as one of the most necessary works to be done in this Kingdom and that wherein there wil appear much opposition and if it be not suddainly done it wil not be done in this Generation our Laws are actually or potentially the best in the world for if any thing be amiss the Parliament may reform it according to right reason which is the soul of al humane Laws without exception no Law ought to live longer then the reason of it continues away with all bugbear objections and after Naseby fight lets never distrust God for any thing I mean let us have such Laws as are not directly against Scripture and for which some reason may be given besides the course of the Court for that for which probable reason may be rendred on both sides is not fundamental as the eldest son to inherite the whole estate certainly there ought in all reason some provision to be made for the young Children if the Father make none for them in his live time but true it is that many positive Laws are fundamental secundarily to alter which would be ful of danger and inconveniences unless it were most evident that great utility would thereby arise and accrue to the Kingdom but that is not my present work something I intend concerning Government in general rules by which no man can conceive himself prejudiced as by general rules of Physick no wise man can expect to be cured 1. That the people girt the sword about the King the King says our Law books is the fountain of honor and it is true for the peoples good therefore doth the King make Judges and Magistrates great that they may not be afraid to do right and justice to their brethren so that indeed the state confers honors by the King as the King gives the Alms by his Almoner they presume that the King wil make no Lords but such as shal be an honor to the Kingdom in whom the Kingdom shal be preferred the Judges Robes are for the Kingdoms good to strick a terror into offenders if the Kingdom or the Parliament which is the state contract can justly except against those which are honored that is if they by their greatness oppress the people and Lord it over poor men the honor ought not to continue for all Priviledges and Preeminences are forfeited by abusers no Priviledg which is a private Law must oppose Publique welfare Indeed nothing done without the states allowance is allowable that is nothing against the fundamental good of the people and truly the main end of Parliaments is to supervise the Publique Magistrates to see that Ministers of justice be just and execute justice impartially If Kings did always prefer good men and conferr the great offices of trust and judicial places upon the most idoneous and best men in the Kingdom which are Infra Causam meriti that best deserve them there would be the less need of Parliaments I mean officers of the Kingdom for there are officers of the Empire for the Administration of Publique justice and officers of the Emperors as his Domestical servants answerable to our distinction of the Kings natural Capacity and his politique Capacity art is always the perfection and never the destruction of nature Let me but humbly observe a little defectiveness in state policy concerning the Kings Councel That the Regal heires have not in their princely education Tutors to instruct them in that which most concerns the good of the Kingdom which is Councellors to acquaint them in the fundamental laws of the land how improper is it that the Kings Counsel should be least of Counsel with his Majesty but by per-audience to gain other Clyents and be ingaged in other mens business when they should be attending his Majesty stil presenting the law before him which is the golden rule of justice Judg Fortescue holds it necessary for the peoplâ—s happiness that the King see with his own eys what is for his peoples good that so he may reward the most vertuous the Frâ—nch King is enioyned to pray so much every day to be exemplary to the people how happy would it be if the nobles and Grandees of state would study that fundamental and true end of Government which is the wâ—lfare of the people The young Prince of Persia hath 4 Tutors for Religion as many for the Law but 2 for Martial Exploits for they said for the King to know how to ride the Great horse is but half as good for the Subiects as to know the law by which he wears his Crown and one Tutor for every moral vertue patience courtesy temperance chastity c. 2. Not to argue whether we live under a Government mixt and co-ordinate or simple and subordinate 't is a common Tenent that the Empire France and Spain are merum Emperium England Sweden Denmark and Poland a mixt Empire the Venetians a pure Aristocracy Holland Geneva c. Jurisdictio sine Imperio that of the 6. Kings that be in Christendom Franâ—e and Spain have too much power Sweden and Poland too little for their title England and Denmark just enough to make themselves splendid and their people happy All agree that the King cannot make a Law without a Parliament and I cannot but exceedingly magnifie the mixture of the 3. estates the superlative trust by Law is in the King Lords and Commons 't is but loss of time to look back into the power of the Bishops for 't is not much above 100. years since there were Statutes enforced for the Popes supreamacy yet so as if the Lords and Commons perceive that the King by evil advice undermines the subjects liberties to the manifest indangering of Salus they must then necessarily suspend the operation of that mixture as when 3. men are to cary a weight if one plucks back his haÌ„d the other 2. must bear it for the consideration of publick utility is always equivalent to a necessity Causae