Ethelred the Saxon King being married to Henry the first brought us forth a Royal seed derived from the antient blood of the Saxon Kings Yet why may we not think that some of our Princes originally might be as free as another lately who had no such such title either of Succession or Conquest professeth himself to have been in points of Law and Government Lord Protectors speech Septemb. 12. p. 11. and p. 13. untill he limited himself I say saith he the Authority I had in my hand being so boundless Again my power again by this resignation was boundless and unlimited as before All things being subject to Arbitrariness and a person having power over the three Nations pag. 14. boundless and unlimited Again The Government limited me and bâ—und my hands to act nothing to the prejudice of the Nations without consent of a Councel until Parliament and then limited by a Parliament I did accept it I was arbitrary in power May it not then have been in Princes as it was in this Vsurper and invader of the publick Liberties And indeed the Coronation-Oath seems to imply so much Coronation-Oath H. scrips 24. Apr. 61. die Coronationis casu non consilio dum opus recognoscerem wherein among other things the King is asked ' Sir will you grant to hold and keep the Laws and rightful customs which the Commonalty of this Realm consuetudines quas vulgus elegerit His Majesties answer to the Remonstrance of May 26. 1642. pag. 17. 15. whether you expound it have or shall choose Which words do not imply a force upon the King It is for the ease of Princes and satisfaction of Subjects that that unlimited power given by God to Princes is bounded in all places by Laws with their own consent Dr. Sandersons preface to Dr. Usher of the right of Kings pag. 12. but a desire of his engagement Therefore the choice of Laws being not the Princes but the Peoples advantage and priviledge is left unto them not as implying a co-ordinate power but a concession of liberty not now to be changed because established both by Law and Oath yet so that the King reserves to himself the power of a negative voice Negative voice and of refusing to pass their Elections into Laws if he like them not If it be said Object That the Houses have the like negative voice that 's a mistake Answ they have it in order the one house to the other but not in order to the King because he doth not propound Laws unto them his desiâ—es he may but they to him So that there is no such thing as a negative voice in the Houses about the Laws in order to the King it is onely in reference of the one House to the other So that to speak properly according to the known practise of the Parliament the two Houses seem to have no co-ordinate share in making Laws but in choosing things to be made Laws the King onely making of them for the Houses acknowledge Declar. Parl. ' That they are not Laws till the Royal assent But I may not correct the King who saith Object in this Kingdom the Laws are joyntly made by a King Kings answ to the 19 proposit p. 12. by a House of Peers and by a House of Commons chosen by the people all having free votes and particular privileges Nor do I but explain what he must intend Answ The making of the matter of the Laws belongs to the two Houses the conferring of the form Declar. Parl. in defence of that May 26. 1642. and giving them the esse and being of Laws is from the King onely and so acknowledged by the Houses viz. That if he do deny it is no Law without him Script Reas sect 5. p. 64. Kings answ to 19 Proposit p. 19. and so acknowledged by the greatest pleaders for the taking up of Arms. But secondly because his Majesty saith a little after We conjure you that you allow us our share in the Legislative power which would be counted in us not onely a breach of priviledge but Tyranny and subversion of Parliaments to deny you Which implies the other have a share also I answer That they have a share but derivative not original subordinate as subjects even in Parliament for so they call themselves not co-ordinate as equals The wife hath a share in the government of the family for sure she is more in point of right relating to the government of it than a servant but it is not a co-ordinate but subordinate power The King would not be understood to confute his Father Himself or the Laws Not his Father K. James's Law of Free Monarchies who saith That the King is above the Law as both the Author and giver of strength thereto Not Himself who hath several times avowed his Soveraignty though not his solitude his Supremacy though not his aloneness in government who at the time of publishing that answer had drawn his sword to vindicate his Sovereinty prerogative Nor was it his intent to confute the Law which maketh him the fountain of justice as we saw above therfore what waters of power any else have must needs flow originally from him Thirdly the King hath said he is no Lawyer neither is it necessary that he should so be if then his Majesty out of zeal to content his subjects should let fal any * To the 19 Propositions expression in that answer of his so much insisted on that might prejudice his legal right it ought not in duty as it cannot in conscience be improved against him contrary to the known practise of Laws and Parliament It is true the two Houses say in their declaration of November 2. 1642. That the Kings Soveraignty is in and with the two Houses That they are the supreme Court whose determinations ought not to be question'd by the King That the Kings power is a trust from the people That the two Houses may dispose of any thing of the King or Kingdoms But seeing no Law is produc'd a sentence of out Fleta above answered is not sufficient to bottom in my conscience so high assertions To conclude All that have share in Legislative power have it not equally the King is acknowledged by the Oath of Supremacy sworn by every Parliament man before he sit to be Supreme over all in these his Dominions Neither have they it originally but by concession and grant though now setledly But though they have this derivative power in Legâ—slation and in some cases in declaring Law so it be not against the known Lavvs yet have they none in execution of the Lavvs much less the povver of the Sword further then the King shall grant unto them For vvhich though Laws vvere spoken of yet vvere they never produc'd Though the King declare That there is no power in either or both Houses Kings Answer to the Declaration of both Houses in answer to his
