjects ought not to take up armes suddenly to right themselves but expect with patience till the Authors and procurors of injustice be brought to condign punishment for when an evill in State Policy cannot be removed without the manifest danger of a greater to succeed wisedome must give place to necessity which all Kingdomes must make use of ordinarily and people must studdy when the best manner of Government is not possible without great danger to be obtained to make the best of the preâ—ent when the best things are not possible to make the best o those that are as we say to make the best of an ill game and not to throw it up and say they will play no more 't is not the part of a faire Gamster so to doe when all things are quiet in a Kingdome then consider how that which must be endured may be mitigated and the inconveniences countervailed but if the State collective in the whole body of it or the State contract in a Parliament or Senate shall upon good grounds conceive that the point of that sword which they put into the hands of their Governours to protect them is by evill advise turned against themselves in this case clearly the sword must be wrested out of the Trustees hands if the Master and the Mate be drunk all the Passengers must save themselves if the Dogs will not bark the Geese will cry when the Gaules are scaling the Capitoll for no inconvenience can be greater and this was the Parliaments case for raising Forces they wisely considered before they Voted any Army that in that condition the Kingdome stood the remedy could not possibly be worse then the disease for the disease was the utter subversion of Lawes and Liberties and the destruction of the Protestant Religion at least in the power of it for truly to speak my thoughts freely I doe not think that the difference between the late Oxford Party and the Parliament was whether we should be Protestants or Papists but whether we should be formall Protestants at large or Professors in the power of Religion and God grant that this may no longer be the Controversy in this Nation But because tediousnesse and delay has ever been an enemy to this Kingdome I shall say no more in a subject that has been so much controverted concerning the late unhappy differences but shall apply my selfe to the present juncture and first concerning the Army 1 Pet. 3.15 BLessed Peter bids Christians to be ready to make an Apology for their faith but truly there needs no Apology for the Army unlesse it be for their too much patience in suffering the Kingdome and themselves to be so long abused bysome Incendaries of State who care not to set all on fire to warm themselves For had they come to the Houses the next day after they were declared Enemies and demanded Iustice against the cheife Promoters and Contrivers thereof it had been most just by the Lawes of God and man and I am confident that there was never any former Army in the world but would have done it That such Gallant men which have kept some of the cheife Contrivers heads upon their shoulders for an humble Petition presented to their Noble Generall which all Souldiers by the Law of Armes may doe should be voted enemies and disturbers for that which since hath been acknowledged to be but just was the most monstrous ingratitude that ever was heard of under the Sun since the first moment of its Creation and sure they durst not so justly have provoked them but that they knew they were acted by more noble principalls that though they had the sword in their hand yet they durst not offend God Religion being to them the strongest bridle But whom God will destroy for their great Provocations he first dementates they have rejected the Counsell of God and what wisedome is there in them Policy is a branch of wisedome and all wisedome is from God but this I must premise that that Declaration was not in judgement of Law any Act of the Honourable House for the most Honourable Houses being the Protectors of our Lawes the Preserveâ—s Surveyers and Defenders of all our lawfull Liberties and the Haven and Refuge of all that are oppressed it cannot possibly bee imagined that they in their great wisedomes should unlesse misinfoâ—med vote them enemies to the State and disturbers of the Peace thereof which with the adventure of their lives have saved the Kingdome and preserved the Peace thereof I say under favour we can no more imagine it then wee can the Sea to be poysoned but it was in Law a Declaration of their malevolent intentions who exceedingly mis-informed and seduced and did what in them lay to poyson the very fountain of Iustice who suddenly contrived it in an illegall way against expresse order at an unparliamentary hour and so a meer nullity rather a Nocturnall surprise then a solemn act of Consultation Livery and Seisin made in the night is void if a man be rob'd in the night there is no reliefe for him it being no time for travell no distresse can be taken for
not intend to argue it but to the former question can the sword be better imployed then to defend good Christians what injury hath the Gospel of grace done to this Kingdom this 100 years that all men should not venture their lives to maintaine it if any should unjustly goe about to deprive us of it but did not the Christians in primitive times suffer Martyrdome T is true Christ Jesus had newly suffered and â—od would have the first seeds of Religion watered with bloud and Religion then was but a novelty and in its infancy children are subject to be abused by every one which being of age will defend themselves but for a considerable number of men to fly or suffer death is rather to be sheep then men does Religion overthrow nature That example of the Theban Leaguer under Maximilian was mistaken by Tertullian for the Christians were dispersed and knew not their own strength and that Saint Maurice had 5000 in Armes and would not fight against the King of Thebans is not reported by any credible Author but that 20000 Christians were martyred on Christmas Day under Diocletian possibly it may be so and so it was in