to a late President and practice amongst themselves in a like caâ—e judged meet to impose upon themselves for the discovery of such of their Members who in their sence of meetnesse were not meet to sit amongst them or to have any part in the great transactions of the Kingdom Not long before they had ordered the taking of the Covenant for a Test or touch-stone whereby to make triall of the fitnesse and unfitnesse according to the Notion of fitnesse in this kind which then ruled in the House of their Members to sit in the House By means of this Test imposed sundry of their Members whose Judgements and Consciences stood against taking of the Covenant were debarred from sitting and came not to the house The same Parliament though not consisting of all the same Members judged it meet to make now another Test for the same end with the former viz. a subscription to a Vote formerly passed by them whereunto the Members Mr. Geree speaks of refusing to subscribe fell from their capacity of sitting in the House So that the Army had no hand at all in the Continuation of their restraint or absence from the House but it was occâ—sioned by a known and regular practice of the house it self 3. And lastly whereas he further saith that they frighted a Major part out of the house debarring them liberty c. it is onely one of his presumptions no part of his knowledge For doubtlesse the Parliament it self had as much reason to know the truth hereof as M r. Geree and yet in their answer of Feb. 17. 1648. to the Scotish Commissioners who pretended as M r. Geree doth that the excluding of some Members by the Army had occasioned many others to withdraw because they could not act as a free Parliament to this pretence they answer thus Whether this be their Judgement or the Commissioners own WE KNOW NOT if some Members that are absent be of that judgement that they cannot act freely we neither force their Judgements nor find our selves under any such force as to hinder the free exercise of our own So that evident it is that M r. Geree in all his preparatories to the right stating of the Question between him and me scarce speaketh one word of truth Is it then any wayes like that he should argue work-man-like to the point in controversie But 2. As to or rather from the right stating of the Question Sect. 8. he supposeth and asserts many things wherein he spares the Truth so he suppresseth some things the knowledge and consideration whereof are Essentiall thereunto As first that the Parliament had unanimously both Lords and Commons not long before the unhappy and importune ingagement of some of the Members about the said Treaty at the Isle of Wight voted no more addresses to the King 2. That their votes were made upon such and so many Reasons of great wâ—ight and high concernment for the good of the people that to the least of them these men never gave any answer as the Parliament it self declareth in their mentioned Declaration of Jan. 15. 1648. p. 10. 3. That the Members excluded the House by the Army at least the leading men of them who had now by their Artiâ—ices of all sorts infected many of their fellow-Members formerly sound had made a defection from the Interest of the Kingdom and people unto the King his Interest and Partie and had by a long continued series of Councels actions and endeavours sufficiently discovered the same the particulars of which story are extâ—â—â— in the Parliaments Declaration of Jan. 15. 1648. p. 7. 8 c. 4. And lastly that the very Tenure of the Commission which the Armie received from the Parliament did principally and particularly oblige them as well as enable them to endeavour in their way i. by force of Arms the Peace and safety of the Kingdom especially against the King and his adherents The ingrediencie of these circumstances in the state of the Question will quite alter the relish and tast which M r Geree hath given it And the truth is that the Declaration of the Parliament so oft mentioned is alone a sufficient Confutation of all that he hath said to the main of the Question between him and me as I signifyed in part unto himself by a Letter wherein I gave him thanks for the Book he sent me with a Letter and withall imparted this apprehension of mine unto him that if he had seen and well considered the said Declaration before the publishing of his Book he would have forborn it which himself in a second Letter written unto me in Answer to mine doth not very strongly gainsay Whereas p. 6. he opposeth this round Confession as he Sect. 9. tearms it of the Armie that the restraining of the Members was a course in it self irregular and unjustifiable but by honest intentions and extraordinary necessity as contradicting 1. that assertion of mine that their calling and Commission was to Act in the capacity of Souldiers for the peace libertie and safety of the Kingdom 2. that saying also of mine unto them in my epistle viz. that I doubt not but they were satisfied in the Righteousnesse of their actions from Heaven before they were in being I wonder wherein he should conceive the least opposition between either of these passages of mine and that of the Armie Do I in either of these expressions or any where else throughout my discourse go about to justifie that so much controverted act of the Armie without the supposall both of honest intentions and an extraordinary necessâ—tie Indeed I plead the purport of their calling and Commission as qualifying them before other men to Act besides the the common and standing rule in times of Peace for the safety of the Kingdom when any extraordinary necessity cals for such actings but it was as far from my thoughts as M r Gerees own to justifie the Armie in that they did simply and solely upon the ground of their calling or Commission or out of the case of such a necessity as the Armie it self mentions But M r Geree it seems pleased himself much in finding out supposed buls as himself cals them p. 27 where likewise he practiseth the same Art of jumbling fair and clear consistencies into obscure contradictions But to trace him in these Methods of vanity would take more in time then yield in edification For he is again making sport for himself with the same feather p. 28. What he argues about Oaths Protestations Covenants c. hath been abundantly answered in the former discourse What he discourseth p. 4. and in the former part of p. 5. concerning Christs intent in that saying that the Sabbath was made for man and not c. both untruly and irrelatively to the businesse in hand he retracts upon the matter a little after the midst of p. 5. in these words If there be any case wherein necessity amounts to a calling it must be where that necessity
