as one of the most necessary works to be done in this Kingdom and that wherein there wil appear much opposition and if it be not suddainly done it wil not be done in this Generation our Laws are actually or potentially the best in the world for if any thing be amiss the Parliament may reform it according to right reason which is the soul of al humane Laws without exception no Law ought to live longer then the reason of it continues away with all bugbear objections and after Naseby fight lets never distrust God for any thing I mean let us have such Laws as are not directly against Scripture and for which some reason may be given besides the course of the Court for that for which probable reason may be rendred on both sides is not fundamental as the eldest son to inherite the whole estate certainly there ought in all reason some provision to be made for the young Children if the Father make none for them in his live time but true it is that many positive Laws are fundamental secundarily to alter which would be ful of danger and inconveniences unless it were most evident that great utility would thereby arise and accrue to the Kingdom but that is not my present work something I intend concerning Government in general rules by which no man can conceive himself prejudiced as by general rules of Physick no wise man can expect to be cured 1. That the people girt the sword about the King the King says our Law books is the fountain of honor and it is true for the peoples good therefore doth the King make Judges and Magistrates great that they may not be afraid to do right and justice to their brethren so that indeed the state confers honors by the King as the King gives the Alms by his Almoner they presume that the King wil make no Lords but such as shal be an honor to the Kingdom in whom the Kingdom shal be preferred the Judges Robes are for the Kingdoms good to strick a terror into offenders if the Kingdom or the Parliament which is the state contract can justly except against those which are honored that is if they by their greatness oppress the people and Lord it over poor men the honor ought not to continue for all Priviledges and Preeminences are forfeited by abusers no Priviledg which is a private Law must oppose Publique welfare Indeed nothing done without the states allowance is allowable that is nothing against the fundamental good of the people and truly the main end of Parliaments is to supervise the Publique Magistrates to see that Ministers of justice be just and execute justice impartially If Kings did always prefer good men and conferr the great offices of trust and judicial places upon the most idoneous and best men in the Kingdom which are Infra Causam meriti that best deserve them there would be the less need of Parliaments I mean officers of the Kingdom for there are officers of the Empire for the Administration of Publique justice and officers of the Emperors as his Domestical servants answerable to our distinction of the Kings natural Capacity and his politique Capacity art is always the perfection and never the destruction of nature Let me but humbly observe a little defectiveness in state policy concerning the Kings Councel That the Regal heires have not in their princely education Tutors to instruct them in that which most concerns the good of the Kingdom which is Councellors to acquaint them in the fundamental laws of the land how improper is it that the Kings Counsel should be least of Counsel with his Majesty but by per-audience to gain other Clyents and be ingaged in other mens business when they should be attending his Majesty stil presenting the law before him which is the golden rule of justice Judg Fortescue holds it necessary for the peoplâ—s happiness that the King see with his own eys what is for his peoples good that so he may reward the most vertuous the Frâ—nch King is enioyned to pray so much every day to be exemplary to the people how happy would it be if the nobles and Grandees of state would study that fundamental and true end of Government which is the wâ—lfare of the people The young Prince of Persia hath 4 Tutors for Religion as many for the Law but 2 for Martial Exploits for they said for the King to know how to ride the Great horse is but half as good for the Subiects as to know the law by which he wears his Crown and one Tutor for every moral vertue patience courtesy temperance chastity c. 2. Not to argue whether we live under a Government mixt and co-ordinate or simple and subordinate 't is a common Tenent that the Empire France and Spain are merum Emperium England Sweden Denmark and Poland a mixt Empire the Venetians a pure Aristocracy Holland Geneva c. Jurisdictio sine Imperio that of the 6. Kings that be in Christendom Franâ—e and Spain have too much power Sweden and Poland too little for their title England and Denmark just enough to make themselves splendid and their people happy All agree that the King cannot make a Law without a Parliament and I cannot but exceedingly magnifie the mixture of the 3. estates the superlative trust by Law is in the King Lords and Commons 't is but loss of time to look back into the power of the Bishops for 't is not much above 100. years since there were Statutes enforced for the Popes supreamacy yet so as if the Lords and Commons perceive that the King by evil advice undermines the subjects liberties to the manifest indangering of Salus they must then necessarily suspend the operation of that mixture as when 3. men are to cary a weight if one plucks back his haÌ„d the other 2. must bear it for the consideration of publick utility is always equivalent to a necessity Causae necessitatis util tatis aequiparantur in Jure and therefore it is an error to say the people do not trust the right honorable Lords because they do not choose them Their Nobility was acquired and is continued by noble actions those noble Peers that have not deserted the Parliament but continued faithful and adventured their lives and honors for the publick safety deserve eternal praises and in the multitude of such Counsellors there is much safety to this Kingdom for all true Honor consists in vertuous endowments and their improvements the principal whereof is faithfulness to the Kingdom expressing their honorable endeavors after that in works of mâ—rcy justice peace and love The King is ever present by his power the Lords present in their persons and the Kingdom represented by their choycest members who are impowred for themselvâ—s and the whole Kingdom so the whole Kingdom is figuratively present by a part taken for the whole therefore the words Commâ—ssioners or Arbitrators or Feoffees in trust of exceeding their power and such
and the best men are but men at the best subject to the faults of the irascible and concupiscible faculties 5. That to assume a Government without a title and to act beyond Commission to the destruction of those whom they should preserve is all one in reason and so King James that Phoenix of his age for solid learning agrees that there may be a Tyrant as wel by male-Administration as he that comes in by Conquest To speak of the several Conquests that have been made in this Kindom by the Romans Saxons Danes and Normans as also whether William the Conqueror came in upon his Remittor by ancient title I judg impertinent but this is clear as Chrystal that our Ancestors did voluntarily submit to Kingly politick Government that if the Conqueror were a Tyrant for want of title the subsequent consent of the people made him or his Successors lawful Kings being equivalent to an election as Leah by an after-consent became Jacobs lawful wife though he was mistaken in the marriage and an error in the person nullifies the Matrimony And the act of our Predecessors is as strong and binding to us as if it had been our own personal consent A Law being the act and deed of the body politick in Parliament voted by the whole Kingdom as the whole men sees hears instrumentally performed by the eyes and ears Pan. anglium Pan Aeâ—olium Pan-Sicilium The first Paâ—liament wherein by intendment every man woman and child is vertually present by representation or else a statute could not bind them and a Law binds not only their makers but their successors for Corporations never die as the River of Thames keeps thought name the new waters perpetually succeed And though it be not so clear when this consent was given yet we find that King H. the 1. Beaucleark youngest son to William the Conqueror in the 16. year of his Reign called a Parliament at Salisbury which I do not conceive so much to be derived from the French word signifying Freedom of debate as Parliamentum quasi pariam Lamentum the Complaint of the People when there is any difference between the King and his Subjects his Majesty gives them leave to choose out of themselves whom they please as Arbitrators or Vmpiers to determine the matter wherein the Subject thought himself secure that he might choose his own Judges and this was but equal because the King chose the Judges of the Law and though it doth not appear that this agreement between the King and people was reduced into writing because that easy coâ—servatory of printing was not then invented yet who knows but that it was written and since defaced or Imbeziled for my part I cannot imagine our Ancestors to be so â—rrational that they would ever agree that any man should raign over them as their lawful King by their ful consents but upon this condition that when they found themselves oppressed and burthened his Majesty should be obliged to call a Parliament and to agree to such Laws quas vulgus eligerit as the Parliament should present unto him for their happy Government and not to dissolve them till they had done the business they were intrusted to do for the good of the Kingdom for Parliaments never dye intentionally and why may not such an Agreement be lost As we know the Records of many Statutes are not to be found yet it is written in the heart of every understanding man that so it was for how irrational is it to imagine that the King was not bound to call Parliaments 36. E. 3. c. which by Statutes ought to be every year or oftner as need shal require and if the King might disolve them when he pleased what fickle things were Kings what vain things were Parliaments and though it have been strongly objeâ—â—ed that when things have been wel setled the King is to have the negative voice in making new Laws though not in expounding the old because a Kingdom may subsist without making new Laws but not without executing the present Laws I say that the objector is defective in stated Policy for the alteration or enacting of new Laws is as absolutely necessary as to execute those which are made a Kingdom may be as wel undone for want of the Kings negative voice as for not executing the Laws already establish't for the wisest Parliament cannot foresee what wil be best for the Common good the next year Such Exigencies