have ever been most thankful to those whose favor hath been their quickning spirit 't is pity any man should be undone for his ingenuity and though the Law be rather politick then moral yet I wish repentance may be expiatory so far as Salus be not indangered O but says one all the great Lawyers followed the King Not so neither I am sure the politick Lawyer stayd behind Ambition and Avarice make many a man argue against their own liberties how many men in the world are content to be slaves to some few that millions may be in servility to them it being demanded in a Counsel why so many there present should be of opinion that the Pope was above the Counsel it being against themselves Honest Verideus said the answer was easie because the Pope had so many Cardinals caps fat Bishopricks and rich Offices to bestow and the Counsel had none at their disposing The Bishops preached at Court to advance Prerogative above Law saying my Lord the King is like an Angel of light now Angels all accountable to God only that the King is Iure Divino and are subordinate Officers Iure humano whereas the Apostle calls Kings a humane Ordinance and there is not a man in the Army from the most noble General to the lowest Officer but is as much Iure Divino as the Kings Maiesty or the so much desired Presbytery That David never offended against Vriah for he saith against thee thee only O Lord have I offended giving the reason that Bathsheba was his subiect and that a man may do what he wil with his own and that his Majesty was to repent of any oath that he had made for doing Iustice for being intrusted by God the oaths are voyd Poenitenda presumptio non perficienda promissio The Iudges in like manner say that the King is a speaking Law and carries all the Laws in his breast and might call Parliaments and dissolve them at his own pleasure which if it were so what a foolish thing was it to send for Writs and trouble the Counties with such Iudibrious Elections like him that in the beginning of his Will devised 20000 l. to his wife but in the latter end for divers good causes and considerations him thereunto moving revoked the said Legacy and left her nothing When Iezabel had a mind to Naboths Vineyard it was no hard matter to get Iudges to declare the right against the subiect In dark times of Popery how easie was it for Princes to prefer such men to great places that would be Instruments to execute what ever they would have to be done but I have better thoughts of the present times for now judicial places are wel got and by consequence wel used I dare say there are not more honest men the number considered the of any profession in the world then are toward Law in this Kingdom and the Subjects would quickly find their usefulness to the state were there but one good statute to cut off at one blow all unnecessary delays in matters of Justice Root and Branch which are far more hurtful to the Kingdom then ever Bishops were which God and the Parliament grant The Emperor having a mind to a Subiects horse said all is mine therefore this horse is mine the 2 great Civilians Bartolus and Baldus were retained one for the King said the property of all goods belongs to the Emperor for he that may command the lives may command the goods of his Subiects and the usufruict and possession only is the Subiects the other Lawyer said for the Subiects that the property is in the Subiect and dominion only in the King according to Law the Chancellor being Judg said all is the Emperors who gave the horse to his Counsel and told the Subiects Councel he should never be a Iudg so long as he continued of that opinion but let no man obiect that I seem to asperse those learned Iudges which are at rest I honor the memory of all good Common-wealths-men and my opinion of them is that according to the Delatory forms of proceedings they were good Iustices between party and party but when the Kings Prerogative and the Subiects liberty came in Competition I affirm it confidently that all Iudgments have not been according to right reason witness the case of the Shipmony Knight-hood money Tunage Poundage and Monopolies of all sorts which they did not declare illegal And how many Gallant worthys have they suffered to live or dye in Prison whom they ought to have set at liberty by Habeas corpus And he that looks into matters with a single eye may easily discern that the Fountains from whence these late streams of blood have issued were no other but the pride of the Bishops a Generation who hated to be reformed therefore justly abolished and the pusillanimity and cowardice of the Iudges for if the Bishops had been indulgent to honest people and not Lorded it over the Lords inheritance poor souls they would have been content to have suffered much for quietness sake might they have but had the freedom of their Consciences in a peaceable manner and the Judges been couragious to have executed impartial Justice between the King and Courtiers and the Subiect and in doubtful matter to have inclined to Liberty the sword had never been unsheathed And for these present