consequence that the people formerly judged it meet to constrain him by an oath at his Coronation to exhibit it So that the Interest of declaring Laws resides wholly in the people But 2 Where there is no opportunity for the interposure of Sect. 32 other Judges the Law of nature and of nations alloweth every man tâ— judge in his own case When a man is encountred upon the way by a thief who demands his money and in case of refusall threatens and assaults his person this man is allowed by all Laws whatsoever that yet I have heard of but injoyneâ— by the Law of nature to become both a witnesse and a Judge yea and executioner too if he knows himself able in his own case as 1. to say unto himself this man assaulteth me and 2. to sentence him as worthy of blows yea of death it self for so doing if he refuseth to desist from his attempt yea and 3. in case of non-desistance to execute this sentence upon him if he be able by sâ—aying him When Hanun the King of the Ammonites by the counsel of his Princes abused 〈…〉 David in his messengers David took upon him and that without the violation of any Law to be Judge in his own case and committed the execution of the sentence which he awarded therein unto the sword of Joab and of the men of war with him So that when Kings turn Tyrants over their people the people themselves are competent Judges though they be parties and the case their own because they are not in a capacitie of making an application or addresse unto any other Judge for redresse of their wrongs Even as the late King took upon him to be Judge in his own case when he sentenced all those who served in the Wars on the Parliaments side against him for Rebels and Traitours and commanded execution accordingly But whether in such cases as those lately specified where no recourse can be had to other judges or in what cases soever men do not sin simply by making themselves judges in their own case for who is there but in any case relating to him undertakes to judge what of right belongs unto him But 1. in judging partially or unrighteously in their own behalf 2. In not suffering their own judgement to be over-ruled by the better sentence of a competent Judge 3. In not abiding with patience by the sentence or award of a Judge or Judges lawfully constituted and deputed for the cognisance of their cause upon a pretence or supposal of in-justice in it Thus then it is as clear as the sun that the topique Authoritie of this saying Par in parem non habet potestatem reflects nothing but peace upon the Sentence passed upon the KING Yea but say some we cannot approve the said sentence as Sect. 33 just in respect of those who awarded it The Parliament by whose Authority the High Court of Justice was erected were no legitimate or true Parliament or Representative of the people nor in a capacity of acting in a Parliamentary way a considerable part of their members being deteined from them by force and those remaining being under force To this I answer 1. The absence of twice so many members as were deteined from the house by force doth not at all maim the legitimacie or truth of a Parliament nor disable the legal Authoritie of it in respect of any Parliamentary end or purpose whatsoever fourtie sitting in the House being legally invested with the same power for all publick transactions which four hundred or the whole number of them could have in case they were present 2. The deteinment of some of their members from them by force doth not alter the case in respect of nulling the Authoritie or Parliamentarie power of those who did sâ—t especially they not consenting or being accessarie to such their deteinment Suppose some of their Members imployed by them in carrying Messages or Petitions to the King during the time of the Wars had been forcibly deteined by him would such a restraint laid upon them by the King have dissolved the Parliamentarie Authoritie of the House If it be said Yea but the Members who met and sat in the Sect. 34 House during the deteinment of their fellow-Members did unworthily in not demanding these fellow-Members of theirs out of the hands of those who deteined them or in case of being denied in this kind in not refusing to act in a Parliamentarie way any further untill they had been re-delivered unto them To this I answer 1. It doth not all relate to the point in hand whether the Members remaining in the House during the restraint of the other behaved themselves worthily and as became them in all points though I have nothing to charge them with to the conâ—rarie but whether they were a legal Parliament legal I mean in such a sence which imports a sufficient investiture or qualification according to the Laws of the Land with Authoritie or rightfulnesse of power to perform such acts which are lawfull onely for Parliaments to perform That they were not a legal Parliament in this sence hath not yet been proved nor I believe ever will I have heard nothing I know nothing so much as to colour or pretence such a supposall 2 They did demand the restitution of their deteined Members once and again But to infer from their being denied in this their demand or from the non-restitution of their Members especially receiving a satisfactoâ—â—e account from those who deteined them why they could not restore them that therefore it had been their dutie to have suspended all Parliamentarie proceedings considering in what a trembling and distracted posture the great affairs of the Kingdom then stood what is it but to make the miserie ruin and destruction of the people the duty of those who were intrusted with the procurement of their peace and safety But 3. Whereas the main Objection pretends that the Parliament â—ect 35 or Members remaining who voted the Erection of the High Court of Justice were at the time of this transaction and ever since under force unlesse the Objectours will pretend to know more in this point than these Members themselves they must acknowledge vanity and falshood in such a pretence For these in their late Declaration of Febr. 17. 1648. published by way of Answer to two letters sent unto them by the Scottish Commissioners plainly deny it For the said Commissioners in one of their letters pretending that the exclusion of some of the Members of the house by the Souldiery had occasioned many others to withdraw because they could not act as a free Parliament they repone to them these words pag. 15. of the said Declaration whether this be their judgement or the Commissioners own we know not if some Members that are absent be of that judgement that they cannot act freely we neither force their judgements NOR FIND OUR SELVâ—S UNDER ANY SUCH FORCE AS TO HINDER THE FREE EXERCISE
Honour of the Sentence against the late King are no wayes impaâ—rablâ— bâ— any such supposition as this be it true or be it false that the present Parliament neither is nor was at the time when the said Sentence was passed a compleatly-legall Parliament There being no Authority in the land Superiour to it at least which was either willing or likely to have brought that Grand Delinquent to condigâ— punishment the right of power yea the necessity of the duty to effect it devolved in course upon them But amongst all the pleas pretexts and pretences levied by Sect. 48 the Ministers of London against the Justice of the said Sentence that wherewith they arm themselves out of the magazine of the Covenant is most importune empty and sencelesse and hath been grownd to powder ten times over by the weight of those counter-reasonings which have fallen from many pens upon it But their Covenant their solemn League and Covenant is their Cornu-copia or Amalthean horn out of which they furnish themselves withall things necessary for the sustenance and support of the Presbyterian cause when it faints and is in want They make both Sea and Land of their Covenant to supply them either with fish or flesh It is not onely a Gladius Delpâ—icus in their hand a sword wherewith they can strike both wayes but a Gladius Versatilis a sword which they can turn every way to guard the entrance into their Paradiâ—e 〈…〉 pâ—g â—â— against all asâ—ailants whatsoever By virtue of their Covenant they claim and