by the Authour That God who will blesse the righteous * Psal 5. 12. compasse you about with his favour as with a shield and make you as Angels of God to discern the condâ—oements of this poor Nation and to quit your selves in all manner of worthy and prudent actions with all faithfulnesse accordingly This is the prayer not in face or words but in heart and soul of Your Honours most constantly devoted Servant in the Lord JOHN GOODWIN From my Studie May 17. 1647. ¶ The Contents of the ensuing Treatise THe Ministers great Contributioners to our late and present troubles Sect. 1. The weaknesse of their Addresse to the Generall and Councel of War for the taking them off from assisting the Judiciarie proceedings against the King Sect. 2 3 62 63 64 65. God himself cautioneth against the exemption of Kings from Humane Justice Sect. 3 4 c. A Law of the Land for putting Kings to death as well as other men § 5 6 7 The Plea drawn from the incompetencie of any Authoritie to question or sentence the King answered Sect. 8 9 10 c. The King especially under Delinquencie not superiour no nor equall to the bodie of his People Sect. 9 10 11. and 29. The People have a lawfull power to change their Government when they see just cause Sect. 11 12 c. Rom. 13. 4. Vindicated against the critique Annotation of Doctour Hamond Sect. 13. 1. Petr. 2. 13. Vindicated against the said Doctour Sect. 14 15 16 c. The Doctours Arguments for the immediate derivation of Kingly Authoritie from God answered Sect. 20 21 22 23 c. Par in parem non habet potestatem a rule in some cases none in others Page 29. 30 c. The greatest necessitie lightly imaginable lying upon the Armie to purge the House as they did Pag. 130 131 c. Argument drawn from Scripture injunction to obey Kings and Rulers answered Pag. 32. Who are to judge when or whether Kings be Tyrants Pag. 33. The Parliament a true Parliament and in a capacitie of â—recting a Court of Justice for the Triall of the King Pag. 34 35. Not under force Pag. 36 37 c. The non-concurrence of the House of Lords disableth not the Act of the House of Commons concerning the Triall of the King Pag. 38 39 40 c. The execution of Justice when neglected by the Magistrate dâ—vâ—lves of course to the People Pag. 41 42 44. The fact of Phineas so of Ehud reducible to ordinarie and standing rules of dutie Pag. 43. 44 c. The Ministers Plea from the Covenant answered Pag. 48 49 50 51 c. Reason why the Ministers build so much upon the Solemn League and Covenant Pag. 56. Argument from the Oath of Allegiance answered Pag. 57 58 59 â— Not necessarie that all accessaries in all cases of murtherous ingagements be punished with death Pag. 61 62. Why the King rather to be punished than his instruments P. 62 63 64 c. The Ministers Plea from the punishment of the Kingdom of Israel and of Sauls posteritie for Saâ—lâ— violation of the Oath made to the Gâ—â—â—onites answered Pag. 66. The Ministers put darknesse for light c. Pag. 67. being â—…â—eâ— the worst of all Sectaries Pag. 6â— How weakly they plead their opinion from the Scriptures Pag. 69. The notoriouâ— untruth of their Plea taken from the constant judgement of Protestant Divines Pag. 70 71 72 c. The Plea drawn from deâ—ect of Presidents answered Pag. 77 78 79 c. The Plea from the un-accountablenesse of Kings unto men answered Pag. 82 83 c. Psalm 51. 4. Against thee thee onely have I sinned opened P. 86 87 88. The King had suffiâ—iâ—â—t means to know that his life might lawfully be taken from him for such pâ—â—pâ—rations as he practised Pag. 88 89 c. The taking of the Protestation and Covâ—nant after his ingagement in bloud by the Parliament and Kingdom was no sâ—are upon him Pag. 89 90. The King no wayâ—s defensible by plea of Innocencie Pag. 90 91 92 c. His confession or concession rather of bloud-guiltinesse though in appearance politickly provisioned yet no argument of such depth of wisdom as some attribute to him Pag. 95 96. A bâ—iâ—f touch upon the Kings Book so callâ—d Pag. 96. The bloud shed by the King no bloud of waâ— in any excusing sence Pag. 97 ¶ The Contents of the second Treatise M r Geree stumbleth at the threshold Pag. 100. The reason of his Dedication ibid. Mr Geree no friend to the Parliament though gratified by the Assembly Pag. 101. He condemneth himself Pag. 102. Prejudice an effeminate Passion Pag. 103. In stating the Question between him and Mr. G. he mistakes in every particular and besides conceals some things necessarie thereunto Pag. 103 104 c. M r. Geree pleaseth himself in finding out imaginarie buls Pag. 108 112 Popish writers in points extra-controversall as acute and sound as Protestant Pag. 110. M r. Geree confutes by the Authoritie of such Principles as this What the Word of God saith in one place it must needs say in every place Pag. 111. Not the same reason of subjection to Magistrates from Subjects which is from servants to their Masters ibid. M. Geree jears at new lights Pag. 112. How and how far Oaths to be taken according to the intentions of those who administer them Pag. 113 114 c. M r. Gerees four arguments to justifie the sequestered Members of Parliament answered Pag. 115 116 117 c. The Kings Concessions voted large by M r. Geree and M r. Ptynne antivoted dangerous and destructive by the Reason of one and the Religion of another Kingdom Pag. 117 118 c. An un-princelike Principle in Princes seldom or never to keep Faith with their People upon discontents Pag. 122 123 c. The King according to Mr. Prynne the avowed servant of the Pope P. 124. his distast against the English nation hereditarie Pag. 125. The Parliament would not have been invested in the peoples affections by any recommodation with the King Pag. 127. A DEFENCE Of the Honourable SENTENCE passed by the high Court of JUSTICE upon the late KING Sect. 1. IT is somewhat a slight Proverb but carries an Sect. 1. experienced Truth in it of good portendance to the Common-wealth that Good ale sieldom wants a friend on the beneh But that vile Actions Oppression Tyranny Treason Rapine Depopulations Murthers horrid Murthers yea the evident exposall of a poor wasted Nation to a re-suffering of her late endured miseries and extremities should find so many Friends in the Pulpit and amongst Pulpit-men as is notoriously known they do at this day is matter of a far more deplorable and threatening import unto the Nation That those fourtie odde Ministers of Jesus Christ nam quoniam vult Alexander Deus esse Deus esto or rather the stickling part of them for some were rather subscribed than subscribers yea some I understand have repented of
OF OUR OWN 4. If the Parliament of England because of the sequestration Sect. 36 of some of their Members by the Army were under force or in no capacity to act Parliament-wise doubtlesse the Parliament of Scotland now sitting is much more under force and upon this account all they have acted since the first of their sitting or shall act yet further must be null yea more formally and apparantly null than any the Acts of the present Parliament of England For about six moneths since the Army of the Parliament of Scotland which invaded this Kingdom being by the blessing of God overcome those that now govern affairs there who were before oppressed by them raised forces of their own Authority and by force caused them who See the Parliaments Declaration o◠〈…〉 17. 16â—â— Pag. 12. 13. had the Parliamentary Authority to flee from Edenburgh and by the help of the English forces than in the North invited to their assistance did compell the disbanding of the forces there remaining that were raised by the Parliament and having modelled their own forces did call another Parliament while the former was by Adjourment continued and gave such limitations to the new Elections as they judged most for the interest safety and peace of that Kingdom And that Parliament hath since sat under the Protection of those forces so raised So that the present Parliament of England is much more free than the Parliament of Scotland For 1. The Members of the former were Elected without any limitations prescribed to or about their Election whereas the Election of the Members of the latter was incumbered and not carried or made with the like freedom 2. The Parliament of England now in being was not brought in by force over the head of another Parliament legally chosen this being forced to flee to make way for that which is the case of the Scottish Parliament 3. And lastly the Parliament of England sitteth under the Protection of forces raised by their whole body and whilest all their Members had full liberty to sit whereas the Parliament of Scotland is attended for their security by forces raised by some few of them onely the forces raised by their free Legall Parliament being by force compelled to disband But 5. That the Parliament of England acteth freely and not as Sect. 37 under any force since the want of their secluded Members or at least as freely as they did before is evident because they now act by the same principles and according to the same genius by which they acted whilest those Members sat with them though by the number and potent influence of these Members upon the House matters were still over-ruled in opposition to them as well as to the liberties and safety of thâ— Kingdom 6. There is no colour to judge the Parliament now sitting to be under force in as much as those under whose Protection they sit are their reall cordiall and â—ried friends being their own Army raised by themselves and who have stood by them and by the Kingdom with all faithfulnesse and with the eminent hazard of their own lives from the first untill now Do mâ—n use to be afraid of their friends their known their long their throughly experienced friends Suppose they had been under such a kind of force which had strongly inclined them to act contrarie to their judgements I mean contrarie to such principles as by which it is like they would have acted in case such a force had not diverted them yet unlesse it can be proved that those judgements of theirs according unto which it is supposed they would have acted in case no force at all had influenced them were consistent with the liberties peace and safety of the Nation which consistencie hath not yet been proved nor ever will there can no sufficient reason be given why their acts should be judged null or illegall It is the saying of Seneca It is an happy necessity which compelleth men to better 〈…〉 câ—â—pâ—… wayes than otherwise they were like to take And in case Parliamentary Acts should be questioned in point of legall validity uâ—on a supposall yea and this in some degree reasonable that Parliaments at the time of their transaction were under force or which is the same under fear of acting otherwise upon this account the validity of all Parliamentary Acts whatsoever in this Kingdom if not in others also will be obnoxious and liable unto question For it may very reasonably be doubted whether any Parliament were ever so free in the passing of any Act but that they were under fear either of the King and his power and party on the one hand or of the people and their discontent on the other and consequently whether ever any Parliament acted with such precisenesse of liberty or freedom as that the genuine and native ducture of their judgements was no wayes touched or wrought upon by any influence of persons or things feared by them If it be yet objected yea but it was onely the House of Sect. 38 Commons that voted the Erection of that Court of Justice which gave sentence against the King The House of Lords concurred not with it Therefore the Authority of this Court was illegall it being contrarie to the fundamental Laws of the Kingdom that either of the two Houses should assume unto themselves or exercise a compleat Parliamentary power without the concurrence of the other I answer 1. Many talk of the fundamental Laws of the Kingdom who I beleeve understand not at least consider not what the word fundamental imports Certain it is that no other Law or Laws of this Kingdom can with any propriety of speech be termed fundamental but onely such the observation whereof by the body of the Kingdom is of absolute necessity to the wel-being of it And no lesse certain it is but that the welfare and prosperity of this Kingdom may stand without any house of Lords at all and much more without their concurrence with whatsoever the House of Commons shall passe in order thereunto Upon the same ground evident it is that the Trial of Malefactours or Delinquents especially in extraordinary casâ—â— of Delinquencie by Juries is no fundamental Law of the Kingdom in as much as the wel-being of the Kingdom may subsist as well without it 2. All Authority and Power of Government being originally Sect. 39 and fundamentally in the people as hath been already proved at large they have a just and legall power in their Representative which is the House of Commons without the Lords to act and do whatsoever they rightly judge conducible to their wealth and safety especially when the Lords shall refuse to concurre with them in such things It is unreasonable to conceive that it should be a matter of sin or unlawfull for a Kingdom to make provision for it self and it is own good unlesse such or such a small party amongst them who prefer their own undue personal Interests before