adds Ejurationem spontalem excipio de qua nulla inter mortales dubitatio which I need not English Bilson of Subj Rebel part 3. edit Lond. 1586. pag. 276 280. because for substance the same is delivered before him by our own Bishop of Winchester I must confess saith he that except the Laws of those Realms do permit the people to stand on their right if the Prince would offer that wrong I dare not allow their arms Cases may fall out even in Christian Kingdoms where the people may plead their right against the Prince and not be charged with rebellion Phil. As when for example Theop. If the Prince should go about to subject his Kingdom to a forreign Realm or change the form of the Common-wealth from Empery to Tyranny or neglect the Laws established by common consent of Prince and People to execute his own pleasure In these and other cases which might be named if the Nobles and Commons joyn together to defend their antient and accustomed Liberty Regiment and Laws they may not well be counted Rebels I never denyed that the people might preserve the foundation But part 3. pag. 144. he saith It is the Popes Divinity that Princes have their power from the people which he saith they have from God freedom and form of their Common-wealth which they fore-prised when they first consented to have a King I never said That Kingdoms and Common-wealths might not proportion their States as they thought best by their publick Laws which afterward the Princes themselves may not violate In Kingdoms where Princes bear rule by the sword Princes will we do not mean the Princes private will against his Laws but his Precept derived from his Laws and agreeing with his Laws which though it be wicked yet may not be resisted of any subject with armed violence Mary when Princes offer their subjects not justice but force and despise all Laws to practise their lusts Not every nor any private man may take the sword to redress the Prince But if the LAWS of the land appoint the nobles as next to the King to assert him in doing right and with-hold him from doing wrong Note If the Laws appoint THEN be they licensed by mans LAW and so not prohibited by Gods to interpose themselves for safeguard of equity and innocency and by all lawful and needful means to procure the Prince to be reformed but in no case deprived Note Not disinherit where the Scepter is inherited But he explains himself further in the very next page viz. That he meant still according unto Law The rest of the Nobles saith he that did assist them the King of Navarre and the Prince of Conde against the King of France if it were the Kings act that did oppress them and not the Guises Note except the LAWS of the land do permit them means to save the State from open tyranny I wiâ—l not excuse And * part 3. pag. 144. elsewhere I will not saith he examine the Popes Divinity Zachary in his answer to the German Legates Aventin lib. p. 299. wherein he saith the people create their King and the people may when the cause so requireth forsake their King 't is you see the Popes Doctrine I will not saith he examine the Popes Divinity in that he saith Princes have their powers of the people which the Scripture saith they have of God And before part 2. p. m. 328. This is the Supremacy which we attribute to Princes that all men within their territories should obey their Laws or abide their pleasure and that no man on earth hath authority to take their Swords from them by Judicial sentence or Martial violence Howsoever as I said ☜ those things before may be so in Thesi and the matter absolutely considered yet being excited by the fruits to view all the roots again I cannot satisfie my conscience that in Hypothesi and in particular hîc and nunc Note Mr. Pyms speech at the charge of the Earl of Strasford pag. m. 5. Protection and Alleg. 1. Parliament Testimony Remonstr of the state of the Kingdom Novemb. 15. 1641. pag. 26. 1. Bills pâ—ss'd by the King the case was such with us at the beginning of the war And if there had been any urgency to any of those cases yet Mr. Pym whom all men know was no passionate Royallist saith If you take away the protection of the King the vigour and cheerfulness of Allegiance will be taken away though the OBLIGATION remain Protection then and Allegiance are not such correlatives as that they do se mutuò ponere tollere as some would have But to return That the case was not so with us and that this may appear to have been no groundless conceit of my own I produce the two Houses of Lords and Commons We acknowledge say they with much thankfulness that his Majesty hath passed more good Bills to the advantage of the subjects than have been in MANY AGES This for the matter of concessions pag. 23. 2. Security to the Subject Next for the Security hear them again The discontinuance of Parliaments is prevented by a Bill for Trìiennial Parliaments and the abrupt dissolution of this Parliament by another Bill by which it is provided it shall not be dissolved or adjourn without the consent of both Houses Which two Laws well considered may be thought more advantagious than ALL the former because they SECURE a full operation of the present remedy and afford a PERPETVAL spring of remedies for the future Thus the Parliament Sir Benjamin Rudyard his testimony Now secondly That these considerations did then woâ—k strongly upon the hearts of some of their own Members against engaging in the War may be seen by a speech printed of Sr. Benjamin Rudyards In hâ—s Epâ—stâ—e Dedicatâ—ry to him of one of his Trâ—ctates among the rest of Mr. Rous's works to whose worth and piety Mr. Francis Rous a member also gives upon his own long and intimate knowledge a very high elogy He in that speech in the House of Commons July the 9. Anno 1642. page 2. saith Mr. Speaker I am touched I am pierced with an apprehension of the honor of the House and success of Parliament The best way to give a stop to these desperate immenent mischiefs Sir B njamin Rudyard his speech in Parliament is to make a fair way for the KING 's REâ—VRN hither it will likewise give best satisfaction to the people and will be our best justification And again page 3. Note If any man could have credibly told us 1 that within three years you shall have a Parliament 2 that Ship-mony shall be taken away by an Act of Parliament 1. Acts passed the reasons and grounds of it so rooted out as that neither it nor any thing like it can ever grow up again 3 That Monopolies 4 the High-commission Court 5 the Star-chamber 6 the Bishops Votes shall be taken
own shame and therefore needs no other reply But yet that Rubrick or Admonition which gives liberty to change whole Chapters appointed * Adm. before 2 Tom. Homil. doth much more intend that men should speak sense Except 8 The eighth Exception is against those words in the thanksgiving after the proper Collect at the Communion Therefore with Angels Therefore with Angels and Archangels c. we laud and magnifie c. They say this is an uncertainty if not an untruth for the Scripture never speaks of more Archangels than one 1 Thess 4.16 That this one is Michael P. 29 30. n. 8. Jude v. 12. to wit Christ Dan. 10.21 Revel 12 7. where 't is said there was a war betwixt Michael and his Angels and the Dragon and his Angels Answ First If this Archangel be he mentioned in 1 Thess 4.16 where 't is said the Lord himself namely the Lord Jesus shall descend from Heaven therefore this is spoken of the Lord Christ with a shout with the voice of the Archangel then this Archangel cannot be Christ for he shall descend from Heaven with the shout of this Archangel Secondly How doth it appear that this Archangel is Michael mentioned in Jude verse 9. that strove with Satan about the body of Moses Surely Christ needed not to dispute then with the Devil nor to pray The Lord rebuke thee he was yet God onely and might not being as yet actually Mediator have punish'd him And 't is said ' He durst not bring against him a railing accusation Remember Brethren the Devil must not be railed at much less Gods Saints and Servants 'T is not like the language of Christ Thirdly How doth it appear that there are no more Archangels than one seeing first we reade not onely Ephes 1. of Principality and Power and Might and Dominion in heavenly places which surely