Reverend Judges I have Honorable thoughts of them but this I must say else I should be a Traytor to my Country that they tye themselves too much to old forms and in Courting the shadow of formalities and conserving the course of their Court they neglect the substance of morall Justice in not helping speedily every man to his due when the matter comes fairly before them for I must live and dye upon it that he doth not deserve the name of a good Judg that when the right appears to the Court doth not help the party to it beleeve it there is not so great an enemy to the Liberty of the Subject as this over-doting upon old forms as if the Ceremonial Law of the Jews were to be revived in the Common Laws of England If a Judg or Chancellor 300 years ago delivered an Erronious opinion this must bind us because he said so and so if one Judg once err this Kingdom must be undone perpetually because the Law is so Right reason is the wise mans president where Judges are learned and solid what need they search for Presidents And why may not we make Presidents for others as wel as they for us I never yet knew a politique Judg in England that considering the end of the Law is to speedy justice would dispence with writs to do right lose formalities to find essentials twelve Such politique Judges would quickly make the Kingdom happy for moral justice Taxes we see are multiplied in all Countries but what way is there to make the Kingdom amends for all the precious blood and treasure that hath been spilt and expended Truly one Ordinance
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
good for the whole he must conclude to be good for him 't is true those that will not execute justice deserve to be executed themselves but consider whether sufferance or resistance conduce most to the common good There are some Scriptures which seem I confesse to be contradictory We reade in the Book of Ioshua and Iudges how a suspition of Idolatry causes Israel to assemble to warres against Reuben and Manaâ—seth and against Benjamin for the Levites Concubâ—nes all rising as one man saying Deliver us the children of Beliall and Jonah was cast out of the ship that would have been the wrack of them all David took up armes against Saul in his own Kingdome his King his Master as in his house and of his Table and Family fled to Sauls Enemy to Akish and offered to second him against Saul fortifyed Ketlah one of his Towns against him and if Saul had stopt the Cave to have pined him doubtlesse he wouâ—d have used means to get out and yet God was his Counsellor by discovering the Princes of Keilah their intentions and the people cryed all with one voyce Jonathan shall not die for the good he hath done to our Countrey and the Scripture speaks plainly that tribute is to be paid so farre as the subjects may pay tribute to God for this cause pay we tribute I give such reverence to the holy Scriptures that when I finde a president for which I doe not understand the reason I conceive there was a reason for it in those times which is now absolete things were done by speciall inspi ation which are not exemplary to us nor may we judge where the Scripture is silent whether it was well or ill done but I am clearly of opinion that in a Kingdome well composed if one man or 100 men should suffer in the Kingdome that the subjects ought not to take up armes suddenly to right themselves but expect with patience till the Authors and procurors of injustice be brought to condign punishment for when an evill in State Policy cannot be removed without the manifest danger of a greater to succeed wisedome must give place to necessity which all Kingdomes must make use of ordinarily and people must studdy when the best manner of Government is not possible without great danger to be obtained to make the best of the preâ—ent when the best things are not possible to make the best o those that are as we say to make the best of an ill game and not to throw it up and say they will play no more 't is not the part of a faire Gamster so to doe when all things are quiet in a Kingdome then consider how that which must be endured may be mitigated and the inconveniences countervailed but if the State collective in the whole body of it or the State contract in a Parliament or Senate shall upon good grounds conceive that the point of that sword which they put into the hands of their Governours to protect them is by evill advise turned against themselves in this case clearly the sword must be wrested out of the Trustees hands if the Master and the Mate be drunk all the Passengers must save themselves if the Dogs will not bark the Geese will cry when the Gaules are scaling the Capitoll for no inconvenience can be greater and this was the Parliaments case for raising Forces they wisely considered before they Voted any Army that in that condition the Kingdome stood the remedy could not possibly be worse then the disease for the disease was the utter subversion of Lawes and Liberties and the destruction of the Protestant Religion at least in the power of it for truly to speak my