these transactions In so much that that of the Apostle may be applied and spoken unto them with aggravation and advantage Therefore thou art in excuseable O â—an whosoever thou art that judgest for wherein thou judgest another thou condâ—mâ—est thy self for thou that judgest dost the same things * â—â—m â— â— The Ministers were they who deposed the King and consequently who according to the common and known processe of Law and Justice in the Kingdom exposed him both to that judiciary Trial whereunto he was brought as also to that Sentence which passed upon him For a King deposed is no longer a King but a Subject and consequently as subject I mean according to the ordinary current and course of things unto Law and Justice as ordinary Subjects are The Ministers with their party clearly deposed the King when they denied their subjection unto him withdrew their obedience from him acknowledged and submitted unto a power as Superiour unto his viz. the Parliament levied war against him as against a Traitour Rebell and Enemy to the Kingdom chased him up and down the land from place to place confiscated his revenews and at last imprisoned his person But this Doctrine with a further explication and proof of it hath been lately taught them with Authority and Power by another pen * Tenâ—â—e of Kiâ—gâ— and Magiâ—â—â—â—teâ— by J M pâ—g â—9 â—â— c. the Sermon being in print needs no repetition So then were it granted that the Protestation Vow or Covenant did positively and without any proviso injoyn the preservation of the Person and Authority of the King neither they who brought him to trial nor they who sentenced him can be looked upon as Covenant-breakers in either of these actions because neither he who was brought to that Trial we speak of nor he who was sentenced was a King when these things were done to him but onely a Subject that had been a King in his dayes but was now devested of his royall office and power by the Ministers of London and their partisans and reduced to the rank and condition of a Subject and this none of the greatest neither There is not the least jot or title in the Covenant concerning the Preservation or Defence of the Person and Authority of any man that sometimes was or had been a King nor the least mention of any restraint from bringing to triall or giving sentence against such a person being a Delinquent Therefore there being no Law in the Covenant against the trial or sentencing of such a person there can be no transgression in either against the Covenant Again 6. And lastly Suppose the Ministers were gratified with Sect. 51 their undue supposal viz. that the Covenant injoyns the Presâ—rvation of the Kings Person and Authority without any reciprocal indenting with him for the preservation of Religion and Liberty yet there being two expresse clauses in the Covenant the one injoyning the preservation of the Liberties of the Kingdoms the other the bringing of Incendiaries and Malignants unto condign punishment either of these falling in competition with that concerning the preservation of the Kings person swalloweth up the obligation thereof For that is a true Rule which Peter Martyr delivers as elsewhere I have observed * â—…ht â—nd â—â—â—hâ— c. pâ—â— 30. that when two duties or commands meet in such a strait that they cannot bâ—th receive that honour of observance which otherwise belongs unto them both that which in the judgement of the Law-giver is the greater ought to be observed and the lesser to give place * Now 〈…〉 P Mâ—â—t â—n â— Sâ—â—â—â— â— â— first certain it is that as well the one as the other of these two duties the preservation of the liberties of the Kingdom the bringing of Inâ—endaries and Delinquents to condign punishment are far greater duties of far greater moment and consequence than the Preservation of the Kings Person and Authority the highest service imaginable of his Person and Authority in their best preservation being the procurement of these which are very well procureable too without them and 2. no lesse certain it is 1. that neither the preservation of the Kingdoms Liberties nor 2. and this more appâ—rantly thâ—n the former the bringing of Delinquents to condign Punishment were consistent with such a preservation of the Kings person Authority as the Ministers deem the Parliament Army and others obliged unto by the Covenant Late and lamentable experience shewed how near the Liberties of the Kingdom were to ruin by occasion of the preservation of the Kings person onely and that onely for a season though his Authority was kept under hatches It was the Preservation of his Person that gave life and breath and being to those dangerous insurrections in Kent Essex London Surrey Wales c. by means whereof there was but a step between the Liberties of the Kingdom and perpetuall enslavement It was the Preservation of his Person with hope of a restitution of his Authority that administred strength unto Scotland to conceive the conquest of England and to make the attempt by invading it with an Army of about if not above 30000 men unto whose teeth doubtlesse this Nation had been a prey had they not fought from heaven had not the stars in their courses fought against them And had his Person still been preserved especially with his Authority according to all experiments which the world hath made and had in such cases yea according to all principles as well of Religion as of reason and policy it would have been a spring or fountain of bitter waters unto the land and a darkening of the light in the heavens thereof But more of this elsewhere And instead of bringing Delinquents unto condign punishment it cannot in any rational Construction but be supposed that it would have been the lifting up the heads of such persons unto undeserved places of honour This with the other particulars argued upon the point of the Covenant duly considered is it possible to imagine that the Ministers should find in their judgements or consciences or any where else but in their degenerous and ignoble ends the least colour or pretence to declaim against the Parliament and those who adhere to them in their proceedings with such wide and open mouths with such multiplied and incessant battologies of Covenant-breaking Covenant-breaking Covenant-breaking as they do for their honourable proceedings against and royal execution of Justice upon the Person of the King or to think that such Scriptures have any hard aspect at all upon them or their actions as that which they manage against them Shall he prosper shall he escape that doth such things Or shall he break the Covenant and be delivered As I live saith the Lord seeing he despised the Oath by breaking the Covenant when lo he had giveâ— his â—and he shall not escape c. Ezech. 17. 14 15. c. Have they not much more cause to fear that the Spirit which speâ—k in such
now let the fear of the Lord â—e upon you take heed and do fr there is no iniquitie with the Lord our God nor respect of persons nor taking of gifts â— where first it is observable that not onely 〈…〉 Kings but Judges also inferiour in place unto them judge for God i. in the place and office of Judicature represent God himself or perform that work which properly belongs unto God himself therefore ought to behave themselvs in all acts of judgement as their consciences tell them that God himself would do in case he sat in judgement himself and were to give sentence with his own mouth 2. That though God doth not sit or appear visibly with such Judges when they sit in judgement yet he is after a very peculiar manner with them at such times who iâ— or will be with you in the judgement viz to observe narâ—orowly with what courage conscience and integritie they act for him and how they represent him upon the tribunal and so to assert and vindicate them in every just sentence against any person or persons how great soever and of whose face otherwise they might be afraid 3. That such Judges as these are in a more especiall manner to take â—eed that in matters of judgement they do not mis-represent God either first in respecting mens persons or 2. in taking of gifts 4. And lastly that it was a godly and wise King who said unto inferiour Judges created and deputed by himself that they were nâ—t to judge for man i. with respect to any humane Interest whatsoever no not his own but for the Lord. i. with an intire respect to the Interest of God and so that he may not suffer in any of his Attributes through any unworthy carriage of theirs in their places A like passage we have from Moses also Ye saith he to the Judges appointed over the people shall not respect persâ—ns in judgement you shall not be afraid of the face of man for the judgement is Gods Deut. 1. 17. So that if we ought to judge it a thing altogether unworthy of God and dishonourable to his infinit Greatnesse in case he sat in judgement himself and gave sentence immediatly to think that he would respect the persons of Kings in Judgement and sentence onely meaner men both being alike guilty certainly it is dishonourable likewise unto him and would be sinfull in an high degree if they who are intrusted to judge for him and in his Name place and stead should do the same I mean accept the persons of Kings or Princes how worthy soever of death and onely adjudge inferiour persons to the suffering of this punishment when they prove guilty hereof Were not this to represent God unto the world as an accepter of persons and so to turn the glory of his unpartial justice into a lie And might it not be more properly and truly said of such Judges that they judge for man and not for the Lord Doth the Law of the most High God know any man after the flâ—sh Or is it afraid to say unto Kings ye aâ—e wicked or when they shed mans blood that by man shall their bloud be shed Is it like to a spiders web which serves to catch smaller flies but hornets break through and escape It is a frivolous pretence to say that Kings are accountable Sect. 4. unto God when they transgresse his Law though not unto men and in this respect the Law of God is not made void in respect of them though they should not suffer for their transgression of it from the hands of men as others do and ought For even those also who suffer and in the judgement of these ministers themselves ought to suffer from men for the transgression of the Law of God as in the case of murther or the like are neverthelesse accountable unto God for their transgression their suffering from men notwithstanding So that if an accountablenesse unto God for the breach of such laws of his which are punishable by men were a due ground of exemption from suffering in the courts of humane Justice not onely Kings but Subjects also of all sorts might justly challenge that exemption in this kind which is contended for by our Ministers as the Prerogative of Kings And if the Lawe of God should priviledge Kings against the barre of humane Justice for what crimes soever leaving them accountable onely unto God and not indulge the like favour unto meaner men but make thâ—se for their delinquencies answerable to both tribunals should they not together with the Law-maker himself benototiously partiall Or what is partialitie in Laws or Judgement if to blend an equalitie in cause with an inequalitie of a sentence be not This respect of persons in judgement is elswhere and that frequently very severely prohibited by God See Levit. 19. 15. Deut. 1. 17. Deut. 16. 19. Prov. 24. 23. c. Against this Authority of Heaven which arraigns even Kings 〈…〉 5. themselves as well as persons of inferiour rank at the bar of Earthly Judicatures it is more than in vain for our Jure-Divino men to oppose a Jus humanâ—m or rather a defect of Jus hâ—maâ—um to inhibit the processe Ought not Christ to be worshipped as God because the Senate of Rome refused to apotheize him Or must such a Law of God which is both naturall and positive the Law which commands life for life the the life of the murtherer for the life of the murthered is such be over-ruled for the gratification of Kings to their own and the worlds undoing with them by a meer non-ens or by that which is not Or is this good Logico-Divinity There is no Law of the land no Law of man for the calling of Kings to account for any crime what soever no not for murther it self therefore the law of God which imposeth a sentence of death upon murtherers without all exception or respect of persons must be of none effect in respect of Kings when they murther The Sertâ—es and Pharisees of our Saviours time were sharply reproved by him for making the Command of God of none effect by their tradition * Mâ—â—â— 15 â— Yet these men had some thing they had their instrument such as it was they had their tradition wherewith to work this prophane feat the making the Commandment of God of none effect The Moses-chair-men of our dayes make account that they are able to remove a like mountain without any instrument or means at all onely by they want a tradition which should make it stand fast But what if there be a clear Law of the Land for putting even Kings to death when they commit murther Doubtlesse that law of the land which sentenceth murtherers with death as it specifieth no particular rank or calling of men whereunto it is to be limited so neither doth it particularize any order or degree of men by way of exemption Therefore since there is a Law of the Land clear enough
the publick Interest and welfar of the Nation should consent and joyn with them therein That Law or Custom of the Kingdom which placeth the supreme Authority or power of Government in the three Estates of King Lords and Commons doth it upon this presumption or ground that they all would and should joyn consent and agree in and to all such things and transactions which make for the benefit and wel-being of the Kingdoâ— So that when this presumption â—â— ground faileth as when either the King or Lords refuse to consent unto things of such a tendencie and import that Law or Custom we speak of lose their interest and force of Obliâ—â—tion yet without any violation of their intention For it is not imaginable that any such Law should ever be enacted whereby a Kingdom should be denied a liberty or right of power to provide for it's own wel-being and safety unlesse those that are enemies to the making of any such provision would consent notwithstanding that it should be made Therefore though the Erection of a Court of Justice by the House of Commons without the Lords be contrarie to the letter and out-side of the Law yet a requisitenesse of it supposed in order to the peoples good it is of perfect compliance with the spirit and soul of the Law But 3 And lastly suppose that which is the height of suppositions Seâ—t 40 that can be made against the Justice of that Sentence â—ow under defence and withall far from truth viz. that the Parliament by whoâ—e Authority the said Court of Justice was founded and created waâ— no formall legall or complete Parliament yet will not this neither disable the Justice or righteousnesse of the Sentence unlesse it could be further supposed which apparent Truth prohibiteth any man to suppose that there was some other Magistrate one or more superiour in place and Authority to this Parliament who probably would either have erected alike Court of Justice for the same end I mean for the Capitall triall of the King or else have called him to the â—ar of some Court of Justice already established and prosecuted the same triall here For doubtlesse the execution of Justice and Judgement is so absolutely and essentially necessary to the preservation and well-being of a State or body politique that both the Law of God and nature doth not onely allow it iâ— any member one or more of such a body in their order turn and course 1. when those who are peculiarly deputed for such Execution shall neglect or refuse it as viz Magistrates and Judges but even calleth them unto it and requireth it at their hand in such cases The Execution of Justice in order to the peace safety of the Publick is not a work so appropriate to the office or calling of a Magistrate but that when they in all their subordinations shall neglect it it devolves as it were of course unto those who are not Magistrates yea by â—â—y of duty and necessity unto such who have opportunity and means to perform it This is the clear sense both of God and men When God first published unto the World that great Law Sect. 41 of Justice against murtherers mentioned Gen. 9. 