implies some degrees in the Angelical Hierarchy but also chap. 6. again speaking of the evil Angels as it seems he names Principalities and Powers And in Daniel Dan. 12.1 Michael is assigned as the Prince of the Jewish People but there is also mentioned the Prince of the Kingdom of Persia Chap. 10.13 And another is described to be in his body as the Beryl his face as the appearance of lightning and his eyes as lamps of fire and his arms and feet like in colour to polished brass and the voice of his words like the voice of a multitude Surely this seems to be an Arch and primary Angel And he says that Michael helped him and he calls him one of the chief Princes Angelical namely he doth not say the chief onely Verse 13. Calvin thinks it not necessary to understand Christ by Michael Calv. in Dan. 10.6 in cap. 12.1 Ezek. 1. and chap. 10. And Mr. Brightman understands by Michael Rev. 12.7 Constantine the Great Again we reade in Ezekiel of four living creatures which he expoundeth to be Cherubins a distinct Order as it seems from the ordinary Angels for this Type seems to answer to that Revel 4. of the four Beasts but they were not the ordinary sort of Angels for these are distinguished from them verse 11. And all the Angels stood round about the Throne and about the Elders and the four Beasts Again we read of Seraphims Isa 6. as an order distinct again from the general one of Angels Or if both Cherubims and Seraphims be taken for Angels in general Luk. 1.19 which seems not to agree yet we read of Gabriel Gabriel the Angel that was sent on two the greatest Embassies that ever were or shall be namely to annunciate the conception of John Baptist the messenger of the Messiah and the conception of Christ himself now surely the greatest errands are performed by the greatest persons Very reasonably therefore may we think that Gabriel was one of the very chiefest Angels Rashly therefore and without ground do the Brethren tax the Church for naming of Archangels whereof it hath so many rational probabilities and affirm their is but one whereof they have no proof Except 9 and fail in the very first of them The ninth Exception is against that prayer after the Communion For our unworthiness c. and this expression of it viz. Those things which for our unworthiness we dare not ask They say Why do we pray elsewhere for ought else at all seeing we have the worthiness of Christ and Gods promise and his command But the Brethren might know or remember that this objection was urged long since with more strength vâ—z That it savours of Popish servile fear and not of that confidence and reverend familiarity that the children of God have through Christ with their heavenly Father saith Mr. Cartwright I shall give first my own sense lib. 1. p. 136. Hook eccles pol. l. 5. §. 47. and then refer to the answer returned by that learned Respondent And first in general 1. General answer Two things there are which we are more specially to endeavour to be quallified with to prayer first deep humility and next lively faith By the one we shall with Jacob confess our selves less than the least of all Gods mercies Genes 32.10 By the other we shall with St. John 1 Joh. 5.14 15. know that we shall have the petitions that we ask of him God he resists the proud but gives grace onely to the humble and those that have their whole hope in the mediation of his Son Joh. 14. This makes returns of prayer sweet God lovely Christ pretious the heart humble the conscience peaceable when we are nothing in our selves 1 Cor. 1. but Christ is our Wisdom Righteousness Sanctification Redemption and in a word all in all Col. 3. Secondly 't is surely as lawful to acknowledge our unworthiness as our blindness but that they do not except againâ—t which is in the next clause 2. Answer in particular But in particular the prayers of the Church are so fitted that they may meet with the state and condition of all the members Now in the Church Aptness of the prayers of the Church 1 Joh. 2. there are not onely old men in grace and young men but children also as the Apostle distinguisheth Of thâ—s last sort are those who though they might further ask yet being pressed with their own unworthiness and sense of their sins they are in a manner discouraged till they reflect on the worthiness of Christ Yea the very best are subject sometimes to over much sensibleness of their unworthiness in prayer as also of the contrary of their too much goodness R. Hook Eccles pol. l. 5. § 47. Let us now see what hath been replyed to this formerly which since my writing having now read I observe amongst other considerable things as well he considered what he wrote if any other this That the very natural root of unthankfulness is threefold always namely either ignorance dissimulation
resolution to keep all communion in affection and as much as may be in Ordinances with the godly in the Parochial Congregations though of different judgement from my self 4. Of keeping my mine eye and ear open to any light or advice that shall be brought from the Word though diverse from what now I have in matter of gathering and government of the Church and Ordinances thereof Sect. 2. How he behaved himself in it Accordingly indeed I did hold fellowship and communion in Ordinances with all such particular Congregations whilst I was in this way and as a real proof thereof I did Baptise my children onely in those the Parochial Congregations St. Peters one in the place where I preach'd and another in a neighbour Town Lawford where I made also the like declaration as appears by the testimony of the then Minister of the place Mr. John Edes which I have by me under his hand So that I never blessed be God proceeded so far as Separation much less to Anabaptism But on the contrary they would say that I was ground between Separation and Presbytery as betwixt two Milstons Nay I never came fully and as we use to say cleverly off to Independency A proof whereof appears in that I refused the Pastors Office the former being deceased although desired Mr. John W. sometime of Norwich and my self after advice with some that way for a time was somewhat inclined but durst not close till thoughts ripening by experience and observation I wholly declined it as also the way it self gradatim and by little and little not continuing but two or three years as I take it for I left communion before I left the place and that I did from my first closing Dated Octob. 10 1648. above four years as appears by a Certificate of my dismission Which leads me to the last particular viz. what occasioned my awakening and recovery Sect. 3. §. 