exerciâ—e Nâ—buchadnezzars prerogative whom they will tâ—ey slay and whom they will they keep alive whom they will they set up and whom tâ—ey will they put down * 〈…〉 and all this out of a conscientious observation of their solemn League and Covenant As they go to work in justifying of themselves and condemning others in reference to the Covenant they represent it as a Covenant unpossible for them to break and as unpossible for other men to keep For let them act in never so diametrall and keen an opposition to the greatest and deepest ingagements of this Covenant let them seek by all the means they can imagine to diminish his Majesties just Power and Greatnesse let them fire the whole Kingdom about his ears whilst Presbytery is like to have no portion in him let them tread and trample upon the Rights and Priviledges of Parliament like clay and mire in the streets by abetting countenancing incouraging the sons of Bâ—lial in their affronting threatening â—â—rcing the House let them in stead of discovering with all faithfulnesse all Incendiaries Malignants evil Instruments in order to the bringing of them to publick triall and that they may receive condign punishment as the degree of their offences shall require or deserve c. which the Covenant imposeth upon all others who take it but let them I say instead of all this joyn hand in hand comply comport consociate themselves with Incendiarâ—es Malignants and the worst of instruments make Defection to the contrarie party and this in the sight of the Sun yea and oppose with all their might and interest in the people the bringing of such men to â—ublick triall and their receiving of coâ—dign â—unishment and crie out against such who out of Conscience of their Covenant faithfullâ— endeavour to do either as Covenant-breakers perjured unjust bloudy murtherers c. yet they in all these most impudent shamelesse and broad-fac'd violations and prophanations of their Covenant must have the honour and repute of the most intemerate chast and superlatively-conscientious Observers and Assertours of it On the other hand they who have been and are as carefull as strict as unblameable as dwellers in houses of clay lightly could be in performing all and every the Articles in this Covenant so far as would stand with the main end and intent of it which indeed interprete Conscientiâ Conscience being the Interpreter is the Covenant that is who have endeavoured both the Preseâ—vatiâ—n and the Reformation of Religion expressed in the first Article who have in like manner endeavoured the â—xtiâ—pation mentioned in the second who have also endeavoured both the Preservations the one of the Rights and Priviledges of Parliament the other of His Majestiâ—s person and Authority with and according to the limitations and conditions specified in the third Article who again have no lesse endeavoured that discovâ—ry that bringing to pubâ—ick triall and condign punishâ—ent which the fourth Article requireth yet again who have after the same manner endeavoured that firm peace and union demanded in the fifth Article and lastly who have conscientioâ—sly exhibited that assistance and defence which the siâ—t and last Article requireth such men I say who have thâ—s regularlâ— and with all faithfullnesse walked according to all the ingagements of the Covenant onely and meerly because no worshippers of their Diana are by these Ministers paradigmatized reproched and traduced as the most perjured Covenant-breakers under heaven Never doubtlesse was there any pearl â—o mudled and padleâ— in the dirt with the feet of swine never any holy thinâ— so desperatly polluted and profanâ—d as the Covenant we speak of hath been and is yet daily bâ— this generation of men But let us joyn issue with them more closely in debating that Sect. 50 clause in the Covenant wherein they so importunely trust to render the proceedings of the Parliament against the King as against the Covenant also Herein say they we have covenanted that we will sincerely really and constantly c. endeavour to preserve and defend the Kings Majesties Person and Authority in the preservâ—tion and defence of true Religion and liberties of the Kingdom Where 1. It is very observeable how like unto the Scribes and Pharisees of old as our Saviour himself deciphereth them they title the mâ—â—t anise and cummin of the Covenant not onely with passing over but with rising up against the weighty matters of the Covenant as judgement and mercie If there be or was any thing lesse considerable than other in the Covenant I mean of looser connexion with the main end of the Covenant which I presume to be the peace and happinesse of the three Kingdoms doubtlesse it was the Preservation of that Person and Authority which these men insist upon in opposition to that great Article of the Covenant which calleth for justice and judgement bringing to publick triall and condign punishment all Incendiaries Malignants evil Instruments c. as likewise in opposition to that weighty clause wherein the said Covenant bindeth us to endeavour with our estates and lives to preserve the liberties of the Kingdoms For who knoweth not but that the peace and happinesse of the Kingdoms may very possibly subsist as they have subsisted heretofore without that person or his personall Authority whose preservation these men urge with so much importunity from the Covenant both against that Justice and Judgement to the Execution whereof upon delinquents the Covenant bindeth as also against
done by the Parliament which his constant Judgement was could not be done without sin If so he hath no part or fellowship in that blessednesse which the Apostle pronounceth over him that condemneth not himself in what â—â— alloweth * Rom. 14 â—â— Or did the wind of this mans Judgement blow to the same point of the compasse at which it stands both in the Representation and Vindication when a few pages after in the same Sermon he dogmatized thus Men who lie under the guilt of much innocent bloud are not meet persons to be at peace with till all the guilt of bloud be expiated and avenged either by the sword of the Law or by the Law of the sword else a Peace can neither be safe or just Though I do not find any great store of good sence in this period which seemes to suppose that a Peace can neither â—e safe or just with a person guilty of much innocent bloud untill he be dead yet the Authour clearly supposeth â— That the King lay under the guilt of much innocent bloud 2. that such guilt ought to be expiated and avenged by the sword either of the Magistrate or the Souldier His meaning cannot be that the guilt contracted by and which lay upon the King should be expiated or avenged upon the person of another man though this seemes to bâ— Mâ— Gerees Divinitie * Might oveâ—â—oming Right paâ— â—â— c. because the Peace now endeavoured by Treaty was to have been made and concluded chiefly with the King If then M r. Love be so infected with the dangerous Errour of â—uto-catacritisme I fear there are very many of his fellow-Subscribers in the same Condemnation with him For it is well known and commonly talked that the Sons of high Presbytery have still in matters of opinion relating to their Interest but one Judgement amongst them which serves them all and which they weather as Mariners do their sailâ— upon all occasions according to the shiftings of the wind The latter of the two home-Authours mentioned is Mâ— William Sect. 70 Prynne