6. he did not limit or confine the Execution of it unto Magistrates or draw it up in such terms as these Who so sheddeth mans bloud by Magistrates shall his bloud be sâ—ed but thus by man shall his bloud be shed doubtlesse to imply that the Execution of this Law doth concern every man in his order and place and not the Magistrate onely in his the Magistrate indeed first but then others also under his deficiency The like intimation I conceive is given afterwards where this Law at first given unto and imposed generally upon all flesh is particularly inserted and that several times amongst those Laws which God himself was pleased to prescribe unto the Nation of the Jews He that smiteth a man so that â—e die shall be surely put to death Exod. 21. 12. So again He that killeth any man shall be surely â—ut to death Levit. 24. 17. The word SURELY import's that though the Magistrate be unfaithfull in his place and shall neglect to put the Law against murther in Execution which is here it seemes supposed that sometimes he will do yet the murtherer must not so escape He shall surely be put to death if he to whom it more properly and peculiarly belongs to administer justice in this case shall prove like a sliding foot or broken tooth to God and that people which hath set him over them and neglect the administration yet shall they to whom the said administration belongeth in a secondarie and more generall way supply that which is wanting in the Magistrate on this behalf In like manner our Saviour himself repeating and confirming though in other words the same Law Mat. 26. 52. doth not expresse it thus All they that take the sword shall perish by the sword of the King or of the Magistrate as if there were none that had right to execute justice upon such in case these refused it but in the general and without confinement to the sword of Magistracie thus All they that take the sword viz. to do violence to the bloud of any man shall perish by the sword It is much considerable to the further clearing of the point in hand that God in delivering those politick or judiciall Laws unto the Jews which he judged meet for their Politie useth the same form or tenour of compellation wherewith and wherein he delivers the Morall Law unto them with the respective precepts thereof As he directeth these to the whole body of this people divisim conjunctim sometimes in the second person singular as THOU shalt â—â—â—â— no otâ—â—r Gods before me THOU shalt not make to thy self any graven image c. Sometimes again in the same person plural as YE shall not make with me Gods of silver or Gods of gold Exod. 20. 23. YE shall not trouble any widow c. Exod. 22. 22. which manner of expression implies that obedience unto the things commanded appertains unto and is expected from them all so doth he in â—â—â— delivery of the Judiciall Law and the particulars thereof addâ—â—sse himself to the generality and body of the people also aâ—â—er the â—ame manner â—â— THOU â—â—â— aâ— Hâ—brew servant â—e shall 〈◊〉 sâ—â—â—â—â—â—s c. Exod. 21. 2. THOU shalt not â—uffer a witch 〈…〉 Exod. 22. 18. THOU shalt not overthrow the right of 〈…〉 Exod. 23. 6. c. So again Also saith 〈…〉 Mosâ—â— Thou shalt spâ—ak unto the children of Israel sayâ—… 〈…〉 die and have no son then YE shall turn his inheritance untâ—â—is daâ—gâ—tâ—â— And if he have no daugâ—ter YE shall give his inheritance unto â—is brethren c. Numb 27. 8. 9. see also veâ—s 10. 11. So YE shall appoint the Cities to be Cities of refuge c. Moreover YE shall take no recompence for the life of the murtherer
he musters up those worthy names of men Mr. Sect. 4. Biâ—ield Cartwright Traverse Dod Bradshaw Jewell Reynolds Whitaker c. before those worthy Ladies to whom he applies himself in his Dedication with an insinuation that these men were of his opinion and spirit and would have protected Murtherers if Kings against the Law of God and the justice therein commanded to be executed by men upon this generation of evil doers and takes up an effeminate indeed a ridiculous lamenation over his Religion as if that were like to suffer shame by those men and those actions which are like to be a praise and an honour to it in all generations he doth both the one and the other in a regular comportance with his Design in his Dedicatees knowing that fabulous and light presumptions intermixt with some pathetique strains commonly do more execution upon Feminine Spirits than seven Masculine Demonstrations I have ground in abundance to suppose that had those worthy men he speaks of lived in these dayes and stood off as clear from that besotting interest of High Presbytery as some of them did from that of Episcopacy they would have found no fault at all in those persons or practices which it seems were the abhorring of M r Geree's Soul But why he should commend himself to his Lady Patronesses and in them unto the World as so Grand a sufferer under the Bishops Chancellours Courts High Commissions c. and not somuch as mention his sufferings under and from the Parliament which were much greater than any endured by him under the Bishops I cannot conceive unlesse it were to conceal the sore of his Malignancie for the noysomnesse whereof he was Sequestred from his living in Tewksbury that so he might not too much discover himself to be an Enemy to the Parliament at least in the former constitution and proceedings of it before the late garbling by the Armie inasmuch as such a discovery as this must needs have been a grand prejudice to his project in his Book But they who shall attentively read this Book of his will find not onely that he owneth not the Parliament at all in no constitution of it since the late King forsook it but that upon all occasions he â—â—ily reflects disparagement upon it as pag. 18. where he insinuates the Parliament into a Community of erring for depriving the King of his Power over the Militia of the Kingdom notwithstanding his exercising of this Power to the miserie and ruin of the Kingdom And had not his good friends in the Assembly out of a prudent apprehension that he though an Anti-Covenanter might yet befrind them at a back door baulked with their own Principles that I say not Consciences to gratifie him and make him free of the Presbyterian corporation without putting him to the Test of the company I mean the taking of the Covenant he had wanted the covering of a Church-living and so the nakednesse of his Anti-Parliamentarie Malignancie had appeared unto all men Whereas in his Preface he obliquely upbraids me as being Sect. 5. either through want of wit or honesty an Abettour to a prevailing Faction they that have but any competent knowledge of my Spirit and of the course I have steer'd in the world all the dayes of my vanity hitherto will I know be my compurgators from this imputation and testifie on my behalf that undue compliance with any Faction or Partie whatsoever whether prevailing or failing hath been none of my at least visible sins It is well known not onely to my familiar friends and acquaintance but I presume to thousands more how small and faint correspondencie I have or hold with that Faction as M r Geree counts Faction which dogmatizeth with me about matters of Church-government and which he looketh upon as prevailing My Interest in these men though it was never much considerable yet was it much more whilest they were the tail and the high Presbyterian Faction the Head than it hath been since the turning of the Wheel if yet it be turned or than now it is But whereas he advances this decision that confidence in a Sect. 6. dubious case doth argue either great shallownesse or deep prejudice arising either from doting affection or unworthy Interest I marvail that a man pretending to such signall abilities of learning judgement understanding c. as Mâ— Geree doth in this Tract should not Apprehend and see that this dart striketh through his own liver as well as mine For if the case depending between him and me be dubious and he every whit as confident as I am or lightly can be in his Determination and Judgement upon it which the Spirit ruling all along his discourse abundantly witnesseth then hath he given sentence against himself as a man either profoundly shallow or deeply prejudiced either through doting affection or unworthy Interest though for my part I apprehend no such Antipathie between shallownesse and prejudice whether arising from the one cause or the other but that one and the same earthen vessel may well be a receptacle of them both Yea I look upon prejudice as not occasionable either by Interest or affection without the influence of much shallownesse upon the production For what doth prejudice as well in the very Grammatical notation of the word as in the nature of the thing it self import but an immature act or conclusion of the Judgement as viz. before it hath had either time or opportunity or else the consent of the will to inquire out and duly weigh such arguments which according to the principles of sound reason are sufficient to raise such a Conclusion upon The Truth is that prejudice is as effeminate and weak a passion as is incident to the nature of man Whereas he magnifies himself against me as a man that had Sect. 7. discovered such weaknesse in the patronage of errour I make no question but that he who hath so much of a man in him as to consider duly before he judgeth will upon such an account judge my weaknesse as he is pleased to call weaknesse too hard for his strength and my Errour for his Truth Certain I am that the sence of some of those Parliament-men themselves yea some of the ablest of them whom Mâ— Geree accuseth me to have accused causlesly yea and of some others of their most judicious friends is otherwise Onely herein I confesse they agree with him pretending that I have as to the men onely accused but not made good the Errour objected But whether I have onely accused the Parliament Members and not made good the Errour objected or whether he hath not onely justified them without making good any ground of their justification in those particulars wherewith they are charged by me we shall in due time ingage not strangers or enemies but their own actions and counsels to determine In his right stating of the Question as he pretends he deals Sect. 7. unrighteously For 1. he supposeth some
Thou see'st not whom thou see'st then doe not say That this is HEE who cash a lump of clay Without it's soule a manâ— thou see'st neâ— more Nay but the SHADOW of that lumpe what 〈…〉 Of gifts and graces what perfections rare Among ten thousand persons scatt'red are Gather in one Imagine it to bee This SHADOWES substance and then say us HEE DT G G scâ—â—t ὙβÏιστοδικαι THE OBSTRVCTOVRS OF JUSTICE OR A Defence of the Honourable SENTENCE passed upon the late KING by the High COURT of JUSTICE Opposed chiefly to The Serious and Faithfull Representation and Vindication of some of The Ministers of LONDON As also to The Humble Addresse of D r. HAMOND to His Excellencie and Councel of Warre Wherein the Justice and Equitie of the said SENTENCE is Demonstratively Asserted as well upon clear texts of Scripture as principles of Reason grounds of Law Authorities Presidents as well Forreign as Domestique Together with A brief Reply to M r. Jolm Geree's Book intituled Might overcoming Right wherein the Act of the Armie in garbling the Parliament is further cleared As also Some further Reckonings between the said Dr. Hamond and the Authour made straight By JOHN GOODWIN But thou O God shalt bring them down into the pit of destruction bloudie and deceitfull men shall not live out half their dayes Psal 55. 23. Howl Fir-tree for the Cedar is fallen Zech. 11. 2. And all the people of the land rejoyced and the citie was in quiet For * So the former Transl read it 〈◊〉 and Trâ—mell Post qâ—â—â— â— after that they had slain Athaliah with the sword beside the Kings house 2. Kings 11. 20. Fiat Justitia ruat Coelum Ad Generum Cereris sine caede sanguine pauci Descendunt Reges siccâ morte Tyranni Juven 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hom. Odyss LONDON Printed for Henry Cripps and Lodowick LLoyd and are to be sold in Popes-head-Alley 1649. TO THE RIGHT HONOURABLE THE COMMONS of ENGLAND Assembled in Parliament RIGHT HONOVRABLE THe Glorious God who as Elihu saith accepteth not the persons of Princes * Joâ— â—4 19 hath by your hand cast down the mighty from their seat his next work I trust will be the exaltation of those of low degree by the same hand I mean the redemption of this poor afflicted distracted distressed and long oppressed Nation out of all her troubles I confes when I look upon the manifold grand discouragements which you still meet with from the unthankfulnesse of that People with whose liberties comforts and well being in every kind your soul daily is in travail I apprehend great cause of fear lest your hands should hang down from the work considering that the arm of omnipotencie it self contracted an impotencie when time was from the unworthinesse of those for whose sake it was otherwise readie to have lift up it self gloriously And he COVLD â—aith Mark speaking of the Lord Christ being now in his own countrey there DO NO MIGHTY WORK * Mâ—â—â— 6. 5. the reason whereof is plainly expressed by another Evangelist viz. because of their unbelief †Matth. 1â— â—â— â— by a metonymie of the effect put for the cause because of the frowardnesse and great aversnesse of their spirits either to inquire after or to consider of such things which were proper and effectuall being duly considered to have raised a belief in them that he indeed was their Messiah He COVLD DO NO mightie work for this People .i. he had no mind no desire the want whereof is an impotencie â—s to action to gratifâ—e so unworthy a generation of men at so high a rate Or else He could do no mighty work c. â— it was repugnant to the Law of that wisdom and righteousnesse by which as God he governs the world for him to do any matters of that sacred import for such men But he who once by himself could do no mighty work for a carelesse froward and thanklesse People at another time by Moses his servant was able and willing too to bring water in abundance out of a rock for the preservation of the lives of such men and their cattell whom Moses himself thought it no wrong to call Rebels * Mâ—â—â—â—â— 1â— 11. As the Devil whether through want of will or of power otherwise iâ— not so â—aâ—â—e to determine is not wont to work those mischiefs in the world immediately or by himself which he frequently worketh by the mediation of Witches and other Instruments anointed by him for his service so neither is the glorious God pleased to act such matters of Grace for the children of men with his arm unbared which he is many times readie and willing to do for them when he hath Agents at hand taken from amongst mâ—n pleasing to him and meet to make a covering for his arm in reference unto such actions Thus whilest he had Joshua by whom to negotiate the affair and so those Elders who had lived with Joshua and out-lived him he kept the people of Israel from Idolatry * Josh 24. 31. Afterwards he did the like by the hand of those Judges whom he was pleased in a way more than ordinarie to raise up and set over them whereas still in the intervalls between Judge and Judge which were sometimes larger and sometimes lesser he suffered this People to turn aside after Idols In like manner by the hand of the faithfull High-Priest â—â—â—â—â—ada whilest he was in being he steered the young King â—â—â—sh in wayes that were good but his Instrument and Steers-man failing him by death he suffered this King to ruin himself by groves and Idols †Esa 31 3. Examples in this kind are no â—arities in Scripture The 2 Chr. 24 â—â— 18. hope I have that God hath fitted you for a covering of complacencie and delight to his own arm in order to the lifting up of this poor Nation from the gates of death will not I trust make me ashamed I beseech you therefore know no discouragements after the flesh Your enemies arâ— mâ—n and not God and thâ—iâ— horses flâ—sh and not spirit * Wâ—â—â— the Lord shall stretch out his hand both he that helpeth your opposers and he that is holpen shall fall down and they shall all fail togâ—thâ—r There is but a stâ—p between those mountains which magnifie themselves against you and their melting down into plains You know who it is that onely by touching the mountains makes them to smoke If you value your selves by your selves and by your friends made of men you estimate your hay and stubble but forget your silver and gold The strength of the Almightie becomes yours onely by-laying claim to it and dependance on it How came Châ—mosh to be the god of the Moabâ—tâ—s or Ashtaroth the god of the â—â—donians Did these relations accâ—ue unto them upon any other account than meerly their own choise of these abominations to serve and worship them as Gods If you