3. What excited his Return I found my expectation of the beauty of holiness in Vnity Order and more effectual edification in Faith Love Meekness Patience Temperance Peace and Mortification mainly frustrated Fractions confusion breaches doting about fruitlesse endless Questions time vainly spent in them The Pastor an honest well-meaning man despised Covetousness contempt of others and in some impurities c. growing and injustice eminent That it was fully verified which * Saltem apud se experti quà m multes malos pro pace Donati ferre cogantur impacatas illorum calumnias pace sua correctionis Extinguerent Cont. Parm. l. 3. c. 2. Austin once said of their fathers the Donatists that Malos tantos toleratis sed nullà bonâ mercede Psalm Aug. Cont. Donatist Tom. 7. in ipso ingressu Quia quod debetis pro Christo pro Donato vultis ferre For Christ his peace no sinners you 'l allow But for Donatus you will bear enow So also unless we would hear that for Independency's sake that we would not hear in the Assemblies Parochial for Unity's and for Christ's sake there was a necessity of Separation again which also came to pass Also I observed that almost all the companies of this way fell in sunder or into horrible opinions or leud practises as well as ours Besides whilst we were in our vain altercations on the Lords days after the afternoon Sermon our Families were neglected Withal others in the Parochial Assemblies were deserted both in point of Pastoral offices as also of other care whilst they were look'd upon as people of another world Moreover they were brought into a Maze not knowing which way to take who to follow nor whether they were in the way of salvation or not and so shaking the very foundations of their faith a most horrid evil Add hereunto I noted that generally they were for maintaining of their way by Arms in case they had strenth and that this contest had born a great part in the confusion of the Nation These and other the like ill fâ—uits though some there were of a more sincere spirit who for their vertues and piety I yet honor who yet had their tinctures not so warrantable made me look further into the root which I have not onely found but I think also in the sequel evidenced to be rotten for by their fruits you shall know them Now renting and tearing of themselves of the Church and Common-wealth is the fruit of thorns and thistles Matth. 7.16 illustrated not of Vines or Fig-trees as our Saviour long since forewarn'd I profess I am more confirm'd in my faith in Christ by his Sermons than by his Miracles they are so convincing Those were not in our view These the immutable truth of them we daily might did we mark it see I have often observed with wonder by what spirit he spake though little notice is taken of it when he did design some persons in the Church by whited Sepulchers The proof Matth. 23. and graves that appear not Thereby noting both their non-appearance and their dangerousness especially their swallowing faculty as Agur The Grave saith not I have enough Prov. 30. This unsatiable spirit was singularly noted in the old Separatists the Pharisees for both the name signifies so as well as expounding and their practise Matth. 9.11 by condemning our Saviour for eating with the common people The Pharisees also Luk. 16.14 Matth. 23 14. which were covetous saith the Text. And Ye devour widows houses Aug. cont Parm. l. 3. c. 2. Now Potuitne gravius divinis eloquiis accusari Avaritia quà m ut idololatriae demonstraretur aequalis ejus nominis appellaretur dicente Apostolo Et Avaritia Eph. 5.5 Col. 3.5 quae est Idolorum servitus potuitne majori poena digna judicari quà m ut inter illa crimina poneretur quibus obsessi regnum Dei non possidebunt aperiantur oculi cordis ne frustra pateant oculi corporis Could any thing be spoken more to shew the foulness of the sin of covetousness than when the Apostle calls it twice Idolatry And could any sin be more sorely punished than by exclusion from the Kingdom of Heaven Let the eyes of the heart be open lest those of the head see to no purpose And it is to be observed of our Saviour also how tartly yet fully and most aptly he directs unto the discovery of them when he saith their fruit shall be like that of thorns and thistles Matth. 7. noting the rents and divisions they should make and by that might be known Ibid. And to the same effect in the same place he saith Their cloathing should be like that of sheep but their work that of wolves which elsewhere he says is scattering and destruction Joh. 10. The same which Paul more plainly Those who cause divisions Rom. 16. contrary to the doctrine ye have learned are such as serve their own bellies Which I assure you some are well known to have even unto Epicurism
the Kingdom Dec. 15. 1642. was the fountain of all the following mischiefs The very first line is Your Majesties most humble and loyal subjects the Lords and Commons in Parliament assembled Next the Oathes of Allegiance and Supremacy do declare That the Kings Majesty is the onely Supream Governor of this Realm over all persons and in all causes 2. Oathes of Supremacy and Allegiance 3 Eliz. cap. 1. Kings Answer to the Remonstrance of May 26. 1642. Remonstr of Lords and Commons Nov. 2. 1642. Ecclesiastical and Temporal and of all other his Dominions and Countries Yea and every Parliament-man before he can sit is bound by Law to swear them Now this is not answered in my judgment by a saying out of a Private * Fleta lib. 1. cap. 17. de justitiariis substituendis Lawyer that Rex habet in populo regendo superiores legem per quam factus est curiam suam videlicet Comites Barones And by that other that Rex est major singulis but minor universis For the former Author hath that sentence and words out of Bracton who hath several times also the quite contrary as shall appear Again It is against the tenor and current of Law and Lawyers and the known practise of the Nation Thirdly It may bear an other interpretation namely understanding the Law either of God who makes Kings Prov. 8. or of men made with the Kings consent whereunto he hath voluntarily obliged himself from which at first he might be free And by the superiority of his Court their legal jurisdiction conferred on them by his approbation for decision of ordinary controversies that may fall betwixt himself and his Subjects but not simply his superiors first because he calls it His Court now the owner is greater than the thing owned as such Again else the Earls and Barons were the superior power to the King Fourthly This refers not at all to the House of Commons whereof neither Fleta nor his Author Bracton in this sentence make any mention Again secondly the Oathes of Supremacy and Allegiance and the style the Parliament speak in of his Majesties loyal and humble subjects the Lords and Commons assembled in Parliament Remonstr Nov. 2. 1642. are not answered by saying that this of supream head and governor over all persons Object in all causes is meant of singular persons rather than of Courts or of the collective Body of the whole Kingdom And that it is meant in Curia not in Camera in his Courts not in his private Capacity and properly onely in his high Court of Parliament wherein and wherewith his Majesty hath supream Power For first Answ 1 The Oathes speak comprehensively both of Persons and Causes over all and in all So again the style of humble and obedient subjects is spoken as from them as the two Houses of Parliament for so they say assembled in Parliament Now if Subjects then and there sure Soveraigns or associates in Soveraignty they cannot be the terms in the same respect are contradictory Thirdly If the King be acknowledged to be the fountain of justice as the Law and Lawyers say he is of which anon then both Laws and Courts flow from him and thence are called his Laws his Courts and so ordine naturae dignitatis both in nature and dignity must be before and above both His splendor is in his Courts but his Supremacy not onely there but in his person also from whence it was derived to his Courts For there must be a First in nature either the King or his Courts and if they be His Courts then he