Redintegratio Amoris OR A Union of Hearts between The Kings Most Excellent Majesty the Right Honorable the LORDS and COMMONS IN PARLIAMENT His Excellency Sir Thomas Fairfax and the Army Under his Command The Assembly and every honest man that desires a sound and durable Peace accompanied with speedy Justice and Piety By way of respective Apologies so far as Scripture and Reason may be Judges By JOHN COOK of Grayes-Inne Barrester The falling out of lovers is the renewing of love London Printed for Giles Calvert and are to be sold at his shop at the black spread-Eagle neer the West-end of Pauls The principal matters are That 1. NAture is of Gavelkind Tenure 2. All lawful authority is derived from the people who cannot by any Covenant inslave themselves 3. Good Kings raign by Gods approbation Tyrants by his permission till the people can free themselves 4. What Law is what Rebellion is 5. That Anarchy is better then Tyranny 6. That in quiet Kingdoms much Iniustice is to be suffered rather then to oppose the Governors till it be insufferable and then it is ne resistance of authority because God never did nor man can give any such authority 7. Some Scriptures answered and such reverence to be given to divine authority as to beleeve that there was a reason for every thing though we cannot reach it 8. That Bishops for Religion and some former Judges in point of Prerogative are of equal credit 9. What undâ—d Lord Keeper Littleton and others 10. Twelve politick Judges to execute quick and cheap Justice requisite to felicitate this Kingdom with an Expedient for it 11. Essentials not to be lost for Formalities 12. The Law and the Prophets to be rather studied then law and profit 13. A Cause at first as plain as a bul-rush comes to be as hard as an oak 14. That Parliamentum is parium lamentum and that Kings originally agreed to refer the peoples complaints to whom soever they would choose and that Parliaments never dye intentionally 15. The mixture of the three estates commended yet if one of three oâ—ligors fail the other two must pay the debt for Justice must be dâ—nâ— 16. That the Judgment of Parliament is inevitable for all positive Laws by vertue of the fifth Commandment 17 Kings are not less free by reason of Parliaments no more then men are less safe upon Pauls for the Rails 18. To question the Justice of the Parliaments Cause is to doubt whether Protestant or Popish be the true Religion 19. Yet so as the King had some colour for what he did in Gods Ordinance which the Parliament if they should break trust have not and his late party adhering to the letter of Scripture and some Law cases Touch not mine anointed c. had the same colour as Papists for transubstantion by This is my body 20. Mr Jenkins easily answered and Dr Fearns matter combustible 21. Reasons to induce his Maiesty to beleeve that the Parliament did nothing but in discharge of their great trust without which they could not have answered it to the Kingdom and that his Maiesty would frame arguments for that purpose 22. That the Parliament would conceive that his Maiesty acted according to his present light for the satisfaction of his Royal Conscience his Royal Allies and many of his people at home would frame arguments for his Maiesty besides that the Law lays all the blame upon his evil Counsellors 23. That this is a principal expedient to beget a right understanding and endeared and loyal Affection between his Maiesty and people 24. How his Maiesty is head of the Church and one Argument for his Maiesty when the several Parliaments in England and Ireland present acts for establishing of the Protestant and Popish Religious severally what his Maiesty is to do and that the King of Poland swears to maintain both those Religions 25. That the Lords are intrusted by the people though not elected as Guardians of the Kings Contract with the people and that all subordinate Officers are to mind the duty of their places more then the desires of those that preferred them 26. Two things in the House of Commons questioned the Members not being sworn and their not Administring oaths and Answered 27. The Lords supplicated to be indulgent to tender Consciences being exempted from the Presbyterian discipline 28. Three Ordinances begg'd 1. Redemption for our poor brethren slaves to the Turks 2. Liberty for poor Prisoners that are ready to starve 3. Some speedy course to abate the price of corn least poor people be famish't 29 An Apologie for the Armies not disbanding who have bin true to the Covenant and seek nothing but for what they first ingaged and have been the breath of many of their nostrils who would not have their breath in the Kingdom 30. The Declaration against them a Nullity the Revocation of it a great honor to the Parliament and Army What spirits the Armies opposers are of 31. The two great expedients for a substantial settlement of the Kingdom Reformations in Courts of Justice and Liberty for tender Consciences cannot as mens interests now stand be effected without the Continuance of the Army 32. That the main interest of this Kingdom is to be as zealous for the Protestant Religion as Spain is for Popery 33. The Interest of all honest men is speedily to Vnite specially for Gods people 34. That the difference was not whether the Kingdom should be Protestants or Papists but Protestants at large or strickt Professors 35. That should the Army disband til Liberties are secured they would be a ludibrium to all the world and culpable of all the sufferings of Gods people 36. Some late Arguments against the Parliament answered and the Honor of that high Court in all things to be maintained so as the Honor of God do not suffer nor the peoples liberties destroyed 37. No man to grow rich in a time of Civil War Nor usury then to incur some Vsurers within the statute de judaismo and a provision that there may not be a begger in Israel 38. God wil not suffer any good Governors to be destroyed so long as they Administer Justice but t is dangerous for the supream Court to deny the people their Just Liberties 39 Forreign Negotiations against Protestants and the private Interests of some which are contrary to Publique Liberties are Grounds for the Armies continuance 40 Religion introduced by blood every where but in England a Prophesy concerning the sword to that purpose therefore truths which cost dear are to be loved 41. That war is lawful to defend Religion not to promote it that the sword maybe imployd for Religion as the servant of justice 42. Who are the hinderers of Irelands Releif and how Antichrist with his left hand may fight against his right 43. That H. 7. did wel to kil R. 3. and long may his Royal race inherit in our present Soveraign Lord King Charles and his princely Progeny 44. The Author
fearing nothing so much as Errours and Heresies concludes upon the whole matter having read all arguments pro and con that it is better to suffer a mischief then an inconvenience better that many good Christians should be imprisoned for their consciences then that under the Notion of Independency the peace of the Church should be indangered by Errours and Heresies and gives his vote though with some reluctancy that those that cannot submit to a Government let them go beyond sea where they may enjoy their liberty and not having faith enough to beleeve that truth will at the length get ground of errour nor cleerly understanding that the sword of the Spirit must cut down Errours takes the materiall sword which was never sanctified to that purpose whereby it will appeare how vain that objection is that the Army hereby loses all their honour in not disbanding upon vote being commissionated by the Parliament as if a man that takes a Commission to fight for Laws and Liberties that concerns himselfe and others hath any reason to sheath his sword till he hath obteined what he fought for since by Gods infinite blessing upon and gracious presence with our Noble Worthies in Parliament and victorious Armie the ship of this Kingdome after many Herricanes is safely arrived full fraught with those precious commodities of the Subjects Liberties and properties whereof Liberty of Conscience is the maine so as no man pretend a conscience to disturb the peace of the Kingdome which every Student of the Law knows when the peace is broken Those men that by the Oars of their pestilent Counsels shal be working to row this ship back again into the sea of a second and more bloudy warre are unworthy of their generation unworthy to breath in English ayre be they reckoned the great Catoes for counsell or any other incendiaries in the Kingdome who thinke they cannot stand fast and permanent but by the ruine of others more faithfull then themselves there is no necessity for a man to be of this judgement or that but there is an absolute necessity of peace and preventing new troubles 't is absolutely necessary to maintain the royall law of love all Laws and Orders for uniformity must doe homage to the law of unity and brotherly love we must not cut mens toes and fingers to make them all of a length if uniformity were so absolutely necessary then ought they to conforme to those whâ—ch out of conscience cannot come to them rather then the Kingdome should be destroyed for they may safely come to them and what would not an honest man doe to save a Kingdom that may be done with a good conscience They arâ— bound by the Law of God to deliver Gods people and this whole Kiâ—gdome from all oppressions both in soules and bodies A man may be damned for not doing his duty as well as committing a great sinnâ— Moses sayes that they that forsake their brethren shall never come into Canaan so Mat. 25. In prison and previsited me noâ— his Army ought by the equity of that Scripture to keepe all honest conscientious men that offend no just Laws out of prisoâ—s you may read in that Chapter that Jesus Christ is that great Travailer who â— this Ascention tooke his journey into a far Countrey and delivered his goods to his servants as it is in the parable of the Talents and in a time of Reformation every Christian must help to facilitate the worke for Christ appoints no Lord Treasurers to impropriate his gifts but all stewardâ— oâ—â—y out what God bâ—th given to every man for the good of the Kingdom of heaven that I take to be the meaning of Mat. 6. To set the Crown upon the head of Christ every man ought to serve God by serving his Countrey in his lawfull calling the end whereof is not to multiply riches but to doe good in his generation men abuse their callings Called Contra formam Collationis and an action will be brought another day against many rich men in this Kingdom Take another Scripture Thou shâ—lt love the Lord thy God with all thy soule toto corde anima mente with all thy heart couragiously for courage belongs to the heart the soule of religion is to be valiant for Religion and to fight against those that would rob us of it not to kill them but to preserve it with all thy soule affectionately for Anima is the source of all the affections what a man loves he will defend Religion is a mistresse well worth fighting for her defence with all thy minde the minde is the superiour part of the soul spiritually discreetly with zeal according to knowledge The thing I intend is that Christ must be honoured with strength and power as well as with other naturall parts and abilities and riches or any other gifts some have written which yet is so weake an errour that I wonder it should deceive any man that the sword ought not to be employed for Religion that though I may fight to defend my clothes or my cattell I may not fight to defend my Religion like some Indians that will fight for a pin but not for gold Possibly a mans pen and his heart may differ in opinion I know there were some in Germany pretended that no man ought to fight in Gods cause but to contend lachrimis precibus as King H. 8. was wont to say merrily If it be a good Religion it will defend it selfe if a bad one it is not worth defending let God alone with Religion but these very men did afterwards fight for Religion in pretence at least and said their former opinion was good unlesse God puts the Sword into their hands It seems to me that the Revelation holds forth cleerely that the Saints must have the honour to destroy Antichrist whose spirit reigns in all those that will domineere imperiously over the consciences of their brethren for therefore is he called THE Antichrist It would be an excellent worke for some judicious Minister to explain that in the Revelations how the holy faithfull and chosen shall make a warre for the Lambe against the Beast and prevaile and whether any of the ten Kings shall hate the Whore it might be very satisfactory This worke of the Army is Gods own handy-worke their not disbanding had its immediate rise from heaven the Lord would not have them lose the glory of all their victories the very truth is that it is meerely and purely for the love of this Kingdome that they keepe the Sword a little longer and not for any pecuniary respects or self-ends I am credibly informed and I verily beleeve it that notwithstanding any thing said or done against them they were fully resolved and concluded to disband and to commend their righteous cause to their heavenly Father with the rest of their brethren in this Kingdome but as the hearts of Kings so the hearts of Armies are in Gods hands as clay in the hands of
and the best men are but men at the best subject to the faults of the irascible and concupiscible faculties 5. That to assume a Government without a title and to act beyond Commission to the destruction of those whom they should preserve is all one in reason and so King James that Phoenix of his age for solid learning agrees that there may be a Tyrant as wel by male-Administration as he that comes in by Conquest To speak of the several Conquests that have been made in this Kindom by the Romans Saxons Danes and Normans as also whether William the Conqueror came in upon his Remittor by ancient title I judg impertinent but this is clear as Chrystal that our Ancestors did voluntarily submit to Kingly politick Government that if the Conqueror were a Tyrant for want of title the subsequent consent of the people made him or his Successors lawful Kings being equivalent to an election as Leah by an after-consent became Jacobs lawful wife though he was mistaken in the marriage and an error in the person nullifies the Matrimony And the act of our Predecessors is as strong and binding to us as if it had been our own personal consent A Law being the act and deed of the body politick in Parliament voted by the whole Kingdom as the whole men sees hears instrumentally performed by the eyes and ears Pan. anglium Pan Aeâ—olium Pan-Sicilium The first Paâ—liament wherein by intendment every man woman and child is vertually present by representation or else a statute could not bind them and a Law binds not only their makers but their successors for Corporations never die as the River of Thames keeps thought name the new waters perpetually succeed And though it be not so clear when this consent was given yet we find that King H. the 1. Beaucleark youngest son to William the Conqueror in the 16. year of his Reign called a Parliament at Salisbury which I do not conceive so much to be derived from the French word signifying Freedom of debate as Parliamentum quasi pariam Lamentum the Complaint of the People when there is any difference between the King and his Subjects his Majesty gives them leave to choose out of themselves whom they please as Arbitrators or Vmpiers to determine the matter wherein the Subject thought himself secure that he might choose his own Judges and this was but equal because the King chose the Judges of the Law and though it doth not appear that this agreement between the King and people was reduced into writing because that easy coâ—servatory of printing was not then