constituent is above the constituted If we regard the derived and executive power in Parliamentarie Acts they make but a totall and compleat Soveraign power yet so as the Soveraign power of the Parliament being habituall and underived a prime and fountain power for I doe not here separate people and Parliament is perfect without the King for all Parliamentarie Acts as is clear in that the Parliament make Kings * Iâ—â—â— p 37â— It were easy to make the pile of such quotations as these from this Author far greater and to shew how frequently he stiles the King one while the Servant otherwhile the vassal of the Common-wealth So that our London Presbyters in their most audacious shamelesse and seditious vociferations and out cries against the Parliament as having no Authoritie or right of power to proceed as they did against the King and upon this effeminate account desperately charging the most exemplary Act of Justice and for which the world round about them yea even Kings and Princes themselves may have cause to blesse them in sentencing him unto death with the odious and horrid imputation of Murther do as well defie their own great Oracle of Presbyterie as the Parliament withall acknowledge men of greatest learning worth and parts in the Order of Presbyterie to be tainted with errours of as soul and hatefull a nature and import as any that are lightly to be found amongst those whom they honour with the ancient badge of Christianitie and call Sectaries M r Prynne another authour of their own supreme glorie Sect. 10 of their Interest in the Law as the former in Divinitie doth not onely acknowledge but voluminously and abundantly demonstrates if the frontispice flattereth not the bodie of his building the superioritie of our own and most other forreign Parliaments States Kingdoms Magistrates collectively considered over and above their lawfull Emperours Kings and Princes by pregnant Reasons Resolutions Precedents Histories Authorities of all sorts c. Our London Pulpittiers who abuse their credulous and malignantish Auditories by teaching for Doctrine this tradition of their own that the Parliament had no more right to deal by the King as they have done than a thief by the high way to take their purse should have acquitted themselves like men and deserved in part that Interest and Authoritie in the consciences of men which they expect and claim as their due if they had substantially answered the two Books now mentioned composed by Jachin and Boaz. * 〈…〉 the two great Pillars of their own porch before they had suffered themselves to be so deeply baptized into Shimer's spirit as to bring the railing accusation of Murther against the Parliament for their just and regular proceedings against the King Howsoever etenim fas est ab hoste doceri by what the two late named Authours have upon irrefragable premisses concluded it fully appears that the people or their Representative are superiour in power or authoritie unto the King and consequently that this Maxime Par in parem non habet potestatem suffered not by the Kings suffering under the Parliament Besides Reason it self gives the superioritie of power to the Sect. 11 people or Parliament and not to the King For 1. as the Apostle argues the preheminencie of the man above the woman from this consideration that Adam was first formed then Eve * 1 Tiâ— 2 â—â— so may we inferre the like prerogative of the people over the King The people were first in being the King takes his turn after them is not till they have been 2 The same Apostle concludes the same preheminence of the man over the woman from hence also that the man is not of the woman but the woman of the man * 1 Câ—r â—â— 8 The same foundation is as pregnant to bear the superiority of the people above the King The people are not of sprang not from Kings but Kings of and from the people 3 The same Apostle yet again derives the prementioned priviledge upon the man from this spring The man was not created for the woman but the woman for the man * 1 Câ—â— 11 9. In like manner it being evident that the people were not made for Kings but Kings for the people it follows merrily upon the same wheel that the people have the precedency in honour before the King 4 The servant is not saith our Saviour greater that his Lord * John 13 1â— but on the contrary the Lord then his servant Now the King bears the Relation of a politicall Servant or vassal to that State Kingdom and people over which he is set to Govern as appeareth by those three essentiall characters of servitude inseparably attending his office 1. Regulation or appointment of work 2. Wages in consideration of his work duly and faithfully performed 3. And lastly an obnoxiousnesse to a laying aside by the people when they see it meet The King hath his work of Governing appointed or set out unto him by the people in those Laws which they constitute and make for their own Government and his by their Representatives or Trustees in Parliament Secondly he receiveth such allowance or proportion in wages in consideration of his work in governing as the people or State whom he serveth herein judge meet and reasonable to conferre upon him For this cause saith Paul meaning for their work and faithfulnesse in governing pay ye tribute also viz. unto Kings or rulers as ye pay wages unto servants onely you pay it under another name the nature of this royall service being more Honourable than common services are and the exigency of it for your good requiring greater respects in terms and otherwise then inferiour services doe The Crown is but the Kingdoms or peoples livery Thirdly and lastly the Servant saith our Saviour abideth not in the house for ever 1. necessarily or upon any such terms but that his Master is free notwithstanding any Law of God or of nature to put him out of his house when â—e seeth cause yea though the cause be not very materiall or weighty but the Son abideth for ever * 〈…〉 In like manner the people I mean collectively taken have no Law of nature or of God upon them which prohibiteth them from laying aside a King or Kingly Government from amongst them when they have a reasonable cause for it Such a cause as this they have I mean that which is just and reasonable and competent for so doing when either they find by experience that Government by Kings hath been a nuysance to the peace or liberties of the people â—…nd apprehend by reason that if continued it is like still so to be oâ— find that the charge of maintaining such a Government hath been and if conâ—inued is like to be for the future oâ—e-barthâ—n'om to the State conceiving upon good gâ—â—und withall that another form of Government will accommodate the Interest of the State upon equall or better terms with lesse
the Doctour very inordinately pleaseth Sect. 21 himself as if it had made him some such promise as Peter once made to Christ that though all the rest of his Disciples should be offended at him and so forsake him yet â—e would not will be found deceitfull upon the weights and serve him no better than Peter did his Lord and Master at whom he was not onely offended but so deeply as to abjure him The notion or conceit we now speak of the Doctour makes to go far as poor men use to doe that little money they have and spreads it very thin to make it cover two pages or more of his discourse In which respect it is somewhat hard to gather it up clean or fix into a regular body of an argument Yet I suppose I shall not eclipse any part of the glorie or strength of it by casting it into this Hypotheticall form If no man by nature hath power over his own life so as that he may lawfully kill or destroy himself and yet Kings have such a power over the lives of all those that are subject unto them then cannot this power be derived unto Kings by men or from the people Sed verum prius ergo posterius The strength of the consequence stands in the Authority of this topique Maxime Nihil dat quod non habet Nothing gives that to another which it hath not it self And if the consequence be tight and will hold water it is a clear case that Regal or the supreme power â—â— not originally in the people but conferred upon the Supreme Ruler immediately by God To this Argument I answer by denying the consequence in the proposition The reason of my deniall is this because though no man .i. no particular or individual person considered apart by himself hath by nature any such power over his own life as is here mentioned yet as a Member of a Community or politique society of men he hath not simply a power but a necessity lying upon him by way of duty in order to the peace and civil good of this community to consent with others that his life also shall be taken from him by the hand of Justice as well as any other mans in case he shall wrong the community by any crime deserving death The power of life and death is eminently virtually in the people collectively taken though not formally And though no man can take away his own life or hath power over his own life formally yet a man and a body of men have power over their own lives radically and virtually in respect whereof they may render themselves to a Magistrate to laws which if they violate they must be in hazard of their lives and thus they virtually have power of their own lives by putting them under the power of good Laws for the peace and safety of the whole This is evident in all those who either make or consent to the making of any such Laws which inflict death in any case of misdemeanour deserving it First it is a clear case that they who are intrusted with a legislative power for the good of that community which intrusteth them stand bound by way of duty to enact or consent unto the continuation of Laws already enacted for that punishing with death such and such Transgressours against this Community as Murtherers Rebels Traitours c. 2. As clear it is that the persons we speak of who are of duty to joyn in and consent unto the making of such Laws are themselves as Subject unto these Laws being made as other Members of the same community 3. It is as little questionable as either of the former but that these persons both before and at the time of their making or consenting unto such Laws clearly know that themselves are must and ought to be thus subject unto them Therefore it is a noon-day truth that men by nature have such a power over their lives as voluntarily according to a due course and processe in Law to expose them to the stroke of publick Justice in case they shall offend that community whereof they are Members by any crime or crimes worthy death Nor hath the King himself any other power over the lives of any of his subjects but that which is thus conditioned and limited The King hath no power to take away the life of any of his subjects without cause no nor yet for every cause nor indeed for any cause but that onely which by the Law is made punishable with death Nor hath he any such power over any of his subjects or their lives which enables him to command any of them to be their own Executioners though by Law guilty of death yea and sentenced accordingly So that that principle Niiil dat quod non habet shew no countenance at all to the Doctours argument own any relation to it Men have such a power over their lives as is vested in Kings nor could Kings have any such power over them as now they have did not men themselves invest them with it and that in a regular and lawfull way Men have by nature a right or power over their lives whereby they may lawfully submit them unto the sword of a Lawfull Magistrate and consent that in case they shall commit things punishable with death by the Law they shall be taken from them thereby And what power have Kings over them but onely as hath been said according to the tenour of such a submission and consent as this Or upon what other account at least immediate doth even this power it self a cerve unto Kings but by the equitable force and virtue of such a submission and consent from the people The very image tenour and form of the power which Kings have over the lives of their subjects plainly sheweth it to be the off-spring or naturall issue of that power which themselves by nature have over the same And that men in some cases have not onely a power by nature but even a necessity by Religion to expose their lives unto death is evident from that of the Apostle John Hereby perceive we the love of God because he laid down his life for us and we ought to lay down our lives for the Brethren 1. John 3. 16. 1. To be alwayes ready and willing to lay them down upon any just occasion Besides if the power which the King hath over the lives of the people were as the Doctour supposeth immediately from God than he might lawfully execute the same and take away the lives of men without any mediating Direction or warranty from any Law at least from any politique or humane Law whatsoever For certain it is that the execution of no Commission immediately issued by God ought to be suspended upon or determined or regulated by any Commission or constitution of men But whether the King hath any regular or just power over the lives of men other than that which is proportioned formed set out and bounded
