grievous crimes and miscarriages with his partie not having any thing at all to gainsay the truth of the relation to vilifie and reproach the reporters 5. In sending us to his book we take good notic of it and what he there saith of the rich mercy to the King and his party and from it do observe how extremly he is carried away with vain fancies and publishing idle dreams to the world The Spirit speaketh expresly clearly and with fulness of certainty which evidently demonstrates that in these things he speaks not by the Spirit of God seeing his words fall to the ground In page 19. he begins to take into consideration some grounds laid down in the Remonstrance why the King is not to be received again to peace nor restored to his Office and dignity and promiseth to let them see how much their injustice is against God and themselves in that which they profess for justice 1. Saith he you insist upon this pag. 24. God hath given him so cleerly into your hands to do justice and afterward God hath given a double judgment against him c. and pag. 5. God makes hast to judgment and hath appeared at a severe avendger To this his answer is The King is the greatest sufferer in the kingdom hath God judged him and why wil you not submit to his judgement will ye take it out of Gods hand when did God chasten or judge men then give him to men to chasten again or when did Gods people fall upon punishing after God hath done it is God weary or remisse that you would have men take it into their hands Ans. 1 It is a bad consequence because a man hath bin a great sufferer therefore no more should be inflicted God punished Phaeraoh many wayes and greatly too yet he hardening his heart had afterward heavier sorer and deeper plagues 2. Men in the execution of justice upon offenders take not judgment out of Gods hand but rather indeed are Gods hand in the work 3. When God gave in a witness against Acan that he had troubled Israel howsoever that was a Divine punishment upon him yet did the people afterwards stone him to death and so the Lord turned from the fierceness of his anger 4. What weariness or remisness in executing judgement do men impute to God who having by his providence cast into their hands a principal offender if they according to his desert proceed to justice against him The truth is in his Answer there is not one word that comes directly home to the matter for which he brings it Secondly he saith You argue page 24. no remorse appearing proportionable to the offence if that could be seen you would regard it with a proportionable tenderness towards him Again you say There is no change of heart no repentance no free nor full yeelding to all the parts of a publick and religious interest This he refutes thus Herein you destroy and deny that free mercy of God upon which you have lived a long while manifest that your profession of the Gospel was indeed but in letter not in power God loves first before we can but you must receive good before you can give you know not the heart nor can you judge of the Kings principles they are too high for you If he should turn to you he should be but seven times more the child of the Devil Howsoever Mr. Sedgwick for his own turn takes some broken pieces of the Remonstrance and toucheth not the strength of the matter yet so much he takes out as he cannot answer But to the point 1. It is agreeable to Gospel truth and walking in the power thereof for Saints upon just occasion to lay open the unrighteousness of men and to endeavour that punishment may be inflicted whether it be in an eclesiastical or civil way 2. Observe the loosness of his arguing God loves first What 's the inference therefore offenders as murderers thieves c. ought not to be punished 3. If I see and tast the fruit I can easily discern what the tree is without digging to the root He tells us page 31. The speech sheweth what is within and cites Matth. 12.34 35. hence we may undoubtedly conclude that men apparently and visibly wicked are corrupt and unfound within 4. What the King's principles are which are so mysterious and deep we search not after them his known principles are known to be dangerous and destructive to the Nation he holds them without change or amendment 5. Is Mr. Sedgwick in good earnest and speaks as he thinks that the King should be seven times more the child of the Devil if he should turn to the Army What! in a condition better than they yea seven times better surely then they are very bad In pag. 12. he saith He understands not the utmost of the religion they walk in This seems to make the accusation the more probable but many others lesse prejudiced against the Army and better principled in religion know 't is false and that they are as holy and pure in conversation as he himself howbeit with lesse noise sound not a trumpet before them as the hypocrits do Thirdly He brings in the Remonstrance arguing against the accomodation because there is no equal ballance of affairs page 24. your meaning is saith he as you often express the King's forces are wholly subdued Here he is short Noble enemies require no more but to get their enemies into their power then they shew mercy for this he brings Elisha's example 2 King 6.22 and add how the Lord never brings us down but that he might restore us and lift us up again Ans. 1. It is sometimes so far from commendation to spare an enemy gotten into our hands as that not to do justice upon him exeedingly displeaseth God To omit many instances 't is memorable in Ahab's case what sad tydings the Prophet brought him for letting Benhadad to escape Thus saith the Lord Because thou hast let go out of thy hand a man whom I appointed to utter destruction therefore thy life shall go for his life and thy people for his people 1 King 20.24 So Saul his sparing of Agag when he was in his hands was one cause that the Lord did rend the Kingdom of Israel from him Again what hath been more frequently practised by noble enemies than severity and justice upon such as they have gotten into their power who of all the Kings of Canaan taken in war by Joshua were not afterwards by his appointment put to death So Samuel did Agag and Jehu Ahaziah King of Judah 3. Touching Elisha's example in sparing the Syrians it teacheth us thus much that in our own cause we must render good for evil and if our enemy hunger feed him and from his words to the King of Israel we may gather that men used not to kill such as in the field were taken captives and stood not out in hostility But there is nothing from the place to be