made them and therefore in esse naturae before them Neither doth it hence follow as is there inferred Object That then the King may over-rule all his Courts Ibid. even the Parliament it self and so the goodly frame of Government should soon be dissolved and Arbitrary power brought in Answ For the King having both consented and sworn to the Laws and to the maintaining the jurisdiction of his Courts acting according to those Laws is not now in that respect sui juris and arbitrary in Government but obliged both to God and man to act by Laws and to preserve his Courts unviolate But if any Court shall assume a greater power than the King and Law hath given them or act in opposition to that power from whom they had their being whilst he doth not openly reject all Laws and Government much less when he doth rationally together with as many or more both of Lords and Commons though excluded the formality of being in such a place judge that he acts according to Law in the main of his proceedings In such case and in such actings they are not such a Court nor are not authorised with power from above but act excentrically and as private persons unto whom the Declaration grants the King to be superior As the Army having received Commission from the two Houses of Parliament afterward turned their Arms against them which they could not do by their Commission as also a great fautor of their proceedings since then spake in my hearing God thereby perhaps representing to the Houses by the Army their own failings toward their Superior And the Armies reasoning was on the like principles viz. That they were entrusted with power for the Kingdoms preservation and that the Parliament degenerating they must not see the Kingdom perish Object 3 Neither may it be received that if the Parliament may take account of what is done by his Majesty in his inferiour Courts Ibid. much more of what is done by him without the authority of any Court For to speak properly the Parliament takes account not of the Kings actions or authority in his Courts but of his Officers and of their administration of that authority and this also by the Kings consent established by Law whereby they are enabled so to do Or to speak yet more properly The Parliament that is the King Lords and Commons for the Parliament is not without the King as being the Head of it but without and in opposition unto him and the Laws they do not take such cognizance Again for that saying That they might much more take account of the Kings actions that are done without the authority of any Court meaning the great administration of Justice and the raising of Arms Seeing no Court is superior to its Author the King therefore no Court can give authority to him but he to them nor can they call him to account for then they were his superiors and had the Regal Power and himself should be no King as is expresly affirm'd in Mr. St. John's speech against Ship-mony of which afterward Humbly represent to him they may his miscarriages and punish his Ministers so it may be done without sedition and assuming the Sword which is inseparable from the Supreme Power Lastly How can this be assented unto that because when the Title is dubious Ibid. pag. ult he is
they were the judgment of the Kingdom He replyed Shew me such a body of people in the Nation as the Army is that have not forfeited their liberties and so implying that they might assume unto themselves the judgment of the Kingdom though in that case the Kingdom it self could not judge as was shewed above out of Mr. St. Johns speech because the Royal Person is exempt from vindicative justice So here in this speech all Government being as he said dissolved the Army were a considerable part of the Nation Nay by what follows that there was left nothing to keep things in order but the sword he might have said as before That they were the onely judgment of the Nation But this by the way though not out of it Again in the former speech The Judges saith he thinking pag. 21. that there was a dissolution of the Government did declare one to another Note The Judges that they could not administer justice to the satisfaction of their consciences untill they had received Commissions from me pag. 33. The Parliam And as touching the Parliament and the Militia the great Helena of our Trojan War The Militia whether to be in Parliament whether it should remain in the King or the Parliament have power of it he saith Whether the Parliament have not liberty to alter the form of Government to Aristocracy to Democracy to Anarchy to any thing if this THE MILITIA be fully in them Note yea unto all CONFVSION and that without remedy Lastly The Kings Negative voice pag. 34. as touching the Supreme Magistrate whose Person then he had usurped he saith I shall be willing to be bound more then I am in any thing that I may be CONVINCED of may be for the good of the people which point was like the Armour of Hector betwixt Ajax and Vlysses at the beginning of the War Corollaries from the former speech Now from these expressions we may observe 1. That the ends of the War Religion and Law were not attained but perverted 2. That the government of the Nation was dissolved in their judgment and not setled 3. Note That we were under an absolute arbitrary power 4. That in his judgment the Parliament ought not to have the Militia in them 5. And lastly That the Supreme Magistrate must be convinced in his own judgment before he yield to alter what by right he is possessed of in reference unto all which the War was undertaken But to close this point 4. Testimony of the Parl. grounds of the war declar Aug. 3. 1642. of the grounds of the war and to leave it with some further authentick demonstration and evidence The two Houses of Parliament in their Declaration setting forth the grounds of their takiâ—g up Arms published August 3. 1642. do represent onely three sorts of them viz. 1. either some former miscarriages of the Kings Government or 2. some preparations on his part to War with the incidents thereunto or lastly his refusal to grant their petitions especially that of July 16. 1642. containing their desire of the Militia the leaving Delinquents to their tryal the Kings return and concurrence with the Houses Together with the result of all these the danger to the Kingdom in Laws Liberty and Religion Now for the first of these the King had not onely acknowledged some of them as the dissolution of the Parliament before of the unhappy dissolution of the last Former errors in Government saith the King by the uninformation and advice of some persons looked upon now under another character Where they should remember that some miscarriages in government is incident unto all Princes yea all Governors whereof Dioclesian maketh a very serious complaint Vopiscus in vitâ Aurelian cit à Bucholc Chronol ad Anx. d. 304. Nihil est inquit difficilius quà m benè imperare Nam quatuor vel quinque viri se colligunt atque unum consilium c piunt ad Imperatorem decipiendum dicunt quod probandum sit Imperator qui domi clausus est vera non novit Cogitur hoc tantum scire quod illi loquuntur Facit judices quos fieri non oportebat amovet à Republicâ quos retinere debebat Quid multa Bonus cautus optimus venditur imperator There is nothing more difficult saith he than to rule well Four or five men associate themselves and take counsel together to delude the King they advise what is to be done A Note for Princes The Prince who is shut up at home knows nothing of the certainty of things but is constrained to know onely that which they acquaint him with He makes hereupon those Judges whom he ought not and removes those from government that he should not To be short a good provident and excellent Prince is bought and sold Thus he And the Parliament themselves were not a little abused by their informers Again the King acknowledges his failing in coming in person to the house of Commons to seize the five Members Kings answer to the Declation of May 19. 