10. For it is possible that I may put you in mind of an evident Truth which perhaps you have not taken notice of that as the Original of Government in any particular place cannot be imagined to be by any more then two wayes either Gods designment or the peoples aâ—â— so in either of those two cases 't is God onely and not the people that gives the power of the sword or the power of life to the Governour c. As for the evidence of Truth in his Notion we have found it as clear as the Sun at mid-night For the raritie of it which he insinuates in those words which perhaps you have not taken notice of the truth is that between 30. and 40. years since when I was a young Student in Cambridge such Doctrine and devises all these that the people in their Election do but present an empty cask unto God and that he fills it with the wine of Royal Power and Authority that the Interest of the people extend onely to the nomination or presentation of such a person unto God who they desire might be their King but that the Regal power by which he is properly and formally constituted a King is immediatly and independently in respect of any act of the people derived unto him by God These I say or such like positions as these were the known preferment-Divinity of the Doctorate there and as the common air taken in and breathed out by those who liv'd the life of hope in the King and sought the truth in matters of Religion by the light of his countenance The Doctour hath accused me for a flatterer with much a do it seemes to forbear a deeper charge before his Excellency and Councel and the whole world pretending that he himself as composed a man as he is as little subject to admiration through the abundance of knowledge in him as another was amazed at the largenesse and exorbitance of my expressions that way But whether I be a flatterer or no for the Doctour spent in his charge faints in his proof most certain it is that he with the whole Legion of the Royal faction who generally hold and teach that monster as well in Reason as Religion that Kings are contable unto none but God are the first-born of that evil generation and by the unhappy breathing of that fulsome and importune principle alone into the ears and spirits of Kings have brought a world of troubles miseries and calamities upon the world yea have apparantly consulted shame miscrie to Kings and Princes themselves both in this world and that which is to come But we shall not trespasse upon the tenour of our present discourse by having further to do with our Royal Antagonist here there is an odde reckoning of an elder date between him and me which I shall endeavour to set straight in convenient place and there I shall answer further to my charge of flattery In the mean time we have I suppose upon sufficient and undeniable grounds evinced the superiority of the people over the King so that that State maxime Par in parem non habet potestatem Equall against equall hath no power may stand and yet the capital proceedings of Parliament and High Court of Justice against the King stand in honour with it But 3. Evident is is that that Law-principle we speak of Par in Sect. 27 parem c. though in ordinarie and most cases it may be admitted to umpire as a Truth yet is it not of that sacred or universal Truth but that with most other general rules founded upon humane observation and Authority it suffers the disparagement of an Est ubi peâ—cat and may upon circumstance be justly waved and declined It is to be supposed that two neighbour-States or Nations one no wayes relating unto the other but in neighbourhood of soyl or teâ—ritorie are â—ares equall neither superiour neither inferiour unto other Yet in case the Laws of neighbour-hood and of Nations be broken by the one the other may very lawfully repell violence with violence and in caâ—e they have power compell their delinquent neighbours to a regular satisfaction In like manner though it should be granted that the King and people in their Representative the Parliament are coordinate and so equall in their power which is all that the more considerate party of Royallists claim on the Kings behalf yâ—t in case the King shall turn the Interest â—f power which he hath against the people and be injuâ—ioâ—s and oppressive unto them they may veâ—â— lawfully and without any check from the polâ—â—ick axiome mentioned improve their Interest of power to compell him to a just satisfaction or otherwise to secure themselves from him So that as Mâ— Rutherford well observeth mutuall punishments may be where there â—e no mâ—tuall relations â—f superiority and infâ—riority * 〈…〉 Reâ— p 〈…〉 From whence likewise it plainly appeareth that the Rule so oft repeated and opposed to the Parliaments proceedings against the King onely takes place in such cases 1. When there is a a third power lawfully constituted over both the parties that are at variance 2. Where recourse may be had to this power for justice or redresse without running an imminent hazard either of losse of life or of sustaining some considerable damage in the inteâ—â—m Out of these two cases which are both cases of necessity though in different kinds it may be admitted for reasonable and equall that they that are equall should not exercise any power one over or against the other But the case between the King and Parliament was the former of these as hath been said and so is one of the two which are reserved from the specified Rule Yea 4 It is not onely true that in some cases and particularly Sect. 28 in those mentioned Par in parem may have potestatem one equall exercise a coactive power over another but that in some cases also even those that are Inferiour may do the like over their Superiours Where there is a civil bound Covenant or oath between an Inferiour and a Superiour this bond or oath being violated oâ— broken by the Superiour gives the Inferiour a â—ight of power to compel his Superiour to the performance of the terms â—atified by this bond or oath In case a Father gives bond to his sâ—n or makes any other civil contract with him valid in Law and conscience for the paâ—ment of 〈…〉 five thousand pounds at such a day if he peâ—form not accordingly the Son by the Law of Nations and by the civil Law hath a right of power to compel him thereunto So that though it should be supposed that the King simply and absolutely is Superiour to his people yet having entered into a civil yea and sacred covenant and bond with them the breach hereof on his part giveth unto them a Lawfullnesse of right or power to compel him to the terms of his agreement or to make satisfaction for his
consequence that the people formerly judged it meet to constrain him by an oath at his Coronation to exhibit it So that the Interest of declaring Laws resides wholly in the people But 2 Where there is no opportunity for the interposure of Sect. 32 other Judges the Law of nature and of nations alloweth every man tâ— judge in his own case When a man is encountred upon the way by a thief who demands his money and in case of refusall threatens and assaults his person this man is allowed by all Laws whatsoever that yet I have heard of but injoyneâ— by the Law of nature to become both a witnesse and a Judge yea and executioner too if he knows himself able in his own case as 1. to say unto himself this man assaulteth me and 2. to sentence him as worthy of blows yea of death it self for so doing if he refuseth to desist from his attempt yea and 3. in case of non-desistance to execute this sentence upon him if he be able by sâ—aying him When Hanun the King of the Ammonites by the counsel of his Princes abused 〈…〉 David in his messengers David took upon him and that without the violation of any Law to be Judge in his own case and committed the execution of the sentence which he awarded therein unto the sword of Joab and of the men of war with him So that when Kings turn Tyrants over their people the people themselves are competent Judges though they be parties and the case their own because they are not in a capacitie of making an application or addresse unto any other Judge for redresse of their wrongs Even as the late King took upon him to be Judge in his own case when he sentenced all those who served in the Wars on the Parliaments side against him for Rebels and Traitours and commanded execution accordingly But whether in such cases as those lately specified where no recourse can be had to other judges or in what cases soever men do not sin simply by making themselves judges in their own case for who is there but in any case relating to him undertakes to judge what of right belongs unto him But 1. in judging partially or unrighteously in their own behalf 2. In not suffering their own judgement to be over-ruled by the better sentence of a competent Judge 3. In not abiding with patience by the sentence or award of a Judge or Judges lawfully constituted and deputed for the cognisance of their cause upon a pretence or supposal of in-justice in it Thus then it is as clear as the sun that the topique Authoritie of this saying Par in parem non habet potestatem reflects nothing but peace upon the Sentence passed upon the KING Yea but say some we cannot approve the said sentence as Sect. 33 just in respect of those who awarded it The Parliament by whose Authority the High Court of Justice was erected were no legitimate or true Parliament or Representative of the people nor in a capacity of acting in a Parliamentary way a considerable part of their members being deteined from them by force and those remaining being under force To this I answer 1. The absence of twice so many members as were deteined from the house by force doth not at all maim the legitimacie or truth of a Parliament nor disable the legal Authoritie of it in respect of any Parliamentary end or purpose whatsoever fourtie sitting in the House being legally invested with the same power for all publick transactions which four hundred or the whole number of them could have in case they were present 2. The deteinment of some of their members from them by force doth not alter the case in respect of nulling the Authoritie or Parliamentarie power of those who did sâ—t especially they not consenting or being accessarie to such their deteinment Suppose some of their Members imployed by them in carrying Messages or Petitions to the King during the time of the Wars had been forcibly deteined by him would such a restraint laid upon them by the King have dissolved the Parliamentarie Authoritie of the House If it be said Yea but the Members who met and sat in the Sect. 34 House during the deteinment of their fellow-Members did unworthily in not demanding these fellow-Members of theirs out of the hands of those who deteined them or in case of being denied in this kind in not refusing to act in a Parliamentarie way any further untill they had been re-delivered unto them To this I answer 1. It doth not all relate to the point in hand whether the Members remaining in the House during the restraint of the other behaved themselves worthily and as became them in all points though I have nothing to charge them with to the conâ—rarie but whether they were a legal Parliament legal I mean in such a sence which imports a sufficient investiture or qualification according to the Laws of the Land with Authoritie or rightfulnesse of power to perform such acts which are lawfull onely for Parliaments to perform That they were not a legal Parliament in this sence hath not yet been proved nor I believe ever will I have heard nothing I know nothing so much as to colour or pretence such a supposall 2 They did demand the restitution of their deteined Members once and again But to infer from their being denied in this their demand or from the non-restitution of their Members especially receiving a satisfactoâ—â—e account from those who deteined them why they could not restore them that therefore it had been their dutie to have suspended all Parliamentarie proceedings considering in what a trembling and distracted posture the great affairs of the Kingdom then stood what is it but to make the miserie ruin and destruction of the people the duty of those who were intrusted with the procurement of their peace and safety But 3. Whereas the main Objection pretends that the Parliament â—ect 35 or Members remaining who voted the Erection of the High Court of Justice were at the time of this transaction and ever since under force unlesse the Objectours will pretend to know more in this point than these Members themselves they must acknowledge vanity and falshood in such a pretence For these in their late Declaration of Febr. 17. 1648. published by way of Answer to two letters sent unto them by the Scottish Commissioners plainly deny it For the said Commissioners in one of their letters pretending that the exclusion of some of the Members of the house by the Souldiery had occasioned many others to withdraw because they could not act as a free Parliament they repone to them these words pag. 15. of the said Declaration whether this be their judgement or the Commissioners own we know not if some Members that are absent be of that judgement that they cannot act freely we neither force their judgements NOR FIND OUR SELVâ—S UNDER ANY SUCH FORCE AS TO HINDER THE FREE EXERCISE