necessitatis util tatis aequiparantur in Jure and therefore it is an error to say the people do not trust the right honorable Lords because they do not choose them Their Nobility was acquired and is continued by noble actions those noble Peers that have not deserted the Parliament but continued faithful and adventured their lives and honors for the publick safety deserve eternal praises and in the multitude of such Counsellors there is much safety to this Kingdom for all true Honor consists in vertuous endowments and their improvements the principal whereof is faithfulness to the Kingdom expressing their honorable endeavors after that in works of mâ—rcy justice peace and love The King is ever present by his power the Lords present in their persons and the Kingdom represented by their choycest members who are impowred for themselvâ—s and the whole Kingdom so the whole Kingdom is figuratively present by a part taken for the whole therefore the words Commâ—ssioners or Arbitrators or Feoffees in trust of exceeding their power and such
and the best men are but men at the best subject to the faults of the irascible and concupiscible faculties 5. That to assume a Government without a title and to act beyond Commission to the destruction of those whom they should preserve is all one in reason and so King James that Phoenix of his age for solid learning agrees that there may be a Tyrant as wel by male-Administration as he that comes in by Conquest To speak of the several Conquests that have been made in this Kindom by the Romans Saxons Danes and Normans as also whether William the Conqueror came in upon his Remittor by ancient title I judg impertinent but this is clear as Chrystal that our Ancestors did voluntarily submit to Kingly politick Government that if the Conqueror were a Tyrant for want of title the subsequent consent of the people made him or his Successors lawful Kings being equivalent to an election as Leah by an after-consent became Jacobs lawful wife though he was mistaken in the marriage and an error in the person nullifies the Matrimony And the act of our Predecessors is as strong and binding to us as if it had been our own personal consent A Law being the act and deed of the body politick in Parliament voted by the whole Kingdom as the whole men sees hears instrumentally performed by the eyes and ears Pan. anglium Pan Aeâ—olium Pan-Sicilium The first Paâ—liament wherein by intendment every man woman and child is vertually present by representation or else a statute could not bind them and a Law binds not only their makers but their successors for Corporations never die as the River of Thames keeps thought name the new waters perpetually succeed And though it be not so clear when this consent was given yet we find that King H. the 1. Beaucleark youngest son to William the Conqueror in the 16. year of his Reign called a Parliament at Salisbury which I do not conceive so much to be derived from the French word signifying Freedom of debate as Parliamentum quasi pariam Lamentum the Complaint of the People when there is any difference between the King and his Subjects his Majesty gives them leave to choose out of themselves whom they please as Arbitrators or Vmpiers to determine the matter wherein the Subject thought himself secure that he might choose his own Judges and this was but equal because the King chose the Judges of the Law and though it doth not appear that this agreement between the King and people was reduced into writing because that easy coâ—servatory of printing was not then invented yet who knows but that it was written and since defaced or Imbeziled for my part I cannot imagine our Ancestors to be so â—rrational that they would ever agree that any man should raign over them as their lawful King by their ful consents but upon this condition that when they found themselves oppressed and burthened his Majesty should be obliged to call a Parliament and to agree to such Laws quas vulgus eligerit as the Parliament should present unto him for their happy Government and not to dissolve them till they had done the business they were intrusted to do for the good of the Kingdom for Parliaments never dye intentionally and why may not such an Agreement be lost As we know the Records of many Statutes are not to be found yet it is written in the heart of every understanding man that so it was for how irrational is it to imagine that the King was not bound to call Parliaments 36. E. 3. c. which by Statutes ought to be every year or oftner as need shal require and if the King might disolve them when he pleased what fickle things were Kings what vain things were Parliaments and though it have been strongly objeâ—â—ed that when things have been wel setled the King is to have the negative voice in making new Laws though not in expounding the old because a Kingdom may subsist without making new Laws but not without executing the present Laws I say that the objector is defective in stated Policy for the alteration or enacting of new Laws is as absolutely necessary as to execute those which are made a Kingdom may be as wel undone for want of the Kings negative voice as for not executing the Laws already establish't for the wisest Parliament cannot foresee what wil be best for the Common good the next year Such Exigencies of State may happen and I observe that what hath been objected by the Kings late party to the contrary hath been that the Law is otherwise but words are the least part of Reason that which Mr. Jenkins writes is most true according to the Authorities which he vouches but what Authority is it some of the Judges of the Common Law very good by whom