of State may happen and I observe that what hath been objected by the Kings late party to the contrary hath been that the Law is otherwise but words are the least part of Reason that which Mr. Jenkins writes is most true according to the Authorities which he vouches but what Authority is it some of the Judges of the Common Law very good by whom were they made Judges By the King How came they by their places The Eccho is buy them for until the statute of 5. E. 6. All judicial places were generally bought and sold as Horses in Smith-feild for a cheif Iustices place it may be 10000. hath been given and how long to continue during the Kings pleasure was it safe for them to argue for the Liberty of the Subject against the Kings Prerogative the Temptation was very great to be for the Kings side in all Arguments besides Parliaments have been discontinued and short-lived for my own part I do not much value his judgment In a question of prerogative who holds his place at the Princes pleasure for to stand to my own judgment or the judgment of him whom I elect is much alike yet as there have been in all ages some that have stood for the Honor of Christ and resisted unto the death so there have been some that have argued for the Peoples Liberties Bracton saies Rex non habet parem in regno suo nisi Comites Fortesâ—ue Barones et communes in Parliamento et hanc potestatem a populo effluxam Rex habet Another that Rex est singulis major universis minor that the King hath no Peers in his Kingdom but the Lords and Commons in Parliament that the King is greater then any Subject but less then all his Subjects and that he derives all his power from the people Fits Herbert and Shelley that the King is servant to all his Subjects set over them for their good and this is the voice of right reason 't is impossible to imagine that ever any man should have the consent of the people to be their King upon other conditions without which no man hath right to wear the Diadem for when the first Agreement was concerning the power of Parliaments if the King should have said Gentlemen are you content to allow Me my Negative voyce that if you vote the Kingdom to be in danger unless such an Act pass if I refuse to assent shal nothing be done in that case Surely no rational man but would have answered May it please Your
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
his Majesty give his Royal Assent to all such Laws that both Houses shal present unto him Put the case then that the Lords and Commons in England present an Act for the free exercise of the Protestant Religion in this Kingdom and the Lords and Commons in Ireland present an Act to his Majesty for the establishing of Popery in that Kingdom what should his Majesty do in such a case Must not his Maiesty see by his own eys and make use of his own Iudgment and discretion what is fittest to be done therein Are not the sinews of the Leviathan perplexed as Iob speaks is not this a ground to scruple the verity of that doctrine that his Maiesty ought by his oath to ratifie such Laws as shal by both Houses be agreed upon I have known many Clyents reconciled after tedious suites and long endeavoring the ruine of one another but it hath been upon this ground that they have verily beleeved that nothing was done by either of them maliciously but in order to the obtaining of their several rights and that by Gods blessing hath been an expedient not only to tye their hands but to unite their hearts that it may be so between the King and Parliament is my dayly prayer til it be so this Kingdom wil not be setled in peace and tranquillity The very truth is that by the Letter of Scripture and some Law cases the King had a Colour to do what he did as Gods Ordinance having an undoubted right to the Crown by descent as his proper inheritance which no other Court in the Kingdom could have the least shadow of reason to do if they should break trust with the people I have but one stair more to mount before I come to the Army and that is how far the Kingdom is to be obedient to the King and Parliament in all cases And herein I desire to be carefully observed because the Kingdom cannot be convened in it's diffusive body therefore it is formed into an artificial body in the high Court of Parliament which without all question is the Supream Court from which there is no appeal to any other concerning positive Laws for the deciding and determining of the arduous and most difficult affairs of the Kingdom both for titles of land when they please and all the great turnings and windings of state it being most proper to determine the greatest matters in the highest Court in which cases though the judgment of Parliament be not unerrable because the members not impeccable yet it is Inevitable for the Publique judgment of state resides there and it is the wil of God that for the preventing of wars and bloodshed that there should in every nation be some supream Court to whose determinations every private man is to submit as it is in Deut. Deut. 17.11 possibly many of the Iews might conceive that the juâ—gment of the Iudgâ—s Levites was not always right yet it must stand to prevent a greater evil I am not of opinion with learned M Jenkins that acts of Parliament which carry a seemâ—ng repugnancy are voyd or that the Judges have power to controle acts of Parliament and construe them to be void for this is to erect a higher tribunal the Judges are obliged to expound the Statute according to the intent of the makers otherwise they that are at the Oars should row against them that sit at the stern The intent of the Legislators is the Empress and Qeen Regent which the Judges are strictly to observe and theâ—efore that objection of a repugnancy in the countenance of this Paâ—liament for how can therâ— be a Parliament every 3 year if this continue 7 years is but a flourish for in all acts grants and wils such an Exposition is to be made that every word may have its weight and be of force the meaning is plaâ—n that after this Parliament theâ—e shal be a Triennial Parliament some incongruity no more then when a man makes a Lease for 7 years after from year to year and no acâ— shal be construed to be voyd when by any reasonable intendments it may be made good the Judges being Assistants in the upper House cannot but know the meaning of the statute if it should be penned obscurely and by the same reason they ought as wel to take notice of every private act as those which are general and not to hazard the right of the Subiect upon a nicity of Pleading which is so fatal to many mens rights but it behoves Mr. Jenkins to hold that Iudges may expound acts of Parliament to be void when himself being a Iudg in Wales nullified Ordinances of Parliament made for the liberty of the Subiect which he ought to look upon as an Ordinance of God not to be disputed but obeyed but this is the fruit of his studying Law upon the Sabbath days whereof he was wont so much to glory that he gained one year in 7 in his study but all the hurt I wish him is that he would now study the Law of God which is the only touchstone of all humane Actions and the Archetype of all Governments and what is against it is pure innovation But this I agree that a statute against the law of God or nature is void for man having no hand in making the laws of God or nature they may not intermeddle in the Changing or repealing of them but any positive law made by man may be altered by the same Authority and therefore the meaning of that in Dan. like the Laws of the Medes and Persians which are unchangeable is to be intended either that those Laws were only a ratification of the Law of God or nature aâ— the Counsel of Trent that gave Authority to the holy Scripture or else that they might not be altered by the Emperor without the peoples consent In the next place I conceive that no fundamental law of this Kingdom can be altered by the King and Parliament but my meaning is that nothing is fundamental but what is for the safety and happyness of the people that which was no Law before it was written that may be altered but the happiness of the people was a Law before all written Laws Magna Charta was Law before it was written and collected but for easier Conservation being for the peoples happyness and that statute in 42. E. 3. that every Law made against Magna Charta shal be void is no more then the voice of Reason for the Foundation cannot be removed so long as the building stands It troubles me to hear when I am saying that Lawyers ought not to make the trouble and disquiet of poor men the Basis of their Grandor And that it were happy for the Kingdom if the Parliament would device some expedient for summary justice what saies one wil you destroy all and change the fundamental Constitutions of the Kingdom As if the ease and welfare of the people should be their destruction I look upon it
Redintegratio Amoris OR A Union of Hearts between The Kings Most Excellent Majesty the Right Honorable the LORDS and COMMONS IN PARLIAMENT His Excellency Sir Thomas Fairfax and the Army Under his Command The Assembly and every honest man that desires a sound and durable Peace accompanied with speedy Justice and Piety By way of respective Apologies so far as Scripture and Reason may be Judges By JOHN COOK of Grayes-Inne Barrester The falling out of lovers is the renewing of love London Printed for Giles Calvert and are to be sold at his shop at the black spread-Eagle neer the West-end of Pauls The principal matters are That 1. NAture is of Gavelkind Tenure 2. All lawful authority is derived from the people who cannot by any Covenant inslave themselves 3. Good Kings raign by Gods approbation Tyrants by his permission till the people can free themselves 4. What Law is what Rebellion is 5. That Anarchy is better then Tyranny 6. That in quiet Kingdoms much Iniustice is to be suffered rather then to oppose the Governors till it be insufferable and then it is ne resistance of authority because God never did nor man can give any such authority 7. Some Scriptures answered and such reverence to be given to divine authority as to beleeve that there was a reason for every thing though we cannot reach it 8. That Bishops for Religion and some former Judges in point of Prerogative are of equal credit 9. What undâ—d Lord Keeper Littleton and others 10. Twelve politick Judges to execute quick and cheap Justice requisite to felicitate this Kingdom with an Expedient for it 11. Essentials not to be lost for Formalities 12. The Law and the Prophets to be rather studied then law and profit 13. A Cause at first as plain as a bul-rush comes to be as hard as an oak 14. That Parliamentum is parium lamentum and that Kings originally agreed to refer the peoples complaints to whom soever they would choose and that Parliaments never dye intentionally 15. The mixture of the three estates commended yet if one of three oâ—ligors fail the other two must pay the debt for Justice must