invented yet who knows but that it was written and since defaced or Imbeziled for my part I cannot imagine our Ancestors to be so â—rrational that they would ever agree that any man should raign over them as their lawful King by their ful consents but upon this condition that when they found themselves oppressed and burthened his Majesty should be obliged to call a Parliament and to agree to such Laws quas vulgus eligerit as the Parliament should present unto him for their happy Government and not to dissolve them till they had done the business they were intrusted to do for the good of the Kingdom for Parliaments never dye intentionally and why may not such an Agreement be lost As we know the Records of many Statutes are not to be found yet it is written in the heart of every understanding man that so it was for how irrational is it to imagine that the King was not bound to call Parliaments 36. E. 3. c. which by Statutes ought to be every year or oftner as need shal require and if the King might disolve them when he pleased what fickle things were Kings what vain things were Parliaments and though it have been strongly objeâ—â—ed that when things have been wel setled the King is to have the negative voice in making new Laws though not in expounding the old because a Kingdom may subsist without making new Laws but not without executing the present Laws I say that the objector is defective in stated Policy for the alteration or enacting of new Laws is as absolutely necessary as to execute those which are made a Kingdom may be as wel undone for want of the Kings negative voice as for not executing the Laws already establish't for the wisest Parliament cannot foresee what wil be best for the Common good the next year Such Exigencies of State may happen and I observe that what hath been objected by the Kings late party to the contrary hath been that the Law is otherwise but words are the least part of Reason that which Mr. Jenkins writes is most true according to the Authorities which he vouches but what Authority is it some of the Judges of the Common Law very good by whom were they made Judges By the King How came they by their places The Eccho is buy them for until the statute of 5. E. 6. All judicial places were generally bought and sold as Horses in Smith-feild for a cheif Iustices place it may be 10000. hath been given and how long to continue during the Kings pleasure was it safe for them to argue for the Liberty of the Subject against the Kings Prerogative the Temptation was very great to be for the Kings side in all Arguments besides Parliaments have been discontinued and short-lived for my own part I do not much value his judgment In a question of prerogative who holds his place at the Princes pleasure for to stand to my own judgment or the judgment of him whom I elect is much alike yet as there have been in all ages some that have stood for the Honor of Christ and resisted unto the death so there have been some that have argued for the Peoples Liberties Bracton saies Rex non habet parem in regno suo nisi Comites Fortesâ—ue Barones et communes in Parliamento et hanc potestatem a populo effluxam Rex habet Another that Rex est singulis major universis minor that the King hath no Peers in his Kingdom but the Lords and Commons in Parliament that the King is greater then any Subject but less then all his Subjects and that he derives all his power from the people Fits Herbert and Shelley that the King is servant to all his Subjects set over them for their good and this is the voice of right reason 't is impossible to imagine that ever any man should have the consent of the people to be their King upon other conditions without which no man hath right to wear the Diadem for when the first Agreement was concerning the power of Parliaments if the King should have said Gentlemen are you content to allow Me my Negative voyce that if you vote the Kingdom to be in danger unless such an Act pass if I refuse to assent shal nothing be done in that case Surely no rational man but would have answered May it please Your
Majesty we shal use all dutiful means to procure Your Royal Assent but if You still refuse we mst not sit still and see our selves ruined we must save the Kingdom without Your Consent though we hope not against it But then saith the Obiector where is the Kings power I answer nothing at all diminished his Maiesty hath more power then he can imagine for the preservation and happiness of the Kingdom which is the end of all Superiority but nothing for the destruction and desolation of the people we say God is omnipotent and yet he cannot sin nor do any iniustice shal we say that the Kings power is diminished because he may not hurt the people or that a man is less in health becaus he hath many Physitians to attend him nothing less for 't is impotence and weakness to do hurt and iniury but the King is impowred for the good of the people true but he may not say that is for the Kingdoms good which they say is for their hurt what I do for my own good I may undo Methinks this should satisfie every noble Prince let my Subjects in Parliament propound what Laws they please for their own security 't is a great ease to me if the Laws be not good they may thank themselves if they be good the honor is mine my consent being as the Master-builder that gives the form and life to the Architecture and if the Subiect suffers I cannot be blamed but if the contrary should be Law what miserable things were Subiects who wil trust his own father with his life And who can be merry if a King or Governor may divide his head from his body or him from his dearest relations by imprisonment or otherwise when he pleaseth but here lies the root of all our misery we take all for gold that glisters every thing to be reason that looks like it and every case to be Law which we find written in our Law books whereas Law is reason adiudged in a Court of Record where reason is the Genus the Court makes the difference from extraiuditial discours which may be rationally yet is not legally iust if it be not reason the pronunciation of 10000. Judges cannot make it Law no more then the Venetian Madonnas can by their huge high heels in reality add one Cubit to their stature as for example 't is a Max me in Law that the King can do no wrong therefore if he kill or ravish 't is neither Murder nor Felony I say 't is against reason therefore against Law for if the King may kill one man he may kill one hundred and what Courtier dare give any faithful advice when the King may without controul kill him or strangle him and so not be guilty of blood as the grand Turk that having promised to spare a mans blood caused him to be strangled and so shed no blood or something like the case of the Duke of Glocester by King H. 7. this was acknowledged by the Tyrant who having a mind to kill his brother his Chancellor told him he might not by Law commit Fratricide but saith he is there not a Law that I may do what I please and let but Mr Jenkins answer whether those Judges whose Authorities he vouches were not of opinion that whatsoever the King did it is in Law no offence and then all that he hath written or can write against the Parlâ—ament wil not bear the weight of a feather and I humbly intreat all indifferent men that read books more for satisfaction then a desire to contend for any party but to answer me this question Why should there be any more credit given to the opinion and authorities of the Judges specially such as payd dear for their places in matters of difference between the King and his Subjects in point of property then there was to the Bishops for matter of Divinity were they not both the Kings creatures alike Was it the way of preferment by standing for the liberty of the Subject to get great estates Have not the Iudges in many Countries been the raisers and first founders of great and noble Families And were those estates got by pleading for the liberty of the subject against the Prerogative We know who it was not long since that got a vast estate and thinking to ingratiate himself with his Prince said he was seldom or never of counsel in passing any Pattent but he reserved some starting hole to make it voyd in Law if need were which was as good as an act of Resumption This is the grand Error that subordinate officers are accountable only to the King and the King to God whereas all Judges and Magistrates are intrusted by the people if the people give power to the King to chose them 't is out of a confidence that his Majesty wil nominate such as shal most faithfully serve the peoples good and when Arbitrators are impowred to choose an Vmpire he may be truly said to be chosen by the parties litigant this ruines Justice when men in places of Authority more esteem him that gives them their Commission then the business that they are imployed about when their eyes are more intentively fix't upon the stars of their inclinations who preferred them then upon the publick good of the Kingdom for whose sake they were preferred for when a Magistrate is made great the principal intent and meaning of the Law is not his greatness and honor but to advance publick justice I but says one he is such a mans creature raised by him E vilissimo pulvere must not he requite his love and pleasure his Father No justice is blind and knows neither father nor mother the Judg looks not at the manner of the conveyance of his power how he comes by his Authority but at the matter of his Commission and the true end of Judicature the right understanding of one Scripture 1 Pet. 2.13 14. makes a good Judg the words are plain and being learned for learning is a special gift sanctified for matters of policy and government observes that Kings are a humane Ordinance as wel as Corporations and Societies and concludes that all those Scholastical discourses of Kings being Jure Divino are but tryals of Wit and by Supream he intends that the King is supream to administer the Law not to make Laws much less break them and Governors sent by him are for the punishment of evil doers and for the praise of them that do wel the want of this consideration ruined the Judges in point of ship-money the greatest part whereof were very very learned men Haec est crede mihi cunctorum causa malorum Scripturas Domini non didicisse sacras I know this Error in judgment undid the Lord Keepers Finch and Littleton men of brave spirits had they been for publick liberties Lord Chief Iustice Banks a man profoundly studied And Mr Jenkins being made a Iudg thinks himself bound in honor Junare in verba English men
God is a King in heaven alas Mr. Jenkins speaketh too meanly and lowly of the Kings prerogative both in those Incommunicable Excellencies of Infinitness and divine perfection as also his Majesties power and perpetuity that by a non obstante he may dispence with a statute Law a pure invention to set the King above the Law I thought thus that seldom did any man refuse to be a Bishop or a Judg and when I read those cases that it hath been often adiudged that the King could do wrong I conceive the meaning is that the King should do no wrong a letter wil much alter the case for I find that when smal offences and trespasses are not punish't a reason rendred that the Law regards not smal things the book to warrant it carrys the sense that the Law reckons not the minuts and the odd hours which make the Leap year and I find Mr. Jâ—nkins though certainly a man deeply learned in Law Cases and in the Histoâ—ical part of the laws I wish he had so wel studied the end of Government which is the welfare of the people vouching Authorities by the halfs for where he says that Bracton says the King hath no superior or equal but God he omits what the book adds unless it be the Lords and Commons in Parliament and so a man might as wel argue that our blessed Savior said hang all the Law and the Prophets because he said upon these two Commandments hang all the Law and the Prophets When I read that the King may pardon murder specially if the word murder be not in the pardon I find it contrary to Scripture and therefore take it to be no Law and when I read that the King by his Prerogative may make a 20. s. piece by Proclamation to go currant for 40. s. or to be worth but 6. d. I conceive this to be against reason and so against Law worse then that abominable project of brass money as the Honorable Commons were pleased to call it for if I have 20. s. in my pocket and the King may proclaim this to be worth but 6. d. then may he take 19. s. and 6. d. from me and then where is the liberty of the Subjects Therefore I conceive that the Kings Prerogative in moneys is for the wel ballancing of trade and equallity of exchanges between us and other Nations in case that other Forraign Kingdoms or states should inhanse or debase their moneys the King may do the like for the good of this Kingdom that our moneys be not exhausted and drawn out of the Kingdom if it should be much dearer here then there but the purest fallacy that I have met with is that how can the Parliament grant a pardon to others when themselves sent to the King to New-castle for a pardon as if a General pardon which is usually granted at the end of every Parliament should prove the Parliament men guilty of all the offences thereby pardoned A general pardon which is in effect as an act of Oblivion supposes no particular man guilty but tollit reatum quoad mundum but a special pardon pre-supposes the offence and must be pleaded and so reason speaks it out that the King hath no Prerogative whereby to hurt the people but wholly for their good save only in matters of honor and pleasure and in a favourable construction of his Grants to be construed according to his intention and not deception which Priviledg every Subject in reason ought to enjoy and I wish heartily that his Majesty may enjoy all his ancient and undoubted Royalties and Prerogatives that are according to Scripture and right reason besides which there is nothing that can judg between a Prince and his people but the sword and let his Majesties Honor be superior by many stories then it was for the preservation of the Kingdom in all things not injurious to the Subject which his Majestie saies is all that he desires and God forbid he should have any less but let him not have power to hurt his Subjects for he that by Law may do so though he were the best man living yet he is a Potential Tyrant and his Subiects may fear him but they can never love him and the conceit of such a power is enough to spoyl the best Prince living I know some Hispanialized Courtiers and Common Lawyers that having rested in the Letter of the Law not looking into the true meaning of it have made his Maiesty beleeve that the Parliament have done him wrong and taken away his Forts and Castles from him What reason can Mr Jenkins or any man give why the King may not as wel command all the money in the Kingdom as all the strength in the Kingdom or all the horses in the Kingdom in order to the Militia As the Pope commands temporals in order to spirituals for money is the sinew of War Whereas his Maiesty was never intrusted by the people against themselvs but against forraign forces and that I take to be the meaning of the Oath of Supreamacy which was intended against the Pope that the Pope is in no sort head of the Church other meaning I know none in a spiritual way but civilly and so it was declared by that gracious Queen Elizabeth about the 13. year of her raign which is or ought to be printed For did ever any rational people put the sword into the hands of any man to have the point of it turned against themselves that 1 Sam. 8. proves that Kings are to fight the peoples battels not the people to fight their quarrels and if it be obiected that the King never intended to hurt the subiect with their own sword I answer that that is all one if the people say otherwise for they must iudg because al the people cannot meet together therfore the Parliament must judg for not to argue the point concerning the power of the Militia which is but to argue whether a man be bound to kil himself Put the case there were 20. men travelling together in a dangerous wilderness they intrust one as a Captain to carry the sword to defend them against all assaults coÌ„mand them in order to their best safety and make him Governor at last they are of opinion that this Cap. intends to betray them they intreat him to redeliver the sword he promises to be faithful to them now in this case if there were no apparent ground of jealousie and distrust the 19. are to be blamed for their levity disloyalty but yet this Governor is bound in justice and common honesty to restore the sword and not to make a war against the 19. to reduce them to obedience for if they wil be destroyed who can help it God doth not save any man against his wil but of unwilling makes him willing nor must a Kingdom be saved against their wils a Prince is not to lead his people by their noses but to open their eyes to see their own