1642. p. 10. Edit Cambr. and saith As if by that single casual mistake of ours in form onely we had forfeited all duty credit and allegiance from our people We must without endeavouring to excuse that which in truth was an error our going to the House of Commons But besides these acknowledgments the King made real both amends and security for the future not onely by solemn promise but by passing such Acts of Parliament that did not onely remove the former grievances but also secure the subject for the time to come as we saw above both by the acknowledgment of the Commons in the Remonstrance of the state of the Kingdom among other things these The Monopolies are all supprest That which is more beneficial than all this is pag. 22 23 24. that the root of those evils is taken away which was the arbitrary power pretended to be in his Majesty of taxing the subject or charging their estates without consent in Parliament which is now declared to be against Law by the judgment of both Houses and likewise by an Act of Parliament now the Kings consent was there The evil Counsellors so quelled the Star-chamber the High-commission the Coâ—rts of the President and Council in the North are all taken away The immoderate power of the Council-Table is ordered and restrained we may well hope that no such things will appear in future times but onely stories Note to give us and our posterity more occasion to praise God for his Majesties goodness and the faithful endeavours of this Parliament The Canons and power of Canon-making are blasted by the vote of both Houses the exorbitant power of Bishops and their Courts are much abated the Authors or many Innovations in Doctrine and Ceremonies terrified the Forrests are by a good Law reduced to their right bounds the oppressions of the Stannary Courts the extortions of
there may be some kind of amicable or forcible resistance made to the person of a King in some private affairs and in some particular occasions as David might have held Saul's hands if he had in the like manner fall'n upon him as he did cast his Javelin at him And Bathsheba no doubt might have resisted David if he would have forced what he did perswade yet these no way infer a publick and armed contest against him 2. Keilah Secondly David if by temptation he would have resisted at Keilah yet God by letting his friends become treacherous kept him from giving of such a precedent As he did also keep him from fighting against his own Prince 1 Sam. 29. or else becoming perfidious and ingrateful to his benefactor Achish one of which he must have done by turning the spirit of the Lords of the Philistâ—ms against him 3. Cave of Adullam 1. Sam. 24. and chap. 26. But thirdly when David was out of temptation and himself when power was in his hand once and again and he exhorted by some as called by God to do it yet refused and that with this reason because he was the Lords Annointed Lords Annointed which is no more but that he was Legitimate King yea his heart smote him for but cutting off the lap what would it have done if by war he had occasioned the cutting off the life and head of the King For the Revolt of the ten Tribes from Solomon under Jeroboam First when others can produce so set 3. Ten Tribes See 1 King 11.29 chap. 12.24 formal and solemn a call thereunto as then was and such an express approbation afterward In loc we may indulge them the opinion of Abulensis who on these and other grounds defendeth them But secondly 2 Chron. 13.5 6. they are expresly charged with Rebellion by Ahijah who saith Ought ye not to to know that the Lord God of Israel hath given the Kingdom over Israel to David for ever even to him and to his sons by a Covenant of salt And Jeroboam the son of Nebat the servant of Solomon the son of David is risen up and hath REBELLED against his Lord. And thirdly of this judgment are the very weighty and I think the most Expositors Jews and Christians Kimchi in 2 Reg. 11. Pet. Mart. in loc Sanater in 2 Chron. 13.4 Calv. Instit lib. 1. cap. c. ult § ult Hos 8.4 Jure damnatur populi decem Tribuum rebellio quòd velut invito Deo à Davidis posteris desciverit Justly are the people of the ten Tribes condemned because they would as it were in spight of God revolt from the posterity of David saith Mr. Calvin Lastly of this judgment the Lord himself declares he was both by word and action by word when he saith They have set up Kings but not by me they have made Princes and I knew it not By action in that by this means he took both peace and true Religion from them and withal sent them into captivity long before the other but never vouchsafed them any publick visible and particular return that we read of Kimchi in 1 Reg. 11.39 it being denied by their own that the ten Tribes came back when the other two did I have done with that instance The fourth is Libnah 4. Libnah 2 Chron. 25. a City of the Priests which revolted from Joram because of his idolatry but this as that of Edom who revolted at the same time Answ are no encouragements they both being recorded as a punishment only of Joram for his revolting from the Lord God of his Fathers but no more commended then was Absolom's insurrection which also was by way of punishment or Jeroboam's Apostacy which was for the idolatry of Solomon Again it was not lawful for either Edom or Libnah so to do especially the latter being a City of Priests who should both have known and taught that defection from the house of David upon whom the Kingdom was setled Bils part 3 p. 106. and separation fâ—om the Temple to which the worship was annexed was rebellion both against God and man But 't is true too often omne malum à Sanctuario that from the Priests the ill example of sedition and schism is derived unto the people 5. Maccabees 5. Next for the Maccabees 1. Antiochus against whom they managed the war and others were invaders not inheritors of the Kingdome Aliens not natural Princes to whom they owed no allegiance by birth by laws by oath by conquest by succession by protection 2. Besides there are of their own that think the issue of that war proved bad because the Maccabees went beyond their calling 3. Lastly if Exitus acta probat this must not be alledged by them that would finally thrive in such an enterprise for this at the length miscarried and ended in the Roman servitude 6. The Primitive Christians 6. Touching the Primitive Christians under Maximinus We are first to note that they were not subjects to him but confederates and friends Moreover a war saith the Historian Euseb Hist li. 9. cap. 7. did arise to the Tyrant Maximinus against the Armenians who even from the beginning were the friends and confederates of the Romans These who alâ—o were Christians and studious of Religion the hateful Tyrant endeavouring to force unto idolatry and sacrificing to Devils of friends made them enemies and of confederates adversaries Whence it is apparent they were not subjects Secondly for other Christians that might resist in those times they might be as some of them were abetted by a coordinate power for each of the Emperours of the East and West had their dominion a part and the one did not ordinarily middle with the other yet the Empire was but one whereof the Emperours that were had the general protection and might and did succour the oppressed within the Dominions of their Colleague Euseb l. 9. c. c. 9 10. as Constantine did the Romans against Maxentius and Licinius against Maximinus or if it were not so yet were they co-ordinate Princes not subjects This for particular cases But for the general spirit and practice of Christians of those times all Writings and Apologies are full of the solemn protestations of the Christians that though for number and strength they could yet that it was not lawful for them to resist As may be seen by that of Justin Martyr Apolog. 