be dâ—nâ— 16. That the Judgment of Parliament is inevitable for all positive Laws by vertue of the fifth Commandment 17 Kings are not less free by reason of Parliaments no more then men are less safe upon Pauls for the Rails 18. To question the Justice of the Parliaments Cause is to doubt whether Protestant or Popish be the true Religion 19. Yet so as the King had some colour for what he did in Gods Ordinance which the Parliament if they should break trust have not and his late party adhering to the letter of Scripture and some Law cases Touch not mine anointed c. had the same colour as Papists for transubstantion by This is my body 20. Mr Jenkins easily answered and Dr Fearns matter combustible 21. Reasons to induce his Maiesty to beleeve that the Parliament did nothing but in discharge of their great trust without which they could not have answered it to the Kingdom and that his Maiesty would frame arguments for that purpose 22. That the Parliament would conceive that his Maiesty acted according to his present light for the satisfaction of his Royal Conscience his Royal Allies and many of his people at home would frame arguments for his Maiesty besides that the Law lays all the blame upon his evil Counsellors 23. That this is a principal expedient to beget a right understanding and endeared and loyal Affection between his Maiesty and people 24. How his Maiesty is head of the Church and one Argument for his Maiesty when the several Parliaments in England and Ireland present acts for establishing of the Protestant and Popish Religious severally what his Maiesty is to do and that the King of Poland swears to maintain both those Religions 25. That the Lords are intrusted by the people though not elected as Guardians of the Kings Contract with the people and that all subordinate Officers are to mind the duty of their places more then the desires of those that preferred them 26. Two things in the House of Commons questioned the Members not being sworn and their not Administring oaths and Answered 27. The Lords supplicated to be indulgent to tender Consciences being exempted from the Presbyterian discipline 28. Three Ordinances begg'd 1. Redemption for our poor brethren slaves to the Turks 2. Liberty for poor Prisoners that are ready to starve 3. Some speedy course to abate the price of corn least poor people be famish't 29 An Apologie for the Armies not disbanding who have bin true to the Covenant and seek nothing but for what they first ingaged and have been the breath of many of their nostrils who would not have their breath in the Kingdom 30. The Declaration against them a Nullity the Revocation of it a great honor to the Parliament and Army What spirits the Armies opposers are of 31. The two great expedients for a substantial settlement of the Kingdom Reformations in Courts of Justice and Liberty for tender Consciences cannot as mens interests now stand be effected without the Continuance of the Army 32. That the main interest of this Kingdom is to be as zealous for the Protestant Religion as Spain is for Popery 33. The Interest of all honest men is speedily to Vnite specially for Gods people 34. That the difference was not whether the Kingdom should be Protestants or Papists but Protestants at large or strickt Professors 35. That should the Army disband til Liberties are secured they would be a ludibrium to all the world and culpable of all the sufferings of Gods people 36. Some late Arguments against the Parliament answered and the Honor of that high Court in all things to be maintained so as the Honor of God do not suffer nor the peoples liberties destroyed 37. No man to grow rich in a time of Civil War Nor usury then to incur some Vsurers within the statute de judaismo and a provision that there may not be a begger in Israel 38. God wil not suffer any good Governors to be destroyed so long as they Administer Justice but t is dangerous for the supream Court to deny the people their Just Liberties 39 Forreign Negotiations against Protestants and the private Interests of some which are contrary to Publique Liberties are Grounds for the Armies continuance 40 Religion introduced by blood every where but in England a Prophesy concerning the sword to that purpose therefore truths which cost dear are to be loved 41. That war is lawful to defend Religion not to promote it that the sword maybe imployd for Religion as the servant of justice 42. Who are the hinderers of Irelands Releif and how Antichrist with his left hand may fight against his right 43. That H. 7. did wel to kil R. 3. and long may his Royal race inherit in our present Soveraign Lord King Charles and his princely Progeny 44. The Author
instances used by many are in my opinion very improper now the honorable House of Commons being best acquainted with the Kingdoms Condition all good laws do move primarily from them which being transmitted to the Lords for their Lordships concurrence it is no smal security to this Kingdom in peaceable times to have the reasons of the Law solemnly debated perpended in the presence of the reverend Iudges for ever amongst Eagles eyes two eyes may see more then one and after their Lordships Concurrence the Kings Majesty desires to be satisfied of the reason and equity of the Law before he gives his Royal Assent by such wise and great deliberations Counsels prove most mature and happy as Corn that is long in ripening I conceive that the noble Peers were originally intrusted by the people as Guardians of the Contract which the King made with them and these noble Lords follow the King as the Planets the Sun in the Zodiack from whom they receive their light and splendor for the publick good and the prevarication of some which have given his Majesty pernicious Counsel as Eve tempted Adam that had been sufficient to have undone himself and his posterity but that the Law of England lays the blame upon the evil Counsellors makes the fidelity and gallantry of the rest more glorious and illustrious I would but humbly beg from that noble body those great luminaries of State that as their Lordships and their noble Families are exempted from the Presbyterian Diâ—cipline so they would be nobly pleased to dispense with such who with any quiet of conscience cannot conform thereunto that no coactive violence may be offered to such as be religious and peaceable in their differences for that no rational doubt can be destructive of State-policy as that noble Peâ—r saith Lo. Brooks who went to heaven in a fiery Charriot And being upon my knees I would humbly beg of our most honorable Worthies 3. things 1. An Ordinance for the Redemption of our poor brethren in Argiers and Tunis which are Captives and Galley-slaves to the Turks If money be wanting oh why is there not more general Collectâ—ons for that blessed purpose far better then to give to free-schools and because they are far of 2. That in the interim the many poor slaves and hunger-bitten Prisoners in and about this great City and other places of the Kingdom which are ready to starve and no more able to pay those moneys which they lie in for then to flie and certainly to clap a man in prison til he can flie or pluck down Pauls would be a great blemish to the Government of this Nation Reason commands no impossible things and a good Ordinance to be made for the sale of mens estates for the paymâ—nt of their just Debts 3. That some effectual cours maybe thought upon to abate the price of Corn specially barley that the poor might not starve which might easily be done by allowing fewer ale-houses and the statutes for selling a quart of beer or ale for a peny speedily put in execution What a sad thing is it that in a plentiful Kingdom many poor people should be ready to starve oh where are the bowels of English Magistrates why should rich men have superfluities til poor men have necessaries Let the King and great ones feast and the poor many times fast but let no man starve truly the â—ery Essence of a Parliament is freedom a new Pope kept a Gawdy day to reioyce because all his sins were forgiven and that he was now free from the censure of all men and being a Gentleman ask't a Cardinal what shal I do now to shew my love to the Romans said he pray Sr. forgive us all our siâ—s and make us as free as your Holines The Honor shal be the Parliaments the happiness the peoples And here I would humbly pray those excellent Justiciaries to receive all complaints Petitions and Informations from whomsoever they come I have thought sometimes attending some clients business and hearing poor suitors complain of their long attendances but if a man had some Information to give of a new Spanish-Fleet or some dangerous â—nvasion to be made against this Kingdom he could scarcely be heard in Holland when the general states are in Councel at the Hague there are always some appointed to come forth to receive any information that can be given for the Publique good and if any man says he hath business of Importance to Communicate he goâ—s into the Counsel house if it be frivolous he is wel laughed at for his pains and it may be fined but to what purpose should there be a freedom of debate in a Counsel if there be not freedom of Information to the Counsel In the last great frost the River near Anwerp that beautiful town in Flanders which Charlâ—s the 5. said was fit to be seen only upon Holidays was all frozen over as the Thames was and about 2. a clock in a fair Sunshine afternoon there being at the least 1000. people upon the River the Councel being sate there comes an old fisherman running and sweating to the Common-Councâ—l door and said he must be admitted instantly about extraordinary business who went in and told the Councel that if they did not use some policie to get the pâ—ople of from the River they would instantly be drowned for he perceived by the clouds or some skil that he had that the Thaw would be so suddain that the ice would break within a quarter of an hour The Councel without any further dispute for the matter had not been great if he had been mistaken Commanded instantly the bells to be rung backwards and the drums to be beat up which the people upon the River hearing thought it was a fire in the City or that the enemy was approaching or some other extraordinary matter made all possible speed From the river yet not so fast but that there were at the least 50 drowned for it grew dark of a sudden there was a great shower the Ice broke and the Thaw so unexpected that in probability had not this poor mans information been received the most of them had lost their lives How hard a thing is it for Clients and Counsel too to get into many places of Justice The Door-keepers are so hasty and angry if a man do but ask them any question in the most submissive language and many of the Clerks so teasty and brinish as if they were composed of that pillar of salt that Lots wife was turned into and so unaccostable that I profess a man may far easier have success to a noble Lord or a worthy Member then to them 't is a shame to see how they make poor Clients dance attendance after their pipes I profess if they do not reform their currishness they shal be known to all the Kingdom for their inhumanity I confess the ingenuity and readiness to give content with all civility of those which attend the right honorable