his Majesty give his Royal Assent to all such Laws that both Houses shal present unto him Put the case then that the Lords and Commons in England present an Act for the free exercise of the Protestant Religion in this Kingdom and the Lords and Commons in Ireland present an Act to his Majesty for the establishing of Popery in that Kingdom what should his Majesty do in such a case Must not his Maiesty see by his own eys and make use of his own Iudgment and discretion what is fittest to be done therein Are not the sinews of the Leviathan perplexed as Iob speaks is not this a ground to scruple the verity of that doctrine that his Maiesty ought by his oath to ratifie such Laws as shal by both Houses be agreed upon I have known many Clyents reconciled after tedious suites and long endeavoring the ruine of one another but it hath been upon this ground that they have verily beleeved that nothing was done by either of them maliciously but in order to the obtaining of their several rights and that by Gods blessing hath been an expedient not only to tye their hands but to unite their hearts that it may be so between the King and Parliament is my dayly prayer til it be so this Kingdom wil not be setled in peace and tranquillity The very truth is that by the Letter of Scripture and some Law cases the King had a Colour to do what he did as Gods Ordinance having an undoubted right to the Crown by descent as his proper inheritance which no other Court in the Kingdom could have the least shadow of reason to do if they should break trust with the people I have but one stair more to mount before I come to the Army and that is how far the Kingdom is to be obedient to the King and Parliament in all cases And herein I desire to be carefully observed because the Kingdom cannot be convened in it's diffusive body therefore it is formed into an artificial body in the high Court of Parliament which without all question is the Supream Court from which there is no appeal to any other concerning positive Laws for the deciding and determining of the arduous and most difficult affairs of the Kingdom both for titles of land when they please and all the great turnings and windings of state it being most proper to determine the greatest matters in the highest Court in which cases though the judgment of Parliament be not unerrable because the members not impeccable yet it is Inevitable for the Publique judgment of state resides there and it is the wil of God that for the preventing of wars and bloodshed that there should in every nation be some supream Court to whose determinations every private man is to submit as it is in Deut. Deut. 17.11 possibly many of the Iews might conceive that the juâ—gment of the Iudgâ—s Levites was not always right yet it must stand to prevent a greater evil I am not of opinion with learned M Jenkins that acts of Parliament which carry a seemâ—ng repugnancy are voyd or that the Judges have power to controle acts of Parliament and construe them to be void for this is to erect a higher tribunal the Judges are obliged to expound the Statute according to the intent of the makers otherwise they that are at the Oars should row against them that sit at the stern The intent of the Legislators is the Empress and Qeen Regent which the Judges are strictly to observe and theâ—efore that objection of a repugnancy in the countenance of this Paâ—liament for how can therâ— be a Parliament every 3 year if this continue 7 years is but a flourish for in all acts grants and wils such an Exposition is to be made that every word may have its weight and be of force the meaning is plaâ—n that after this Parliament theâ—e shal be a Triennial Parliament some incongruity no more then when a man makes a Lease for 7 years after from year to year and no acâ— shal be construed to be voyd when by any reasonable intendments it may be made good the Judges being Assistants in the upper House cannot but know the meaning of the statute if it should be penned obscurely and by the same reason they ought as wel to take notice of every private act as those which are general and not to hazard the right of the Subiect upon a nicity of Pleading which is so fatal to many mens rights but it behoves Mr. Jenkins to hold that Iudges may expound acts of Parliament to be void when himself being a Iudg in Wales nullified Ordinances of Parliament made for the liberty of the Subiect which he ought to look upon as an Ordinance of God not to be disputed but obeyed but this is the fruit of his studying Law upon the Sabbath days whereof he was wont so much to glory that he gained one year in 7 in his study but all the hurt I wish him is that he would now study the Law of God which is the only touchstone of all humane Actions and the Archetype of all Governments and what is against it is pure innovation But this I agree that a statute against the law of God or nature is void for man having no hand in making the laws of God or nature they may not intermeddle in the Changing or repealing of them but any positive law made by man may be altered by the same Authority and therefore the meaning of that in Dan. like the Laws of the Medes and Persians which are unchangeable is to be intended either that those Laws were only a ratification of the Law of God or nature aâ— the Counsel of Trent that gave Authority to the holy Scripture or else that they might not be altered by the Emperor without the peoples consent In the next place I conceive that no fundamental law of this Kingdom can be altered by the King and Parliament but my meaning is that nothing is fundamental but what is for the safety and happyness of the people that which was no Law before it was written that may be altered but the happiness of the people was a Law before all written Laws Magna Charta was Law before it was written and collected but for easier Conservation being for the peoples happyness and that statute in 42. E. 3. that every Law made against Magna Charta shal be void is no more then the voice of Reason for the Foundation cannot be removed so long as the building stands It troubles me to hear when I am saying that Lawyers ought not to make the trouble and disquiet of poor men the Basis of their Grandor And that it were happy for the Kingdom if the Parliament would device some expedient for summary justice what saies one wil you destroy all and change the fundamental Constitutions of the Kingdom As if the ease and welfare of the people should be their destruction I look upon it
the use of the Directory hee would not think it fit that his MAJESTY should have the liberty of his Conscience he sayd wee had Covenanted against it to take it away as a branch of Popery I told him the speciall point of popery to be rooted out is all domineering and tyrannizing over the conscience Are wee not all the servants of God why should wee Lord it one over another in matters of conscience but hee replyed that we were to bring all to the neerest Uniformity I answered that neerest was not the same Many ships sayl neer a Rock that come not to it the Common Prayer Book and Directory are very neer of kin I know no reason why they may not bear with one another if his Majesty and the Parliament please I remember being at Sedan a passage not unworty to be inserted the Duke of Bullun Prince of Sedan whose Ancestors and himselfe had been speciall friends to the French Protestants for the love of a beautifull Romish Lady changed his Religion and turned papist The Town being all Protestants as good reason they had accordingly opposed it He entreated them that he might be married by a priest in the Towne they refused it The Duke left his Mother the good old Madam in the Castle went away and was married return'd with his Lady but the Inhabitants shut the gates against him and so hee went to one of his Summer houses two leagues from the Town and there were severall Treaties between him and his Subjects about his Re-admittance He alledging that since he and his Ancestors had been the procurers of their Liberties why should they envy him the liberty of his conscience they sayd He was a Star faln from Heaven and it would be dangerous for them to be under his command An Englishman discoursing with Molinaus and Rambursius two learned Ministers about it assumed by way of argument that as that case stood with all its circumstances for them to deny him the exercise of his conscience who had purchased their Liberties was most unjust in it selfe and would be prejudiciall to other Protestants by incouraging Catholike Princes against them and might bring mischief upon their own heads at last he had liberty to come into the Town the Lady Duchess his wife and Masse was sayd in the Castle allowing her two priests and no more but not long since the French King made advantage of it against them that they denyed liberty to their naturall Prince and they are now I feare as the Rochilers are and no freer But this I drive at Rigid Presbytery is but yet a Probationer if it should be setled in this Kingdomâ— in the height and power of it it would undoubtedly cost ten times more bloud to remove it then ever it hath done to abolish Episcopacy I speak of a Rigid strict Presbytery that make their judgement as the Kings Royall Standard to weigh and measure all opinions by them to walk by their rule which will admit of no Exceptions if you would know what such a Presbyter is you may take it thus A Rigid Presbyter is he that is against every man and every man against him he will endure no man in the Kingdom but those that are of his opinion in omnibus and therefore no man in the Kingdome hath reason to endure him I assure you that that grievous Disease called the Sudor Anglicus the Sweating Sicknesse which lasted about forty years in this Kingdome that swept away so many that Harvest could not be Inned in many places was not so dangerous to this Kingdome as this Rigid Presbytery if it should grow inveterate there is a Prophesie in Scotland It began with Knoxs and must end with knocks my prayer is that the Rulers in that Kingdom would have a more favourable regard to tender Consciences and give free liberty to Gods people in their Native Kingdome There are many Scots banished into Holland and other places for matter of Conscience whom I verily believe to be precious Christians some of them told mee that their parents had been principall Instruments in the Reformation of Religion in that Kingdom and therefore took it unkindly that they should be exiled for some differences in opinions no way fundamentall or destructive of State-policy for why in the name of God should it any more disturbe the peace of the Kingdom to permit Christians to pray together in a private Chamber then for others to meet there about their ordinary businesse I desire deerly to be conceived when I use the word Presbytery the Lord knows my heart I use it onely for distinction sake not for reproach I do not oppose nor speak against a moderate Presbyter but look upon it as an excellent way to restrain vice and for my own part I like it for that which many fear it Namely it will be a means to prevent many frivolous quarrels and contentious Law-suits Certainly there is an externall beauty in that Government in Scotland Geneva the French Congregations but truly the power of Godliness is seen but little amongst them I have known in a Presbyterian Ministers house that there hath bin no prayer nor Family dutyes performed twice in a yeare and Examination before the Sacrament counted superfluous and if any thing have been questioned no other answer but the Puritans in England will be under no Order nor Government Is it not fit that Gods people for whose sake the World continues should have a being in the World if they can mayntain it nor do I say any thing against moderate Presbyters I believe there are many godly men of the Presbyterian judgment though not as they are Presbyters Saint Peter opposed Christ in the worke of redemption for which our Saviour sayd unto him Get thee behind me Satan and the devout women opposed the Apostles in the planting of the Gospel Amaziah and Jehosaphat good Kings of Judah yet took not away the high places Hezekiah did and Josiah yet more and more all godly men are not equally enlightned Were there not some godly Conformists think you in the Bishops time that opposed Nonconformists He that is the strictest Presbyter now possibly seven yeares since was for Bishops and seven yeares hence if God give repentance for keeping his Son Christ out of his throne may be an Independent But this is the misery that those men which are the most zealous promoters of the Rigid Presbyterian way are Politicians whose greatest Religion is to be of no Religion at all that play their game so cunningly that the godly Presbyterians not discerning their ambitious aymes which is to make themselves Grandees in Church and State joyne and concur with them as I have told you what the Rigid Presbyter is so I shall expresse whom I mean by the godly Presbyter I am well acquainted with many of them and I verily believe in my conscience that hee is such a one who really intends the glory of God and the welfare of this Kingdom and