Paris at the S. Bartholomew 1575. ten thousand Protestants massacred But all these Arrowes fall short of the mark whereat they are shot 'T is certainly more valour and Religion to fight for the maintenance of the true Religion establisht by a Law then to suffer patiently active Martyrdome in such a case is better then passive and this is no Hostility they begin no warre they provoke not the persecutors may have peace when they please let them not strike and give assurance of it to those which are in Armes for their Religion and they will lay down Armes presently as the French Protestants told their Kings Will the Cardinalls suffer an hereticall Pope as they call heresy no will the Bishops suffer hereticall Cardinalls no will the Priests suffer hereticall Priests no will the common Papists suffer hereticall Bishops no do wee not defend against God himself by physick and by food against sicknesse If a man have a sword in his hand 't is absurd to tell a Theife of Law and Iustice but fall upon him Constantine fought against Licinius in Palestine and made him give Liberty to the Christians to stand by and suffer a brother to bee killed is worse then the Murtherer for the one may be through choler and the violence of a temptation but not to help my brother argues a base spirit and is it not fratricide in me not to seek for justice upon him that hath kil'd my brother I fear the death of Barrow and Greenwood c. lay heavie upon some who might have opposed the Bishops What must the pillars of justice and truth be shaken for Uniformity must rights be invaded and violated for Formes and Ceremonies tell mee thou Beleeving soule does thy Religion consist in an ocular beauty and out-side uniformity or in a reall love and inward conformity to the Lawes of Christ is thy soule at rest in the enjoyment of thy God in the face of Christ and dost thou vex and disquiet thy selfe at Formes and shadowes dost thou persecute thy poore brethren partakers of the like precious faith with thy selfe imprison his body and vex his righteous soule because his eye-sight possibly is not so clear as thine and yet pretend that Conscience is not enforced but only the outward man and so mock and jeere at the calamity of thy brother who possibly hath greater enjoyments of God and lives more by faith and lesse by sence then thy selfe but sayes one may not God sanctifie this way to reclaime him from his errour must it bee an errour because thou sayst so and if it be so wilt thou bee unjust because I am erronious I pray thee which is the greatest sinne the manner of Gods worship is no matter of justice many Christians doe not meet in the publick places having been consecrated to Idolatrous uses and there was no naturall use for them and are not satisfied when I tell them that by the same reason they may not worship in this Kingdom because dedicated to S. George nor upon any day in the week every day having been dedicated to some Saint or other it satisfies them not for of the dayes and times there is a naturall necessity but none for the places and grounds which by speciall command were to be abolished for my one part I conceive this to be an errour but may any man therefore violate justice the queen of morall vertues the supporter of Thrones and States and commit palpable injustice the quean of vices and supplanter of States and Kingdomes by invading these mens houses which are by law their Castles and offer violence to their persons who are praying for the Magistrate that under him they may live godly and quiet lives and destroy all civill and naturall relations haling the poore husband from his wife to a prison and punishing the innocent wife and children who are not erroneous for the husbands errour if this bee not injustice there was never any done under the cope of Heaven Can it be for the publick good to imprison a man because he will not sin therefore can this Kingdome be happy without such a Liberty of Conscience and is it likely to bee obtained if this Army were disbanded speak plainly did not persecution come on like an armed man would not cruell persecutors and Oppressors have had if they might the same power over Gods people as the Romans had over their slaves if they spared it was a courtesie had not every man in the Army the next day after their disbanding been in the same condition for his Conscience as the Papists are if these men might have had their wils upon them And are not some which have ventured their lives against Popery and Tyranny indited upon the Statutes of Recusants which were made to distinguish betweene the Iesuited practising Papist and the peaceable Recusant who till the eleventh yeare of the Queene repaired constantly to our Churches and after fearing least the Papists should bee too rich the wisedome of State imposed a penalty upon them of twenty pound a Moneth for their absenting from Church and what comminations have there lately beene to proceed against poore Christians upon the Statutes of Heresy made in time of Popery against the Lollards which were Protestants and Wickliffes followers one of our protomartyrs of England truly Superstition is an unreasonable thing such bloody opinions prove the Authors to bee rather beasts then men Honest faithfull men because they cannot in all things come up and conform to the opinion of some Prelaticall spirits must be denyed the liberty to breathe and civill cohabitation or if that favour be obtayned they must be made hewers of wood and drawers of water as if the ten Tribes should have been slaves to the Gibeonites nay worse then slaves their very Oxen to plough for them and