who though no Divine by profession yet a Protestant yea and a Divine too both by competency of faculty and super-frequencie of ingagement since the sitting of this present Parliament hath written and published a large volume intituled The Soveraign power of Parliaments and Kingdoms wherein if the frontispiece be not too high for the edifice the Superiority of our own and mâ—st other forreign Parliaments States Kingdoms Magistrates Colleâ—tively conâ—idered over and above their lawfull Emperours Kings Princes is abundantly evinced confirmed by prâ—gnant Reâ—sons Resolutions Precedents Histories Authorites of all sorts the contrary refelled And all Objections Calumnies of the King his Councel Royalists Malâ—gnants Delinquents Papists against this present Parliaments proceedings pretended to be exceeding derogatorie to the Kings Supremacy and Subjects libertie satisfactorily answered refuâ—ed dissâ—pated in all particulars This book all circumstances considered as 1. the subject matter of it 2. the Author of it a man of â—minent learning and great Mecenas to the Prâ—â—byterian cause 3. the largenesse and comprehensive fulnesse of the discourse 4. the tiâ—e wherein it had been â—xtant and every where to â—e had when the Ministers subscribed their Representation and Vindication being four or five years at the least 5. the Grand and pressing occasion which of later times lay upon all conscientious men and more especially upon them themselves in regard of their solemn undertakings to Stigmatize as they have done the proceedings against the King to inquire into the argument for satisfaction all these circumstances I say with some others of like nature duly considered is it possible to imagine that the Ministers had not seen this book or at least known or heard of the judgement of the Authour therein about that great question concerning the power of Parliaments over Kings so largely there debated when they subscribed both the said Subscriptions If they had done either the one or the other how shall not their consciences sweat blood for affirming that it hath alwaies been the constant judgement and Doctrine of Protestant Divines that Kings ought not to suffer from the sword of justice for any perpetrations or crimes whatsoever For unlesse this be their meaning in their stingling and aspersive language wherein they professe that they disclaim detest abhor the wicked and bloudy Tenets and Practises of Jâ—suits and the murthering of Kings by any though under the most specious and colourable pretences they do but baffle their simple Reader speaking nothing at all to the businesse in issue For who or which of those to whom they addresse in the Representation do not with as much clearnesse and simplicity of spirit as themselves disclaim detest and abhor the wicked and bloudy Tenets and Practises of Jâ—suits and the murthering of Kings though under the most specious and colourable pretences if Representation pag. 11. they mean nothing more than what they say in these expressions and I wonder upon what account men pretending to such proximity unto the Heavens in sanctity and integrity as they should assume that to themselves as somewhat emphatically excellent and singular which is nothing but what is found in all men without exception unlesse it be that congregation of the first-born of Satan the Jesuites and their Proselytes But as commonly it fareth with trades-men that are much behind-hand with the world and declining in their estates they buy dear and sel cheap and make all bargains to losse and disadvantage till they fail and sink right down so these men having overthrown their estates in honour and repute with men by stretching themselves beyond their line and over-dealing both their wisdom and their worth are now from time to time after a â—ort necessitated to disadvantagious tranâ—actions and such which will I fear in short time lay all their grandure and high looks in the dust Whereas some pretend an irregularity in the Sentence passed Sect. 71 upon the King through a defect of President or example I answer this is the lightesâ— and loosest of all pleas that are commonly made in the case For 1. An example is no Rule God made Rules before that men yea or himself made examples Nor doth he necessarily break a rule who acts or works without a pattern or example Bezalâ—â—l and Aâ—oliaâ— wrought curious work for the tabernacle and yet had no patterns of what they wrought before them When Moses smote â—he Egyptian who wronged the Israelite that he died he had no precedent action of like nature to warrant or justifie his action yet was it neverthelesse justifiable Nor did Jâ—â—ojada the Priest who caused Athaliaâ— to be slaiâ— act under the Protection of any Parallel Instances of this kind are without number 2. As in descents of families it is a thing frequent and Sect. 72 commendable for those who succeed in the inheritance to adde to the demesnes with honourable industrie and thrift and to transmit the
for him whom they had chosen in his room By the way he here bids us note that the right of electing whom they please is by the impartial testimony of an Emperour in the people for said he a just Prince ought to be prefered before an unjust and the end of Government before the Prerogative And to prove that some of our own Monarchs have acknowledged that their high Office exempted them not from punishment they had the sword of Saint Edward born before them by an Officer called Earle of the Palace evâ—n at the time of their highest pomp and solemnity to mind them saith Matthew Paris the best of our Historians that if they erred the sword had power to restrain them The fact of Eâ—ud in killing Eglon and so of Jehu in slaying Jehoram the said Authour reconcileth with rules for standing practice with much more to this purpose which I leave to the Readers peruâ—al in the discourse it self In another discourse lately published we have this President Sect. 77 recorded Brutus Generall of the Souldiers Lucrâ—tius Emperour of the city of Rome assembled the people against Tarquinius Superlus and by their Authority thrust him from his Royall Throne his goods were confiscated and if Tarquinius had been apprehended undoubtedly he should have been according to the publick Laws corporally punished * 〈…〉 p â—4 The same Authour subjoyneth that Christiern lost the Crown of Denmark Henry that of Sweden Mary Stuart King Charls his Grand-mother that of Scotland and Edward the second that of England for the same misgovernment as our late King lost his Crown and head The Parliament in their late Declaration mention this last President of Edward the second and Peter Martyr concerning that of Christiern King of Denmark writeth thus In our daies the Daues dâ—posâ—d their King and kept him prisoner a long time * where also he adds out of Polâ—dore Virgil that the English 〈…〉 P. Mâ—â—â— â—â— â—ud â— â—◠〈◊〉 have sometimes compelled their Kings to give an account of their money or treasure ill disposed of M r Prynne in his Appendix to the fourth part of the Sovereign power of Parliaments and Kingdoms undertakes in the front of this Lucubration and in the body of it performed the undertaking vâ—ry laudably to manifâ—st by sundry Histories and forraign Authorities that in the ancient Kingdome of Rome the Roman Grâ—ek German Empires the old the peresent Grecian Indian Aegyptian French Spanish Gothish Italian Hungarian Poloâ—ian Bohemian Danish Swedish