mayntain them peradventure an Oath in such a Case might do no hurt For though Father that swears to educate his Childe in good nurture and literature be no more obliged to do it then he was before yet the obligation of an Oath whet's the remembrance of that duty upon him to do it with more alacrity and resolution for his Oaths sake I know there is a strong reason to be given why it is â—â—â—dless because in true policy Interests are and better State security then oaths The Lords and Commons Vote for themselves for their own goods as well as the Kingdomes If the Kingdome suffer they suffer in their private Estates and therefore the highest point of policy that humane prudence can reach unto is this when a man cannot hurt mee but hee must hurt himselfe when he cannot pluck out one of my eyes but hee must pluck out both his own for our Parliament Worthies are Elder Brothers and have a double portion in this Kingdome In such a case I may safely trust them for which reason the King and Judges have been ever sworn but the Commons not It is much objected that they cannot administer an Oath and why so Because they do it not that 's no good Consequence they that may lawfully put the Kingdome into a martiall posture to defend their own Liberties may certainly administer an Oath if they please But there are two Reasons why it hath not been accustomed 1 A violent presumption in Law that nothing can be done in the Kingdome but the House must have notice of it for so the Law says that every private man must be presumed to take notice of every thing done in his own Hundred or County 2 For the great reverence every man is presumed to beare to that great Assembly that no man dares affirme an untruth before that Honourable Presence I am sure that Legem dare est summitas Imperii They that have the greater power must have them lesse included Nor do I lâ—ke those expressions that the Commons are the Kingdoms servants and receive wages for their service by Law Magistrates doe not so much serve the people as the good of the people and so are superiour the Members Vote as well for their own Interests they are the most considerable men of parts and qualities in the Kingdom the reason of the Kingdom resides in both Houses of Parliament to them I must submit my Interest though my judgement is not enthralled the ultimate resolution of all things not against the Laws of God and Nature which only nterpret themselves is in Parliament This principall of ultimate resolution which in setled times is joynt in the King Lords and Commons may under favour be divided in a Case of necessity without any change or destruction of the Government and without any prejudice to the mixture of the severall estates when that necessity is removed Nor do I like severall other expressions to the same purpose as that of the Potter and the Vessell that the Counties are the Fathers begetting and the Boroughs the Mothers that conceive and bring forth the Burgesses and that if Absalon rise against David it is high Treason These are truths but little to the purpose for which they are produced but many honest people are much troubled at the burning of a Petition which was lately presented to the Honourable House what greater mischief can befall a people in time of Parliament then that those which have ventured their lives for the Petition of Right should be denyed the liberty to petition truly I dare not presently censure every thing for which I do not apprehend a sufficient reason Many grains must be allowed to reasons of State so long as Governours have a generall Care and ayme to the publike good and do not of Common-wealths men become private-Wealths men nor turn the edge of that power against the people which they put into their hands certainly there is no Counsel in the world but may erre let the chiefe Incendiaries who undoubtedly mis-informed the House answer it Our Honorable Worthyes which like the heavenly bodies have been in continuall motion for the good of this Kingdome so many yeares deserve all possible veneration and he that runs all day and trips it may be once or twice being wearied with multiplicity of businesse 't is no imputation amongst wise and judicious men For as God does not judge a man by every action but the whole tenour of his life so must the people judge of great Counsels What hath the generall bent and endeavour of the Parliament been since their first convention but the safety and liberty of the people Had this Kingdom been in a way to happinesse but for this Parliament 't is true the Army hath been principall Instruments of our deliverance but who raysed this Army and put the sword into their hands If Timotheus had not been we had not had much sweet Musique instead of singing Hosannaes to the most High we might have hanged up our Harps and sung Lachrimae but if Timotheus his Master had not been we had not had Timotheus The Parliaments chiefest care hath been the safety of the Kingdom and if in the carrying on of that some of their own private good hath been too much involved and many of themselves enriched in this time of Calamity and some Votes not authentick in the Court of Heaven It is not well done in right reason it ought not so to be but this does not dissolve the Contract nor so much as loosen the knot between the Parliament and Kingdom it should only put those Worthyes upon a Rectification of what hath been irregular The husband promises faith to his wife one unkind word or action towards her does not violate his promise for civill matters of property many Errours and great Taxations are to be cheerfully tolerated and endured so long as it appears that the highest Court in any Kingdome hath a care to make good their promise to the people the greatest wisdome is to chuse the least evils which is ever to mayntain the Honours of Parliament as being the glory of this Nation the Fountain of all lawfull Liberties and the Defender of all Civill Enjoyments if the Ship be in danger throw out part of the goods to prevent a totall ruine let the Jonahs be cast out and the storm will cease when Sheba the son of Bichri was disprotected Joab and the Army made an Honourable Retreat 2 Sam. 20. I cannot but smile at some printed Pamphlets that to ingratiate themselves with some that are not the Kingdoms best friends say that the Army hath some dangerous designe just as bloudy Bonner sayd that the way to destroy the Kingdome is 〈◊〉 have the Bible in English Doth the Army demand any thing but what they first adventured for and was there any radicall errour in the beginning surely none if they should unlawfull demands may be lawfully denyed so far as the Army hath the Justice of
heaven on their sides so far they will prevail against all the world of opposers and no further what will any rationall man be afraid of him that draws his sword in his defence Put the case that I. S. and his followers travelling through a dangerous Forrest meeting with I. D. and his servants should intreat I. D. to draw his sword for all their defences who does so and meeting with such as would rob them I. D. and his friends most manfully and valiantly make good every passage by killing many till they are past the most dangerous place then sayes I. S. now pray thee I. D. put up thy sword nay says he there may be more wolves yet â—uickly start out of the wood let 's stand upon our guard till we be past all danger and discoursing they differ by the way in matters of opinion and some of I. S. party tels him that he is not fit to live in a Common wealth let him change that opinion or he must be opposed pray sayes I. D. since our way lies together let us journey lovingly let us live and blesse God that hath preserved us all sayes one of I. D. friends better our lives had not been preserved then to be saved by such dangerous fellows as you are I intend this Treatise wholy for the Readers brain in point of explication little to his affection in point of application but let no man be so grosely erroneous as to say that the Army is Anti-magistraticall and Anti-parliamentary what ayme can a House of Commons have but the common good The Parliament being intent to the true ends and noble grounds of their raising Forces and the Army wholy minding the reasons of their ingaging and both sincerely really and constantly the Parliament as the supreame Councell of the Kingdom and their Army as the servants of Justice endeavouring a speedy accomplishing of the most honourable and glorious ends viz. the just rights of the King just priviledges of the Parliament and just liberties of the subjects common safety just liberty and equitable propriety to which the Armies proceedings have a naturall tendencie and proclivity as the stone to fall downwards 't is impossible any differenc should arise Counsell is the right hand of Policy and the sword is the left which may assist and promote without any face of opposition the truth is that there are some whose private interests are contrary to the publique interest of this Kingdom they are the troublers of the pure waters that the people should not drinke they trouble and disquiet the fountain and then the streams must needs run muddy they are men of the same spirits from whence the miseries of this Kingdom did at the first flow that is obstructers of the free course of Religion and Justice and consequently the obstructers of poore Irelands reliefe But who must be Judges of the matters in agitation Truly the Parliament in all matters judiciall we must have no Judge of Scripture but it selfe that point of Popery hath cost us deare we must not light a candle to see whether it be day who knowes not that every man ought to have his own without vexatious attendance and that it is injustice to make a man spend 10 lib. to recover 5 lib. who shall judge whether those that have saved the Kingdom ought to have the liberty of subjects who knows not but that Petitioning is a way of peace and submission and that for Christians to meet in private to serve God is no breach of the peace The Lord grant that this Parliament by the help of the Army may be the setlers and the restorers of this divided Kingdome the neck-breakers of all oppressions in soules bodies and estates the repairers and relievers of poor Ireland which was formerly called the Island of Saints Another Objection is that the Armies not disbanding obstructs the reliefe and indangers the losse of dying Ireland Ah poore Ireland my soule is much troubled for thee I knew thee not long since Englands younger sister but thou art now the land of Ire but he that runs out to quench the fire in his neighbours house when his own is almost burnt I shall rather admire his zeale then commend his discretion I confesse poore Ireland is on such a flame that nothing but Gods infinite blessing upon the wisdome and endeavour of this Parliament can be able to quench it but English liberties which have been bought at so deere a rate must first be setled and secured The Army declared their resolutions to have ingaged in that service in one entire body which was not thought convenient if then the Army were hindered by any plot or contrivement from going thither not they but the hinderers are culpable of Irelands continued miseries but as the Army hath ever been observant to all the just commands and orders of Parliament so I hope that if hereafter they shall ingage in that service they will be well satisfied in point of conscience what it is that they fight for It is possible that Antichrist with his left hand may fight against his right To fight against Popery further then it is destructive of State policie to introduce a uniformity in the Protestant Religion is in my opinion little better but if it be to bring those bloud-thirsty Rebels to condigne punishment and not to spare a man that hath had his hand in bloud so far it is of God and he will own it but for those expressions which some pulpits ring of of rooting out that Nation and dashing the little childrens bones against the stones I confesse it makes my heart to tremble to thinke of it but those that will not submit to a generall Government must be destroyed Object But we feare the Army will over-awe the Parliament and Counsels not free stand but for Cyphers and that Justice it self may not be forced but timely hastned Sol. 1. The Parliament hath answered this Objection in his Majesties Case The King sayes they refuse to treat unlesse wee deliver the Sword into his hands which is to yield the question when any differences arise all things must rest as they are untill all be determined and concluded 2 Inforcements are just when just things are inforced the sword is a servant of Justice and is never better employed That which the Hollanders alledge for themselves is universally true if a Magistrate will not do justice the Laws mayn intention for justice must not be lost and King Philip not doing them justice was the Authour of all the mischiefs that hapned Rebellion is not to obey a lawfull Magistrate in a lawfull Act not contrary to the Laws of God or Nature besides which all Laws are Arbitrary by the Supreame Court of every Kingdome If the Army shall entreat any unjust things as the Sun may be in an Eclipse Never were any just Rulers destroyed by force there was a rising against David and great stirs in Edward the sixth's and Queen Elisabeths time but quickly
welfare and imbrace it which if they wil not their destruction is of themselves they do ill but the Lord wil not have them cudgelled into obedience for this we find an example in Scripture of the 10. Tribes which revolted from Rehoboam their lawful King who had 180000. chosen warriours to fight against them 2 Chro. 11 but the Lord forbad and though that be called a rebellion in the last verse of the former Chapter the reason of that is because Rehoboam was King by Gods institution and immediate appointment and in such a case mâ—ght Rehoboam have said ye have not rejected me but the Lord but now all lawful power is originally in the people and all lawful Governors chosen by them A Conqueror hath Jus in re not ad rem for a Conquest is but a great â—obbery good Kings raign by Gods approbation Tyrants by his permission til the people can free themselves Kingdoms at first were Elective till good Kings prevailed to have their children succeed them and certainly hereditary Kingdoms are best to prevent Factions and therefore the 19. wil have their Captain command them no longer he may not fight against them if he could procure any to take his part nor wil it avail to say that the 19. are Ignorant or distracted for he must not question the judgment of his Electors if the people know not how to choose a King then the Election is voyd and so a defective title but they that have judgment to consent for reasons best known to themselves may alter and dis-assent for this ease stands upon a special reason differing from all cases of bargains and contracts that rights vested cannot be devested and what pleased at first may not displease at last the King is born for the good of his subjects not they for his good further then to give him honor reverence and recompence this is the wil of God to prevent Wars which must otherwise follow inevitably and 't is a principle of right reason that as things are creatâ—d so by the same power they are dâ—ssolved they which may institute may destitute it strengthens our faith in the resurrection that the same power which made us of nothing can raise us out of the dust Mistake me not I say if all the 19. should so agree if but 3. or 4. should adhere to the Captain I dâ—liver no opinion in that case but I am against that opinion that if any County or burrough Town shal send for their Knights and Burgesses to return home and vote no longer that in this case they ought to come back because no man can be represented longer then he pleases this erew to destroy the frame of the Government For though every several Shire and Burrough make their several Elections yet they are sent not only to vote for the good of their own County or Town but for the general good of the Kingdom and they make not several distinct representative bodies but one intire representative body in the nature of a joyntenancy as the Soul is in every part of the body so every Member sits in the House for the good of the whole Kingdom as if chosen by all the people the several Elections being by agreement for the more conveniency But when Bâ—rgesses are chosen for one Town all the rest give their consents to such an Election and so in Law it may be called the Election of them all as between partners in a Drade one brings 1000 l. the other as much this is layd out in Commodities as a common stock now none of them alone hath power over any part of the goods though it may be purchased with his money but all things is to be done by a joynt consent no dissolution to be by parts that is to dismember the body otherwise this would follow that if two Burgesses voted only for that Town which sent them if one voted in the Affirmative and the other in the Negative nothing should be done in that particular but that which I chiefly intend in this discourse is not only that there may be a right understanding but endeared affections between the King and Parliament and truly I know no way like this to be perswaded of each others sincerity that they acted according to their judgments that light which they had revealed to them that his Majesty would beleeve as the truth is that the Right Honorable Lords and the Honorable Commons did nothing but what they conceived themselves in Honor and Iustice obliged to do for the safety of the Kingdom and that otherwise they could not have answered it to those whom they represented and that the Parliament would be perswaded that his Majesty did nothing but what he conceived himself in Honor bound to do without which he could not have given an Account to God nor his people with comfort for possibly there may be an invincible Ignorance of one anothers right The Cananites were in possession of a lawful title the Lord commands Ioshua to dispossess them who having a Command from God may lawfully fight and they not knowing of Gods Command might lawfully defend themselves now in this case if the Lord had not intended a National Church the destruction of the Cananites why might not an Israelite and a Cananite have been good friends and said thus one to another truly what you did you had some colour of reason for it at lest you thought you did for the best it may be I should have done so had I been in your case therefore let us do as we would be done by as there have been Arguments framed against each others proceedings so I wish heartily that the Kings Majesty and those evil Counsellors who were about him hee 's now guarded with Angels in comparison would argue thus for the Parliament the Kingdom petitioned both Houses to raise Arms for their preservation what could the Parliament do in such a case having voted that there was an apparent design to inslave the people had it been sufficient for the Members to have told the people Truly we gave his Majesty faithful advice besought him to reform what was amiss but he hearkned to his Courtiers and would not and so we left him to do what he pleased What would the Kingdom have said in such a case would they not have exclaimed against their Knights and Burgesses as the French do against their twelve Peers which being intrusted to oppose Tyranny prevaricated Oh ye unfaithful men I was there ever so great a breach of Trust in the world heard of Did we Elect you to infranchise us and do you suffer us to be inslaved Would you not put us into a Posture of war to defend our selves but suffer us to be destroyd insensibly since you wil not deliver us our freedom must come some other way what can be said in reason against this And so that the Parliament would argue for his Majesty amongst others to use but this What must