thou thy self a witnesse Saith he We have all this while to justify our selves in this war said that our war was but defensive and if it prove otherwise we must repent of it Answ It is not alwayes a fault to change from a defensive to an offensive way and course A man being set upon by a highway-robber or pirate at sea may at first resolve only his owne safety and yet afterward seek to wound and kill the enemy and justly too To apply this when the war first began betweene the King and Parliament it was unknown to us what murders massacres and spoyles he would commit in and upon the land and people Again his former perfidiousnesse treacheries and destroying plots were not then so publickly and clearly understood as since and therefore no marvail there is a change from defensive to offensive seeing he hath given the cause and so no argument of lightnesse hypocrisie self-ends in persons thus changed Secondly He is large in giving out what was in their mindes when they began the war That the King and His party were wicked men not fit for the places and power they had they were Saints and no body fit to rule but they glad when the Parliment tooke armes thinke themselves the onely true Lords and except the King would become one of their Saints c. Answ It was a reason which Elias layd down why he was willing to die I am no better then my fathers for men eminent in grace gifts office c. to have things laid to their charge which they never knew it hath been practised in all ages Mr. Sedgwick is not the first that hath bent his tongue like a bow against the godly this way Tiberius on a time hearing certaine persons speaking unreverently of Augustus acquainted him therwith to whom Augustus answered let it not trouble you Tiberius that any man speaketh ill of us it is sufficient that no man is able to hurt us Gods presence with and protection for the Army is such as bad tongues cannot hurt them neither darken their splendor and beauty in the eyes of honest and godly people 3. Next he blames them in saying This miserable inconvenience of a Treaty this insnaring Treaty and because they call it a preposterous and self-deserting way pag. 27. And hence he takes occasion to tel them that they have defiled their cause count all their owne because they have fought for it they are no Saints yet he scornes that cause that is subject to ruin and destruction Answ. 1. What is said in the Remonstrance touching this last Personall Treaty is true enough for who but Malignants and Papists were the first contrivers and abetters thereof The Lord Goring in his former intercepted letters could tell us so much that if the King could cudgel the Parliament into a Treaty the King had brought his designe to perfection and t is reported of the King Himself that he should say if such a thing could be brought about then it should not be in the power of men or devils to hinder him from bringing all his designes to his own hearts desire Secondly For men to act for publick rights and to hinder wicked designes is no base and accursed way but an approved path walked in by the Saints in all former ages Thirdly It is not faith but fancie when God gives in meanes and wayes of preservation and safety not to observe the providence in the carefull use of them Fourthly He chargeth them to be of a base and poor spirit and unbecomming Christian Souldiers to speak of persons ingaged the party adhering and to think the King will be revenged on them for their eminent activity against him It is saith he a principle very destructive to continue the disturbance of a nation to save our lives afterward he shewes what he would doe himself in such a case Answ. 1. It is easily observed what is the main drift and scope of his whole dicourse in many pages here together namely a direct crossing and contradiction of Christs counsel Be ye wise as serpents and harmelesse as doves but according to his principle a man cannot be a sheep unlesse he runne himselfe into the lyons mouth nor a dove without falling purposely into the snare Because the Army to the doves innocency joyn the serpents prudence that is seek to avoyd danger so far as lawfully they may hence he cryes out Feare a snare and the pit have taken hold of you I laugh at your destruction and mock when your fear comes you are no Saints you live not in God c. as if a provident care of safety stood not with the fear of God Demosthenis upbraiding the Athenians with improvidence and incircumspection presented to them an innocent fool who being struck on the one cheek laid his hand on the place where he received the blow and being smitten on the other did the like never using either of his hands to defend himself from further blowes Such ideots and blocks Mr. Sedgwick would perswade men to be take blows and stand still and never seek to avoid the stroke though God have put means into their hands and may lawfully escape the danger But Secondly It is a great mistake of Mr. Sedgwick to think that continuance of the Army is destructive to the Kingdom and that their disbanding would be for the peoples peace good welfare he harps often upon this string whereas there is nothing more cleer than the contrary Thirdly For the rest of the answer 't is only what he hath and what he can do propounded in four heads and I passe it over if any man can make use of it much good may it do him From pag. 27. to 37. we have a tyresome discourse of two things The Armies badness and his goodness their fear his faith 1. Whereas it is in the Remonstrance We might chalenge all story for one instance in the like case howsoever he grants a good use of story yet in them it is a dull thing c. Ans. 1. I never observed this principle before Because men profess the Kingdom of Christ and have a light of truth and justice that therefore they should be uncapable of the use of former story doth Religion take off from a Christian because a Christian what is proper to every man as a man moral civil natural 2. If there be a good use of story as he grants then might they at this time well challenge it reasoning the greater to the lesse as thus If all Nations keeping their interest and proceeding according to equity and justice have upon fewer and lesser crimes refused personal treaties with their Kings and called them to an accompt and done justice upon them according to their facts there is all the reason in the world that the like be done to this King whose exorbitances and enormities are beyond most parrellel instances Enquire saith Bildad of the former age and prepare thy self to the search of the fathers for we are