the Lords and Commons and some others is much to be commended O but how difficult a matter is it to get a motion in some places of Justice if a man could be dispatcht after four or five attendances it were brave and that which is most lamentable 't is all one if a mans Client be a prisoner whereas a politick Judg would ask at his first sitting Is there any motions concerning life or liberty or dower for Widows or Orphans and dispatch poor men first them that can spare most Fees let them tarry I know one that hath been assigned Councel for 26. Paupers could never be heard or above four or five of them 't is a po nt of great â—ngenuity in Lawyers to mâ—ve first for hiâ— poor Câ—â—nt without his Fee I have heard many of my leaâ—ned Masters that they would freely move for any poor man as often as he should desire if it mâ—ght not hinder them fâ—r their other Clients 't is a gallant spirit trulâ— though it be tâ— commend our selves yet 't is a truth and a man may commend himself to be coâ—manded and imployed as David did but some are lâ—ke Rocks and wil not be moved What do you to me with your Paupers at the latter end of the day When God knows he came two or three hours before the Couâ—t was sate What! do you think all to be heard As if we came nâ—t to be hâ—a d buâ— to hear others 3. That free people in their right wits never covenanted against the Law of God o Nature nor meant to inslave themselves to the lusts of one or more whom they elected or consented to be their Governors for the end of Governâ—ent is the welfare peace liberty safety propriety and all kind of haâ—piness of the people were it nâ—t for which there would be no end of Governors nor Laws nor can a Kingdâ—m be bound to any condition destructive to any of her own Members Law is but the rule safety is the and of Government now the end as it is first in intention so it is always more noble then the means for the means as means is always inferour to the end as he for whole sake a garment is made is more honorable then the rayment so health anâ— strength are the chief principal ends of dyet food and physick being the means therefore are inferior so are all Governors subservient to the peoples welfare as it is declared in that most excellent Declaration of the 17. of May 1646. whâ—ch deserves to be ingraven in marble Pillars that the welfare of the people is the suprem Law salus popâ—li is the end of all ends for whose sake all positive Laws may be ended and must expire like dead men for the Law is but Lord of particular persons thâ— Câ—â—munity is Lord over it nay theâ—e is no Law of Gâ—d that stands in competition against the safety of the people sacrâ—ficâ— must do homage to mercy the morality of the Subjects must be suspended to save the life of a sheep how much more for the welfare of the shepâ—erd if it be lawful to brâ—â—k the 4. Câ—mmandment in the Lettâ—r of it to save a mans life how much mâ—re lawful is it to dispence with the fifth Commandment to save the lives of milâ—â—ons all must stay and Lady Salus must first be secured the Letter of the Law must not be killing to the people a whole Kingdom can no more be â—uâ—ject to a dead letter then the Romans to their own slaves and as the Romans being a people full of generosity and courtesie never more exprest â—heir gentle disposition then by easie condescending to let their bond men at liberty so our Worthies in Parliament can never do a work more glorious then to infranchise this Kingdom in their souls bodies and estates for which they shal deserve immortal praises Q But hath not the Parliament an unlimited power and Authority Resp What agreement was between the Counties and the Knights of the Shire and the Corporations and Burgesses when Parliaments were first called no man can directâ—y say for my own part I do beleeve that there was some foâ—mal agreement reduced into writings what power the Kings and Burgesses should have and specified in the Indentures of return made betweâ—n the Sheriff and Electors and the Knights and Buâ—gâ—sses which trust the Parliamâ—nt men from tâ—me to time faithfully discharging and Contribuâ—ing to all Taxes and Charges out of their oâ—n estates the people at last were contenâ— to leâ—ve all matters indefinitely to their Knights and Bu gesses and in many Burrough towns there was scarce a man that could write in those days but the matter is not great for thâ—t which limits all Kings and Councels is the end of Government which is the prosperâ—ty of the people and all agreemâ—nts are presumed to be made for the welfare of the people No unnatural thing can be presumed Authoâ—ity is a challenge of obedience legally by such as are impowred by any people Power to speak properly is an ability to put that Authority in execution now all power in the people which they wel knowing were not so careful as they might have been to set limits and boundaries to Auâ—hority becauâ—e the strength remaining in themselves they could never imagine that any Governors would Command them to destroy themâ—elves and therefore these Arguments about seizing upon the Milâ—tâ—a and forts of the Kingdom are weak and invalid if the meaning be any other ways thâ—n this that it is Rebellion for any or many private men to resist the King and contemptuously to oppose the supream Court of the Kingdom because they are less then his Majesty but that both Houses of Parliament can commit Treason acting for the good and by the power of the Kingdom is to argue that a man may commit Treason against himself and that a man is bound with his right hand to cut off his left hand things which nature abhors Q. But what if a free people should make a general Letter of Attorney to some Governors to make what Laws they please against nature and humanity May not a man tye himself to a post as the old Usurer that would bind the young heir to a Table Resp I answer the authority is voyd and revocable for no power can be given that is destructive of humanity Q. But what if the Governors wil not let it go but act accordinly for Domination is a sweet morsel not easie to be parted with R. I answer that in such a case the peâ—ple are bound by the Law of God and Nature by force to redeem their liberties they which be impowred must be overpowred for free men can give away their freedom no further then as it conduceth to justice universal and paticular Phaâ—aohs Law to destroy all the Israelitish males or Herods cruelty or Lycurgus Law to kill all weak or old people or a Law to eat but twice a week doth any man question but these may
be resisted Q. But is not this contrary to Rom. 13 R. Truly ' tâ—s very observable that that Chapter should be sent to that people which are the only opposers of Civil Magistrates but the meanâ—â—g is that none may resist Gods Ordinance a people may resist all but the Oâ—dinance now no Tyranny is Gods Ordinance there is no such authority if I be bound not to resist authority 't is a good plea to say there is no such authority therefore all Tyranny is resistable and that is but to resist the violation of the Ordinance if a King would kill any man against Law there is no question but he may resist to save his life for self-preservation is by the Law of Nature for when I can have no Justice the Law makes me a Judg in my own case as if a thief set upon me to rob me I may kill him because there is no justice neer to help me so if the highest Court in any Kingdom would kil the Kingdom they may kil and dissolve that Court because otherwise they can have no justice upon it for no man can give away the right of defending his life until he hath forfeited it I assure you if Kings and Governors be cast at the Bar of Reason the Scripture wil never relieve them for God and Reason never differ but in metaphysicks Did ever God impower any man to do injustice or to erect a Court to inslave their brethren Shal not the Judg of all the earth do right God fâ—rbid the end of Governors is justice safety and protection which must not be lost to preserve forms or private priviledges which must never stand in competition with Salus Substances must not be lost for formalities Justice must be done God commands it if the Commanders wil not do it the people must have a care of the main is a good Proverb the main of all is to prefer the main I speak all this while when Governors act apparently against their Commssiions and the safety of the people he is a Tyrant whom all the people shal call so and that supream Court is Tyrannical of whom all the people shal say so which is hard to imagine of any general convention for it is not possible to vassalize the people but themselves must likewise be inslaved Quest But if in such cases blood be shed who shall be said to be guilty of it Resp The neglective Magistrate is guilty of all following exorbitances and extravagancies he breaks the peace that constrains me to break it for my own preservation nothing is more lawlesse then that Law that would endanger the Publique welfare not the Actor but the Enâ—orcer rebels against right reason and ought to suffer for double enforcing and accusing Quest But which is better of an Anarchy or a Tyranny Resp I have read much for satisfaction in that particular and truly I conceive it farre better to have no Government at all then a Tyrannicall one as being better to have no Governours then to misse of the end of Government which is the peoples good I agree it better to have continuall sore eyes then to be stark blind and that is no good cure for the tooth-ach to pluck out all the teeth but the principals of common Justice and honesty are still remaining in every man though much defaced yet not quite obliterated and that which is sufficient to condemn the Gentiles would be a better light to the people then to give absolute obedience to the will of a Tyrant for what difference is there between being governed by the Devill and a man that is possessed with the Devill if there were no Governours in a Kingdome but every one stood upon his guard if a man were foiled at one time he might get the better at another if to day he were grieved to morrow he may be relieved and no man durst kill for fear of being killed for who is so strong but may meet with his match therefore lesse mischiefe certainly to have it so then a perpetuall slavery Obj. But it will be objected that Magistrates are but in a dangerous condition if the people upon every discontent shall be mutinous and quarellous and upon a supposition of injustice done presently take armes to destroy Governours and Government Resp Indeed this is diligently to be pondered and this I take clearly to be the minde of