obnoxiouâ—nesse exposall or nakednesse of it to the stroke of the diâ—pleasure or just indignation of God see 2. Sam 21. 2. King 24. 2 3 4 c. Esa 4. 4. Jer. 22. 3. compared with 6. 5. Lam. 4. 13 14. Ezek. 16. 38 39. 22 2. â— 4 c. So that a Land or People are in a very dangerous and sad condition whilest they remain under pollution 2. As certain it is that a land which is polluted with bloud Sect. 56 cannot be recovered from under that danger of divine displeasure whereunto it is subjected by such a pollution but onely by the capitall punishment of him or them who have so polluted it For bloud saith God himself it polluteth the land and the land cannot be cleansed of the bloud that is shed therein but by the bloud of him that shed it * Nâ—â— 35. â—3 It is true where the number of accessaries or of persons drawn in to assist in any murtherous ingagement is very great it is not necessary for the purging or cleansing of the land that the bloud of them all should be shed especially when the Heads and Principall Actours in such ingagements are delivered up by hand of divine Justice to make the atonement For though the punishment or execution of Justice upon the murtherers which God requireth in order to the cleansing of a land for the present polluted with bloud requireth the bloud of the murtherer yet the end or intent of such punishment or execution is not the shedding the bloud of the offender but the effectuall prevention of like enormous crimes for the time to come Therefore when such punishment is inflicted upon Delinquents in this kind or Execution of Justice done which may reasonably be judged efficacious for the terrifying of bloudily-disposed men from attempts of bloud afterwards it is I conceive a sufficient expiation of the land and a competent re-enstating of it in the love and favour of God God himself in his Law declareth the end of that punishment which he commandeth to be inflicted upon malefactours to be the prevention of the like evils in others afterwards For having made a severe Law for the stoning to death of such persons that should intice away the people to Idolatry But thou shalt surely kill him and again And thou shalt stone him with stones that he die c. he subjoyns as the principall thing he intended by such an execution of Justice And all Israel shall hear and fear and shall do no more any sucâ— wickednesse as this is amongst them * 〈…〉 â—3 1â— 1â— A like passage we have again a few chapters after And the man that will doe presumptuously and will not bearken unto the Priest or unto the Judge even that man shall die and thou shalt put away the evil from Israel And all the people shall hear and fear and do no more presumptuously †〈…〉 â—7 â—â— â—â— The meaning is not that such an universall reformation as this should certainly or infallibly be the fruit or consequent of such an administration of Justice but that such a course would be proper and effectuall to produce it So then when Gods end in commanding the execution of Justice upon malefactours is sufficiently according to the principles of good reason and experience in like cases provided for there is no necessity of extending the execution especially in the height or rigor of it any further It is like Saul had many accessories and instruments counselling and assisting him in the cruelty which he practised upon the Gibeonites yet God accepted a sacrifice of onely seven of Sauls house himself upon another account being now cut off by death by way of atonement for the land If it be here replyed and said but why might not then the Sect. 57 King have been spared considering that there were besides him so many Capitall Offenders in the same ingagement with him delivered up to the stroke of Justice would not the cutting off of all these by the sword of Justice have been a sufficient atonement for the Land and provisionall in abundance against the like mischievous perpetrations for the future To this I answer 1. That when the Apostle Jude admonisheth us 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. to put a difference amongst or between those on whom we shew mercy * Jude veâ—s 2â— it would be rather a deriding then observing of his injunction to give most unto those who are most unworthy and are like with all to make the worst use of what is given unto them in this kind in like manner when there is an opportunity haply a necessity of putting a difference in the execution of Justice it would be a provoking abuse of this opportunity in the sight of God and of all just men to condemn the grashoppers in sin and to let the Anâ—kims especially Anak himself to escape Though the strictnesse of Law permit the Creditour to fall upon the surety for the recovery of his money when the principall may be had and is solvendo yet such a practise as this would not be of any good resentment with men of ingenuous and fair principles I think there are few men amongst us but will grant that the King was not onely the Supreme Person but the Supreme Actour also in the tragedie of bloud which hath been lately acted upon the stage of this Nation yea and had more of the guilt of the bloud shed in it upon his consciensce than all his fellow-Actours besides put together His own confessions at the treaty in the Isle oâ— Wight implied no other Now to cut off the tail of wickednesse and to leave the head still upon the body what would it be but to render Justice the comeliest of all virtues as a ridiculous and deformed Monster 2. Should Justice seize upon Inferiour Delinquents onely Sect. 58 and such who have lesse of the evil done upon them and passe by him who hath been the Grandee and deeper in wickednesse than they all such an administration reason it self being Judge would be so far from securing the Nation from such bloudy attempts against it for the future that it would rather be a means or occasion to provoke and irritate the same spirit of wickednesse the second time For if Kings or Persons intrusted with the Supreme Power of the Land or with the Administration of this Power be more than inclinable enough to make such Tyrannous and bloudy attempts upon their Subjects whilst as yet they know not whether they shall suffer from the hand of Justice or no in case they prosper not in their way much more will they be incouraged and their hand strengthened unto such wicked practices and ingagements when all fear in that kind shall be taken from them by an experimented exemption of their Persons in such a case And if that of Solomon be true that because Sentence against an evil work is not executed speedily therefore the hearts of the Sons of men
iâ— fully set in them to do evil much more fully set to do evil must their hearts 〈…〉 needs be when they shall expect or fear no Execution at all neither speedy nor tardy As for Execution by a Divine hand or punishment from God how terrible soever they are or may be when they come yet are they seldom to Kings or Persons in greatnesse of Power of any resentment at all before Divine Justice before Execution or threatenings from God are turned iâ—to straw and stubble and rotten woâ—d before Kings To say that Kings can do no evil without instruments and Seâ—â— 59 from hence to infer that therefore the punishment of Instruments is sufficient to bind the Kings hands from doing evil and to stop all the issues of mischief as from him is but to lay a foundation of sand to build hay and stubble upon For 1. though no man should miscarry or fall under Sathans temptation yet Sathan is neverthelesse himself as much a devil in his suggestions and temptations as he could be in case all that are tempted should fall by him The evil of Kings is not eased or diminished upon this account that they can purchase or procure no Instruments to serve them in wicked designs nay such a disappointment as this unlesse it shall be supposed universal yea and upon such terms that every person tempted by them in this kind shall at the very first reject their motion with a peremptory indignation is like to make them so much the greater Sinners For as beggars that cannot receive reliefe at one door are hereby occasioned and half necessiâ—ated to re-act their parts at another So tempters unto evil being under the command of such a lust which cannot be fulfilled without the consent and concurrence of others thereâ—nto the more denials they receive are provoked to multiply their tentations so much the more and to attempt the integrity of greater numbers and consequently to sin the more And besides faint refusals do but teach the Tempter his art more perfectly But 2. Whilest Kings or Persons in Sovereignity of Power are Sect. 60 free from fear of punishment for evil practices and consequently at full Liberty to assault the weaknesses and infirmities of men by their golden baites of tentations it is in vain to conceive or expect that they should not be able to raise up a generation of Instruments for their turn against any disadvantage whatsoever How many persons have perished and do perish daily in the sight of the Sun through Satâ—ans temptations and yet Sathan being at liberty to tempt the generation of evil doers through his temptations faileth not abateth not nor is like to do either untill the Tempter be tied up in chains 3. And lastly to the main Objection in hand I answeâ— Sect. 61 that had the servants onely suffered from the hand of Justice and the Master of the house the King being more polluted with the bloud spilt in the Land that they all escaped the Pattern in the mount I mean the example of God himself in executing Judgement and Justice had been declined and some ignoble slimie modell of the valley followed in the stead For the Scriptures from place to place still represent God as fixing his eye in speciall manner upon Kings and Princes when he threatens any severe Execution of Justice upon men for such sins wherein they were Actours as well as others And when seventy years are accomplished I will visit THE KING of Babel and that Nation saith the Lord for their iniquities c. * Jer. â—5 1â— Afterwards in the same Chapter Then took I the Cup at the Lords band and made all people to drink unto whom the Lord had sent me Even Jerusalem and the Cities of Juâ—â—h and the KINGS thereof and the Princes thereof Pharaoh also KING of Egypt and his servants and his PRINCES and all his people And all sorts of people and all the KINGS of the land of Uz. And ALL THE KINGS of Tyrus and ALL THE KINGS of Zidon and THE KINGS of the Isles that are beyond the Sea And ALL THE KINGS of Arabia that dwell in the desert And ALL THE KINGS of Zimri and ALL THE KINGS of Elam ALL THE KINGS of the Medes And ALL THE KINGS of the North far and near c. and THE KING of Sheâ—haâ—h shall drink after them * Veâ—s 17 1â— 19 20 c. See other places of like import Jer. 49. 3 38. 50 35. Hos 5. 10. Am. 1. 4 15. Ezek. 29. 3. 31. 18. Psal 76. 12. 110. 5 6 c. It were easy to make this pile yet much greater the holy Ghost upon all occasions seeming to make speciall threasure of this Observation that whensoever the wrath of God is revealed from heaven in any publick manner against the unrighteâ—â—snesse of men Kings and Princes when they are of the confederacie are still placed by him in the front of the Sufferers and made to drink of the Cup of his indignation whosoever else escapeth Therefore the Ministers who so importunely presse the sparing of Agag what do they else but change that precept of Christ into an injunction of their own wherein he commands those that professe Faith and Interest in him to be perfect not as men nor as men count perfectnesse but as their heavenly Father is perfect * 〈…〉 By what hath been argued concerning Oaths in point of Obligation and Disobligation it fully appears how irrelatively Sect. 62 to their occasion our 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to speak in M r. Jâ—â—kins Dialect one of the Subscribers insist upon the severe punishment of the Kingdom of Israel and of Sauls â—â—â—tâ—rity in particular by God for Sauls violation of the Oath wâ—ich Joshua and the children â—â—â—iouâ—â—nd Fâ—â—â—hfull Repâ—â—â—entation of Israel â—ad sworâ— unto the Gibeâ—nitâ—s This example is just as much to their purpose as if I should alledge the severe displeasure of God against the Nation of the Jâ—ws for crucifying of Christ to deterre Judges and Executioners of Justice in a State from putting murtherers or the most desperate Malefactours to death If the Parliament or High Court of Justice should have proceeded capitally against the King in case his Government and Deportment towards his People had been just and peaceable or without sufficient and due proof made of matters and crimes against him justly by the Laws of God and men and his own Land deserving death the examples of Sauls slaying the Gibeonites contrary to Oath and Covenant would have somewhat parallelled the case But the Ministers to make the Example so much as in colour serviceable unto their design must prove either first that the Gibeonites whom Saul slew in zeal to the Children of Israel had been murtherers and men of bloud had by inciting and joyning themselves with a discontented party of the Sons of â—elial destroyed the Lives burnt the Towns and Dwellings ruined the Estaâ—es of many thousand innocent persons in the
Land c. Or else 2. they must prove that had these Gibeonites committed all these horrid crimes and crying abominations in the Land yet God because of the Oath and Covenant made with them would as severely have punished the Kingdom of Isâ—ael and Sauls Posterity as now he did in case Saul in a due and regular processe of Justice should have put them to death Except they can prove both or at least one of these they do but beat the air with Sauls sword that slew the Gibeonites But how miserably and above measure blind do these men Sect. 63 shew themselves to be when they call the proceedings of the Parliament and High Court against the King the drawing upon themselves and the Kingdom the bloud of their Sovereign * A Vindication c. pâ—g 7. That which God and the Scriptures expresly call a cleansing from bloud these men upon the matter as expresly call a defiling or polluting with bloud For bloud saith God meaning unrighteously spilt it defileth the Land and the Land cannot be cleansed of the bloud shed therein but by the bloud of him that shed it * Nuâ— 35 3â— Doubtlesse that of the Prophet hath overtaken these men Therefore night shall be unto you for a vision and darknesse shall be unto you for a divination and the Sun shall go down over the Prophets and the day shall be dark over them * Mâ—â— â—â— When David to the great discouragement of those that had stood by him with their lives in his danger mourned for his Traiterous Son Absalom being now dead Joab challengeth him in these words amongst others This day I â—erceive that if Absalom had lived and all we had died this day than it had pleased thee well * â— Sâ—â— 19. 