Scottish with other forrein Kingdoms â—ea in the Kingdoms of Judah and Israel and other Gentile Royalties mentioned in Scriptuâ—e the Supreme Sovereign power resided not in the Emperours or Kings themselves but in the whole Kingdom Senate Parliament State People who had not onely Authority to restrain râ—sist yea call their Emperous and kings to account but likewise when they saw just cause to censure suspend deprive them for their Tyranny vices misgovernment and sometimes CAPITALLY TO PROCEED AGAINST THEM with a brief answer to the contrary objections c. Afterwards in pursuit of this his notable ingagement out of Georgius Obrecâ—us a publick Professour of Law and Advocate to the City of Strasburg he furnisheth us with these Presidents besides that of Tarquinius devested of his kingdom by the people under the conduct of Brutus Lucretius the Roman Senate judged Nero an enemy of the Republick condemned him to the Gallows punished Vitellius with death ignominiously mutilated and dragg'd through the Citie and spoiled Maximinus of the Empire setting up Albinus in his place Thus the French by Authority of a publique Councel thorough the care of the Officers of the Realm deprived Childerick the first Sigebert Theordoric and Childerick the third of the Government In the same manner * M 〈…〉 â—f 〈◊〉 â—nâ— Kingdom Aâ—pend p. â—â—â— saith the same Authour from Junius Brutuâ— we read Adolpâ—us deprived of the German Empire An. 1296. because corrupted with money he had made War with France in favour of the English Wenceslaus A 1400. Although these may be called not so well evil as lesse good Princes Thus in the Realm of England Edward the second for his Tyrannic to his Subjects especially the Nobles whom he destroyed without hearing their cause was at his Queens request adjudged unworthy of his Crown by the Parliament Not long since Christierne in Denmark Ericus in Sweden Queen Mary very lately in Scotland were deprived which Histories worthy credit testifie hath been frequently done in the Kidgdom of England Hungaria Spain Portugall Bohemia and the rest Thus far M r Prynne in Precedents of Kings and Emperours deposed and punished with death to which you may please to add what he relates out of Sozomen and Nicephorus concerning the death of Julian by one of his Souldiers and the fact of the Christians at Antioch upon it together with his Annotation upon both as they were formerly presented Sect. 67. of this discourse beyond whom no man that I know hath travailed with his pen in asserting the Legality of such proceedings against them He that will please to read the Historie of the Reformation of the Realm of Scotland by M John Knox shal find many like Presidents cited and argued from the Scriptures themselves So that the Parliament of England in their Judiciary processe against the late king did not walk alone in an untrodden path but in an high-way occupied upon like occasion by all the chief Nations of Europe yea by the once onely Heaven-beloved Nation of the World The premises from first to last considered that Doctrine Sect. 78. which Prerogativeth kings above the stroke of human justice upon the account of their being unaccountable unto men for whatsoever they do which the Parliament taketh notice in their Declaration of March 17. 1648. pag. 13. to have been the late kings Assertion appears to be very extravagant and and Eccentricall to all principles both of Reason and Religion Such an unaccountable Officer as the said Declaration well expresseth it were a strange monster to be permitted by man-kind For if the main ground of erecting publick Administrations of justice and Courts of humane judicature in all Polities and States whatsoever be both in Reason and Religion to secure and protect those who live justly and peaceably against the violence and injustice of oppressours and unjust men it must needs be contrary unto both to exempt such persons from the jurisdiction of these Court and Administrations who have alwayes the greatest opportunities and temptations and for the most part the strongest bent of disposition and will to practice such unrighteousnesse and oppression Put case a man hath received several wounds in fight amongst which there is one more dangerous and threatening life than all the rest would it not be a soloâ—cisme in reason for this man with all diligence and care to send for the skilfullest Chirurgion he can get and when he is come to limit him in his applications to the wounds
things which truth opposeth 2. He suppresseth some things which the right stating of the Question calleth upon him to expresse First he supposeth a discontent not onely in but of the Nation for the sad Condition of the King It is somewhat hard to be believed that a Nation should be so super-eminently Christian and pious as to be in sorrow or discontent that the greatest enemy which they ever had from whom they have suffered more miseries and extremitie than from any other hand whatsoever should be in such a condition wherein they need not fear more miserie or mischief from him And besides that sad Condition of the King of which Mâ— Geree speaks was the prize for which the Nation for seven years together had run through fire and bloud and is it like that they should be in discontent for their successe in obtaining it The Discontent of the Nation was for the unsetled and dilatorie proceedings of their Trustees in Parliament as then the Constitution of the House was wherein they saw no ground of hope of any setlement either of the Government or distracted affairs of the Kingdom The reduction of the King to his Regal Interest and Throne was the desire of the Nation but onely 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the proverb is and under the Notion of a lesser evil of the two I mean than their languishing in miserie and despair under such a Parliament from which they saw at least as they supposed certain ruin and destruction coming towards them like an armed man Secondly he supposeth that the Demands of the Parliament in the last Treatie with the King at Newport were the sum of all that had been formerly demanded in any other treaties or proposals or â—ad been held forth in their Declarations The notoâ—ious untruth whereof as many wise and good men then resented so may any man whosoever that hath leasure and opportunity to compare the one with the other clearly enough understand Thirdly he supposeth that the Parliament from the beginning thought the Concession and Confirmation of such Priviledges as they demanded of him in the said last Treaty conducible surely he means sufficient or else he speaks at a very low rate to render this people free and happy I must borrow some such Faith as M r. Geree it seems had to beleeve this also Certain I am that the Parliament it self much better able to judge of the conduciblenesse of these proposals to the ends mentioned then M r. Geree expresse a far different sence of them These Members say they in their Declaration of Jan. 12. 