God that in Kingdomes and States well setled many Acts of Injustice are to be suffered without resistance and to bee past by insensibly In a great building a stone that is ill placed must not be removed certainly when God commanded obedience to Kings he considered that they were passionate men with like affections and would have Favourites as others As sufferance is counted by the Papists the highest point of merit so certainly sufferance is the greatest wisdome to prevent a greater sufferance in matters which are sufferable and I could be content to loose any thing but my Conscieâ—ce and Liberty and specially for Christians to suffer in matters of common Iustice and the things of this world truly I should highly commend it because their Kingdome is not of this world the losse of a Christians outward estate is not the losse of his inward comforts nor is every cruell Government Tyrannicall it is much better to suffer much under the gracious influence of Iupiter and Venus then to live as Vulturs and Cormorants under malignant Saturn and Mars like Cannibals feeding upon one anothers bloud If I knew that my Father would come into my chamber and beat me for nothing I would not resist him but if I were perswaded that he were resolved to kill me then I should defend my selfe and if it should come to that sad strait that I must be killed or kill though possibly my affection might chuse rather to lose my own life then to be the death of him that gave it me yet my judgement would prompt that it is selâ—e murder in me to betray my own life when I may preserve it and though I should esteem my selfe most unhappy and rather wish that hand that did it had been cut off yet not dispaire because it was against my intention and my will If I were asked who was the most unfeigned lover of his Countrey and the Kingdoms best friend I should answer in two things He that is most forward to go wayes which are dangerous to himselfe and safe to his Countrey whereby I exclude Neuters that will be sure to sleep in a whole skin 't is not the Innocent Sheeps skin but the Foxes skins when the King of Sweden approached Frankford the Citizens sent to him that they might be Neutrall till their Faire was past what sayes he Are your Faires dearer to you then your Consciences by Solons Law Neuters were to be hanged 2. He that is content to suffer when his private sufferings may conduce to the Publike good for every English man is a member of the body Politick and what is
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 Magistrate who is a good Christian stands upon the advantage ground and ought to command the people for Gods sake to yeild obedience to the Laws of God and to be exemplary in his conversation and to protect Gods people by declaring against errours and that no man ought to beare with an errour in his dearest consort but perswasion is the Gospellary way without all dispute in matters not fundamentall My Lord Bacon was of that opinion he that is not against us is with us Spirituall maladies must have spirituall remedies in matter of opinion I wrong no man if he be offended at me it is his weakness I intend it not I speake of errours in Religion not errours against Religion with a toleration whereof no State or Kingdom can subsist 'T is a fruit of the Turks Religion not to couzen nor steale and to make conscience of an Oath to doe no murther nor adultery 'T is against Intrinsicall rules of all government to permit any of these nor must any errour be permitted that is a sworne enemy to peace and policy Man can give no power but what God gives therefore it is no resisting of authority when there can be no such authority given matters of conscience are not giveable nor takeable If I bid any man kill me and tye my hands yet I may breake the cords I cannot give power to enslave my selfe nor ought any man take it If there should be any Covenant made to enforce conscience it is an unjust Oath and to keepe it is to adde a greater sinne to a less as if the first were too little whereas the least is too great and should be lesned not enlarged and though I am bound to lose by my Covenant yet not to be undone by it When the Lord visits us with sicknesse doe not we defend our selves against his blessed Majesty by Physick by food and rayment And nothing more lawfull and naturall then selfe defence against which no Canon can be of force as it was resolved at Constance that a Canon made in favour of an angry Pope that he might strike any man and no man strike him was void by the Law of nature for what is it but to arme sin against the Law did not Sweden Holland France Germany Poland and Scotland introduce Religion by the sword Calvin Beza Bellarmine Carrerius Junius Turquet Bucanus maintained the lawfulnesse of it and Bilson in the Queens time wrote a book in defence of it not to invade the Turke because he is not a Chrâ—stian but for the freedome of their own consciences King James in his Epistle to Perron justifies the French Protestants fighting for their Religion calling it a defensive Warre that he which offers the wrong is alwayes on the offensive part as he that denies the debt begins the suit and such a wrong doer cannot be wronged Geneva in 1536 cast off the Bishop their Prince and Calvin sâ—yes Populars may restrain all kinde of tyranny as the Ephori did the Lacedemonian Kings and the Tribunes curbed the Consuls and if for bodies much more for souls the reason is because every people in the conferring of power reserve so much to themselves to attaine that end whereunto they are ordained which is the glory of God and their own freedoms and welfare Certainly God never commanded any Magistrates to lay any clogs or Fetters upon the consciences of his own people that 's the apple of his own eye yet so as if by force his people be destroyed they must take it patiently dye like lambs for the Lambs sake that dyed for them but they may not suffer if they can oppose it that 's to be guilty of selfe murther The sufferings of Jesus Christ were voluntary and when wee resigne our wills to a thing enforced we make it willing and so the Martyrs were said to lay down their lives willingly and yet they could not help it This fighting for Religion is not to fight to promote it in others not to kill any tyrants that oppose it but to preserve Religion and the professors of it All Magistrates are tyed to the Laws of God and nature and 't is a lesse sinne for a private man to breake those Laws then the Magistrate who is intrusted to keepe them For a Commissioner to breake a trust is the highest prevarication against which illegalities self-defence is lawfull if the party can help it men may free themselves from tyrants if they can if not what remedy but patience the reason is perspicuous because no man can impower another over him to command against both or either of those Laws and therefore the meaning of those commands of honouring the King our parents and governours is to observe all such lawfull commands as are not contrary to God and nature for God is the God of order which he should not be if Governours were to be obeyed disorderly If a King or Governour be mad must all the Kingdom be fools to obey such a Devill as that Duke D' Alva was that made the Hangmans place in Flanders better then the Chancellours If such a Magistrate be drunke and resolved to kill whomsoever he meets may not the people shot him up all night from doing mischiefe to take away a madmans sword from him is not to take away the property but to prevent the mischiefe Many of H. 7. freinds had sworne fealty to R. 3. yet H. 7. did well to kill him and we never read of my pardon obtained from the Pope the Royall race of H. 7. inherits still in our Soveraigne Lord King CHARLES to whom God impart as many graces as to all his Ancestors that as he hath made the heart of Gods people sad so he may now make it his royall study to set Jesus Christ upon his Throne by whose gain his Majesty can be no loser and long may that Royall race continue to administer and execute good and wholsome Laws for the prosperity of these Nations by which it is more honourable to command 10 free men then to tyrannize over 10000 Gally-slaves If the Magistrate in a Protestant Kingdom should introduce Popery as in Queen Maries time a particular man may not oppose but the Parliament might and by the Law of God ought to have opposed it But if the Lord had put a sword into the hands of the Smithfield Martyrs able in probability to have defended themselves these could not have dyed with comfort for their Religion for I cannot judge him a good Christian that is not a morall man and he that will not doe right to himselfe to defend his own life will hardly doe right to his neighbour he that hath but a little minde can be but a little vertuous I affirme that the Army may not disband in point of honour till this Kingdome be in a better way of settlement for I ever thought that there was more to be done for the happinesse thereof then the humiliating and geniculating of the late Oxford party whose
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
the Potter the new moulding of this Army was visibly from heaven and the Lord hath carried them all over this Kingdome as his beloved darlings with much love in his brest towards them and he that suffered no man to doe them wrong would not have them to wrong themselves because he moulded them for vessels of honour and now being at rest in God and thinking to rest from their labours the blessed Spirit begins to witnesse to their spirits that all is not yet as it should be and their souls being troubled within them how they might glorifie God and â—e intercessors to the Parliament for the liberties of this Kingdome the Lord said unto them Seeke yee my face and they answered thy face Lord will we seeke and sequestred two daye at Saffron Walden to seeke the Lord by fasting and prayer a thing unheard of in the Germane Wars to see a Noble Generall and valiant Commanders that had encountred with Lyons and walls of brasse to lye groveling upon their knees and pouring forth fervent prayers the breath and voice of God in them asking counsell from heaven begging light and direction from the Father of lights praying for wisdome from above what a rare example is it how admirable is God in all his workings And when they rose up to eate and their countenance was no more sad the Lord had by the powerfull influence of his good Spirit given in a sweet return of Prayer for their continuation together and thereupon the souldery desiring a generall Rendevouze the horse and foot met with such a generall reâ—oycing and such an unanimous resolution to live and die together for the just rights of King and people that it is most admirable to consider such a wonderfull conjunction of mindes and such noble Principles that money which is the Loadstone that draws the iron hearts of most Souldiers is no more reckoned by them then dirt in comparison of just liberties