the Lord an effectuall Saviour This is not so for they doe see God to goe all along with them and in every undertaking have large experience of his power and presence Lastly For the curse you may take it home it is yours not theirs for were you not blind you would see God where he appeares and powerfully shewes himself in his administrations and not publish such vain and ridiculous visions concerning the King as gives occasion to some of laughter to others of teares and to all of pitâ—ying and bewayling your folly and blindnesse But I spare you It followes in the Remonstrance In conscience and duty to God and men we hold our selves obliged c. In answer to this he saith many words the summe in short is this that they are not upon a sure foundation nor dare they come to a strict examination of their own ground knâ—w not which of these two to take for their principal God or man with severall other reproaches The beast Bonosus not being able to defend himself with his horn poysoneth the dogs with his dung Nothing have we yet met withall in his writing but either unsavory meat or swelling words and large accusations without proof I answer First They are upon a sound foundation and for the ground of their undertaking this work they did examine it and find it to have a sound bottome not hurried blindly upon weak passions of fear jealousie necessity c. but grounded on a clear call from God and men Have ye not read what David did when he was an hungred and they that were with him If David and his followers in necessity and to save their lives did that which was not according to the letter of the Law Exod. 29.32.33 Levit. 8.31 24.9 yet according to the intent of the Law for the Ceremoniall rites were to give place to moral precepts Without all doubt then in greater necessity and extremity as when it is not only to save mens lives liberties priviledges but Religion and the true worship of God if men act not in some things according to the letter of humane law yet the intent of the law is observed which is the safety and good of the people If a man have maliciously set his house on fire I may lawfully break in and quench it if I can if not cast it down duty and conscience puts me upon it yea though I have no leave or permission if my self and others otherwise should suffer 2. As we are to do good to them that hate us love our enemies c. So also to endeavour that justice and judgment may be executed on evil doers and so doing we are not the lesse godly and spiritual men 3. What some of the Army have told him it comes not here into consideration neverthelesse if nothing were told him but what he relates there is nothing in it to the matter he brings it for 4. It is his mistake to think that it is to decline the perfect way of Christ to go the waies of the Heathen for so far as the Gentiles were righteous just sober faithful we may and ought to walk the same way with them 5. Though we must live under law submit to Governours and be subject to them neverthelesse we know that all Governours likewise are under the same law and some lawes of men are prejudicial and hurtful to the people and therefore when God by providence puts in a fair opportunity for the suppressing of evil Magistrates and redresse of bad laws the mercie should be improved with thankfulnesse 6. For the example of Phinehas you did well only to name it and let it passe for indeed 't is beyond your measure to take off the strength of it This we learn from it 1. Zeal of justice in the cause of God is a means to procure Gods mercy to man 2. The Lord justifieth and rewards men for the zeal of his glory though in the carying on of the work there be some breach of rule or order Phinehas was but a Priest's son no ordinary Magistrate nor proceeded he with the Malefactors judicially neverthelsse carried forth by the mighty power and presence of God thrust them through suddenly and because this might seem blame-worthy in the eyes of men and might procure much il will considering the persons whom he killed the man being a Prince in Israel and the other a Princes daughter of Median therefore God himself gives witnesse saying Phinehas hath turned my wrath away from the children of Israel while he was zealous for my sake among them that I consumed not the children of Israel in my jealousie In the last place Reader thou art to take notice how Mr Sedgwick hath not yet forgotten his mother Romish tongue I pray thee ask of him where he learn'd to say Saint Paul what Mr. Sedgwick to speak in the speach of Ashdod not the Names of Baalim yet out of his mouth I verily thought the power of God in the new Covenant had taught him to say Ishi no more Baali we will therefore only leave out the word Saint and Paul's words may wel be applied to him you walk as a man are you not carnal Speaking in the Remonstrance how that rule of Salus populi suprema lex is of all others most apt to be abused he puts it off with a few bad words calling them a company of deceivers and mountebanks adding God is only the salvation of the people the which thing howsoever true yet impertinatly brought in unless he means that men should neither eat drink labour c. because the Lord is their salvation Next he finds fault with them for two or three pages telling them you are triming your way to seek love his answer to these 2. or 3. pages is abusing the words of Solomon Pro. 30.19 20. to vent out a great deal of wrath and rage against the Army you are gone from all solid principles of goodness fly from one secret place to another to hide your selves from shame you eat up King Parliament and People to satisfie your carnal love of safety while you think to make your selves more vendible you make your selves more abominable this is all and what thinkest Reader hath he not reached home to these otht other pages A thing look'd upon under water howbeit streight smooth and fair yet standing so it seems crooked rough and deformed So when a man looks upon another through the water of ill-wil and prejudice his wisdom shall be taken for folly zeal for madness sincerity for hypocrisie justice in him called cruelty in a word whatsoever he saies or does spider-like it is turn'd to poison Now follows No more Addresses to the King and how the Parliament turn'd to the course of a Personal Treaty Concerning this First he saith You do in favour to your selves abuse the Parliament and in most things accuse others of those things that you your selves are guilty of It is a full Charge but where is his proof