1648. speaking of those very men about whom the present contest is between M r. Geree and me did notwithstanding proceed to make such Propositions to the King at the Isle of wight for a safe and well grounded peace as if they had been granted and kept of which there was no probability would but have returned the people again to their former slavery forasmuch as by these Propositions neither this Parliament nor any succeeding one was put into a capacitie of ever being able to make any good Laws the King being still suffered to continue his Negative Vote so long opposed and so strongly voted and declared against by this Parliament c. So that these two supposals of M r. Geree last mentioned are stigmatically false Fourthly he supposeth that the Major part of the House of Commons were so far from being forced to it the said Treatie by Petitions that neither the impetuousnesse of Petiâ—ions from people nor fear of Souldiers Pistols could make them relinquish it Hear what the Parliament it self also speaketh in opposition unto this in their said Declaration pag. 9. We had long since by Gods assistance happily effected the Settlement of the Government had not a Malignant party amongst the Sea-men the like in the Counties of Essex Surrey Sussex and the Citie of London many of which have since been in actual arms against us by their PRESSING AND URGENT PETITIONING of the Parliament for a Personal Treaty with the King at London and to disband the Army thereby diverted and frustrated our earnest and hearty desires c. with much more to this purpose Fifthly M r. Geree supposeth in order still to the right stating of the Question that the Parliament men against whom I for whom he contendeth were satisfied in their Consciences that the Treaty with the King which they were now upon was the fairest justest and most probable way to promote and settle the peace and weal of a distressed Kingdom The Parliament as we lately heard judged the quite contrary as viz. 1. That there was no probability that the proposals in that Treaty made by the Parliament if granted would ever have been kept or observed either by himself or any of his party 2. That should they have been kept they would but have returned the people again to their former slavery 3. Concerning the defection of those Members of theirs whom M r. Geree presents as men acted onely by their Consciences in these their Applications to the King they declare thus pag. 7. of the said Declaration Yet here again we were encountered with unexpected difficulties by the APPARANT DEFECTION of some of our own Members who not regarding the glory of God NOR GOOD OF THE COMMON-WEALTH but being carried away WITH BASE AVARICE AND WICKED AMBITION these are M r. Gerees Conscientious men did labour the bringing in of the King again with all his faults without the least Repentance c. Sixthly M r. Geree upon the account a foresaid supposeth that the said Treaty was prosecuted till it was very near an happy Conclusion With what heifer did the man plough or with what oracle did he consult to prognosticate happinesse in such a Conclusion wherein had it taken place so many men of a far better inspiration than he to judge between the likelyhood and unlikelyhood of politicall events saw no probability of good unto the Nation but a plain ground laid for bringing the people back again into their Egyptian slavery Seventhly Mr. Geree supposeth and asserteth as before that the Army over and above those four Members and more which he saith pag. 3. they took into safe custody violently kept and frighted a Major part out of the house debarring them liberty of sitting and voting there But 1. whether Mr. Gerees Arithmetique be orthodox or no which counteth the Members taken into custody by the Army to be above fourty I shall content my self with doubting and not determine But 2. Whereas he addeth that they violently kept any more than these out of the house I suppose that had Mr. Geree been put upon the proof of this his proofs would have been much more modest than his Conclusion The far greater part of the Members sequestred by the Army were not detained or restrained by them from sitting again in the House but by their own voluntary refusal to submit unto such a Test which the Parliament then in being according
the Religion that they professe and after the pattern of the wisest and best Professours of it they are sober c. The Parliament men in according with the King upon his Concessions walk suteable to the Religion they professe and follow the patterns of the wisest and best Professours of it Ergò But here also M r. Geree assumes that which was not lawfull for him to do For the Parliament men he speaks of did not in according with the King upon his Concessions walk as he pretends either in the one respect or the other For 1. It is no wayes suteable to the Religion which these men professe either to walk in manifest opposition to the Laws of God or to recede from especially to turâ— head upon such religious Ingagements which they might very well have discharged without any touch or tincture of sin Nor 2. did they in their said accord with the King follow the Patterns of the wisest and best Professours of their Religion For amongst the wisâ—st and best Professours of this Religion obedience to the Laws of God is both taught and practiced and so likewise is the observance of Religious ingagements when it may be exhibited without sin M r. Gerees proof of his Proposition from Junius Brutus passeth by on the other side and scarce looks so much â—s towards it The passage he cites speaks not of Princes that hâ—ve murthered their Subjects and are like being admitted to terms of peace to murther them sâ—ill nor of Subjects who have ingaged themselves by many Religious bands unto such things which are utterly inconsistent with such an admission of their Prince to peace as he speaks of And I beleeve that neither Juniâ—â— Brutâ—â— nor any other Protestant Authour can parallell the case between the late King of England and his Subjects no not in such circumstances which are of greatest moment and weight to fram a resolutioâ— upon Therefore M r. Geree hath not yet recovered hiâ— friends out of that politicall phrensie in respect whereof the Act of the Army in restraining them is justifiable His fourth and last Argument managed in their Deâ—ence iâ— Sect. 22 this Those whose work aâ—d trust is to provide for the Honour safety peace and prosperity of a Nation who proceed in the most probable way to promote the honour safety peace and prosperity of that Nation they are sober in their wits true to trust But such was the work and trust of the restrained Members they took the most probable way to promote all these Ergo. I answer by denying yea and more than denying the Minor The restrained Members in their closure with the King upon the terms so oft mentioned were so far from proceeding in the mâ—st probable way to promote the â—onour safety c. that the course they steered herein was highly menacing the honour â—afety and peace of the Kingdom yea according to the most pregnant symptomes of a probability likely to have fild the land with all the bitter and dismall fruits of enraged Tyranny For 1. The King was an old and known Practitioner in pretences and shifts to evade any obligation whatsoever lying upon him whether by promise compact or oath in order to the promotion of his tyrannicall ends yea though he were in never so clear and absolute a capacity for ingagement when he did ingage himself in any of these kinds I shall not need to instance particulars he never pawnd but he forfeited fides quoties facta toties fracta Hiâ— wont was in his greatest injoyment of freedom and power to spread promises as snares in the way of his people to take and to destroy them Now tâ—e by-past actions of men as I say and prove more at large in my Right and might well met * Pâ—g 19. â—0 