who can say but that this is altogether of a divine off-spring which to oppose what is it but to despise the spirit of grace I am confident that they which kick their heels against this Army will in the end break their necks Nâ—xt I shall onely ask the question whether out of those quivers of arguments used by the Parliament to justifie their raising forces I might not draw many even take them all out one after another to justifie the Armies not disbanding all was done by the Parliament for the publike good The Parliaments Motto is pro salute pâ—puli and the Armies pro salute populi Dei totius Angliae no lesse can be presumed from the Army for they who have adventured their lives for the good of the Kingdom will never do any thing to endanger it Certainly hee that saved my life I owe it to him I will never distrust him they have the character of God upon them and of his Consecration the Parliament hath lately voted them their Army the whole Kingdom favours them and all good Christians have cause to love and honour them and yet there are some calumnious spirits that would rob Christall of its brightnesse but the Sun of the Armies innocence will quickly melt the ice of all these Calumnies It is not my designe to improve those popular arguments formerly used that for Papists to maintain the Protestant Religion was a pernicicus contradiction What is it to hold that to imprison men for their Consciences that break no Law is for the Liberty of the Subject as some Kindle-coals affirme that honest Justices were weeded out of the Commission has there been no honest men grand instruments of Liberty displaced and divested of their trust to the grief of Gods people for no other reason but because they were not Presbyterians That many as bad as Arminians are preferred and faithfull men disgraced and displaced and all this by the cunning artifice of malevolent spirits nor what the Parliament said that his Majesty by his many Declarations and Protestations for the maintenance of our Laws and Liberties intended no more but that we should have such a Religion and such Laws as his Majesties Bishops and Judges would afford us and should conceive to be best for us judge whether that be not a blinde implicite obedience to trust the Bishops with our souls what is the Law but every mans birth-right and the rule of life and therefore fhould be plain and easie that every man may knowâ— For a guide to be blinde how unreasonable is it if some men may have their desires shall we be in any better condition I shall humbly crave leave to vindicate the high Court of Parliament and the Army from some Objections lately darted against them The lightnesse of some mens follies exceeds the weight of their malice they are content to be fools rather then to acknowledge the worthy labours of that supreame Court they are such ignorants that they know not any good the Parliament hath done thiâ— many years saying that they have made our Religion worse and they do not intend to make our Laws the better No let all honest men ever blesse God for this Parliament how gladly would this Kingdome have made themselves slaves for ever had not this Parliament stood mightily for their Liberties I but say some the Parliament by imprisoning such as have been faithfull Labourers in the Vineyard for difference in opinions are undoing all that they have done and we fear things will be as bad as in the Bishops times judge not rashly there is no Ordinance yet to restrain Gods people from private meetings nor for suppressing of seperate Congregations Compare what is past with present times and 't is very much that things are no worse for former kindnesses which Parliament and City have shewed to honest people I trust the blessings of Heaven shall be upon them forever however do not for the abortion of the twentieth childe kill the nineteenth believe it this Parliament is the spring and conservatory of all our Liberties and Properties having removed old Grievances and laid the foundation for innumerable benefits and advantages to the Kingdome There are in both Houses most excellent Moses's Nehemiahs Jeremiahs and Pauls that have adventured for the people ô the infinite love of many of our finite Moses's and Worthies What had become of Israel iâ— he had forsaken his charge upon every tumult and queremony of the people What innumerable difficulties have our Worthies in Parliâ—ment surmounted Able to have daunted and stinted the most noble resolutions though the command of God lay heavy upon them â—o deliver this Kingdome and let the oppressed go free as the Discovery of America by Columbus a Genoa Merchant though a rationall man skilfull in Mathematicks might have concluded that there was a Western part of the World not discovered yet the Enterprize was so transcendent that few men would have had the courage to have attempted it though sure to succeed And though there are sufficient reasons publikely
known to the Kingdom to desire the Army not to disband by any means till publike Liberties be setled and secured yet there is not the least ground for the people in the least measure to withdraw their affections and due respects from the Parliament some Taxes indeed still but for a short war a long peace 't is not a years purchase now I hope for the absolute inheritance Now hearken ye prudent Wise-men and lovers of your Countrie that which is every Englishmans interest and businesse in this juncture of time is that the whole Kingdome as one man presently declare against a second war which is a sicknesse easily prevented but hardly cared not to suffer any forces directly or indirectly to be raised against this Army under any pretence whatsoever and in the name of God let those whom the Army shall accuse come to a fair triall and receive justice with mercy because we professe Christianity Let all Treasurers and Committee-men give a faire accompt and so receive an Euge Well done thou faithfull steward or an Apage Depart unfaithfull man and let those that have swallowed the Kingdoms treasure vomit it up again There are many that have got greatestates in the late Wars upon the ruines and spoyls of the people but as wee say proverbially They that have stolne the Kingdomes Goose the feathers will stick in their stomacks If a Town or City be on fire and every man is intreated to help now for any man to carry away his neighbours goods and to enrich himself by a generall conflagration what is this but to add affliction to the afflicted and little better then Felony Nor is it to the purpose to say I got it honestly the law of God and reason says that no man ought to get a great estate in a time of publike calamity by any profession or trade whatsoever I say under favour no man ought to increase his estate in a time of a Civill War unlesse he be a souldier if he get more then to mayntain himselfe and family the overplus must go to the State for the mayntenance of the War to get 1000 lib. per annum and to lend 500 lib. to the Parl. is but Sophisticall I know it was a high point of State policie for the greater encouragement of covetous men to allow them extraordinary gains for such moneys as should passe their hands and that some men should have offices and other places sufficient for foure or five men but I hope these men make account that they are the Kingdoms purs-bearers in the former case that I put 't is a neighbourly part to preserve his goods whose house is on fire but he ought in conscience to restore them that many poor country men that were inforced for the safety of their lives being indebted should now be undone by use money that old Usurers should thrive in a time of Warre and honest men that have ventured their lives for the Kingdome should now be made slaves to a company of greedy Usurers what a horrible shame is it A friend of mine having borrowed 100 lib. which he layd out in cattell was constreined to forsake his house and goods for the safety of his person his house plundered and his cattell driven away yet being returned home procures the 100 lib. and intreats the Creditor to remit the Interest the Usurer stormes at the motion and puts the bond in suit for the Interest meeting with him I told him he should doe very well to shew himselfe a Christian and to take his principall what tell you me of a Christian said he I have nothing to live upon but my Interest but said I your Debtor lost the Principall will not you abate the Interest or rather then fail half of it not he The Lord deliver this Kingdom from such Jews in whom there is no more mercie then milke in a male Tyger for my part I thinke their goods are to be confiscated and they ought in reason to be banished as Jews by the equity of the Statute De Iudaismo for the Jews did but lawfully rob the Kingdome in time of peace I am not against all taking of usury when the borrower gains by it But can any man imagine that if the late Oxford party had prevailed they would have suffered any of their friends to have been imprisoned for use money The bloudy Rebels in Ireland had so much mercie and wit to ordaine that no interest should be paid in time of warre the Law of God is plain for it in Nehemiah and our Historians tell us that after Civill Wars there were alwayes commissions granted to enquire who had increased their estates in a publike calamity and out of their superfluities they were enforced to relieve the necessities of poore men I am perswaded that there are 100 men about the City of London that have got enough since the Wars began to provide comfortably for all the poor people in and about London Bâ—â—e Law of Armes some professions are more specially priviledged 〈◊〉 a time of Warre then others as Priests Surgeons Husbandmen and those that keepe Vineyards and these ought not to be taken prisoners on either side because there is a necessary use for them which party soever prevailed Yet in the Civill Law I finde it adjudged that those men must not make an immoderate gain of their professions because every man is bound to regard the publike welfare more then his owne private ends therefore after the war ended the Magistrates that govern by the Civill Law in Italy and other places call these men to account and order them to restore whatever they got during the war maintenance for their Families being onely allowed them What a gallant course might there be taken for the relief of poore people in this Kingdome that there might not be a beggar amongst us But pardon this digression the thing I intend is that there are thousands and thousands that will be undone by this cruell Usury if the wisdome of Parliament do not prevent it but let us not have so much as one hard thought of the Parliament for that Court is the Liberty of the Subject wrapt up and conserved How happy are Englishmen that cannot be made miserable but by such whom they choose and elect to vote for them If they be enslaved they may thank themselves What a precious priviledge is it for this Kingdom that the Legislative power is in the Parliament and what an excellent Constitution of Government is it that the King should take an Oath at his Coronation to keep the Laws when the people make their own Laws and the King swears to keep them How free is that people and yet under coâ—rection be it spoken there are two things considerable in the Constitution of the Honourable House of Commons That every Member is not as well sworne to Vote nothing but what he believes is for the Common good and to enact good Laws as the King to