for this how doth he make it good Here he useth the common practice of false accusers but I shall leave that to some other pen and why not the falshood as wel 2. Whereas in the Remonstrance the instability of the Parliament is shewed and the evil practices of the King's partie Here he saith they are too harsh and without any molifying oyl c. First 't is cleer to every man that hath sence that Mr. Sedgwick is not sometimes at home to take an account of his own soul he taxes the Army as over harsh too large in opening the faults of others whereas he pitiful man hath written six or seven sheets and all for the most part are accusations against the Army and the grossest and vilest that can be aggravated to the highest 2. That the Parliament for their sins are scattered and broken This in part is true to wit such Members as turned aside to their crooked waies the Lord hath led them forth with the workers of iniquity but peace shall be upon the rest 3. That the whol Kingdom is full of discontent against them I beleeve t is so and more discontented will they be when they shall more cleerly understand their particular treasons and bloody designs in joyning with Malignants their under-hand plottings to raise up farraign and domestick forces to destroy the Army and the wel-affected through the Kingdom 4. That the King's partie are strugling to get from under their intollerable afflictions but cannot No marvail seeing they grow worse and worse and like mastives are the fiercer for their chain and you Mr. Sedgwick seek to increase their miserie by your daubing with untempered morter prophesying peace and safty to them and that their deliverance is at hand and you know who did so Ezek. 13. by which means they are hardened and so fatted for destruction 5. To that which you say of the Army that they are not like the good Samaritan but are as flesh flies or the man possessed with Devils seek the lands ruin to the furthest As the Lord hath hitherto spoken for them cleered their innocencie in spight of Hell and maugre all the powers of darkness so he will in this present work be a witness for them and make it manifest to the world by setling a wel-grounded peace what they have desired fought for and sought after and what hard things they have suffered for the good of the Nation The Righteous shall see it and rejoyce and all iniquity shall stop her mouth We have next his Story and 't is a wofull one First he saith Once our King and Parliament or people lived quietly and lovingly together imbraced in the arms of Divine Goodness prospered together as husband and wife When was this once It is so known an untruth what he speaks as I need not say any thing to it onely wish him hereafter to pray with David set a watch O Lord before my mouth keep the door of my lips I could multiply instances of the continual dissentions and differences between King and Parliament from the beginning of his Reign down al along to this present Parliament and for the People such as were most sincere and pious lived not quietly and lovingly together with him but suffered extremly under him even to the spoiling of their goods imprisonment banishment and some losse of life and this only for the truth sake 2. In calling the King husband and the Parliament wife as the former was false so this is foolish And 3ly Is that true that the Army have alwaies lusted after the royal bed What alwaies how are they then deeply revolted and turn'd back to the world In pag. 43. you say they have been led up into the high things of God and did all things in the Spirit of God But I shall not presse it further 4. I perceive you are a stranger to the ground-work of the Treaty 't is too wonderful for you and therefore have stated the thing amisse it was to advance the King's party stop the course of Justice against Capital offenders that such as had notoriosly cheated the Kingdome might not be questioned the people brought again into their former bondage such as would not nor could in conscience submit to their Church-government and other forms might be suppressed and under the name of Sectaries banished the Kingdom Lastly you say There is a blessing in this Treaty destroy it not tell us how the Lord will come in as a thief in the night and steal away the evil I answer You may see the Lord is already come in not in the night but at noon-day and hath discovered the deceitfulness of it the snare is broken and we are escaped and blessed be the Lord who hath not given us as a prey to their teeth Mr. Sedgwick is now come to examin their Reasons given in against the Treaty and here he finds sundry faults First Because they would make their own and the puplick interest to be one Answ. 1. Howsoever such as have engaged for the publick are in some things to be considered apart and so their particular safety to be provided for yet doth it not follow that they have therefore no interest in the publick or what is offered to us by them is not the publick but their own particular interest 2. I do not well know what he means by generally the people of the Land if he intends the King's party all Papists and other malignants I confess they go not with the Remonstrance but desire rather to see all things in the condition they were in before these wars began but for others and this is properly the publick interest they are one with the Army holding fast to their first principles namely To be free from all arbitrary and tyranical power whether in King or Parliament to enjoy all their rights priviledges and liberties to have all hurtful laws and customs removed not to have their consciences lorded over by any to have justice done impartially upon offenders and such a Government to be established as most tends to a publick peace and safety And therefore whereas he saith These devised things you propose the people know them not affect them less than they know them Unless by people he mean Royallists Delinquents Malignants and other treacherous plotters and their adherents it is not true for the publick doe desire them call for them and have a long time contributed their estates and engaged their persons in hope that these things would at last be procured His Second Exception is Because the Remonstrance propounds That all power should be in the hands of the Parliament and that to be certain and in the hands of a subordinate officer to call c. There is a great deal here left out which makes the matter more full and cleer but I let it passe let us consider his reasons against this It is to throw down a King and lords and to set up the people Ans. 1. The