thoughts freely I doe not think that the difference between the late Oxford Party and the Parliament was whether we should be Protestants or Papists but whether we should be formall Protestants at large or Professors in the power of Religion and God grant that this may no longer be the Controversy in this Nation But because tediousnesse and delay has ever been an enemy to this Kingdome I shall say no more in a subject that has been so much controverted concerning the late unhappy differences but shall apply my selfe to the present juncture and first concerning the Army 1 Pet. 3.15 BLessed Peter bids Christians to be ready to make an Apology for their faith but truly there needs no Apology for the Army unlesse it be for their too much patience in suffering the Kingdome and themselves to be so long abused bysome Incendaries of State who care not to set all on fire to warm themselves For had they come to the Houses the next day after they were declared Enemies and demanded Iustice against the cheife Promoters and Contrivers thereof it had been most just by the Lawes of God and man and I am confident that there was never any former Army in the world but would have done it That such Gallant men which have kept some of the cheife Contrivers heads upon their shoulders for an humble Petition presented to their Noble Generall which all Souldiers by the Law of Armes may doe should be voted enemies and disturbers for that which since hath been acknowledged to be but just was the most monstrous ingratitude that ever was heard of under the Sun since the first moment of its Creation and sure they durst not so justly have provoked them but that they knew they were acted by more noble principalls that though they had the sword in their hand yet they durst not offend God Religion being to them the strongest bridle But whom God will destroy for their great Provocations he first dementates they have rejected the Counsell of God and what wisedome is there in them Policy is a branch of wisedome and all wisedome is from God but this I must premise that that Declaration was not in judgement of Law any Act of the Honourable House for the most Honourable Houses being the Protectors of our Lawes the Preserveâ—s Surveyers and Defenders of all our lawfull Liberties and the Haven and Refuge of all that are oppressed it cannot possibly bee imagined that they in their great wisedomes should unlesse misinfoâ—med vote them enemies to the State and disturbers of the Peace thereof which with the adventure of their lives have saved the Kingdome and preserved the Peace thereof I say under favour we can no more imagine it then wee can the Sea to be poysoned but it was in Law a Declaration of their malevolent intentions who exceedingly mis-informed and seduced and did what in them lay to poyson the very fountain of Iustice who suddenly contrived it in an illegall way against expresse order at an unparliamentary hour and so a meer nullity rather a Nocturnall surprise then a solemn act of Consultation Livery and Seisin made in the night is void if a man be rob'd in the night there is no reliefe for him it being no time for travell no distresse can be taken for
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
that would have many men as free from errors peradventure as themselves in their dayes burnt for Hereticks upon the Stat. of 5. H 4. made against Protestants Was not that H. 4. a Usurper Who was it that murthered R. 2 Who but purpurated Persecutors and bloudy wolves will deliver poore Christians to death or to cruell jaylors which is all one for there is no magis and minus in persecution Matters of wrong and offence are punishable but not matters of Conscience unlesse they bee proditorious positions If Protestants had been guilty of a Powder Plot in France I believe they would never have been tolerated longer hath not England paid deare enough for innocent bloud God hath been reckoning with Us for the bloud of Barrow Greenwood Tisdale Vdall Cappinger and Oyers doe but reade that excellent Treatise of that Worthy Author Sir Simon Dewes concerning this Subject which is sufficient in reason to end the great controversie of the Kingdome and to cast water upon and extinguish all the flames of our present differences in matter of errour 2. There is no other expedient left to settle the subjects liberties but by the continuance of this Army for he that knowes any thing of the temperature and constitution of our Governours and Government must acknowledge that in probability a Reformation in Courts of Iustice and a meet liberty for tender Consciences two things of the highest concernment cannot without the intervention and assistance of this Army be expected for who will consent to prejudice himselfe or derogate from his own profit for the publique good put case the Bishops were sitting in the House of Lords and the greater part what hopes were there to passe an Act for the abolishing of Episcopacy Let all Histories be inspected and it will clearely appeare that the heart of oppression in any Kingdome or State was never broken