were they made Judges By the King How came they by their places The Eccho is buy them for until the statute of 5. E. 6. All judicial places were generally bought and sold as Horses in Smith-feild for a cheif Iustices place it may be 10000. hath been given and how long to continue during the Kings pleasure was it safe for them to argue for the Liberty of the Subject against the Kings Prerogative the Temptation was very great to be for the Kings side in all Arguments besides Parliaments have been discontinued and short-lived for my own part I do not much value his judgment In a question of prerogative who holds his place at the Princes pleasure for to stand to my own judgment or the judgment of him whom I elect is much alike yet as there have been in all ages some that have stood for the Honor of Christ and resisted unto the death so there have been some that have argued for the Peoples Liberties Bracton saies Rex non habet parem in regno suo nisi Comites Fortesâ—ue Barones et communes in Parliamento et hanc potestatem a populo effluxam Rex habet Another that Rex est singulis major universis minor that the King hath no Peers in his Kingdom but the Lords and Commons in Parliament that the King is greater then any Subject but less then all his Subjects and that he derives all his power from the people Fits Herbert and Shelley that the King is servant to all his Subjects set over them for their good and this is the voice of right reason 't is impossible to imagine that ever any man should have the consent of the people to be their King upon other conditions without which no man hath right to wear the Diadem for when the first Agreement was concerning the power of Parliaments if the King should have said Gentlemen are you content to allow Me my Negative voyce that if you vote the Kingdom to be in danger unless such an Act pass if I refuse to assent shal nothing be done in that case Surely no rational man but would have answered May it please Your
of the greatest trust hee that is true to his end cannot be a Traytor The War first undertaken for the defence of Laws and Liberties hath had a great influence upon Religion and pray answer me this Question if the Parliament had told you at the first that you should not expect any Liberty of Conscience in case of prevayling but that you must serve God according to the precepts of men whether you see reason for it or no would you have engaged so cordially upon a promise of freedom for your temporall estates What is all the World worth if a man enjoy not the freedom of his soul peradventure you will say that the world cannot deprive you of the liberty of your Consciences for the Saints are as free in prison to enjoy God as if they were abroad as sweet experience can testifie and the more we glorifie him by suffering for him here the more conformable are wee made to our Head and shall be glorified with him and Jesus Christ is eminently all Ordinances in himself most true but in the dark the best eyes have need of Candles We are not yet as we shall be we live upon the beams here and not the body and it derogates much from the wisdome and the love of Christ to reckon that as a shadow which he hath appointed for a standing Ordinance Religion teacheth nothing against nature piety doth not ruinate humanity but makes one man worth twenty I assure you Gods people hope that you will deliver them from the Bishops successors as well as themselves by what title soever they be called I doubt not but you have both naturall and spirituall affection to this poore Kingdom the poore Saints that are rich in faith act faith in Christ for deliverance by you they say they care not what becomes of them so as the Crown may be set upon the head of Christ and fealty and alleagance sworne unto him who is no enemy to any just governours they are perswaded that the Parliament of themselves intend no lesse and that there are very many in both Houses most cordiall servants to Jesus Christ who are even sick for the love of him that dyed for the love of them but here is the case there is a potent faction within this Kingdom men that have enriched themselves in these times of danger and calamity a base thing so to build upon the ruines of our brethren that count gain godlinesse and these consist of subtill Atheisticall and depraved Polititians on the one hand and devout superstitious rigid Zealots on the other hand who by specious pretences and plausible insinuation worke upon the candor and devotion of many honest men whose mindes are vertuously disposed to enslave this Kingdom for their own ends and this under a pretence of Gods honour service worship and uniformity and this designe so politikely carried on that the wisest men may be mistaken for he that thinks no hurt himselfe is seldome suspitious of others The chiefe Religion of these Polititians is to have no Religion in the power of it but such a forme established as is most sutable to his Grandor and they thinke it a sin to let any man live in this Kingdome who will not eat up as sugar all their Orders and Sanctions our noble Worthies in Parliament would quickly be as wholsom medicinable restoratives to heale the wounds of this Kingdom but that they like byting corrosives study to make them greater and more dangerous setting up all sails to sail withall and rowing with all manner of Oares but being discovered will I hope be abhorred by all honest men Now to restrain the malice of these ambitious men the Lord hath preserved you to this houre and me thinks I heare Iesus Christ be-speaking you in this manner Hearken yee noble Army of Martyrs in affection and resolution who carryed your lives in your