punishment for so great an Offence And this they have since seconded in sundry other Declarations and Impeachments Fourthly For that most notorious falshood of his because his Excellency and the Councel of war crave that justice may be done to say It is the foule and black design of a few unbeleeving people I let it passe the Lord I know will rebuke him for it For as in this so in all the rest he manifests himself to be one of that number who have said with our tongue we will prevail our lips are our own who is Lord over us But for the persons upon whom you have laid so grievous an aspersion this is their comfort and rejoycing in the Lord that as God knowes their hearts so he knowes the sincerity and singlenesse of them that they look at his glory in seeking after the publick good As the clouds can neither lessen the light of the sun nor let the course thereof because at the last they are scattered by the heat of the sun which shineth out most comfortable So the innocency of their persons and justnesse of their cause shal disperse and drive away all black clouds of calumniations and the mouth of him that speaketh lies shall be stopt Now we come to the great work propounded in the Remonstrance That that Capitall and grand author of our troubles the Person of the King may be brought to Justice for the Treason Blood and Mischief he is there guilty of Here I find Mr. Sedgwick in his answer to say very little to it But 1. That no Law takes hold of the King 2. The crown is his birth-right and inheritance for the rest it is either a justification of the King as to be better then they or bitter reproaches Because this is a high subject and a businesse a foote I shall therefore speak the more largely to it not de facto but de jure for the Treason Blood c. laid to the King I shall leave that charge to others more concerned in it only I shall shew what justly and lawfully may be done in such a case And for the Readers clearer information and better understanding of the point I shall here assert 5. things First That there is a supream and Soveraigne power alwayes residing in the people above Kings Secondly That all Kings in all places and at all times have been and still are subject to and under Law Thirdly That the people have the power not onely to call their Kings to an account but to censure and remove them for their tyranny and misgovernment Fourthly That no nation is so tied to any form of civill government but that it is lawfull for the people to alter it into another form or kind upon occasion Fifthly That amongst all the formes of civil Government Aristocraticall or popular is best and safest for the people For the first That every Magistrate be he Emperor or King is inferior to the whole Kingdome and people it may plainly be demonstrated 1. Because he is not only their servant but creature too being originally created by and for them now as every creator is of greater power and authority then its creature and every cause greater then its effect so the authority and power of the people which creates the Prince and his princely power and enlargeth limits or restrains it as there is cause must needs be greater then the Prince or royal power And though Principallities as generally considered be of God yet the constitution of Princes and their severall degrees of power are meerly from men hence it is that Peter speaking of Kings and their supremacy cals them {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} every creature or ordinance of man 1 Pet. 2.13 because originally instituted limitted and continued by and for the use and service of the people whose creatures as we said ministers and servants they are and ought to be and from them receive their whole jurisdiction power and authority Besides howbeit principallities as generally considered be indeed of God yet the constitution of all Princes and their severall degrees of power are meerly from men and this cannot with any shew of reason be denied For if the regall authority of Princes were meerly from the Law of God and nature it should be the same and like it self in all Kingdomes but t is not the same and like it self in all kingdomes but as every people please and make a free choise of neverthelesse every form and kinde of government is equally lawfull and good in it self whether Monarchy Aristocratie or Democratie as all on all sides doe acknowledge 2ly It is a thing neither probable nor credible that any free people when they voluntarily incorporated themselves into Kingdomes of their own accord set up an elective King over them that there was such stupidity and madnesse in them as absolutely to resigne up their soveraign and popular power authority right to Kings and their heires for ever to give them an entire full and incontroulable supremacie over them and so to make the creature inferior to the creator the derivative greater then the primative the servants more potent then themselves and thus of free men to make themselves slaves and for their more safety to be more enslaved But the contrary appears by the peoples constant practise in all ages as we shall manifest hereafter But admit which with sence cannot be imagined that such a thing had been so yet the Fathers could not take in their posterity with them neither oblige them any way in point of equity and conscience to confirm and observe what they foolishly had done but their children afterwards might lawfully yea and ought to stand fast in the liberty which the law of God nature and nations had made them free and not be entangled in the slavish yoke and bondage of their fore-fathers Hence Amesius in his cases of Conscience lib 5. cap. 22. Qu. 2. resolves that all fatherly power is in procuring the good of children and shewes in the next cha. That liberty in naturall estimation is next to life it self and of many preferr'd before it 3. Common reason Law and experience manifests that the whole or greatest part in all publick or naturall bodies is of greater excellency power and jurisdiction then any one particuler member Thus in all corporations the court of Aldermen and common-councel is of greater power then the Major alone though the chief officer so the whole bench then the Lord chief Justice and the whole Councel then the President And it is Aristotles expresse determination Polit. lib. 1. cap. 2. lib. 3. cap. 8. lib. 4. cap. 8. what forme of government soever it be whatsoever seemes good to the major part of the people that is more excellent and to be preferred before any part or member thereof and that it is unfit the part should be before the whole and he gives for it his reason thus The people know what is profitable necessary