6. It seemes the Ministers the Vindicatours are deeply baptized into some such spirit and that had the Land remained under that great Pollution wherewith the King by the bloud which he had so causlesly and so abundantly shed had defiled it and the whole Nation perished or at least been severely punished by God for the same this would have pleased them well so that the man of their delight the great Architect of all the late and present miseries and calamities of the Nation might have escaped But it is the lesse marvail that these men should call the purging of a Land the Polluting of it considering that it hath been a stratagem of Sathan in all ages to procure his mark or brand to be set upon the things of God and to entitle himself unto such actions as the Authour or Promotour of them which have been signally excellent and in the archievement whereof the finger of God hath most appeared Thus by his Factour Rabshakeh of old he represented unto the people those zealous ingagements of religious Hezechiah against Idolatrie whereunto his heart and spirit were in speciall manner stirred up by God as if they had been horribly sacrilegious and highly displeasing unto God But if thou say to me we trust in the Lord our God is it not he whose high Places and Altars Hezekiaâ— hath taken away â— Esâ— â—â— c. In like manner in the dayes of our Saviour by his then-Agents the Pâ—arisees he sought to posâ—esse the people with the spirit of his dangerous Errourâ— viz. that when the Lord Christ cast out Devils and unclean Spirits by the finger of God he cast them out by no other meanes than by Beelzebub the Prince of the Devils * Mâ—â—â— 1â—â—4 Hath this Blackamore changed his skin since these dayes of old Or is he not busie at work upon the same trade in the tongues and pens of many of his anointed Instruments at this day amongst us Doth not the same Spirit breathe rank and strong in several veins both of our Ministers Râ—presentatiâ—n and Vindication and particularly where they set themselves to turn the glory of the late proceedings of his Excellency and the Army by which they have highly honoured God and preâ—eâ—ved their Nation into the shame of sin and unworthinesse For is it not in respect of theâ—e actings that they pitie them with an alasse you have eclipsed your own glory and broâ—gâ—t a cloud over all your Excellencies You are now walking in by-paths 〈…〉 Reâ—… pâ—g 9. of your own * And again How is Religion made to stink through your miscarriages and like to become a scorn and reproch in all the 〈…〉 Christian World They have eclipsed their glory by doubling the lustre and brightnesse of it they have brought a cloud wherein God dwelleth â—ver all their Excellencies They have made Religion to stink through their miscarriages i. they have made the Râ—ligion of these Ministers to stink in the nosthrils of all intelligent and considering men by approving themselves so much more righteous and Religious than they Doubtlesse these men stand in the very dint and sweep of that Wo which is gone out from before the presence of God against those who call evil good and good evil who put darknesse for light and light for daâ—knesse and bitter for sweet and sweet for bitter Who justifie the wicked for reward and take away the righteousnesse of the righteouâ— from him * â—â—â—â— â— â—â— But the worst dead flie of all in the â—intment of these Apothecaries Sect. 64 and that which makes it cast forth a most abominable and stinking savour is their insinuation that their Opinion against the taking away the lives of Murtherers if Kings Tyrants by the Sword of Justice is first consonant to the tenour of the Sâ—riptures And secondly hath allway been the constant Judgement and Doctrine of Protestant Divines both at home and abroad with whose Judgementâ— say they we do fully concurre * Represenâ—â—â—iâ—n 〈…〉 1â— They presently after say of the Jâ—suites that they are the worst of Papists but certainly themselves are of the Sect of the Auto-catacrâ—â—es the worst of all Sectaries For is it possible to think but that they know in their Souls and Consciences 1. That there is nothing in all the Scriptures against the cutting off oâ— muâ—therers oâ— capital malefactours by the sword of the Magistrate no though they be or have been Kings 2 That their Opinion in this point is so far from having been the constaâ—t Judgement and Doctrine of â—rotestant Divines that there is scarce any Protestant Divine of note in any of the Reformed Churches but upon all occasions have declared their Judgements to the contrary First let us briefly see how ridiculously they in title the Scriptures to their Opinion The Apostle Jude say they sets a bâ—and upon those who despise Dominion and speak evil of dignities Wo unto them saith he for they have gone in the way of Cain and run gredily after the errours of Balaam for a reward and perished Representâ—â—â—oâ— pag. 1â— in the gain saying of Corah Ergo it is not lawfull for the Civil Magistrate to put murtherers to death if
can oath or promise bind any such people to obey and maintain Tyrants against God and his Truth known but if rashly they the people have promoted any manifest wicked person or yet ignorantly have chosen such an one as after declareth himself unworthy of Regiment over the people of God and such be all Idolatrous and cruel persecutors most justly may the same men depose and punish him that unadvisedly before they did nominate appoint and elect * The appelâ—… The Author of the book intituled Lex Rex full of solid â—ec 67. learning and variety of reading supposed as was before intimated upon very pregnant grounds to be M Samuel Rutherford maintains many positions in this Tractate of a close confederacie with the mentioned oâ—â—nion of M r Knox as That the King is the servant of the people both objectively and subjectively * Pag â—â—7 That the consciences of Inferior Iudges are immediately subordinate unto God not to the King either mediately or imediately That an inferior Judge may put to death murtherers as having Gods sword committed unto him no lesse then the King and though the King command the contrary * 〈…〉 That the Sanedrims not punishing David Bathsheba Ioaâ— was but a fact not a Law * 〈…〉 That resisting of Kings that are Tyrannous and patience are not inconsistent * 〈…〉 That Christs non-resistance hath many things rare and extraordinary and so is no leading rule to us * 〈…〉 â—15 That Davids not invading Saul and his men who did not aim at Arbitrary Government as subversion of Lawes Religion and extirpation of those that worshipped the God of Israel and opposed Idolatry but only pursuing one single person is far unlike to our case in England and Scotland * 〈…〉 34â— 3â—3 That if a King turn a Parricide a Lion and a waster and destroyer of the people as a man he is subject to the coactive power of the Lawes of the land * Pag. 344. That Kings are but vassals to the State who if they turn Tyrants fall from their right * Pag. 404 To omit very many others of the same calculation with these Hugo Grotius as great and learned a Royalist I believe as ever took hold of shield or buckler in the defence of Prerogative yet acknowledgeth that there are seven cases wherein the people may have most reall action against the King to accuse â—…nish him What the particular cases are the Reader if he please may find in the last mentioned Discourse * Pag. â—â—â— Yea Master Prynne himself having related out of Sozomen and Niâ—ephorus the Story of Jâ—lian the Emperours death reputed to be slain by a Christian Souldier of his own Army and the fact of the Christians at Antioch who for this murther instituted a publick Triumph Epiphonemas it thus A pregnant Evidence that even the Primitive Christians on whose examples and practice our Antagonists so much depend though to no purpose as I have elsewhere manifested held it not onely lawfull for them to resist but even in some cases to flay a peâ—secuting Apostatizing Tyrant bent to subvert Religion Laws Liberties as may be further evidenced by Constantine the Great his aiding the oppressed Christians and Romans against the Tyranny and persecution of the Emperours Maxentius Maximinus and Liâ—inius even with force of arms with which he conquered these persecutours in sundry open Battels fought against them at the Christians earnest importunitie * Soveâ—eigâ— Power of Pâ—â—â—â—nd Kâ—â—gdomâ— Append â—o the forth pâ—â—t p. â—â—6 â—â—7 I should multiply quotations from other Protestant Authours Sect. 68 of the same character and tendencie with these already cited by which the constant Judgement of Protestant Divines in the Question in hand would appear to be quite contrary to what the Representers most unworthily affirm it to be but that others and that of late have laboured so abundantly in this service If the Ministers will please but to peruse their Clerico-classicum or Alarm to a third War pag. 31 32 33 34 35. they shall find a Constellation of many Stars in the Protestant Heaven clearly shining forth light opposit to that darknesse which they either so ignorantly or contra-conscientiously attribute to them Whereunto if their desire of a Reformation in their Judgements in case their miscarrâ—age issued from hence will so far serve them and hold out as to joyn the like perusall of a few pages viz. 23 24 25 26 27. in another book lately also published by J. M intituled The tenure of Kings and Magistrates doubtlesse they will retract that ignoble and unclerk-like assertion wherein they affirm that their inhumane Tenet whereby they cannot but encourage Kings to turn Tyrants to commit murthers rapines and all manner of abominations that Tenet of theirs I mean wherein they deny unto Kings the help of that bridle for the ruling of their lusts more needfull for them than for any other sort of men the fear of death by the sword of civil Justice upon any occasion whatsoever to have alway been the constant Judgement and Doctrine of Protestant Divines both at home and abroad Onely for a cloze to the point in hand and to convince them if it be possible and they not as yet 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sect. 69 that when they wrote the words last mentioned through a mistake they wrote their Interests in stead of their Consciences I shall briefly present them with the Judgement of two home-Authours more in the case the one being one of themselves in both the Subscriptions the other as cordiall unto them as themselves in the case in hand and whose Judgement in the businesse cannot lightly be more unknown unto them than their own The former of the two is M r. Christopher Love who intitles himself to the Pastorage of Anne Alders-gate as well in the Vindication as Representation but since meeting it seemes with better â—asturage hath voided that title for the unprofitablenesse â—f it a man who I know counteth it no robbery to be both a Protestant and a Divine Doubtlesse this man did not judge it neither can he judge it now to be the constant Judgement and Doctrine of Protestant Divines at home whatsoever he might conjecture of theirs abroad that Kings upon no occasion in no case whatsoever might be put to death when he preached first out of the Pulpit at Uxbridge to a few and then out of the presse to all the world that the late King was the Troubler of England as â—chan was of Israel subjoyning It was the Lord that troubled â—chan because he troubled Israel Oh that in this our State Physicians would resemble God to cut off those from the land that have distempered it Melius est ut pereat UNUâ— quâ—m unit as * Englandâ— Dâ—â—tâ—mper a Seâ—â—â—n preached at Vâ—bridge before the Commissioners appointed by the Parliament â—â—â—â—â—at with the King there by Mr Lâ—vâ— pag â—â— Did the man crie out Oâ— to have that
done by the Parliament which his constant Judgement was could not be done without sin If so he hath no part or fellowship in that blessednesse which the Apostle pronounceth over him that condemneth not himself in what â—â— alloweth * Rom. 14 â—â— Or did the wind of this mans Judgement blow to the same point of the compasse at which it stands both in the Representation and Vindication when a few pages after in the same Sermon he dogmatized thus Men who lie under the guilt of much innocent bloud are not meet persons to be at peace with till all the guilt of bloud be expiated and avenged either by the sword of the Law or by the Law of the sword else a Peace can neither be safe or just Though I do not find any great store of good sence in this period which seemes to suppose that a Peace can neither â—e safe or just with a person guilty of much innocent bloud untill he be dead yet the Authour clearly supposeth â— That the King lay under the guilt of much innocent bloud 2. that such guilt ought to be expiated and avenged by the sword either of the Magistrate or the Souldier His meaning cannot be that the guilt contracted by and which lay upon the King should be expiated or avenged upon the person of another man though this seemes to bâ— Mâ— Gerees Divinitie * Might oveâ—â—oming Right paâ— â—â— c. because the Peace now endeavoured by Treaty was to have been made and concluded chiefly with the King If then M r. Love be so infected with the dangerous Errour of â—uto-catacritisme I fear there are very many of his fellow-Subscribers in the same Condemnation with him For it is well known and commonly talked that the Sons of high Presbytery have still in matters of opinion relating to their Interest but one Judgement amongst them which serves them all and which they weather as Mariners do their sailâ— upon all occasions according to the shiftings of the wind The latter of the two home-Authours mentioned is Mâ— William Sect. 70 Prynne who though no Divine by profession yet a Protestant yea and a Divine too both by competency of faculty and super-frequencie of ingagement since the sitting of this present Parliament hath written and published a large volume intituled The Soveraign power of Parliaments and Kingdoms wherein if the frontispiece be not too high for the edifice the Superiority of our own and mâ—st other forreign Parliaments States Kingdoms Magistrates Colleâ—tively conâ—idered over and above their lawfull Emperours Kings Princes is abundantly evinced confirmed by prâ—gnant Reâ—sons Resolutions Precedents Histories Authorites of all sorts the contrary refelled And all Objections Calumnies of the King his Councel Royalists Malâ—gnants Delinquents Papists against this present Parliaments proceedings pretended to be exceeding derogatorie to the Kings Supremacy and Subjects libertie satisfactorily answered refuâ—ed dissâ—pated in all particulars This book all circumstances considered as 1. the subject matter of it 2. the Author of it a man of â—minent learning and great Mecenas to the Prâ—â—byterian cause 3. the largenesse and comprehensive fulnesse of the discourse 4. the tiâ—e wherein it had been â—xtant and every where to â—e had when the Ministers subscribed their Representation and Vindication being four or five years at the least 5. the Grand and pressing occasion which of later times lay upon all conscientious men and more especially upon them themselves in regard of their solemn undertakings to Stigmatize as they have done the proceedings against the King to inquire into the argument for satisfaction all these circumstances I say with some others of like nature duly considered is it possible to imagine that the Ministers had not seen this book or at least known or heard of the judgement of the Authour therein about that great question concerning the power of Parliaments over Kings so largely there debated when they subscribed both the said Subscriptions If they had done either the one or the other how shall not their consciences sweat blood for affirming that it hath alwaies been the constant judgement and Doctrine of Protestant Divines that Kings ought not to suffer from the sword of justice for any perpetrations or crimes whatsoever For unlesse this be their meaning in their stingling and aspersive language wherein they professe that they disclaim detest abhor the wicked and bloudy Tenets and Practises of Jâ—suits and the murthering of Kings by any though under the most specious and colourable pretences they do but baffle their simple Reader speaking nothing at all to the businesse in issue For who or which of those to whom they addresse in the Representation do not with as much clearnesse and simplicity of spirit as themselves disclaim detest and abhor the wicked and bloudy Tenets and Practises of Jâ—suits and the murthering of Kings though under the most specious and colourable pretences if Representation pag. 11. they mean nothing more than what they say in these expressions and I wonder upon what account men pretending to such proximity unto the Heavens in sanctity and integrity as they should assume that to themselves as somewhat emphatically excellent and singular which is nothing but what is found in all men without exception unlesse it be that congregation of the first-born of Satan the Jesuites and their Proselytes But as commonly it fareth with trades-men that are much behind-hand with the world and declining in their estates they buy dear and sel cheap and make all bargains to losse and disadvantage till they fail and sink right down so these men having overthrown their estates in honour and repute with men by stretching themselves beyond their line and over-dealing both their wisdom and their worth are now from time to time after a â—ort necessitated to disadvantagious tranâ—actions and such which will I fear in short time lay all their grandure and high looks in the dust Whereas some pretend an irregularity in the Sentence passed Sect. 71 upon the King through a defect of President or example I answer this is the lightesâ— and loosest of all pleas that are commonly made in the case For 1. An example is no Rule God made Rules before that men yea or himself made examples Nor doth he necessarily break a rule who acts or works without a pattern or example Bezalâ—â—l and Aâ—oliaâ— wrought curious work for the tabernacle and yet had no patterns of what they wrought before them When Moses smote â—he Egyptian who wronged the Israelite that he died he had no precedent action of like nature to warrant or justifie his action yet was it neverthelesse justifiable Nor did Jâ—â—ojada the Priest who caused Athaliaâ— to be slaiâ— act under the Protection of any Parallel Instances of this kind are without number 2. As in descents of families it is a thing frequent and Sect. 72 commendable for those who succeed in the inheritance to adde to the demesnes with honourable industrie and thrift and to transmit the