as one of the most necessary works to be done in this Kingdom and that wherein there wil appear much opposition and if it be not suddainly done it wil not be done in this Generation our Laws are actually or potentially the best in the world for if any thing be amiss the Parliament may reform it according to right reason which is the soul of al humane Laws without exception no Law ought to live longer then the reason of it continues away with all bugbear objections and after Naseby fight lets never distrust God for any thing I mean let us have such Laws as are not directly against Scripture and for which some reason may be given besides the course of the Court for that for which probable reason may be rendred on both sides is not fundamental as the eldest son to inherite the whole estate certainly there ought in all reason some provision to be made for the young Children if the Father make none for them in his live time but true it is that many positive Laws are fundamental secundarily to alter which would be ful of danger and inconveniences unless it were most evident that great utility would thereby arise and accrue to the Kingdom but that is not my present work something I intend concerning Government in general rules by which no man can conceive himself prejudiced as by general rules of Physick no wise man can expect to be cured 1. That the people girt the sword about the King the King says our Law books is the fountain of honor and it is true for the peoples good therefore doth the King make Judges and Magistrates great that they may not be afraid to do right and justice to their brethren so that indeed the state confers honors by the King as the King gives the Alms by his Almoner they presume that the King wil make no Lords but such as shal be an honor to the Kingdom in whom the Kingdom shal be preferred the Judges Robes are for the Kingdoms good to strick a terror into offenders if the Kingdom or the Parliament which is the state contract can justly except against those which are honored that is if they by their greatness oppress the people and Lord it over poor men the honor ought not to continue for all Priviledges and Preeminences are forfeited by abusers no Priviledg which is a private Law must oppose Publique welfare Indeed nothing done without the states allowance is allowable that is nothing against the fundamental good of the people and truly the main end of Parliaments is to supervise the Publique Magistrates to see that Ministers of justice be just and execute justice impartially If Kings did always prefer good men and conferr the great offices of trust and judicial places upon the most idoneous and best men in the Kingdom which are Infra Causam meriti that best deserve them there would be the less need of Parliaments I mean officers of the Kingdom for there are officers of the Empire for the Administration of Publique justice and officers of the Emperors as his Domestical servants answerable to our distinction of the Kings natural Capacity and his politique Capacity art is always the perfection and never the destruction of nature Let me but humbly observe a little defectiveness in state policy concerning the Kings Councel That the Regal heires have not in their princely education Tutors to instruct them in that which most concerns the good of the Kingdom which is Councellors to acquaint them in the fundamental laws of the land how improper is it that the Kings Counsel should be least of Counsel with his Majesty but by per-audience to gain other Clyents and be ingaged in other mens business when they should be attending his Majesty stil presenting the law before him which is the golden rule of justice Judg Fortescue holds it necessary for the peoplâ—s happiness that the King see with his own eys what is for his peoples good that so he may reward the most vertuous the Frâ—nch King is enioyned to pray so much every day to be exemplary to the people how happy would it be if the nobles and Grandees of state would study that fundamental and true end of Government which is the wâ—lfare of the people The young Prince of Persia hath 4 Tutors for Religion as many for the Law but 2 for Martial Exploits for they said for the King to know how to ride the Great horse is but half as good for the Subiects as to know the law by which he wears his Crown and one Tutor for every moral vertue patience courtesy temperance chastity c. 2. Not to argue whether we live under a Government mixt and co-ordinate or simple and subordinate 't is a common Tenent that the Empire France and Spain are merum Emperium England Sweden Denmark and Poland a mixt Empire the Venetians a pure Aristocracy Holland Geneva c. Jurisdictio sine Imperio that of the 6. Kings that be in Christendom Franâ—e and Spain have too much power Sweden and Poland too little for their title England and Denmark just enough to make themselves splendid and their people happy All agree that the King cannot make a Law without a Parliament and I cannot but exceedingly magnifie the mixture of the 3. estates the superlative trust by Law is in the King Lords and Commons 't is but loss of time to look back into the power of the Bishops for 't is not much above 100. years since there were Statutes enforced for the Popes supreamacy yet so as if the Lords and Commons perceive that the King by evil advice undermines the subjects liberties to the manifest indangering of Salus they must then necessarily suspend the operation of that mixture as when 3. men are to cary a weight if one plucks back his haÌ„d the other 2. must bear it for the consideration of publick utility is always equivalent to a necessity Causae necessitatis util tatis aequiparantur in Jure and therefore it is an error to say the people do not trust the right honorable Lords because they do not choose them Their Nobility was acquired and is continued by noble actions those noble Peers that have not deserted the Parliament but continued faithful and adventured their lives and honors for the publick safety deserve eternal praises and in the multitude of such Counsellors there is much safety to this Kingdom for all true Honor consists in vertuous endowments and their improvements the principal whereof is faithfulness to the Kingdom expressing their honorable endeavors after that in works of mâ—rcy justice peace and love The King is ever present by his power the Lords present in their persons and the Kingdom represented by their choycest members who are impowred for themselvâ—s and the whole Kingdom so the whole Kingdom is figuratively present by a part taken for the whole therefore the words Commâ—ssioners or Arbitrators or Feoffees in trust of exceeding their power and such
the Lords and Commons and some others is much to be commended O but how difficult a matter is it to get a motion in some places of Justice if a man could be dispatcht after four or five attendances it were brave and that which is most lamentable 't is all one if a mans Client be a prisoner whereas a politick Judg would ask at his first sitting Is there any motions concerning life or liberty or dower for Widows or Orphans and dispatch poor men first them that can spare most Fees let them tarry I know one that hath been assigned Councel for 26. Paupers could never be heard or above four or five of them 't is a po nt of great â—ngenuity in Lawyers to mâ—ve first for hiâ— poor Câ—â—nt without his Fee I have heard many of my leaâ—ned Masters that they would freely move for any poor man as often as he should desire if it mâ—ght not hinder them fâ—r their other Clients 't is a gallant spirit trulâ— though it be tâ— commend our selves yet 't is a truth and a man may commend himself to be coâ—manded and imployed as David did but some are lâ—ke Rocks and wil not be moved What do you to me with your Paupers at the latter end of the day When God knows he came two or three hours before the Couâ—t was sate What! do you think all to be heard As if we came nâ—t to be hâ—a d buâ— to hear others 3. That free people in their right wits never covenanted against the Law of God o Nature nor meant to inslave themselves to the lusts of one or more whom they elected or consented to be their Governors for the end of Governâ—ent is the welfare peace liberty safety propriety and all kind of haâ—piness of the people were it nâ—t for which there would be no end of Governors nor Laws nor can a Kingdâ—m be bound to any condition destructive to any of her own Members Law is but the rule safety is the and of Government now the end as it is first in intention so it is always more noble then the means for the means as means is always inferour to the end as he for whole sake a garment is made is more honorable then the rayment so health anâ— strength are the chief principal ends of dyet food and physick being the means therefore are inferior so are all Governors subservient to the peoples welfare as it is declared in that most excellent Declaration of the 17. of May 1646. whâ—ch deserves to be ingraven in marble Pillars that the welfare of the people is the suprem Law salus popâ—li is the end of all ends for whose sake all positive Laws may be ended and must expire like dead men for the Law is but Lord of particular persons thâ— Câ—â—munity is Lord over it nay theâ—e is no Law of Gâ—d that stands in competition against the safety of the people sacrâ—ficâ— must do homage to mercy the morality of the Subjects must be suspended to save the life of a sheep how much more for the welfare of the shepâ—erd if it be lawful to brâ—â—k the 4. Câ—mmandment in the Lettâ—r of it to save a mans life how much mâ—re lawful is it to dispence with the fifth Commandment to save the lives of milâ—â—ons all must stay and Lady Salus must first be secured the Letter of the Law must not be killing to the people a whole Kingdom can no more be â—uâ—ject to a dead letter then the Romans to their own slaves and as the Romans being a people full of generosity and courtesie never more exprest â—heir gentle disposition then by easie condescending to let their bond men at liberty so our Worthies in Parliament can never do a work more glorious then to infranchise this Kingdom in their souls bodies and estates for which they shal deserve immortal praises Q But hath not the Parliament an unlimited power and Authority Resp What agreement was between the Counties and the Knights of the Shire and the Corporations and Burgesses when Parliaments were first called no man can directâ—y say for my own part I do beleeve that there was some foâ—mal agreement reduced into writings what power the Kings and Burgesses should have and specified in the Indentures of return made betweâ—n the Sheriff and Electors and the Knights and Buâ—gâ—sses which trust the Parliamâ—nt men from tâ—me to time faithfully discharging and Contribuâ—ing to all Taxes and Charges out of their oâ—n estates the people at last were contenâ— to leâ—ve all matters indefinitely to their Knights and Bu gesses and in many Burrough towns there was scarce a man that could write in those days but the matter is not great for thâ—t which limits all Kings and Councels is the end of Government which is the prosperâ—ty of the people and all agreemâ—nts are presumed to be made for the welfare of the people No unnatural thing can be presumed Authoâ—ity is a challenge of obedience legally by such as are impowred by any people Power to speak properly is an ability to put that Authority in execution now all power in the people which they wel knowing were not so careful as they might have been to set limits and boundaries to Auâ—hority becauâ—e the strength remaining in themselves they could never imagine that any Governors would Command them to destroy themâ—elves and therefore these Arguments about seizing upon the Milâ—tâ—a and forts of the Kingdom are weak and invalid if the meaning be any other ways thâ—n this that it is Rebellion for any or many private men to resist the King and contemptuously to oppose the supream Court of the Kingdom because they are less then his Majesty but that both Houses of Parliament can commit Treason acting for the good and by the power of the Kingdom is to argue that a man may commit Treason against himself and that a man is bound with his right hand to cut off his left hand things which nature abhors Q. But what if a free people should make a general Letter of Attorney to some Governors to make what Laws they please against nature and humanity May not a man tye himself to a post as the old Usurer that would bind the young heir to a Table Resp I answer the authority is voyd and revocable for no power can be given that is destructive of humanity Q. But what if the Governors wil not let it go but act accordinly for Domination is a sweet morsel not easie to be parted with R. I answer that in such a case the peâ—ple are bound by the Law of God and Nature by force to redeem their liberties they which be impowred must be overpowred for free men can give away their freedom no further then as it conduceth to justice universal and paticular Phaâ—aohs Law to destroy all the Israelitish males or Herods cruelty or Lycurgus Law to kill all weak or old people or a Law to eat but twice a week doth any man question but these may