have done had not the people power to hinder censure and depose them for their sins It is said of Amaziah King of Judah 2 King 14.19 That they made a conspiracie against him in Jerusalem and he fled to Lachish but they sent after him to Lachish and slew him there not privatly but openly as acted by publick authority for his great impiety as having broken his oath and covenant whereupon we reade not of any complaint inquisition proceeding or punishment inflicted on those that slew him after his death either by the people or his children as there was upon those that slew king Ammnon but being slaine they to wit the persons who had put him to death brought him on horses and he was buried in Jerusalem and all the people of Judah made Ahaziah King in his stead Which plainly shews that what was formerly done by the greater part of the States at Jerusalem was afterwards confirmed by common consent and executed by command of those which might lawfully do it Fourthly For examples all histories are full nothing more frequent than to reade how people having the supream power would judiciously convent censure depose yea and judge their kings to death for their evil and wicked courses Thus amongst the Romans the Senate and people together proceeded against Nero Julianus Vitellius Maximinius Heliogabulus c. I speak not of Traquin the proud expelled the kingdome by the people So other Emperours likewise being found unfit unable to govern the kingdom have been deposed and others elected and crowned in their stead as Cbilderiek Charles the third Justinus the second Wenceslaus all put off and Pepin Arnolph Fiberius and Rupert Count Palatine of Rhine chosen and set in the Empire The Cumaen State usually arraigned and punished their Kings juditially if they saw cause Thus the French by authority of a publick Councel through the prudent care of the officers of the Realm deposed Childerick the first Sigebert Theodorick and Childerick the third So Gyl for his grievous taxes and other miscarriages they chased into Soysons Theoduricus because he vexed and oppressed the people was by the authority of the State deprived of all dignity Touching the Kings of Spain we shall finde in Histories and good Authors that frequently for their tyrranny and misgovernment they were deposed by their subjects as Theo-discle the tenth Vttiza and other Gotish Kings as infamous monsters were chased from their thrones So Don Pedro the first Ordogno Alphonso the great Astronomer kings of Castile for their cruelties murders and treacheries all rejected and deprived of their Realms Ramir of Leon and Garcia King of Gallieia both deposed for their vitious and base doings In Hungaria Peter the second and Solomon the first to omit some others for their great insolencies and injustice were both deposed the first afterwards banished and the other kept in prison till he died So the Bohemians deposed and banished Boleslaus Rufus Berzinogius Sobeislaus Vladislaus and twise imprisoned Wenceslaus for his drunkennesse neglegence and cruelty In Poland the people have deposed imprisoned or expelled out of the kingdom many of their Kings for their oppressions and injustice as amongst others Miesco their second King Boleslaus his son Myoslaus Henrie c. Neither have the Swedish Kings been used otherwise but for their cruelty treachery and tyranny have been thrust out of their thrones and Realm by the people as Halsten Aminander Burgerius Magnus Henry Christierne the first and second and others elected and crowned in their stead So in Denmark Humbus Ericus Christierne father and son censured and deposed by the State for their licenciousnesse and misgovernment Not to mention Canutus Magnus Suano put to death by the people I passe over Canades King of Persia Dionysius the younger King of Sicile Timocrates of Cyrene Andronicus Emperour of Constantinople by the people rejected upon just cause For Scotland If George Bucanan and others of their own Historians write truth as there hath seldom ever bin good King thereof so very few of them begin with this mans father and so go up that ever died an natural death But touching the point in hand how frequently the Parliaments and Nobles there have questioned their Kings imprisoned deposed yea judicially censured them for their tyrannies oppressions whoredoms murders falshood and evil adminstration you may see at large in the aforesaid Bucanan some I have taken out of him as Durstus and his sons so Dardan Luctack Conarus Ramack Fereuhard Euginius Constantine Ethus Donald Lugrac Megal Edward Baliol James the third all these have been sentenced rejected I mention not such though he doth many whom the common people for their intollerable basenes murdered and put to death To which I might adde this mans Grandmother whom they imprisoned and caused to abjure and resign her Interest in the Crown and kingdom to her Infant son and at last was solemnly arraigned and condemned to death by the Parliament of England and beheaded at Fatheringham Castle all which proceedings against her as her Deposition Imprisonment ahd Execution hath hitherto been justified as lawful To come now to our own nation many examples we have upon record in our Chronicles concerning the matter in hand I shall at this time but only touch things in a brief way King Vortigen after six years raign for his negligence and evil government was deposed from his crown by his subjects and his son Vortimer chosen and crowned in his stead Speed Chron. pag. 207.266.267 Sigehert King of the sumptuous using exactions and cruelties upon his subjects was put by his place and Kenwolfe made King in his steed Speed hist. pag. 229. So Ofred King of Northumberland for his ill government was expelled by his subjects and deprived of all Kingly authority Speed pag. 245.246 Ethelred the son of Mollo so far offended his subjects that they tooke up armes against him and slew him at Cobre Beornerd King of Mercia because governed the people not by just Laws but by Tyranny was expelled the kingdom and Offa chosen and crowned Mat. Westm. pa. 275. The like was Edwins case King of Mercia and Northumberland for his misgovernment tyranny and oppression and following vaine base and wicked Councellors was removed from all kingly dignity in whose place Edgar was elected King I might have mentioned Archigallo one of our ancient Brittish Kings in times of Gentilisme for some misorders was deposed by the people when he had reigned almost five yeers and his brother Elidurus chosen in his room So Emerian another old British King deprived of all kingly honor and dignity and Yowally promoted to the crown Fabian par 2. chap. 49. p. 30.31 chap. 46. p. 34. Since the conquest as they call it King John disavowed by his Lords and Commons for wasting burning and spoyling the kingdome like an enemy electing Lewes of France for their King Speed p. 585. Edward the second for his misgovernment put down and Edward his son elected and crowned Walsing. hist.