mayntain them peradventure an Oath in such a Case might do no hurt For though Father that swears to educate his Childe in good nurture and literature be no more obliged to do it then he was before yet the obligation of an Oath whet's the remembrance of that duty upon him to do it with more alacrity and resolution for his Oaths sake I know there is a strong reason to be given why it is â—â—â—dless because in true policy Interests are and better State security then oaths The Lords and Commons Vote for themselves for their own goods as well as the Kingdomes If the Kingdome suffer they suffer in their private Estates and therefore the highest point of policy that humane prudence can reach unto is this when a man cannot hurt mee but hee must hurt himselfe when he cannot pluck out one of my eyes but hee must pluck out both his own for our Parliament Worthies are Elder Brothers and have a double portion in this Kingdome In such a case I may safely trust them for which reason the King and Judges have been ever sworn but the Commons not It is much objected that they cannot administer an Oath and why so Because they do it not that 's no good Consequence they that may lawfully put the Kingdome into a martiall posture to defend their own Liberties may certainly administer an Oath if they please But there are two Reasons why it hath not been accustomed 1 A violent presumption in Law that nothing can be done in the Kingdome but the House must have notice of it for so the Law says that every private man must be presumed to take notice of every thing done in his own Hundred or County 2 For the great reverence every man is presumed to beare to that great Assembly that no man dares affirme an untruth before that Honourable Presence I am sure that Legem dare est summitas Imperii They that have the greater power must have them lesse included Nor do I lâ—ke those expressions that the Commons are the Kingdoms servants and receive wages for their service by Law Magistrates doe not so much serve the people as the good of the people and so are superiour the Members Vote as well for their own Interests they are the most considerable men of parts and qualities in the Kingdom the reason of the Kingdom resides in both Houses of Parliament to them I must submit my Interest though my judgement is not enthralled the ultimate resolution of all things not against the Laws of God and Nature which only nterpret themselves is in Parliament This principall of ultimate resolution which in setled times is joynt in the King Lords and Commons may under favour be divided in a Case of necessity without any change or destruction of the Government and without any prejudice to the mixture of the severall estates when that necessity is removed Nor do I like severall other expressions to the same purpose as that of the Potter and the Vessell that the Counties are the Fathers begetting and the Boroughs the Mothers that conceive and bring forth the Burgesses and that if Absalon rise against David it is high Treason These are truths but little to the purpose for which they are produced but many honest people are much troubled at the burning of a Petition which was lately presented to the Honourable House what greater mischief can befall a people in time of Parliament then that those which have ventured their lives for the Petition of Right should be denyed the liberty to petition truly I dare not presently censure every thing for which I do not apprehend a sufficient reason Many grains must be allowed to reasons of State so long as Governours have a generall Care and ayme to the publike good and do not of Common-wealths men become private-Wealths men nor turn the edge of that power against the people which they put into their hands certainly there is no Counsel in the world but may erre let the chiefe Incendiaries who undoubtedly mis-informed the House answer it Our Honorable Worthyes which like the heavenly bodies have been in continuall motion for the good of this Kingdome so many yeares deserve all possible veneration and he that runs all day and trips it may be once or twice being wearied with multiplicity of businesse 't is no imputation amongst wise and judicious men For as God does not judge a man by every action but the whole tenour of his life so must the people judge of great Counsels What hath the generall bent and endeavour of the Parliament been since their first convention but the safety and liberty of the people Had this Kingdom been in a way to happinesse but for this Parliament 't is true the Army hath been principall Instruments of our deliverance but who raysed this Army and put the sword into their hands If Timotheus had not been we had not had much sweet Musique instead of singing Hosannaes to the most High we might have hanged up our Harps and sung Lachrimae but if Timotheus his Master had not been we had not had Timotheus The Parliaments chiefest care hath been the safety of the Kingdom and if in the carrying on of that some of their own private good hath been too much involved and many of themselves enriched in this time of Calamity and some Votes not authentick in the Court of Heaven It is not well done in right reason it ought not so to be but this does not dissolve the Contract nor so much as loosen the knot between the Parliament and Kingdom it should only put those Worthyes upon a Rectification of what hath been irregular The husband promises faith to his wife one unkind word or action towards her does not violate his promise for civill matters of property many Errours and great Taxations are to be cheerfully tolerated and endured so long as it appears that the highest Court in any Kingdome hath a care to make good their promise to the people the greatest wisdome is to chuse the least evils which is ever to mayntain the Honours of Parliament as being the glory of this Nation the Fountain of all lawfull Liberties and the Defender of all Civill Enjoyments if the Ship be in danger throw out part of the goods to prevent a totall ruine let the Jonahs be cast out and the storm will cease when Sheba the son of Bichri was disprotected Joab and the Army made an Honourable Retreat 2 Sam. 20. I cannot but smile at some printed Pamphlets that to ingratiate themselves with some that are not the Kingdoms best friends say that the Army hath some dangerous designe just as bloudy Bonner sayd that the way to destroy the Kingdome is 〈◊〉 have the Bible in English Doth the Army demand any thing but what they first adventured for and was there any radicall errour in the beginning surely none if they should unlawfull demands may be lawfully denyed so far as the Army hath the Justice of
heaven on their sides so far they will prevail against all the world of opposers and no further what will any rationall man be afraid of him that draws his sword in his defence Put the case that I. S. and his followers travelling through a dangerous Forrest meeting with I. D. and his servants should intreat I. D. to draw his sword for all their defences who does so and meeting with such as would rob them I. D. and his friends most manfully and valiantly make good every passage by killing many till they are past the most dangerous place then sayes I. S. now pray thee I. D. put up thy sword nay says he there may be more wolves yet â—uickly start out of the wood let 's stand upon our guard till we be past all danger and discoursing they differ by the way in matters of opinion and some of I. S. party tels him that he is not fit to live in a Common wealth let him change that opinion or he must be opposed pray sayes I. D. since our way lies together let us journey lovingly let us live and blesse God that hath preserved us all sayes one of I. D. friends better our lives had not been preserved then to be saved by such dangerous fellows as you are I intend this Treatise wholy for the Readers brain in point of explication little to his affection in point of application but let no man be so grosely erroneous as to say that the Army is Anti-magistraticall and Anti-parliamentary what ayme can a House of Commons have but the common good The Parliament being intent to the true ends and noble grounds of their raising Forces and the Army wholy minding the reasons of their ingaging and both sincerely really and constantly the Parliament as the supreame Councell of the Kingdom and their Army as the servants of Justice endeavouring a speedy accomplishing of the most honourable and glorious ends viz. the just rights of the King just priviledges of the Parliament and just liberties of the subjects common safety just liberty and equitable propriety to which the Armies proceedings have a naturall tendencie and proclivity as the stone to fall downwards 't is impossible any differenc should arise Counsell is the right hand of Policy and the sword is the left which may assist and promote without any face of opposition the truth is that there are some whose private interests are contrary to the publique interest of this Kingdom they are the troublers of the pure waters that the people should not drinke they trouble and disquiet the fountain and then the streams must needs run muddy they are men of the same spirits from whence the miseries of this Kingdom did at the first flow that is obstructers of the free course of Religion and Justice and consequently the obstructers of poore Irelands reliefe But who must be Judges of the matters in agitation Truly the Parliament in all matters judiciall we must have no Judge of Scripture but it selfe that point of Popery hath cost us deare we must not light a candle to see whether it be day who knowes not that every man ought to have his own without vexatious attendance and that it is injustice to make a man spend 10 lib. to recover 5 lib. who shall judge whether those that have saved the Kingdom ought to have the liberty of subjects who knows not but that Petitioning is a way of peace and submission and that for Christians to meet in private to serve God is no breach of the peace The Lord grant that this Parliament by the help of the Army may be the setlers and the restorers of this divided Kingdome the neck-breakers of all oppressions in soules bodies and estates the repairers and relievers of poor Ireland which was formerly called the Island of Saints Another Objection is that the Armies not disbanding obstructs the reliefe and indangers the losse of dying Ireland Ah poore Ireland my soule is much