successe to make it very cleare that the proceedings of the Army in not suffering themselves to be disbanded till the Honour and the Liberties of the King and people be setled and vindicated Is clearly justifiable by such demonstrative Arguments that the impartiall Reader cannot but in his judgment inwardly assent thereunto It cannot be denyed but that this Army was raised to defend the just Liberties of the Subject from all Tyrannicaâ—l Uâ—urpation Arbytrary exorbitances and Irregularities and all â—ppressive wayes of Government to which end they have bin honest faithfull and true as the Turtle to his Mate for if all the malice in the world were infused into one eye it could not discern the least spot of injustice or violation of trust in this Army for he that is true to his end can never be said to break a trust let but every man consider whose actions have been most suteable and agreeable to the solemn League and Covenant whether the Armies or theirs that oppose them and then tell me whether it be better to take the Covenant and to break it or not take it and yet to observe it whether is better to endeavour the extirpation and weeding out of the precious corn under the notion of tares and weeds or to endeavour by all just means to hinder and prevent the slavery of this Kingdome under the notion of Order and Uniformity Read but the Preface to the Covenant which is as it were the key to open the minde of the makers that having in our eyes the advancement of the Kingdome of Jesus Christ sure that can be no other then to set up Christ in his Kingly Office as Head of his Church for temporall Kingdome he hath none and if man must raign over the Conscience where must Jesus Christ raigne and calling to minde the practices against the Professors of the true Religion what were those practises but to imprison and persecute the best Christians for their Consciences and the power of the Hierarchy was principally erected in the Consciences of men therefore all Domineering over mens Consciences is to be rooted out and certainly the greatest errour and heresy in this Kingdome is to assume a power over the Consciences of Gods people and an unfained endeavour to amend our lives there 's a personall reformation and to go one before another in the example of a reall Reformation that must be intended a publike Reformation not to wait upon Authority whether we shall serve God or no but the Cobler to go before the Doctor the Sculler to out-row the greatest Schollar if he can and not to hamstring them that would go foremost in the power of godlinesse for a mans generall calling of being a Christian does not depend upon the Magistrate But why should not such a Discipline be setled universally as the greatest number of wise and Learned men shall agree upon The answer is easie because in very many Counsels Jesus Christ hath been out-voted by Antichrist and the Assembly doe not say that they are priviledged with the priviledge of Infallibility let the rigid Presbyterians in the Assembly but answer me this Question whether two parts at the least in three of all the Ministers in this Kingdome be not for a moderated Episcopacy and the Common-Prayer-Book if ever it come to a Nationall Assembly differences must be ended by the major vote that which they answer that few or none will be chosen but of the Presbyterian judgement I cannot believe it for 't is a violent presumption that men will nominate those of their own opinions if it bee replyed that we see in many places where the Electors have not been very religious they have chosen the most religious Professors for the Parliament that was not for the love of their Religion but they knew they were the best Common-Wealths men that stood for the peoples Liberty nor would that serve the turn if it were so for the elected ought in Conscience to vote according to the generall meaning and judgement of the Electors wee see in the Noble Hoâ—se of Peeres a Lord that has a Proxy may vote for himself in the Affirmative and for the absent Lord in the Negative if he send to his Lordship so to doe if four or more Ministers were chosen by all the Ministers of a County and sent to a Nationall Assembly these men ought not to vote any thing against that which they know to be the generall intent meaning and desire of those that sent them but whether the generall comportment of the Army in all matters universally and their late Actions Remonstrances and Declarations be not more pursuant and prosecuting to the true meaning of the Covenant the firme setlement of this distracted Kingdome in a substantiall and compleat manner then any thing that has been published by the contrary-minded let all the world judge But when will heresie cease if there should be such an indulgence as you desire This question is answered by Bâ—ccalino Ragvagli di Parnâ—sso and t is worthy the reading All the great ones came to the Oracle of Apollo to enquire concerning themselves at last came the Bishops exclaiming wonderfully against errors and heresies that the Romane Catholike Apostolike Church was quite destroyed by them and the Iesuites lamented the want of love and charity and said all was for want of order and uniformity the Bishops desiring to know when their errors and heresies would cease and the Iesuites desiring to know when there would be love and charity great expectance there was to know the Answers at last the Oracle said that errors and heresies would instantly cease if the Bishops and their Successors were abolished and that love and charity would abound when the Iesuites and their Accomplices were extirpated Observe two things first that persecution for Conscience sake is the only brand of the Antichristian Church secondly that those that complaine so much of errours are the greatest occasioners of them and he that bids look to your purse is the most dangerous fellow in the crowd I am sure if Gods glory were aimed at no difference of opinion amongst Protestants could possibly break the bond of love may we meet in Heaven together to praise God eternally and shall not we live lovingly together under one King Is there any man in London but sayes he hopes to be saved by faith in Iesus Christ or if not shall we send him to Hell unlesse he disturb the publick peace which no man must doe for a Kingdome must preserve it selfe as that precious King E. 6. said when the Bishops would have had him burnt a Heretick whither will his soul goe sayes that young truly young S. Edward to Hell said those bloody Bishops but he shal not if I can help it sayes he do you endeavour to convince him however I will not send him thither before his time t is presumed Theeves Murtherers repent he does not Those are bloudy butchers sons of that scarlet Whore
learned distinction of Presbyter and Independent between whom lovers of peace desire to make the difference very small but contentious spirits study to make it a wound incurable For my own part I confesse it is very improper for me and unwilling am I to meddle with differences out of my proper element yet there being a great work to be done in this generation and the only playster that is large enough to cure all the distempers in this kingdom I conceive after twelve yeares study being inevitably put upon the study of it by a speciall providence and scarce knowing any other controversall point in Divinity worth studying the Priestly and Propheticall office of our blessed Saviour being in good measure blessed be God vindicated and redeemed out of the hands of those Romish Hucksters and whether the Inventions of men ought any more to bee mingled with the Institutions of Christ in his kingly office then their good works in his priestly office is now the great dispute That the difference between them is not essentiall but graduall for I look upon Presbytery as a step to Independency not in the body but in the garment and therefore undoubtedly time and wisedome may temper a Reconciliation only through pride and covetousnesse comes this contention concerning liberty for tender Consciences Truly whether the sword can be any better imployed then for the defence of the true Religion and whether it be not as lawfull to fight for Christs Kingly Office against the opposers of it as for his Priestly Office against the Papists it is not my intention to cleare any particular but to give some generall hints hoping that all Gods people though of different judgments in this particular desire a sound and durable peace accompanied with truth and piety What my opinion concerning a universall Tolleration of all Religions whether it be tollerable or insufferable I will not deliver any opinion of it because it is not the thing in question I know none but Protestants that desire this liberty and that not so much in Doctrine as in Discipline I think there is scarce a Papist in the Kingdome but either actually or vertually in their desires at least hath been in Armes against the Parliament 't is clear that Antichrist fought for the late Oxford party whether they fought for him or not 't is much that Christ and Antichrist should pitch their tents in the same field and therefore certainly 't is a fond Argument that men make If you suffer Independents then why not Papists because those that have been faithfull to the Parliament and are of the same Religion may in justice and equity have the liberty of their Consciences not disturbing the peace of the Kingdome does it therefore follow that Enemies to the Parliament of a different Religion whose Religion in the power and practise of it is flat Rebellion their Head Antichrist their Doctrine Heresie and worship Idolatry holding pernitious principles destructive of State Policy that theirs ought to be suffered If any Papist bee better principled and will take an Oath to bee true to King and Kingdome where they live in all points and will not make it their work to seduce others and the number so small that the State need not probably fear any danger by them as in Holland I say nothing with it nor against it but I would faine break the neck of that absurd Argument If you suffer a Protestant you must suffer a Papist does every diversity of opinion presently make a different Religion I will assure you there are more differences between the Papists about those five little words Hoc est enim corpus meum this is my body then there is between all the men in this Kingdome and yet who more loving then they before the Councell of Lateran it was good Divinity to say at the Masse which gets a masse of money adoro te si tu es Christus I adore thee if thou be Christ but since Transubstantiation is setled by their Law they are so fallen out amongst themselves how to make the body of our Saviour to bee there as it was when he Instituted the Sacrament that 't is most admirable and I think it better beseeming us that are Protestants to laugh at those Antichristian fopperies and to pity one another the strong not to dispise thâ— weak nor the weak to oppose the strong let me instance in some of their differences concerning their Transubstantiation Some Papists hold that Christ is not in Heaven because he is in the Host others that there are two Christs others are much troubled about the time that Christ continues with them some hold that his body goes not into the stomack being full of humors but then thinking there would be little fruit of it they say he stayes till digestion therefore they use not to eat for three or foure houres after others hold the body never parts but then no man needed to Communicate but once and they could sell their God but once and the party sinnes after which could not be then because this body cannot annihilate being as impossible here as 't is in the heavens they differ what is become of the body some hold that it was gone to heaven but that cannot bee say others because it was there before then the doubt is how can accidents nourish the body some hold that so soon as the stomack ha's changed the form of the Wafer cake that God Creates a new substance of nothing but against that some Priests finde that the wine does presently comfort them and Priests have been drunk with much wine then they are much troubled where our Saviours head and his feet are least the Priest through ignorance should hold him with his heeles upwards and some hold that the head is alwayes upppermost hold it how you please another Priest was very angry with mee for asking him such a question that he knew not how to answer but sayes the face is alwayes towards the Priest for reverence I know not how t is possible not to believe but to imagine such a confused Chymaera Then they dispute how the Organicall Body of Christ can be in a thing so little therefore they say the more wine the better But the Priest does not see the wine in the Flaggon yet say some the vertue of the words penetrates into it others say t is Idolatry to attribute vertue to words and others hold that the Pope took away all the vertue from the Greek words and put it into the Latin then they differ exceedingly whether the body of Christ came at the first word hoc or at the second word est some hold that there is much vertue in the word enim by vertue of the Popes Vnction and that when the word enim is pronounced if the Priest stop there then it is 3 parts flesh and 2 parts Bread because the Lutherans that hold Consubstantiation say they are wiser then the Papists for they eate bread with
the Magistrate who is a good Christian stands upon the advantage ground and ought to command the people for Gods sake to yeild obedience to the Laws of God and to be exemplary in his conversation and to protect Gods people by declaring against errours and that no man ought to beare with an errour in his dearest consort but perswasion is the Gospellary way without all dispute in matters not fundamentall My Lord Bacon was of that opinion he that is not against us is with us Spirituall maladies must have spirituall remedies in matter of opinion I wrong no man if he be offended at me it is his weakness I intend it not I speake of errours in Religion not errours against Religion with a toleration whereof no State or Kingdom can subsist 'T is a fruit of the Turks Religion not to couzen nor steale and to make conscience of an Oath to doe no murther nor adultery 'T is against Intrinsicall rules of all government to permit any of these nor must any errour be permitted that is a sworne enemy to peace and policy Man can give no power but what God gives therefore it is no resisting of authority when there can be no such authority given matters of conscience are not giveable nor takeable If I bid any man kill me and tye my hands yet I may breake the cords I cannot give power to enslave my selfe nor ought any man take it If there should be any Covenant made to enforce conscience it is an unjust Oath and to keepe it is to adde a greater sinne to a less as if the first were too little whereas the least is too great and should be lesned not enlarged and though I am bound to lose by my Covenant yet not to be undone by it When the Lord visits us with sicknesse doe not we defend our selves against his blessed Majesty by Physick by food and rayment And nothing more lawfull and naturall then selfe defence against which no Canon can be of force as it was resolved at Constance that a Canon made in favour of an angry Pope that he might strike any man and no man strike him was void by the Law of nature for what is it but to arme sin against the Law did not Sweden Holland France Germany Poland and Scotland introduce Religion by the sword Calvin Beza Bellarmine Carrerius Junius Turquet Bucanus maintained the lawfulnesse of it and Bilson in the Queens time wrote a book in defence of it not to invade the Turke because he is not a Chrâ—stian but for the freedome of their own consciences King James in his Epistle to Perron justifies the French Protestants fighting for their Religion calling it a defensive Warre that he which offers the wrong is alwayes on the offensive part as he that denies the debt begins the suit and such a wrong doer cannot be wronged Geneva in 1536 cast off the Bishop their Prince and Calvin sâ—yes Populars may restrain all kinde of tyranny as the Ephori did the Lacedemonian Kings and the Tribunes curbed the Consuls and if for bodies much more for souls the