collected that justice may not be executed upon some offenders for special and notorious crimes whether subdued in war or taken any other way Fourthly The often caused war to maintain his interest against the publick interest this constantly and unweariedly So the Remonstrance At this Mr. Sedgwick grows angry and fals into passion You lye grosly saith he But wherein These things which you propound were never thought of in the begining of the quarrel The Parliament alwaies professed never to alter the Government to protect the King's Person c. Afterwards we have something said in scorn of their present form of government with his fiction and dream touching the King Ans. 1. Touching the time when some things are to be proposed it is the necessary occasion which must alwaies be considered In civil affairs we see what at one time may be born others afterwards upon just and good ground may abolish and take away or otherwise we should deny men the use of their sense and reason Secondly We know it is no Parliament principle that their votes and agreement should be taken as the Lawes of the Medes and Persians which altereth not their constant practise is to alter and change as they see reason for it and therefore it is the weakest reasoning that can be to argue the Parliament voted so and so therefore it must stand For instance the Prelates with their courts cannons service-book and other dependances are abolished and that by vote of Parliament now put case they should be which God forbid again re-established aske of a Royallist if there might not be enough said to justify the Parliament in this latter act Thirdly For the odium and disgrace which he puts upon their present form of government calling it a headlesse monster a hoddy-doddy an all-breach able to affright solid and serious men to their armes and if he should fight against any thing he should fight against it and pag. 12. brats of their own brain Jn reading this it makes me thinke how Nichomachus in Plutarch very fitly answered an ideot that could see no beauty in the famous Helena painted by Zeuxis take my eyes said Nichomacus and you shall thinke her to be a goddesse J will not here speak how treasonable his words are as moving strongly to rebellion and to raise a new war and to cause commotions again in the land But J see t is true In the multitude of words there wanteth not sin and he that refraineth his lips is wise Fourthly He should have cleared the King of the things laid to his charge as to have been the author and contriver of a most unjust war and is consequently guilty of all the innocent blood rapine spoyl and mischief to the Kingdome as in the Remonstrance pag. 24. adde the losse of Rochel in France by his lending ships to the French King and the Isle of Ree and Cales voyage and the ground and reason of the quarrel How he endevoured to stir up factions and differences between the honest party in England and Scotland that he might take advantage by such division his open declaring in Parliament that he owes no account of his actions to none but to God alone What hath beene reported about his Fathers death and Marquis Hambleton his designe in bringing up the Northern Army and his large offers to the Scots Army to be brought up to London to awe the Parliament his usuall breaking of his promises protestations oathes as in many particulars might be named his sending over the Jewels of the crown to be pawned by the Queen for powder and ammunition to fight against the Parliament and the Priviledges rights and liberties of the subject How he made 1500 widdows in one morning as Mr. Henderson told him And concerning Ireland how clear it is by many severall passages and by the examination of Mar-carte and Macquire c. that the pretence of men for the King of Spaines service a year or two before the rebellion in Jreland was but a colour to keep some in armes for a foundation of that rebellion how the Jrish rebels call themselves the kings and Queens Army the first clause in the oath injoyned by the supream catholick councell at Kelkenny in Jreland was to maintain his royall prerogative against the puritants in the Parliament of England Jn one of his letters taken at Nazeby he commanded the Earle of Ormond to give particular thanks to Mustarre and Planket the two Arch-rebels in Jreland so divers of the Jrish rebels had private passes from the King for the heading of the rebels there J Iet passe loans shipmony monopolies Knighthood inlarging of forrests inclosing of commons ingrossing of gunpowder his unparrell uxoriousnesse and affections to the Queen and compliance with the Pope c. Now all these things Mr. Sedgwick should first have answered before he should have affirmed Jf there be any reason for a Prince to take up armes against his subject he hath and why so because there attempt is to destroy the King and overthrow the very foundations of Government and a little before the life of the King and his posterity is aymed at Answ The premises granted to put him by is a thing lawful and necessary of which more hereafter And this may be done without destroying the very foundations of government unlesse by foundations he means some particular form or kind of government but that is not proper to say for the foundations of government is indeed that absolute entire and independant power residing alwayes in the people and this foundation cannot be destroyed J meane the right and habit of it though the use and exercise may be wrung'd from them so that to change and alter in respect of the forme or kinde of governments by vertue of the said power it is in the peoples liberty whensoever they see just cause and reason for it Fiftly For the rest which is first reproaching the Army as to be their designe only to attain their end malice ambition and revenge And secondly That the King shall put all into Gods hand and shall receive it again in the life and glory of God This is capable of no other answer but reproof and pitty To follow Mr. Sedgwick in his own order next he comes to answer pag 26.27 c. which is the second part of the question and a second reason against accommodation The safety of an agreement here he takes some words out of the Remonstrance That the King hath forfeited all his power into your hands that the people are free to make the best advantages and pag. 27. having him and his party captivated and in their power Reader I professe unto thee in the word of truth here I have read over some leaves and have done my best to see what is in his answer but for severall pages together as 23 24 25 26 c. I finde nothing therein for I esteeme not his calumniations rash-judging self-prayse as any thing and for this be