but by the mediation of some strength and therefore we should love those truths which cost so deare and this not only in matters of Religion which was introduced by blood in Germany France Scotland Poland Sweden Holland and all places where it is establisht save only in this Kingdome yet the Prophecy was By Grosted Bishop to H. 3. Populum Dei in Anglia non liberari à Papatu nisi in ore gladii cruenti but in matters of Civill Right and Common Iustice And now that God has prospered our Worthies in Parliament and made this Army so succesfull shall the Kingdome be content with halfe their liberties or remove the Court of Wards only and let the poore Client be plagued and perplexed in other Courts as he is and no hopes of redresse oh happy Indians that have no Law Suits or suddenly ended Concerning both I trust this Kingdome will ever magnifie and reverence them as the supreame Court and as all the members of the body have a care of the head and venture all to save that so must all the people of the Land venture their lives to maintaine the Honour and just priviledges of the King and Parliament my meaning is that wee ought to have this esteeme not only of this supreame Court and the constitution of the Government but of every particular member untill it plainely appeares that the Acts and Votes against the liberty of the Subject and mindes his own profit gaine and the preferment of himselfe and his friends driving on furiously like Iehu amicable and peculiar interest and neglecting the publique welfare of the people that being priviledged himselfe from all suites is not sensible of the Clyents sufferings I have often thought that it were to be wisht that Magistrates had suffered in their own private conditions that so they might learn to pitty others certainly for a Parliament man that is elected to guide the Ship of State to looke after the Cockboate of his own private fortunes and cares not whether the Kingdome bee Shipwrackt so as he may with the broken plankes build himselfe a habitation as it is the highest Treason that possibly can be committed as being a breach of greatest trust so certainly such a man to say no more deserves expulsion from the Honourable society And if by the long continuance of Patliaments which I take to bee the present case some members shall joyn confederate together to advance themselvs and their own party and dâ—presse all others that shall oppose their ambitious designes and by their active vigilance and studied premeditations present matters so plausible in the House and having the moon and starre-light of naturall parts and other politique advantages shall so prevayl to carry a Vote to the infringing of the peoples Liberties if such an extraordinary case happen it will require an extraordinary remedy I confesse when a Vote of great concernment is carried but by 3 or 4 the lesser number is included in the greater as 4 in 5 and when there is 203 vote for it and 200 against it the Vote is not past by 3 but by 203 and as Solomon sayd two are better then one therefore no better way hath been devised yet it cannot bee imagined that a fourth part in the Honourable House should ever vote against the Liberty of the subject if the design be rightly apprehended unlesse it be in a matter wherein they are exceedingly concerned in point of profit in which case they are to be intreated to be absent but must a kingdom be undone in such a case his Majesty agrees that there is a power in both Houses more then sufficient to restrain Tyranny and that his Prerogative is but to defend his peoples Liberties sure then the Parliament will give mee leave to inferre without any offence to that supream Court which is the honour and glory of the English Nation that there is in the people a sufficient power reserved to preserve themselves from slavery and oppression if those whom they have chosen to infranchise them should be the infringers of their liberties But here I shall be demanded why should not the Army beleeve that the Parliament will as they declare settle the just rights of the King and his subjects Truly not to beleeve a Parliament is morall Infidelity specially such a Parliament which hath done such wonderfull things for the good of the subject as this hath done for our forces had not been so victorious abroad had not our Councels beene most wise at home but yet reason against sence is sophisticall Nor can I beleeve what some of the Assembly pretend that hee which is imprisoned for his conscience has the liberty of his conscience and now I have named that which is the great Apple of contention in this kingdome for to speak my thoughts freely though I beleeve most of the Assembly are men regenerate and good Christians and therefore I love them yet had they never met I am as confident as confidence it selfe can make me that this kingdome had long since been setled in a peaceable posture for we may thank them for their
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
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
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