troubled for thee I knew thee not long since Englands younger sister but thou art now the land of Ire but he that runs out to quench the fire in his neighbours house when his own is almost burnt I shall rather admire his zeale then commend his discretion I confesse poore Ireland is on such a flame that nothing but Gods infinite blessing upon the wisdome and endeavour of this Parliament can be able to quench it but English liberties which have been bought at so deere a rate must first be setled and secured The Army declared their resolutions to have ingaged in that service in one entire body which was not thought convenient if then the Army were hindered by any plot or contrivement from going thither not they but the hinderers are culpable of Irelands continued miseries but as the Army hath ever been observant to all the just commands and orders of Parliament so I hope that if hereafter they shall ingage in that service they will be well satisfied in point of conscience what it is that they fight for It is possible that Antichrist with his left hand may fight against his right To fight against Popery further then it is destructive of State policie to introduce a uniformity in the Protestant Religion is in my opinion little better but if it be to bring those bloud-thirsty Rebels to condigne punishment and not to spare a man that hath had his hand in bloud so far it is of God and he will own it but for those expressions which some pulpits ring of of rooting out that Nation and dashing the little childrens bones against the stones I confesse it makes my heart to tremble to thinke of it but those that will not submit to a generall Government must be destroyed Object But we feare the Army will over-awe the Parliament and Counsels not free stand but for Cyphers and that Justice it self may not be forced but timely hastned Sol. 1. The Parliament hath answered this Objection in his Majesties Case The King sayes they refuse to treat unlesse wee deliver the Sword into his hands which is to yield the question when any differences arise all things must rest as they are untill all be determined and concluded 2 Inforcements are just when just things are inforced the sword is a servant of Justice and is never better employed That which the Hollanders alledge for themselves is universally true if a Magistrate will not do justice the Laws mayn intention for justice must not be lost and King Philip not doing them justice was the Authour of all the mischiefs that hapned Rebellion is not to obey a lawfull Magistrate in a lawfull Act not contrary to the Laws of God or Nature besides which all Laws are Arbitrary by the Supreame Court of every Kingdome If the Army shall entreat any unjust things as the Sun may be in an Eclipse Never were any just Rulers destroyed by force there was a rising against David and great stirs in Edward the sixth's and Queen Elisabeths time but quickly
of the greatest trust hee that is true to his end cannot be a Traytor The War first undertaken for the defence of Laws and Liberties hath had a great influence upon Religion and pray answer me this Question if the Parliament had told you at the first that you should not expect any Liberty of Conscience in case of prevayling but that you must serve God according to the precepts of men whether you see reason for it or no would you have engaged so cordially upon a promise of freedom for your temporall estates What is all the World worth if a man enjoy not the freedom of his soul peradventure you will say that the world cannot deprive you of the liberty of your Consciences for the Saints are as free in prison to enjoy God as if they were abroad as sweet experience can testifie and the more we glorifie him by suffering for him here the more conformable are wee made to our Head and shall be glorified with him and Jesus Christ is eminently all Ordinances in himself most true but in the dark the best eyes have need of Candles We are not yet as we shall be we live upon the beams here and not the body and it derogates much from the wisdome and the love of Christ to reckon that as a shadow which he hath appointed for a standing Ordinance Religion teacheth nothing against nature piety doth not ruinate humanity but makes one man worth twenty I assure you Gods people hope that you will deliver them from the Bishops successors as well as themselves by what title soever they be called I doubt not but you have both naturall and spirituall affection to this poore Kingdom the poore Saints that are rich in faith act faith in Christ for deliverance by you they say they care not what becomes of them so as the Crown may be set upon the head of Christ and fealty and alleagance sworne unto him who is no enemy to any just governours they are perswaded that the Parliament of themselves intend no lesse and that there are very many in both Houses most cordiall servants to Jesus Christ who are even sick for the love of him that dyed for the love of them but here is the case there is a potent faction within this Kingdom men that have enriched themselves in these times of danger and calamity a base thing so to build upon the ruines of our brethren that count gain godlinesse and these consist of subtill Atheisticall and depraved Polititians on the one hand and devout superstitious rigid Zealots on the other hand who by specious pretences and plausible insinuation worke upon the candor and devotion of many honest men whose mindes are vertuously disposed to enslave this Kingdom for their own ends and this under a pretence of Gods honour service worship and uniformity and this designe so politikely carried on that the wisest men may be mistaken for he that thinks no hurt himselfe is seldome suspitious of others The chiefe Religion of these Polititians is to have no Religion in the power of it but such a forme established as is most sutable to his Grandor and they thinke it a sin to let any man live in this Kingdome who will not eat up as sugar all their Orders and Sanctions our noble Worthies in Parliament would quickly be as wholsom medicinable restoratives to heale the wounds of this Kingdom but that they like byting corrosives study to make them greater and more dangerous setting up all sails to sail withall and rowing with all manner of Oares but being discovered will I hope be abhorred by all honest men Now to restrain the malice of these ambitious men the Lord hath preserved you to this houre and me thinks I heare Iesus Christ be-speaking you in this manner Hearken yee noble Army of Martyrs in affection and resolution who carryed your lives in your hands for my sake and for morall justice wherewith I am delighted I take it as kindly from you as if you had given me your lives but keepe them I am preparing mansions for you but your worke is not yet done you must stand up for the liberties of your brethren you must stand up in the gap for me who alone trod the wine-presse of my Fathers wrath for you why have I impowred you but to purchase liberty for my people Did I preserve you from active martyrdome that you should bring your selves to passive Would not I have taken your lives as kindly from you at Nasâ—bey Bristol c. as if after disbanding you should be imprisoned and put to death for Heretiques or Schismatiques Is not my kingly government as precious to you and as well worthy fighting for as my Priestly office But if you should be disbanded before Gods people have their liberties secured I should have covered my face and onely thought that you did not so well understand the Doctrine of Christs government and domâ—nion in his Churches and amongst his Saints as the Doctrine of satisfaction by faith in him Is it not most apparent that the day of your disbanding is in probabiâ—ity the Eye of the Kingdoms ruine for does not this potent faction say they will not suffer an Independent that they cannot live but by the death of the Independent party Hath God preserved you hitherto in times of War to be insensibly destroyed in times of peace Was not your Commission to fight for Laws and Liberties whereof Conscience is the greatest hath not the Kingdom sufficiently dishonoured Religion formerly in the Bishops times but must they now under a pretence of uniformity seek the life of her Children and of Religion it self do they not ayme at the life of Religion which is the heart of God and the lives of his children which are the apple of his eye The Meâ—curialists at Court did but strike at the letter of the law in some things but these Phaetons would set all on fire and ayme at the power of Religion the very life of our Laws whose humours are so corrupt that the least scratch turns into a Gangreen For I am confident that these cruell men cannot bring one argument for themselves but what I may improve for the Popes Supremacy which was pretended to be for orders sake to avoid confusion but in reality hath been the occasion of all Tyranny But many words are not proper to an Army you have won the heart of Gods people in you is fulfilled that prophesie Esay 49. That Kings shall be your nursing Fathers Commanders persons of Eminency for what the watchfull Constable worthy Justicer reverend Judge and all other Officers of Justice do in punishing Traitors in times of peace the same in effect is done by Armies in time of War every Souldier hath been a judge to do justice and execution upon the enemy I have but this request to make to you that you hearken not to any Syren songs but be ever true to your first principles let the Honour of Parliament always be of most high account and precious esteem with you your jarring with that Supreame Court would be a pleasant melody to many that will pretend faire to you speak you fair to borrow your hands to take out the Chestnut for them that would have you crack the shell for them to eat the kernell It is reported of the Lioness or the Bear that if a whelpe dye she will roar in the Den exceedingly over the carkass or else having got some gobbets of flesh hopes by continuall clamour to put life into it some such there are that by daily exclamation against the Supream Court think to vivifie their dead Cause and to put life into a carkass that will not acquit our renowned Worthyes from the highest Crimination and yet will justifie your station by the Law of the Land I beseech you if the Parliament had no power to Commissionate you to redeem out Liberties what are you that have acted by their authority I hate dissimulation the happiness of this Kingdom will rest principally in this that all the godly though of different opinions favour and assist one another and that all honest peaceable men joyn together as one man to break the neck of all oppression and injustice Let every man contend for the Honour and Priviledges of the King and Parliament in the preservation of the Liberties and Birth-rights of the people And when the Kingdome is happily setled let us say that God hath done all yet honour them whom he hath honour'd The End