c. from the people any further due unto them I know no faster bond or knot between any two parties then man and wife the relation between Kings and subjects I am sure is not neerer neverthelesse all grant adulterium etiam vinculum ipsum matrimonii solvit adultery in either person breaks even that very bond and knot of marriage why therefore a subject breaking his covenant with the King in being a traitor should be punished for it and the King breaking his covenant with the people in proving a tyrant or traitor to the people should not be punished likewise I am sure there is no man living able to give a just reason for it Reas. 4. If men by Law may be punished yea and great punishment is inflicted upon them who are onely as instruments used by Princes to accomplish their wicked designes and meerely act to please them surely it is against justice reason and all conscience that the first mover and grand author should escape unpunished Gods example teacheth otherwise who in all ages hath punished the author of sinne more severely and extreamly then the instrument we see many times the adulterous mother punished for her whoredome yet the bastard spared but that the bastard should suffer and the mother escape it is an example unheard of Reas. 5. Howsoever men may remit the wrong or injury as it it in reference to themselves and their own interest neverthelesse as the transgression respecteth Gods Law and so far as God cals for judgment and punishment it is not in their power to spare or pardon though they may doe with their own what they will yet what is the Lords they may not alter mitigate qualifie c. but they ought to proceed according to the directions and rules which he hath prescribed to them I say without addition or dimunition strictly punctually and precisely I shall end this point with the words of Bodin I am of opinion saith he that no Soveraign Prince neither yet any man alive can pardon the punishment due unto the offence which is by the Law of God death no more then he can dispense with the Law of God whereunto he is himself subject And if it be so that the Magistrate deserve capitall punishment which despenseth with the Law of his King how shall it be lawfull for a Soveraign Prince to dispense with his subjects from the Law of God And further if the Prince himself cannot give away the least civil interest of his subjects or pardon the wrong don to another man how can he pardon the wrong don unto ALMIGHTY GOD or murder wilfully committed which by the Law is death for all the pardon he can give vide lib. 1. de Reip. cap. 10. Secondly As for Lawyers law it is just like Mr. William Prin it speaks every thing and any thing and nothing Thus their law and he are like the Dutch mans hose you may wear them how you will put them up or down for they are made to serve both wayes but for that whirligig and busie body I do but mention him by the way for there is an Independant piece comming forth to shew his lightnesse contradiction extreme pride and malice What punishment by law is due unto a Traytor it is so obvious and well known as to cite Statutes for it would be but as a vain repetition Now the Law cleerly resolves 28. Hen. 8. C. 7 That if the King become an open enemy to the kingdom and subjects to wast or ruin them or shall seek to betray them to a forraign nation he becomes a traytor to the realm and hereupon doth forfeit his very title to the Crown Bracton saith the King is the highest Justiticiar in the kingdom Licet in justitia recipienda minimo de regno suo comparitur but as low as any in receiving justice lib. 3. cap. 9. fol. 167. c. This indeed is law for what is law {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} according to the strict Etimologie a proper signification but an equal distributing to every one his own whether it be reward or punishment and therefore whensoever any thing hath been enacted to priviledge kings and princes from personal punishment in case they transgressed against God and men and should prove Tyrants Traytors Murderers Pirates Witches and what not I do avouch it was no law to speak truly and properly it was not {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} but {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} as contrary to the law of God and nature as light is to darknesse and these were right Antinomians as opposing and denying law to establish their own wicked and lawlesse decree Law is ratio naturalis natural reason but it is no principle in nature to punish the lesser theft murder treason tyranny c. and spare the greater theeves murderers c. to execute the bastard and quit the mother as we said before Again 'T is without dispute when Princes prove Tyrants their deposition is justificable by law Now to know a Tyrant King James describes him thus A King governing in a setled kingdom ceaseth to he a King and degenerates into a Tyrant so soon as hee leaves to rule by his own laws If this be true as it is most true then it is the highest degree of Tyranny condemned and abhorred by God and all good men when the King begins to invade his subjects persons rights liberties c. to set up an arbitrary power imposeth unlawful taxes raises forces plunders wasteth and spoils his kingdom imprisons kills and banisheth his most faithful best people in an hostile and wrathful manner whom he ought to protect and rule in peace and whether this King have not thus done even our enemies themselves being judges There is one thing remarkable in the aforesaid speech where he saies He ceaseth to be a King Hence I gather that a King degenerating into a Tyrant hath no benefit nor any thing to help himself in point of law by any Statute containing an immunity or exemption of the Kings person from punishment as death it self for whatsoever is provided in such a case it is only in reference to a King but when he ceaseth to be a King he loseth the benefit of all such acts of Parliament neither is there any Statute broken if he personally suffer for his crimes Thirdly For Scripture proof or presidents Zuinglius positively affirms that the Israelites might not only resist but also depose their kings for wickednes idolatrie yea that al the people were justly punished by the Lord because they removed not their wicked Kings out of their places and brings sundry instances for it Explinat Aut. 42. That God did punish the people for their kings enormities t is evident by Jer. 15.1 2 3 4. 2 King 21.11 12. Chap. 23.26 24.3 and the history of the Kings and Chronicles in sundry other places clearly shew so much the which thing surely God in justice would not