c. especially practised in an uniform tenour for any considerable space of time are propheticall of what their future â—ctions are like to be Neither doth M r. Geree tender so much as a first-fruits of the least or lightest probability that the King had he been re-advanced unto his power upon his Concessions would not upon the first opportunity have taken and cast them behind his back as he had from time to time served his promises formerly In respect of this known â—edifragous disposition and Gâ—nius of the King the Parliament plainly say concerning his Concessions that there waâ— no prâ—bability that they would be kept * Dâ—â—lâ—â— oâ— Jâ—n 15. â—â—â—â— pag. 10. Nay 2. there was so much the 〈◊〉 â—â—obability that the Sect. 23 King for standing by these Concessions would have receded from his former practise of promise-breaking by how much the more plausible a pretext he had for â—â—â— deâ—â—rting them above what he was ever accommodated with before for the violation of any other promise made by him All his former iâ—gagements were taken up by him whilst his person was infulnesse of â—onour liberty and power whereas these Concessions were drawn from him upon an advantage taken from his low condition being now in a kind of durance and under the power of the Parliament In which respect whatsoever he should grant or â—ield unto upon such terms would seem raâ—â—â—r eâ—torted and wrâ—ng fâ—om him by the iron hand of necesâ—ity and fear than be looked upon as the genuine and free â—cts of his will and conâ—equently a recesse from them mâ—st needs have been very easie of digestion unto him who had so familiaâ—ly accustomed himself to eat words of a far worse and moâ—e diâ—ficult concoction Upon this ground the Parliament it self looks no otherwise upon those Concessions of his which Mâ— Geâ—ee and Mâ— Prynnâ— so much magniâ—ie than as words intended by him onely for his accommodation not obligation Neither can we believe say they that any agreement we could have made with the King in the Isle of Wight in the condition he was then in would ever have been obâ—erved either by himâ—elf or his paâ—ty For â—etting aside the bare name of Honour Safety and Freedom which the Treaty did pretend unto neither the King or any of his did ever hold him in any other condition than that of a Prisoner * 〈…〉 And having clearly proved this from expressions of his own both in a message sent by him to both Houses Oct. 2. 1648. in letters to a prime Magistrate in this Citie as also from the Prince his Declaration made at Goree they subjoyn thus And since inforced Oaths are in many mens judgements not necessary to be kept what assurance could we have that He who had so often failed of his promise made to us when he was free and at his own disposall would make that good to us when he came to be re-established in His Royall power which he had oblieged himself to doe when he was in durance and a Prisoner Yea M r. Geree himself seems to intimate a degree at least of unreasonablenesse in the terms put upon the King by the Parliament in the said Treaty
Thou see'st not whom thou see'st then doe not say That this is HEE who cash a lump of clay Without it's soule a manâ— thou see'st neâ— more Nay but the SHADOW of that lumpe what 〈…〉 Of gifts and graces what perfections rare Among ten thousand persons scatt'red are Gather in one Imagine it to bee This SHADOWES substance and then say us HEE DT G G scâ—â—t ὙβÏιστοδικαι THE OBSTRVCTOVRS OF JUSTICE OR A Defence of the Honourable SENTENCE passed upon the late KING by the High COURT of JUSTICE Opposed chiefly to The Serious and Faithfull Representation and Vindication of some of The Ministers of LONDON As also to The Humble Addresse of D r. HAMOND to His Excellencie and Councel of Warre Wherein the Justice and Equitie of the said SENTENCE is Demonstratively Asserted as well upon clear texts of Scripture as principles of Reason grounds of Law Authorities Presidents as well Forreign as Domestique Together with A brief Reply to M r. Jolm Geree's Book intituled Might overcoming Right wherein the Act of the Armie in garbling the Parliament is further cleared As also Some further Reckonings between the said Dr. Hamond and the Authour made straight By JOHN GOODWIN But thou O God shalt bring them down into the pit of destruction bloudie and deceitfull men shall not live out half their dayes Psal 55. 23. Howl Fir-tree for the Cedar is fallen Zech. 11. 2. And all the people of the land rejoyced and the citie was in quiet For * So the former Transl read it 〈◊〉 and Trâ—mell Post qâ—â—â— â— after that they had slain Athaliah with the sword beside the Kings house 2. Kings 11. 20. Fiat Justitia ruat Coelum Ad Generum Cereris sine caede sanguine pauci Descendunt Reges siccâ morte Tyranni Juven 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hom. Odyss LONDON Printed for Henry Cripps and Lodowick LLoyd and are to be sold in Popes-head-Alley 1649. TO THE RIGHT HONOURABLE THE COMMONS of ENGLAND Assembled in Parliament RIGHT HONOVRABLE THe Glorious God who as Elihu saith accepteth not the persons of Princes * Joâ— â—4 19 hath by your hand cast down the mighty from their seat his next work I trust will be the exaltation of those of low degree by the same hand I mean the redemption of this poor afflicted distracted distressed and long oppressed Nation out of all her troubles I confes when I look upon the manifold grand discouragements which you still meet with from the unthankfulnesse of that People with whose liberties comforts and well being in every kind your soul daily is in travail I apprehend great cause of fear lest your hands should hang down from the work considering that the arm of omnipotencie it self contracted an impotencie when time was from the unworthinesse of those for whose sake it was otherwise readie to have lift up it self gloriously And he COVLD â—aith Mark speaking of the Lord Christ being now in his own countrey there DO NO MIGHTY WORK * Mâ—â—â— 6. 5. the reason whereof is plainly expressed by another Evangelist viz. because of their unbelief †Matth. 1â— â—â— â— by a metonymie of the effect put for the cause because of the frowardnesse and great aversnesse of their spirits either to inquire after or to consider of such things which were proper and effectuall being duly considered to have raised a belief in them that he indeed was their Messiah He COVLD DO NO mightie work for this People .i. he had no mind no desire the want whereof is an impotencie â—s to action to gratifâ—e so unworthy a generation of men at so high a rate Or else He could do no mighty work c. â— it was repugnant to the Law of that wisdom and righteousnesse by which as God he governs the world for him to do any matters of that sacred import for such men But he who once by himself could do no mighty work for a carelesse froward and thanklesse People at another time by Moses his servant was able and willing too to bring water in abundance out of a rock for the preservation of the lives of such men and their cattell whom Moses himself thought it no wrong to call Rebels * Mâ—â—â—â—â— 1â— 11. As the Devil whether through want of will or of power otherwise iâ— not so â—aâ—â—e to determine is not wont to work those mischiefs in the world immediately or by himself which he frequently worketh by the mediation of Witches and other Instruments anointed by him for his service so neither is the glorious God pleased to act such matters of Grace for the children of men with his arm unbared which he is many times readie and willing to do for them when he hath Agents at hand taken from amongst mâ—n pleasing to him and meet to make a covering for his arm in reference unto such actions Thus whilest he had Joshua by whom to negotiate the affair and so those Elders who had lived with Joshua and out-lived him he kept the people of Israel from Idolatry * Josh 24. 