for him whom they had chosen in his room By the way he here bids us note that the right of electing whom they please is by the impartial testimony of an Emperour in the people for said he a just Prince ought to be prefered before an unjust and the end of Government before the Prerogative And to prove that some of our own Monarchs have acknowledged that their high Office exempted them not from punishment they had the sword of Saint Edward born before them by an Officer called Earle of the Palace evâ—n at the time of their highest pomp and solemnity to mind them saith Matthew Paris the best of our Historians that if they erred the sword had power to restrain them The fact of Eâ—ud in killing Eglon and so of Jehu in slaying Jehoram the said Authour reconcileth with rules for standing practice with much more to this purpose which I leave to the Readers peruâ—al in the discourse it self In another discourse lately published we have this President Sect. 77 recorded Brutus Generall of the Souldiers Lucrâ—tius Emperour of the city of Rome assembled the people against Tarquinius Superlus and by their Authority thrust him from his Royall Throne his goods were confiscated and if Tarquinius had been apprehended undoubtedly he should have been according to the publick Laws corporally punished * 〈…〉 p â—4 The same Authour subjoyneth that Christiern lost the Crown of Denmark Henry that of Sweden Mary Stuart King Charls his Grand-mother that of Scotland and Edward the second that of England for the same misgovernment as our late King lost his Crown and head The Parliament in their late Declaration mention this last President of Edward the second and Peter Martyr concerning that of Christiern King of Denmark writeth thus In our daies the Daues dâ—posâ—d their King and kept him prisoner a long time * where also he adds out of Polâ—dore Virgil that the English 〈…〉 P. Mâ—â—â— â—â— â—ud â— â—◠〈◊〉 have sometimes compelled their Kings to give an account of their money or treasure ill disposed of M r Prynne in his Appendix to the fourth part of the Sovereign power of Parliaments and Kingdoms undertakes in the front of this Lucubration and in the body of it performed the undertaking vâ—ry laudably to manifâ—st by sundry Histories and forraign Authorities that in the ancient Kingdome of Rome the Roman Grâ—ek German Empires the old the peresent Grecian Indian Aegyptian French Spanish Gothish Italian Hungarian Poloâ—ian Bohemian Danish Swedish Scottish with other forrein Kingdoms â—ea in the Kingdoms of Judah and Israel and other Gentile Royalties mentioned in Scriptuâ—e the Supreme Sovereign power resided not in the Emperours or Kings themselves but in the whole Kingdom Senate Parliament State People who had not onely Authority to restrain râ—sist yea call their Emperous and kings to account but likewise when they saw just cause to censure suspend deprive them for their Tyranny vices misgovernment and sometimes CAPITALLY TO PROCEED AGAINST THEM with a brief answer to the contrary objections c. Afterwards in pursuit of this his notable ingagement out of Georgius Obrecâ—us a publick Professour of Law and Advocate to the City of Strasburg he furnisheth us with these Presidents besides that of Tarquinius devested of his kingdom by the people under the conduct of Brutus Lucretius the Roman Senate judged Nero an enemy of the Republick condemned him to the Gallows punished Vitellius with death ignominiously mutilated and dragg'd through the Citie and spoiled Maximinus of the Empire setting up Albinus in his place Thus the French by Authority of a publique Councel thorough the care of the Officers of the Realm deprived Childerick the first Sigebert Theordoric and Childerick the third of the Government In the same manner * M 〈…〉 â—f 〈◊〉 â—nâ— Kingdom Aâ—pend p. â—â—â— saith the same Authour from Junius Brutuâ— we read Adolpâ—us deprived of the German Empire An. 1296. because corrupted with money he had made War with France in favour of the English Wenceslaus A 1400. Although these may be called not so well evil as lesse good Princes Thus in the Realm of England Edward the second for his Tyrannic to his Subjects especially the Nobles whom he destroyed without hearing their cause was at his Queens request adjudged unworthy of his Crown by the Parliament Not long since Christierne in Denmark Ericus in Sweden Queen Mary very lately in Scotland were deprived which Histories worthy credit testifie hath been frequently done in the Kidgdom of England Hungaria Spain Portugall Bohemia and the rest Thus far M r Prynne in Precedents of Kings and Emperours deposed and punished with death to which you may please to add what he relates out of Sozomen and Nicephorus concerning the death of Julian by one of his Souldiers and the fact of the Christians at Antioch upon it together with his Annotation upon both as they were formerly presented Sect. 67. of this discourse beyond whom no man that I know hath travailed with his pen in asserting the Legality of such proceedings against them He that will please to read the Historie of the Reformation of the Realm of Scotland by M John Knox shal find many like Presidents cited and argued from the Scriptures themselves So that the Parliament of England in their Judiciary processe against the late king did not walk alone in an untrodden path but in an high-way occupied upon like occasion by all the chief Nations of Europe yea by the once onely Heaven-beloved Nation of the World The premises from first to last considered that Doctrine Sect. 78. which Prerogativeth kings above the stroke of human justice upon the account of their being unaccountable unto men for whatsoever they do which the Parliament taketh notice in their Declaration of March 17. 1648. pag. 13. to have been the late kings Assertion appears to be very extravagant and and Eccentricall to all principles both of Reason and Religion Such an unaccountable Officer as the said Declaration well expresseth it were a strange monster to be permitted by man-kind For if the main ground of erecting publick Administrations of justice and Courts of humane judicature in all Polities and States whatsoever be both in Reason and Religion to secure and protect those who live justly and peaceably against the violence and injustice of oppressours and unjust men it must needs be contrary unto both to exempt such persons from the jurisdiction of these Court and Administrations who have alwayes the greatest opportunities and temptations and for the most part the strongest bent of disposition and will to practice such unrighteousnesse and oppression Put case a man hath received several wounds in fight amongst which there is one more dangerous and threatening life than all the rest would it not be a soloâ—cisme in reason for this man with all diligence and care to send for the skilfullest Chirurgion he can get and when he is come to limit him in his applications to the wounds
doth more deeply pierce or wound the conscience under the guilt of sin than the rememberance of those great and many ingagements which God hath laid upon the sinner to abstain from all iniquity as there is nothing more sovereign or efficacious to preserve men from the perpetrating of sin under tentation than such a consideration or rememberance Gen. 39. 9 2. Sam. 12 7 8 9. Mat. 18 32 33. c. But I hasten Enough I presume with advantage hath before this been Sect. 83 argued to wash off the colour of this plea The proceedings against the King are not justifiable because he had no reasonable ground or means whereby to conceive or judge that his life could lawfully be taken from him for those crimes for which he was sentenced To omit severall other things which have received a just debate sufficient to reconcile this pretence with the sentence awarded against the King that the Law of God against Murtherers and unjust shedders of bloud so oft repeated in the Scriptures so fully explained and vindicated in this Discourse gave light in abundance unto the King whereby to see and understand that for those very crimes and bloudy perpetrations of which he was arreigned his life was obnoxious to the hand of humane Justice or rather of Divine Justice executable by the hands of men So that if he were ignorant of his liablenesse unto death for the misdemeanours committed by him it was Ignorantia Juris non facti which as Aristotle saith excuseth no man Besides the frequent cases and examples of Justice executed upon Kings by their Subjects obvious as well in the Records of Scriptures as in the Histories of many Nations a first-fruit whereof hath been presented in this Treatise were abundantly sufficient to give the light of this information unto him that if he sinned against the bloud of his people it would render him ipso facto a child of death Besides had he not defaced that writing which was written by the finger of God himself in the tables of his own heart here might he have read it in characters legible enough that he that unjustly takes away the life of another makes a present forfeiture unto Justice of his own Nor was the taking of the Protestation or National Covenant Sect. 84 by the Parliament and Kingdom after the Kings ingagement in bloud any snaâ—e upon him in this kind as ministering any sufficient ground unto him to conceive or judge that Kings might destroy the lives of their Subjects as they pleased without being countable unto the Justice of their Laws for the same It is contrary to all principles of reason or common sence to think that either the Parliament or Kingdom should do any such act which in the direct and native tendencie of it should either flatter or incourage the King in wayes so outâ—agiously destructive to their lives Liberties Estates as those were wherein he was now driving furiously when the Protestation and solemn Covenant were taken by them But such an Act as this do they pretend to be done by them who affirm that by their taking the Protestation and Covenant for the Preservation of the Kings Person after he had lift up his hand unto bloud they ministered a sufficient ground unto him to conceive either that for what he had already done in that way he was not obnoxious either to the Law of God nor to the Laws of the Land inflicting death but especially to conceive that what progresse or advance soever he should make in the same way yet they meant never to question him but to make the â—hoicest threasure of his life though he should make the â—â—seâ—â— dongâ—e of all theirs But the substance of this plea was formerly weighed in the balance and found too light when we clearly proved that there was no ingagement made by any man in taking either the Vow Protâ—station or Covenant for the Preservation of the Kings life or Person but onely conditionall that none of those conditions for there were more than one upon which the takers of any of the three became actually ingaged oâ— bound to the said Preservation were performed by the King And the truth is that all that was ministered by way of occasion or ground unto the King by those Acts of the Parliament and Kingdom lately mentioned was for him to judge and conceive 1. that they both affectionately desired his honour life and happinesse 2. That in case they could not procure or obtain them in conjunction with the liberties peace and safety of the Kingdom that they meant to provide for these whatsoever became of the other To draw towards a Conclusion of the present debate if Sect. 85 the righteousnesse of the Sentence passed upon the King be not impleadeable by the office of a King vested in him much lesse is it impeacheable by his innocencie Doubtlesse never was there any person under heaven sentenced with death upon more equitable or just grounds in respect of guilt and demerit As for Nerâ— Maximinus and other Heathen Tyrants though the letter of their guilt might possible be as deep or deeper than his yet the spirit of it was but light and shallow in comparison They wanted the light of that knowledge without which though men may be monstrously wicked yet are they not capable of admission into the Congregation of the first-born of sinners The King abounded with this light at least comparatively wrought in the face of it works of darknesse horrid works of darknesse Oh how great was the darknesse of such works Some rise up early to commend and praise him for his parts of knowledge wisdom understanding c. but do these men know that speaking these things they put him to the greater rebuke and justifie his Judges who condemned him so much the more That servant saith the great and righteous Judge of all the earth which knew his Lords will and prepared not himself neither did according to his will shall be â—eaten with many stroaks * Luk. 12. 47. Knowledge and â—â—derstanding are the great inhâ—â—nsers of sin and cause the foâ—â—ace of hell to be hâ—â— sâ—ven times hotter than ordinary But for the criminal demerits of the King which make the righteousnesse of the Sentence against him like unto the light at noon-day I shall not mention thâ—â— in words of mine own lâ—st I be charged with undue aggravations but shall present them in such â—â—â—ms wherein his best and most cordiall Friends at least in appearance and such who took hold of shield and buckler for his Defence in the time of his greatest danger have before me represented them unto the world M r. Prynne who in zeal to the Kings cause attempted to Sect. 86 shake Heaven and Earth and who because he could not with Joshua cause the Sun to stand still in the midst of heaven untill he had acted his part in favour of him procured in stead thereof the turning of a naturall night into an