2. God only saith he we worship but in other things we are cheerfully obedient unto you whom we acknowledge to be Kings and Princes of men And Irenaeus Lib. 5. Adv. Haeres Valentin Cujus jussu homines nascuntur hujus jussu Reges constituuntur apti iis qui in illo tempore ab ipsis Regantur Quidam enim illorum ad correctionem utilitati subditorum dantur conservationem justitiae quidam autem ad tumorem ad poenam increpationem Quidam autem ad illusionem contumeliam
under the degree and calling of a Bishop or Dean of a Cathedral or Collegiat Church and they upon the Kings days and Festival days do take occasion by the expounding of any Text of Scripture whatsoever to fall into any set discourse or common place otherwise than by opening the coherence and division of his Text which shall not be comprehended and warranted in essence substance effect and natural inference within some one of the Articles of Religion set forth 1562. or in some of the Homilies Note set forth by authority in the Church of England not onely for a help for the non-preaching but withal for a pattern and boundary as it were for the preaching Ministers And for their further instruction for the performance hereof that they forthwith read over and peruse diligently the said Book of Articles and the two books of Homilies This I say had they observed the sound godly and comfortable doctrine therein contained might perhaps have so endeared them as not to be traduced by them so reproachfully that I say not their peoples edification the Kingdoms quiet and their own peace might have been more then now it is or like to be As to particulars the instances they give are few in number but two and weak in strength to bear up so heavy a charge as false doctrine The first is out of the Homily of the time and place of prayer part 1. Particular exception against the Homilies 2. 't is said that therefore plurality of wives was by special prerogative suffered to the Fathers of the old Testament because every one hoped and prayed that the blessed seed that should break the Serpents head might come of his stock The Brethren except As if every one did not know out of what Tribe Christ was to issue I answer No for these words may refer unto the Fathers more antient before any distinction of Tribes were Secondly After the distinction of Tribes it was long before this truth was made known and not till the latter Prophets if even by them understood of the people The next place is out of the Homil. of Alms-deeds part 2. pag. 160. The same lesson doth the Holy Ghost teach us in sundry places of Scripture saying Mercifulness and alms-giving purgeth from all sins and delivereth from death and suffereth not the soul to come into darkness The wise Preacher the son of Sirach confirmeth the same when he saith That as water quencheth burning fire even so mercy and alms resisteth and reconcileth sins Two particular places excepted against Against this passage they have three Exceptions 1. Against the expression reconcileth sins excellent sense say they Well we shall see how good theirs will be anon 2. Against the matter 3. Against the proof of it first for the matter they say that a charitable construction of them may be wyar-drawn implying they are not simply justifiable But why did not the Brethren retain so much ingenuity I say not honesty as to give the Homilies own explication of them which in that very page and the next saith But ye shall understand How good works do away sins dearly beloved that neither those places of Scripture before alledged neither the doctrine of the blessed Martyr Cyprian neither any other godly and learned man when they in extolling the dignity profit fruit and effect of vertuous and liberal alms do say that it washeth away sins and bringeth us to the favour of God do mean that our works and charitable deeds is the original cause of our acceptation before God or that for the dignity or worthiness thereof our sins may be washed away and we purged and cleansed of all the spots of our iniquity for that were indeed to deface Christ Note and to defraud him of his glory But they mean this and this is the understanding of those and such like sayings That God of his mercy and special favour towards them whom he hath appointed to everlasting salvation hath so offered his grace especially and they have so received it fruitfully that although by reason of their sinful living outwardly they seemed before to have been the children of wrath and perdition yet now the Spirit of God mightily working in them unto obedience unto Gods will and commandments they declare by their outward deeds and life in the shewing of mercy and charity which cannot come but of the spirit of God and his especial grace that they are the undoubted children of God appointed to everlasting life And a little after The meaning then of these sayings in the Scriptures and other holy Writings How to understand the Script and Fathers concerning good works Alms-deeds do wash away our sins and mercy to the poor doth blot out our offences is That we doing these things according to Gods will and our duty have our sins indeed washed away and our offences blotted out not for the worthiness of them but by the grace of God Note which worketh all in all And that for the promise that God hath made to them that are obedient to his commandement that he which is the truth might be justified in performing the truth due to his promise Alms-deeds do wash away our sins because God doth vouchsafe then to repute us as clean and pure when we do them for his sake and not because they deserve or merit our purging Note or for that they have any such strength or merit in themselves In which words a double account is given of those expressions in Scripture which seem to attribute justification and salvation unto good works First Because they declare a man to be the child of God and to be endued with his Spirit and so do evidence that his sins are pardoned Secondly Because God hath unto believers promised a reward unto his own graces and especially that of Love and that which is prima charitatis deificantis filia eleemosyna as Theophylact calls it the eldest daughter of divine Charity Almes-giving Then which what could be spoken more Orthodox or more comfortable I know not But secondly Lest they should say these Answers are invented to salve Apocryphal and other human expressions they are to remember that the same doctrine for substance is delivered by our Saviour Christ and his Apostles Matth. 5.7 Chap. 6.14 As where he saith Blessed are the merciful for they shall obtain mercy Again If ye forgive your Heavenly Father will forgive you which proceeds upon the same ground Luke 11.41 Also Give almes of such things as yee have and behold all things are clean unto you Calvan Harm Which Calvin expounds in this sense And in the next Chapt. Sell that ye have and give Almes Provide your selves bags which wax not old Luke 12.33 A treasure in the Heavens that faileth not c. And that expression Love covers a multitude of sins is used by the Apostle Peter 1 Pet. 4.8 Gal. 5.6 as well as James to the same effect And the