hands for my sake and for morall justice wherewith I am delighted I take it as kindly from you as if you had given me your lives but keepe them I am preparing mansions for you but your worke is not yet done you must stand up for the liberties of your brethren you must stand up in the gap for me who alone trod the wine-presse of my Fathers wrath for you why have I impowred you but to purchase liberty for my people Did I preserve you from active martyrdome that you should bring your selves to passive Would not I have taken your lives as kindly from you at Nasâ—bey Bristol c. as if after disbanding you should be imprisoned and put to death for Heretiques or Schismatiques Is not my kingly government as precious to you and as well worthy fighting for as my Priestly office But if you should be disbanded before Gods people have their liberties secured I should have covered my face and onely thought that you did not so well understand the Doctrine of Christs government and domâ—nion in his Churches and amongst his Saints as the Doctrine of satisfaction by faith in him Is it not most apparent that the day of your disbanding is in probabiâ—ity the Eye of the Kingdoms ruine for does not this potent faction say they will not suffer an Independent that they cannot live but by the death of the Independent party Hath God preserved you hitherto in times of War to be insensibly destroyed in times of peace Was not your Commission to fight for Laws and Liberties whereof Conscience is the greatest hath not the Kingdom sufficiently dishonoured Religion formerly in the Bishops times but must they now under a pretence of uniformity seek the life of her Children and of Religion it self do they not ayme at the life of Religion which is the heart of God and the lives of his children which are the apple of his eye The Meâ—curialists at Court did but strike at the letter of the law in some things but these Phaetons would set all on fire and ayme at the power of Religion the very life of our Laws whose humours are so corrupt that the least scratch turns into a Gangreen For I am confident that these cruell men cannot bring one argument for themselves but what I may improve for the Popes Supremacy which was pretended to be for orders sake to avoid confusion but in reality hath been the occasion of all Tyranny But many words are not proper to an Army you have won the heart of Gods people in you is fulfilled that prophesie Esay 49. That Kings shall be your nursing Fathers Commanders persons of Eminency for what the watchfull Constable worthy Justicer reverend Judge and all other Officers of Justice do in punishing Traitors in times of peace the same in effect is done by Armies in time of War every Souldier hath been a judge to do justice and execution upon the enemy I have but this request to make to you that you hearken not to any Syren songs but be ever true to your first principles let the Honour of Parliament always be of most high account and precious esteem with you your jarring with that Supreame Court would be a pleasant melody to many that will pretend faire to you speak you fair to borrow your hands to take out the Chestnut for them that would have you crack the shell for them to eat the kernell It is reported of the Lioness or the Bear that if a whelpe dye she will roar in the Den exceedingly over the carkass or else having got some gobbets of flesh hopes by continuall clamour to put life into it some such there are that by daily exclamation against the Supream Court think to vivifie their dead Cause and to put life into a carkass that will not acquit our renowned Worthyes from the highest Crimination and yet will justifie your station by the Law of the Land I beseech you if the Parliament had no power to Commissionate you to redeem out Liberties what are you that have acted by their authority I hate dissimulation the happiness of this Kingdom will rest principally in this that all the godly though of different opinions favour and assist one another and that all honest peaceable men joyn together as one man to break the neck of all oppression and injustice Let every man contend for the Honour and Priviledges of the King and Parliament in the preservation of the Liberties and Birth-rights of the people And when the Kingdome is happily setled let us say that God hath done all yet honour them whom he hath honour'd The End
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
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
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
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
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
learned distinction of Presbyter and Independent between whom lovers of peace desire to make the difference very small but contentious spirits study to make it a wound incurable For my own part I confesse it is very improper for me and unwilling am I to meddle with differences out of my proper element yet there being a great work to be done in this generation and the only playster that is large enough to cure all the distempers in this kingdom I conceive after twelve yeares study being inevitably put upon the study of it by a speciall providence and scarce knowing any other controversall point in Divinity worth studying the Priestly and Propheticall office of our blessed Saviour being in good measure blessed be God vindicated and redeemed out of the hands of those Romish Hucksters and whether the Inventions of men ought any more to bee mingled with the Institutions of Christ in his kingly office then their good works in his priestly office is now the great dispute That the difference between them