reason is because every people in the conferring of power reserve so much to themselves to attaine that end whereunto they are ordained which is the glory of God and their own freedoms and welfare Certainly God never commanded any Magistrates to lay any clogs or Fetters upon the consciences of his own people that 's the apple of his own eye yet so as if by force his people be destroyed they must take it patiently dye like lambs for the Lambs sake that dyed for them but they may not suffer if they can oppose it that 's to be guilty of selfe murther The sufferings of Jesus Christ were voluntary and when wee resigne our wills to a thing enforced we make it willing and so the Martyrs were said to lay down their lives willingly and yet they could not help it This fighting for Religion is not to fight to promote it in others not to kill any tyrants that oppose it but to preserve Religion and the professors of it All Magistrates are tyed to the Laws of God and nature and 't is a lesse sinne for a private man to breake those Laws then the Magistrate who is intrusted to keepe them For a Commissioner to breake a trust is the highest prevarication against which illegalities self-defence is lawfull if the party can help it men may free themselves from tyrants if they can if not what remedy but patience the reason is perspicuous because no man can impower another over him to command against both or either of those Laws and therefore the meaning of those commands of honouring the King our parents and governours is to observe all such lawfull commands as are not contrary to God and nature for God is the God of order which he should not be if Governours were to be obeyed disorderly If a King or Governour be mad must all the Kingdom be fools to obey such a Devill as that Duke D' Alva was that made the Hangmans place in Flanders better then the Chancellours If such a Magistrate be drunke and resolved to kill whomsoever he meets may not the people shot him up all night from doing mischiefe to take away a madmans sword from him is not to take away the property but to prevent the mischiefe Many of H. 7. freinds had sworne fealty to R. 3. yet H. 7. did well to kill him and we never read of my pardon obtained from the Pope the Royall race of H. 7. inherits still in our Soveraigne Lord King CHARLES to whom God impart as many graces as to all his Ancestors that as he hath made the heart of Gods people sad so he may now make it his royall study to set Jesus Christ upon his Throne by whose gain his Majesty can be no loser and long may that Royall race continue to administer and execute good and wholsome Laws for the prosperity of these Nations by which it is more honourable to command 10 free men then to tyrannize over 10000 Gally-slaves If the Magistrate in a Protestant Kingdom should introduce Popery as in Queen Maries time a particular man may not oppose but the Parliament might and by the Law of God ought to have opposed it But if the Lord had put a sword into the hands of the Smithfield Martyrs able in probability to have defended themselves these could not have dyed with comfort for their Religion for I cannot judge him a good Christian that is not a morall man and he that will not doe right to himselfe to defend his own life will hardly doe right to his neighbour he that hath but a little minde can be but a little vertuous I affirme that the Army may not disband in point of honour till this Kingdome be in a better way of settlement for I ever thought that there was more to be done for the happinesse thereof then the humiliating and geniculating of the late Oxford party whose
sâ—â—e rather then out reformation might be the cause thereof for doe not their adversaries brag before the victory if many cruell men might have their wils what could the Army expect when disbanded Therefore if they should hereafter suffer they would undoubtedly make themselves a Ludibriâ—â—â— and derision to all the world what 20000 armed men victorious and veteran Commanders and Souldiers not flesh but bone that feare nothing but to offend God neither the sons of Anak not the sons of Cain that speake big like Gyants and persecute their brethren â—an Army that hath the justice of heaven on their sides the prayers of Gods people the good will of the whole Kingdom that have been the Joshuahs that have led Gods people into the spirituall Canaan that are plainly told that if they were disbanded they must not have a mouthfull of ayre in this Kingdome but in a prison unlesse they will put out their own eyes to see by the spectacles of other men in point of Gods service and worship that are called troublers of the State Heretikes and Sectaries that had been better the liberties of the Kingdom had been lost then saved by them and all this to their faces with their swords in their hands For such an Army as this I say to thinke upon disbanding as the â—ase stands I must make bold to tell them that if they should Jesus Christ would take it unkindly from them and they would make themselves culpaple of all the precious bloud that should be spilt in a way of persecution and all the reproaches mockings scornes scourgingâ— banishments imprisonments contempts ignominies disgraced and affronts that shall be cast upon any Christian and the Gospel of Christ which any of Gods people shall hereafter in any wise suffer in this Kingdeme for their consciences and sincerity in Gods service would be laid upon their score and I solemnly professe with words of sobriety upon the Altar of truth that Gods people and this whole Kingdome would have cause to blame them as the greatest prevaricators of all others for to be treacherous for honours is dishonourable for a great Office to betray a trust is sordid and mercenary to betray a trust for feare is cowardly and servile for flattery or insinuation is weake effeminate and childish for love or relation is not so great an offence because more humane howbeit all treason committed against a mans Countrey is inhumane and unworthy but for one Christian to betray another is of all treacheryes the most abominable and here let me make this argument for the Army will it be sufficient for them to say if persecution should arise after their disbanding deare friends we cannot help you the Parliament are all for the Presbytery many of the Assembly and City Ministers were so importunate with many of the honourable Members to settle their Presbytery that we have left all things to them would it not be answered what Hath the Lord that gave you courage taken away â—cir wisdome did you begin in the sâ—irit and end in the flesh Is this the requit all we must expect for all our â—â—â—es for you who have prayed and beleeved you into all your victorior You say it had been most noble and so indeed it had for the Parliament before you engaged to have told you plainly Gentlemen We suspect many of you to be Independents be advised what you doe if you give us the victory we intend to settle a Presbytery and to suffer none to live in the Kingdome but such as shall conforme to the present government if you will fight to settle Presbytery well and good but your victory will be your ruine for the King promiseth a liberty and indulgence to tender consciences Might not your friends in the City and Kingdome as well have expected as much from you that you should have told them provide for your own indemnity the Bishops being by our means put down and abolished and the Presbytery setled wee intended no more as for the freedome of our consciences and yours and finding out an expedient for cheap and quick justice to be administred in all places which might make the poore Kingdome some good amends for all the charges they have been at if the Parliament please to doe it well and good we have that which we fought for Et gaudeant possidentes 'T is therefore but a taking of Gods providence in vain by many that looking only at the outside of things say that this Army loses much of their Honour they had gained by not Disbanding 't is quite contrary they had endangered the losse of their Honour indeed if they had disbanded before Laws and Liberties be setled perseverance is the Crown of Action to fight for Laws and Liberties and then to suffer an inconsiderable number of Intendiaries to trample upon the Priviledges of the Subject this had been a stain of a deep dye the truth is that the bellows are blown by some of the Clergy themselves Who knows not but that Divines as they call themselves have by their Divinations almost infatuated all Christendome but there is no Enchantment against Israel nor Divination against Jacob says Luther If Popery had lasted but two years longer in Saxony the Priests would have made the papists to have eaten straw with the Oxen were not most Kingdomes in Europe governed by Cardinals Bishops Priests and the Clergy who did not easily foresee in England but that it was an impossible thing to abolish Bishops without a War the Hierarchy had such a deep rooting that without a great Earthquake it could never have been shaken I have heard when the Parliament began some worthy Members being in discourse about the putting down of Bishops Master Pym and other gallant men sayd It was not possible to be done and when the Assembly first met they thought it impossible to take away the Common Prayer Book but we see what the Lord hath done for his people by his blessing upon the Parliament and our Armies mistake me not I doe not rejoyce that the COMMON PRAYER BOOK is suppressed for my part if the PARLIAMENT shall so please let those that are so earnest for it keepeâ— it still much good it may do them though I think little good will it do to them it never did hurt to Papists nor good to Protestants unlesse it be to shew them their dangerous condition for they pray that their lives may be more pure and holy and yet many of them scoff and jecreat purity and holiness but though we be not all one in judgement and opinion yet let us be all one in affection and live lovingly together as Brethren for he that loves another onely because he is of his opinion loves himself in that man A friend of mine too violent for the Classicall way seemed to be very angry because his Majesty was permitted the use of the Common Prayer Book I asked him whether in case his Majesty would be graciously pleased to allow him
husht and subdued I think no History can be produced that ever any good Magistrates were subdued by force for God sits upon the Bench with them but many times Kings and Governours have refused to do justice till the people have enforced them Hitherto the Army hath had the justice of Heaven and so long as they intreat in the Kingdoms behalf things Honourable and safe for the Parliament to grant their Continuance is the best assurance that our Worthyes in Parliament can desire For what great King or Court but receives honour by a faithfull and victorious Army who will exceedingly facilitate the work and prepare the way for our Parliamentary Worthyes as John the Baptist did for our blessed Saviour I hope I have satisfied every rationall man that it is not possible in a prudentiall consideration that without the intervention and intercession of this Army this Parliament as things stand can never be able to settle the publike Liberties and happinesse of this Kingdom for who sees not what a spirit of malignity there is stâ—ll working in this Kingdom Is all the malignant bloud drawn out or dryed up Did never Serpents re-assume their poyson upon occasion Are not the Jesuites negotiating a reconcâ—lement between the Catholike Princes hoping to eat up Holland at a breakfast England and Scotland for their dinner and all other Protestants at supper and all to erect a universall monarchy and what 's their pretence Mark it I beseech you to avoyd disorder and confusion for it can never be well sâ—y they till one man have the sole power over souls and another over bodies and estates I am confident that before Rome's fall there will be a generall Warre between Protestants and Papists without any other ground of the quarrell Is it not the extremity of madnesse for Protestants to fall out to maintain Antichrists cause who is our sworne enemy How lovingly doe Protestants and Papists associate in France Poland c The French Ministers preach that the French King Queen and all are damned unlesse they forsake their Idolatry the Priests quite contrary that not a Hugonet can be saved in the name of God what ails us cannot we like bees hive into one body politique because we differ in opinion yet are of the same Religion shall small matters disjoyne them whom one God one Lord one Faith one Spirit and one common cause bonds of such great strength and force have linked together Oh yee learned Presbyterians such of you as are like dead flies in the ointment of our good names to make us unsavoury to our Noâ—le Parliament which yet I trust yee shall never be able to doe Will yee not take warning by the Bishops Did not they tell the King that the wâ—y to prevâ—nt errours was to suppresse the Puritans The Rams of the flock are demolished will not you tremble I tell you that the way to make us all of one minde in the things of God is to grant liberty to all in things not fundamentall possibly there are some by whom the way of truth is scandalized wee may thank the Bishops and their Successours for it let the waters alone and they passe away quietly but stop the Current and throw in stones and the waters rage An Englishman scorns to have his Religion cudgelled out of him but deale with him in the spirit of Christ shew him where his feet slide you take his judgement and affections prisoners If the Bishops had not prest Subscriptions and Conformity to the Statute of 13 Eliz. they might have been longer lived for any thing I know It grieves me that you should take such pains to destroy your selves but come there is no falling from grace true repentance is half innocent tell our Parliament Worthyes that onely a liberty to tender consciences can break the heart-strings of popery tâ—at never any but Antichrist denyed a freedome of conscience to people of our quality and profession who desire it no longer then we are Protestants and live in all dutifull Conformity to the Civill Government tell them that Jesus Christ will never prosper those that persecute such as are humble suitors in the behalf of his Kingdom Doe yee think he will tell them that the free exercise of the Gospel for Doctrine Discipline is of so harmlesse and peaceable a nature and carriage so far from wronging any Magistrate in Sovereignty and Power that the Persiâ—ns and the Turks admit it The Roman Emperours in policy gave leave to build Temples Politike Charles the fifth sayd There was no other way to peace but by a liberty for all Protestants so Maximilian that succeeded him H. 3. of France Ah saith Philip the second when he was dying If I were to live again my first thing should be to grant liberty to Protestants Ah sayes the Emperour How gladly would I grant a liberty of conscience if that would now serve the turn and that would have served at first I beseech you marke me when the King of Sweden entered Germany he propounded nothing but what was most just liberty for Protestants banishment of Jesuites restitution to the Palatinate his cosen Mechelburg and some other oppressed Princes with the Emperour would not grant but being victorious nothing would content him then but to be declared King of the Romans and so heire apparent of the Empire Be wise in time A moderate meet liberty will not satisfie every man and you may proceed in your own way if hereafter you suffer in point of Tithes you may thank your selves you know whose pride and covetousness hath brought their honour into the dust Your ridged Presbytery is no more Jure Divino then Episcopacy was you may as well call Divinity damnation Doe not think that this Kingdom will suffer you to be Judges in your own Cases Your Ipse Dixit will not do it your Votes cannot make Hereticks nor Schismaticks men are wiser in the South then far North the Sun cleers the judgement to that Son of Righteousness I commend you desiring to walke with you in love and peace I shall conclude with a request to the Army you precious souls as ye have been presidents to others for honesty and justice so be a president to your selves what to continue continue just be content with what you can get and take not the value of a pin from any man but in case of necessity 't is fit that you who have saved the Kingdome should not starve injustice is a very great sin the want of morality excludes from Heaven His Majesty was wont to say that there were none in arms but Independents Anabaptists and Brownists who would destroy all Laws and Religion the eyes of all the World are upon you you know best why you tooke up arms was it not for Laws and Liberties stand fast in the Lord and in the power of his might be true to your first principles as ye are Englishmen as ye are Souldiers and as ye are Christians treason is the betraying