away 7 the Council-table regulated and restrained 8 the Forests bounded and limited 9 that ye shall have a Triennial Parliament 10 and more then that a perpetual Parliament which none shall have power to dissolve without your selves We should have thought this a dream of happiness yet now we are in the real possession of it We stand chiefly upon security 2. Security whereas the VERY HAVING of these things is a convenient fair security mutually securing one another Then is MORE security offered even in this last Answer of the Kings by removing the personal votes of Popish Lords by the better education of Papists children by supplying the defect of Laws against Recusants c. Wherefore Sir Note let us beware we do not contend for such a hazardous unsafe security as may endanger the loss of what we have already Let us not think we have nothing because we have not all we desire and though we had we cannot make a MATHEMATICAL security All humane caution is susceptible of corruption and failing Gods providence will not be bound Note success must be His. Every man here is bound in conscience to employ his uttermost endeavours to prevent the effusion of BLOOD BLOOD is a CRYING sin Note it pollutes a Land LET VS SAVE OVR LIBERTY AND ESTATES AS WE MAY SAVE OUR SOVLS TOO Now I have freely delivered my own conscience I leave every man freely to his Thus far that worthy Knight and I have been told by one acquainted with him and that did sometime visit him in his last sickness that he said That some of the most active men would not have been for the raising of Arms but that they had a strong opinion Mr. Hamâ— Mâ— Pym and others whom he named that the King had so little interest in the affections of the people that he would never be able to raise force to oppose them One occasion of the War And that he the said Sir Benjamâ—n Rudyard did labour earnestly to disswade them from that conception but could not Add hereunto in the third place 3. Gods Testimony Psal 111. Gods own active testimony as it appears against the courses pursued which is not lightly to be passed for as the Psalmist saith He doth so perform his works that they ought to be had in remembrance For although the Word of God and the particular determination of it unto our special condition by wholesome Laws is a sufficient light ' unto our feet and lanthorn unto our paths yet this Word receives much illustration and confirmation by his works both of nature and therefore these are joyned with it in the Psalm and of providence Psal 19. as Constantine the Great Observes Euseb de vit Constant l. 2. c. 25. viz. That believers had light enough by the Word to discern the true Religion from the false yet the working of providence in order thereunto did make the matter much more evident So in the present affair Ends of the War defeated for whereas there were but two main things for which the War was undertaken Religion and the Laws God seems to declare his judgment concerning our undertaking this way to defend them providence defeating us in both yea and that both after full victory obtained and quiet possession enjoyed Whence you may very reasonably believe Kings Letter from Breda unto the General April 4. 1660 that God is not pleased with the attempts that have been made since he hath usually encreased the confusion by all the success that hath been desired and brought that to pass without effect which the designers have proposed as the best means to settle and compose the Nation as a better hand hath notably observed 1. Religion First for Religion not onely the infinite growth of all even the most horrid opinâ—ons and sects and factions of such denying not onely the Lord that bought them 2 Pet. 2. as the Apostle speaks but the Principle it self the Scriptures together with the contempt of Gods worship it self as well as the established form thereof doth abundantly shew de facto that we have lost Religion but above all that unparallel'd Act for Toleration Proclamation for Toleratâ—on Feb. 15. 1654. that de jure we must lose it doth demonstrate And the precedent thereof that Ordinance of the Lords and Commons whereby the security of it the established Liturgy was removed Ordinance of Lords and Commons Jan. 3. 1644. and the Act against Recusancy repealed whereby the flood-gates for opinions and practices in Religion was thrown open since which that which was but then in semine is now in arbore and that such an one as all the unclean fouls under heaven came and lodged in the branches of it This for Religion Then for the Laws and our Liberties conteined in them 2. The Laws first the Court of Justice untruly so called did de facto and in deed extirpate that Court of Justice and pluck it up by the roots as seizing upon any mans estate liberty and life against Law and upon arbitrary power against the Great Charter But secondly it is avowed by him that of late assumed the Supreme Power that all our Laws and government was dissolved and that he might do de jure and of right what he pleased so the other ground and foundation of the War the Law was lost also And because in this cause he is a very authentick witness as having been so deep an actor in the motion we will hear himself speak and that in the face of the Nation in an Assembly of it which he call'd a Parliament that so God might openly shew us what we would not see before He saith Note Lord Protector 's speech Sept. 12. 1654. page 11 13. That those honest ends of our fighting were not attained and setled Again My power saith he by this resignation from the convention of a few called by himself was BOVNDLESS and VNLIMITED And upon the matter ALL GOVERNMENT DISSOLVED all civil Administrations at an end Again pag. 19. the Soldiery were a considerable part of the Nation especially ALL GOVERNMENT being DISSOLVED I say when ALL GOVERNMENT was thus DISSOLVED and nothing to keep things in order but the SWORD Where by the way you may perceive that the mystery of this iniquity even from the beginning and before there was a blow strucken did work For at the time when the Horses were lifting Note and mony and plate was brought into Guild-Hall discourse being betwixt him and one I know in my hearing touching the final resolution of power He saith That if the King did not do his duty 1. Resolution of Government in a Levellers sense it descended to the Parliament and if the Parliament did not do theirs it devolved to the People Now a few days before the death of the King being pressed in my hearing 2. The application why the Army should act such a thing and asked if