is not essentiall but graduall for I look upon Presbytery as a step to Independency not in the body but in the garment and therefore undoubtedly time and wisedome may temper a Reconciliation only through pride and covetousnesse comes this contention concerning liberty for tender Consciences Truly whether the sword can be any better imployed then for the defence of the true Religion and whether it be not as lawfull to fight for Christs Kingly Office against the opposers of it as for his Priestly Office against the Papists it is not my intention to cleare any particular but to give some generall hints hoping that all Gods people though of different judgments in this particular desire a sound and durable peace accompanied with truth and piety What my opinion concerning a universall Tolleration of all Religions whether it be tollerable or insufferable I will not deliver any opinion of it because it is not the thing in question I know none but Protestants that desire this liberty and that not so much in Doctrine as in Discipline I think there is scarce a Papist in the Kingdome but either actually or vertually in their desires at least hath been in Armes against the Parliament 't is clear that Antichrist fought for the late Oxford party whether they fought for him or not 't is much that Christ and Antichrist should pitch their tents in the same field and therefore certainly 't is a fond Argument that men make If you suffer Independents then why not Papists because those that have been faithfull to the Parliament and are of the same Religion may in justice and equity have the liberty of their Consciences not disturbing the peace of the Kingdome does it therefore follow that Enemies to the Parliament of a different Religion whose Religion in the power and practise of it is flat Rebellion their Head Antichrist their Doctrine Heresie and worship Idolatry holding pernitious principles destructive of State Policy that theirs ought to be suffered If any Papist bee better principled and will take an Oath to bee true to King and Kingdome where they live in all points and will not make it their work to seduce others and the number so small that the State need not probably fear any danger by them as in Holland I say nothing with it nor against it but I would faine break the neck of that absurd Argument If you suffer a Protestant you must suffer a Papist does every diversity of opinion presently make a different Religion I will assure you there are more differences between the Papists about those five little words Hoc est enim corpus meum this is my body then there is between all the men in this Kingdome and yet who more loving then they before the Councell of Lateran it was good Divinity to say at the Masse which gets a masse of money adoro te si tu es Christus I adore thee if thou be Christ but since Transubstantiation is setled by their Law they are so fallen out amongst themselves how to make the body of our Saviour to bee there as it was when he Instituted the Sacrament that 't is most admirable and I think it better beseeming us that are Protestants to laugh at those Antichristian fopperies and to pity one another the strong not to dispise thâ— weak nor the weak to oppose the strong let me instance in some of their differences concerning their Transubstantiation Some Papists hold that Christ is not in Heaven because he is in the Host others that there are two Christs others are much troubled about the time that Christ continues with them some hold that his body goes not into the stomack being full of humors but then thinking there would be little fruit of it they say he stayes till digestion therefore they use not to eat for three or foure houres after others hold the body never parts but then no man needed to Communicate but once and they could sell their God but once and the party sinnes after which could not be then because this body cannot annihilate being as impossible here as 't is in the heavens they differ what is become of the body some hold that it was gone to heaven but that cannot bee say others because it was there before then the doubt is how can accidents nourish the body some hold that so soon as the stomack ha's changed the form of the Wafer cake that God Creates a new substance of nothing but against that some Priests finde that the wine does presently comfort them and Priests have been drunk with much wine then they are much troubled where our Saviours head and his feet are least the Priest through ignorance should hold him with his heeles upwards and some hold that the head is alwayes upppermost hold it how you please another Priest was very angry with mee for asking him such a question that he knew not how to answer but sayes the face is alwayes towards the Priest for reverence I know not how t is possible not to believe but to imagine such a confused Chymaera Then they dispute how the Organicall Body of Christ can be in a thing so little therefore they say the more wine the better But the Priest does not see the wine in the Flaggon yet say some the vertue of the words penetrates into it others say t is Idolatry to attribute vertue to words and others hold that the Pope took away all the vertue from the Greek words and put it into the Latin then they differ exceedingly whether the body of Christ came at the first word hoc or at the second word est some hold that there is much vertue in the word enim by vertue of the Popes Vnction and that when the word enim is pronounced if the Priest stop there then it is 3 parts flesh and 2 parts Bread because the Lutherans that hold Consubstantiation say they are wiser then the Papists for they eate bread with