of the greatest trust hee that is true to his end cannot be a Traytor The War first undertaken for the defence of Laws and Liberties hath had a great influence upon Religion and pray answer me this Question if the Parliament had told you at the first that you should not expect any Liberty of Conscience in case of prevayling but that you must serve God according to the precepts of men whether you see reason for it or no would you have engaged so cordially upon a promise of freedom for your temporall estates What is all the World worth if a man enjoy not the freedom of his soul peradventure you will say that the world cannot deprive you of the liberty of your Consciences for the Saints are as free in prison to enjoy God as if they were abroad as sweet experience can testifie and the more we glorifie him by suffering for him here the more conformable are wee made to our Head and shall be glorified with him and Jesus Christ is eminently all Ordinances in himself most true but in the dark the best eyes have need of Candles We are not yet as we shall be we live upon the beams here and not the body and it derogates much from the wisdome and the love of Christ to reckon that as a shadow which he hath appointed for a standing Ordinance Religion teacheth nothing against nature piety doth not ruinate humanity but makes one man worth twenty I assure you Gods people hope that you will deliver them from the Bishops successors as well as themselves by what title soever they be called I doubt not but you have both naturall and spirituall affection to this poore Kingdom the poore Saints that are rich in faith act faith in Christ for deliverance by you they say they care not what becomes of them so as the Crown may be set upon the head of Christ and fealty and alleagance sworne unto him who is no enemy to any just governours they are perswaded that the Parliament of themselves intend no lesse and that there are very many in both Houses most cordiall servants to Jesus Christ who are even sick for the love of him that dyed for the love of them but here is the case there is a potent faction within this Kingdom men that have enriched themselves in these times of danger and calamity a base thing so to build upon the ruines of our brethren that count gain godlinesse and these consist of subtill Atheisticall and depraved Polititians on the one hand and devout superstitious rigid Zealots on the other hand who by specious pretences and plausible insinuation worke upon the candor and devotion of many honest men whose mindes are vertuously disposed to enslave this Kingdom for their own ends and this under a pretence of Gods honour service worship and uniformity and this designe so politikely carried on that the wisest men may be mistaken for he that thinks no hurt himselfe is seldome suspitious of others The chiefe Religion of these Polititians is to have no Religion in the power of it but such a forme established as is most sutable to his Grandor and they thinke it a sin to let any man live in this Kingdome who will not eat up as sugar all their Orders and Sanctions our noble Worthies in Parliament would quickly be as wholsom medicinable restoratives to heale the wounds of this Kingdom but that they like byting corrosives study to make them greater and more dangerous setting up all sails to sail withall and rowing with all manner of Oares but being discovered will I hope be abhorred by all honest men Now to restrain the malice of these ambitious men the Lord hath preserved you to this houre and me thinks I heare Iesus Christ be-speaking you in this manner Hearken yee noble Army of Martyrs in affection and resolution who carryed your lives in your hands for my sake and for morall justice wherewith I am delighted I take it as kindly from you as if you had given me your lives but keepe them I am preparing mansions for you but your worke is not yet done you must stand up for the liberties of your brethren you must stand up in the gap for me who alone trod the wine-presse of my Fathers wrath for you why have I impowred you but to purchase liberty for my people Did I preserve you from active martyrdome that you should bring your selves to passive Would not I have taken your lives as kindly from you at Nasâ—bey Bristol c. as if after disbanding you should be imprisoned and put to death for Heretiques or Schismatiques Is not my kingly government as precious to you and as well worthy fighting for as my Priestly office But if you should be disbanded before Gods people have their liberties secured I should have covered my face and onely thought that you did not so well understand the Doctrine of Christs government and domâ—nion in his Churches and amongst his Saints as the Doctrine of satisfaction by faith in him Is it not most apparent that the day of your disbanding is in probabiâ—ity the Eye of the Kingdoms ruine for does not this potent faction say they will not suffer an Independent that they cannot live but by the death of the Independent party Hath God preserved you hitherto in times of War to be insensibly destroyed in times of peace Was not your Commission to fight for Laws and Liberties whereof Conscience is the greatest hath not the Kingdom sufficiently dishonoured Religion formerly in the Bishops times but must they now under a pretence of uniformity seek the life of her Children and of Religion it self do they not ayme at the life of Religion which is the heart of God and the lives of his children which are the apple of his eye The Meâ—curialists at Court did but strike at the letter of the law in some things but these Phaetons would set all on fire and ayme at the power of Religion the very life of our Laws whose humours are so corrupt that the least scratch turns into a Gangreen For I am confident that these cruell men cannot bring one argument for themselves but what I may improve for the Popes Supremacy which was pretended to be for orders sake to avoid confusion but in reality hath been the occasion of all Tyranny But many words are not proper to an Army you have won the heart of Gods people in you is fulfilled that prophesie Esay 49. That Kings shall be your nursing Fathers Commanders persons of Eminency for what the watchfull Constable worthy Justicer reverend Judge and all other Officers of Justice do in punishing Traitors in times of peace the same in effect is done by Armies in time of War every Souldier hath been a judge to do justice and execution upon the enemy I have but this request to make to you that you hearken not to any Syren songs but be ever true to your first principles let the Honour of Parliament always be of most high account and precious esteem with you your jarring with that Supreame Court would be a pleasant melody to many that will pretend faire to you speak you fair to borrow your hands to take out the Chestnut for them that would have you crack the shell for them to eat the kernell It is reported of the Lioness or the Bear that if a whelpe dye she will roar in the Den exceedingly over the carkass or else having got some gobbets of flesh hopes by continuall clamour to put life into it some such there are that by daily exclamation against the Supream Court think to vivifie their dead Cause and to put life into a carkass that will not acquit our renowned Worthyes from the highest Crimination and yet will justifie your station by the Law of the Land I beseech you if the Parliament had no power to Commissionate you to redeem out Liberties what are you that have acted by their authority I hate dissimulation the happiness of this Kingdom will rest principally in this that all the godly though of different opinions favour and assist one another and that all honest peaceable men joyn together as one man to break the neck of all oppression and injustice Let every man contend for the Honour and Priviledges of the King and Parliament in the preservation of the Liberties and Birth-rights of the people And when the Kingdome is happily setled let us say that God hath done all yet honour them whom he hath honour'd The End
the Potter the new moulding of this Army was visibly from heaven and the Lord hath carried them all over this Kingdome as his beloved darlings with much love in his brest towards them and he that suffered no man to doe them wrong would not have them to wrong themselves because he moulded them for vessels of honour and now being at rest in God and thinking to rest from their labours the blessed Spirit begins to witnesse to their spirits that all is not yet as it should be and their souls being troubled within them how they might glorifie God and â—e intercessors to the Parliament for the liberties of this Kingdome the Lord said unto them Seeke yee my face and they answered thy face Lord will we seeke and sequestred two daye at Saffron Walden to seeke the Lord by fasting and prayer a thing unheard of in the Germane Wars to see a Noble Generall and valiant Commanders that had encountred with Lyons and walls of brasse to lye groveling upon their knees and pouring forth fervent prayers the breath and voice of God in them asking counsell from heaven begging light and direction from the Father of lights praying for wisdome from above what a rare example is it how admirable is God in all his workings And when they rose up to eate and their countenance was no more sad the Lord had by the powerfull influence of his good Spirit given in a sweet return of Prayer for their continuation together and thereupon the souldery desiring a generall Rendevouze the horse and foot met with such a generall reâ—oycing and such an unanimous resolution to live and die together for the just rights of King and people that it is most admirable to consider such a wonderfull conjunction of mindes and such noble Principles that money which is the Loadstone that draws the iron hearts of most Souldiers is no more reckoned by them then dirt in comparison of just liberties who can say but that this is altogether of a divine off-spring which to oppose what is it but to despise the spirit of grace I am confident that they which kick their heels against this Army will in the end break their necks Nâ—xt I shall onely ask the question whether out of those quivers of arguments used by the Parliament to justifie their raising forces I might not draw many even take them all out one after another to justifie the Armies not disbanding all was done by the Parliament for the publike good The Parliaments Motto is pro salute pâ—puli and the Armies pro salute populi Dei totius Angliae no lesse can be presumed from the Army for they who have adventured their lives for the good of the Kingdom will never do any thing to endanger it Certainly hee that saved my life I owe it to him I will never distrust him they have the character of God upon them and of his Consecration the Parliament hath lately voted them their Army the whole Kingdom favours them and all good Christians have cause to love and honour them and yet there are some calumnious spirits that would rob Christall of its brightnesse but the Sun of the Armies innocence will quickly melt the ice of all these Calumnies It is not my designe to improve those popular arguments formerly used that for Papists to maintain the Protestant Religion was a pernicicus contradiction What is it to hold that to imprison men for their Consciences that break no Law is for the Liberty of the Subject as some Kindle-coals affirme that honest Justices were weeded out of the Commission has there been no honest men grand instruments of Liberty displaced and divested of their trust to the grief of Gods people for no other reason but because they were not Presbyterians That many as bad as Arminians are preferred and faithfull men disgraced and displaced and all this by the cunning artifice of malevolent spirits nor what the Parliament said that his Majesty by his many Declarations and Protestations for the maintenance of our Laws and Liberties intended no more but that we should have such a Religion and such Laws as his Majesties Bishops and Judges would afford us and should conceive to be best for us judge whether that be not a blinde implicite obedience to trust the Bishops with our souls what is the Law but every mans birth-right and the rule of life and therefore fhould be plain and easie that every man may knowâ— For a guide to be blinde how unreasonable is it if some men may have their desires shall we be in any better condition I shall humbly crave leave to vindicate the high Court of Parliament and the Army from some Objections lately darted against them The lightnesse of some mens follies exceeds the weight of their malice they are content to be fools rather then to acknowledge the worthy labours of that supreame Court they are such ignorants that they know not any good the Parliament hath done thiâ— many years saying that they have made our Religion worse and they do not intend to make our Laws the better No let all honest men ever blesse God for this Parliament how gladly would this Kingdome have made themselves slaves for ever had not this Parliament stood mightily for their Liberties I but say some the Parliament by imprisoning such as have been faithfull Labourers in the Vineyard for difference in opinions are undoing all that they have done and we fear things will be as bad as in the Bishops times judge not rashly there is no Ordinance yet to restrain Gods people from private meetings nor for suppressing of seperate Congregations Compare what is past with present times and 't is very much that things are no worse for former kindnesses which Parliament and City have shewed to honest people I trust the blessings of Heaven shall be upon them forever however do not for the abortion of the twentieth childe kill the nineteenth believe it this Parliament is the spring and conservatory of all our Liberties and Properties having removed old Grievances and laid the foundation for innumerable benefits and advantages to the Kingdome There are in both Houses most excellent Moses's Nehemiahs Jeremiahs and Pauls that have adventured for the people ô the infinite love of many of our finite Moses's and Worthies What had become of Israel iâ— he had forsaken his charge upon every tumult and queremony of the people What innumerable difficulties have our Worthies in Parliâ—ment surmounted Able to have daunted and stinted the most noble resolutions though the command of God lay heavy upon them â—o deliver this Kingdome and let the oppressed go free as the Discovery of America by Columbus a Genoa Merchant though a rationall man skilfull in Mathematicks might have concluded that there was a Western part of the World not discovered yet the Enterprize was so transcendent that few men would have had the courage to have attempted it though sure to succeed And though there are sufficient reasons publikely