Majesty we shal use all dutiful means to procure Your Royal Assent but if You still refuse we mst not sit still and see our selves ruined we must save the Kingdom without Your Consent though we hope not against it But then saith the Obiector where is the Kings power I answer nothing at all diminished his Maiesty hath more power then he can imagine for the preservation and happiness of the Kingdom which is the end of all Superiority but nothing for the destruction and desolation of the people we say God is omnipotent and yet he cannot sin nor do any iniustice shal we say that the Kings power is diminished because he may not hurt the people or that a man is less in health becaus he hath many Physitians to attend him nothing less for 't is impotence and weakness to do hurt and iniury but the King is impowred for the good of the people true but he may not say that is for the Kingdoms good which they say is for their hurt what I do for my own good I may undo Methinks this should satisfie every noble Prince let my Subjects in Parliament propound what Laws they please for their own security 't is a great ease to me if the Laws be not good they may thank themselves if they be good the honor is mine my consent being as the Master-builder that gives the form and life to the Architecture and if the Subiect suffers I cannot be blamed but if the contrary should be Law what miserable things were Subiects who wil trust his own father with his life And who can be merry if a King or Governor may divide his head from his body or him from his dearest relations by imprisonment or otherwise when he pleaseth but here lies the root of all our misery we take all for gold that glisters every thing to be reason that looks like it and every case to be Law which we find written in our Law books whereas Law is reason adiudged in a Court of Record where reason is the Genus the Court makes the difference from extraiuditial discours which may be rationally yet is not legally iust if it be not reason the pronunciation of 10000. Judges cannot make it Law no more then the Venetian Madonnas can by their huge high heels in reality add one Cubit to their stature as for example 't is a Max me in Law that the King can do no wrong therefore if he kill or ravish 't is neither Murder nor Felony I say 't is against reason therefore against Law for if the King may kill one man he may kill one hundred and what Courtier dare give any faithful advice when the King may without controul kill him or strangle him and so not be guilty of blood as the grand Turk that having promised to spare a mans blood caused him to be strangled and so shed no blood or something like the case of the Duke of Glocester by King H. 7. this was acknowledged by the Tyrant who having a mind to kill his brother his Chancellor told him he might not by Law commit Fratricide but saith he is there not a Law that I may do what I please and let but Mr Jenkins answer whether those Judges whose Authorities he vouches were not of opinion that whatsoever the King did it is in Law no offence and then all that he hath written or can write against the Parlâ—ament wil not bear the weight of a feather and I humbly intreat all indifferent men that read books more for satisfaction then a desire to contend for any party but to answer me this question Why should there be any more credit given to the opinion and authorities of the Judges specially such as payd dear for their places in matters of difference between the King and his Subjects in point of property then there was to the Bishops for matter of Divinity were they not both the Kings creatures alike Was it the way of preferment by standing for the liberty of the Subject to get great estates Have not the Iudges in many Countries been the raisers and first founders of great and noble Families And were those estates got by pleading for the liberty of the subject against the Prerogative We know who it was not long since that got a vast estate and thinking to ingratiate himself with his Prince said he was seldom or never of counsel in passing any Pattent but he reserved some starting hole to make it voyd in Law if need were which was as good as an act of Resumption This is the grand Error that subordinate officers are accountable only to the King and the King to God whereas all Judges and Magistrates are intrusted by the people if the people give power to the King to chose them 't is out of a confidence that his Majesty wil nominate such as shal most faithfully serve the peoples good and when Arbitrators are impowred to choose an Vmpire he may be truly said to be chosen by the parties litigant this ruines Justice when men in places of Authority more esteem him that gives them their Commission then the business that they are imployed about when their eyes are more intentively fix't upon the stars of their inclinations who preferred them then upon the publick good of the Kingdom for whose sake they were preferred for when a Magistrate is made great the principal intent and meaning of the Law is not his greatness and honor but to advance publick justice I but says one he is such a mans creature raised by him E vilissimo pulvere must not he requite his love and pleasure his Father No justice is blind and knows neither father nor mother the Judg looks not at the manner of the conveyance of his power how he comes by his Authority but at the matter of his Commission and the true end of Judicature the right understanding of one Scripture 1 Pet. 2.13 14. makes a good Judg the words are plain and being learned for learning is a special gift sanctified for matters of policy and government observes that Kings are a humane Ordinance as wel as Corporations and Societies and concludes that all those Scholastical discourses of Kings being Jure Divino are but tryals of Wit and by Supream he intends that the King is supream to administer the Law not to make Laws much less break them and Governors sent by him are for the punishment of evil doers and for the praise of them that do wel the want of this consideration ruined the Judges in point of ship-money the greatest part whereof were very very learned men Haec est crede mihi cunctorum causa malorum Scripturas Domini non didicisse sacras I know this Error in judgment undid the Lord Keepers Finch and Littleton men of brave spirits had they been for publick liberties Lord Chief Iustice Banks a man profoundly studied And Mr Jenkins being made a Iudg thinks himself bound in honor Junare in verba English men