31. Afterwards he did the like by the hand of those Judges whom he was pleased in a way more than ordinarie to raise up and set over them whereas still in the intervalls between Judge and Judge which were sometimes larger and sometimes lesser he suffered this People to turn aside after Idols In like manner by the hand of the faithfull High-Priest â—â—â—â—â—ada whilest he was in being he steered the young King â—â—â—sh in wayes that were good but his Instrument and Steers-man failing him by death he suffered this King to ruin himself by groves and Idols †Esa 31 3. Examples in this kind are no â—arities in Scripture The 2 Chr. 24 â—â— 18. hope I have that God hath fitted you for a covering of complacencie and delight to his own arm in order to the lifting up of this poor Nation from the gates of death will not I trust make me ashamed I beseech you therefore know no discouragements after the flesh Your enemies arâ— mâ—n and not God and thâ—iâ— horses flâ—sh and not spirit * Wâ—â—â— the Lord shall stretch out his hand both he that helpeth your opposers and he that is holpen shall fall down and they shall all fail togâ—thâ—r There is but a stâ—p between those mountains which magnifie themselves against you and their melting down into plains You know who it is that onely by touching the mountains makes them to smoke If you value your selves by your selves and by your friends made of men you estimate your hay and stubble but forget your silver and gold The strength of the Almightie becomes yours onely by-laying claim to it and dependance on it How came Châ—mosh to be the god of the Moabâ—tâ—s or Ashtaroth the god of the â—â—donians Did these relations accâ—ue unto them upon any other account than meerly their own choise of these abominations to serve and worship them as Gods If you
by the Authour That God who will blesse the righteous * Psal 5. 12. compasse you about with his favour as with a shield and make you as Angels of God to discern the condâ—oements of this poor Nation and to quit your selves in all manner of worthy and prudent actions with all faithfulnesse accordingly This is the prayer not in face or words but in heart and soul of Your Honours most constantly devoted Servant in the Lord JOHN GOODWIN From my Studie May 17. 1647. ¶ The Contents of the ensuing Treatise THe Ministers great Contributioners to our late and present troubles Sect. 1. The weaknesse of their Addresse to the Generall and Councel of War for the taking them off from assisting the Judiciarie proceedings against the King Sect. 2 3 62 63 64 65. God himself cautioneth against the exemption of Kings from Humane Justice Sect. 3 4 c. A Law of the Land for putting Kings to death as well as other men § 5 6 7 The Plea drawn from the incompetencie of any Authoritie to question or sentence the King answered Sect. 8 9 10 c. The King especially under Delinquencie not superiour no nor equall to the bodie of his People Sect. 9 10 11. and 29. The People have a lawfull power to change their Government when they see just cause Sect. 11 12 c. Rom. 13. 4. Vindicated against the critique Annotation of Doctour Hamond Sect. 13. 1. Petr. 2. 13. Vindicated against the said Doctour Sect. 14 15 16 c. The Doctours Arguments for the immediate derivation of Kingly Authoritie from God answered Sect. 20 21 22 23 c. Par in parem non habet potestatem a rule in some cases none in others Page 29. 30 c. The greatest necessitie lightly imaginable lying upon the Armie to purge the House as they did Pag. 130 131 c. Argument drawn from Scripture injunction to obey Kings and Rulers answered Pag. 32. Who are to judge when or whether Kings be Tyrants Pag. 33. The Parliament a true Parliament and in a capacitie of â—recting a Court of Justice for the Triall of the King Pag. 34 35. Not under force Pag. 36 37 c. The non-concurrence of the House of Lords disableth not the Act of the House of Commons concerning the Triall of the King Pag. 38 39 40 c. The execution of Justice when neglected by the Magistrate dâ—vâ—lves of course to the People Pag. 41 42 44. The fact of Phineas so of Ehud reducible to ordinarie and standing rules of dutie Pag. 43. 44 c. The Ministers Plea from the Covenant answered Pag. 48 49 50 51 c. Reason why the Ministers build so much upon the Solemn League and Covenant Pag. 56. Argument from the Oath of Allegiance answered Pag. 57 58 59 â— Not necessarie that all accessaries in all cases of murtherous ingagements be punished with death Pag. 61 62. Why the King rather to be punished than his instruments P. 62 63 64 c. The Ministers Plea from the punishment of the Kingdom of Israel and of Sauls posteritie for Saâ—lâ— violation of the Oath made to the Gâ—â—â—onites answered Pag. 66. The Ministers put darknesse for light c. Pag. 67. being â—…â—eâ— the worst of all Sectaries Pag. 6â— How weakly they plead their opinion from the Scriptures Pag. 69. The notoriouâ— untruth of their Plea taken from the constant judgement of Protestant Divines Pag. 70 71 72 c. The Plea drawn from deâ—ect of Presidents answered Pag. 77 78 79 c. The Plea from the un-accountablenesse of Kings unto men answered Pag. 82 83 c. Psalm 51. 4. Against thee thee onely have I sinned opened P. 86 87 88. The King had suffiâ—iâ—â—t means to know that his life might lawfully be taken from him for such pâ—â—pâ—rations as he practised Pag. 88 89 c. The taking of the Protestation and Covâ—nant after his ingagement in bloud by the Parliament and Kingdom was no sâ—are upon him Pag. 89 90. The King no wayâ—s defensible by plea of Innocencie Pag. 90 91 92 c. His confession or concession rather of bloud-guiltinesse though in appearance politickly provisioned yet no argument of such depth of wisdom as some attribute to him Pag. 95 96. A bâ—iâ—f touch upon the Kings Book so callâ—d Pag. 96. The bloud shed by the King no bloud of waâ— in any excusing sence Pag. 97 ¶ The Contents of the second Treatise M r Geree stumbleth at the threshold Pag. 100. The reason of his Dedication ibid. Mr Geree no friend to the Parliament though gratified by the Assembly Pag. 101. He condemneth himself Pag. 102. Prejudice an effeminate Passion Pag. 103. In stating the Question between him and Mr. G. he mistakes in every particular and besides conceals some things necessarie thereunto Pag. 103 104 c. M r. Geree pleaseth himself in finding out imaginarie buls Pag. 108 112 Popish writers in points extra-controversall as acute and sound as Protestant Pag. 110. M r. Geree confutes by the Authoritie of such Principles as this What the Word of God saith in one place it must needs say in every place Pag. 111. Not the same reason of subjection to Magistrates from Subjects which is from servants to their Masters ibid. M. Geree jears at new lights Pag. 112. How and how far Oaths to be taken according to the intentions of those who administer them Pag. 113 114 c. M r. Gerees four arguments to justifie the sequestered Members of Parliament answered Pag. 115 116 117 c. The Kings Concessions voted large by M r. Geree and M r. Ptynne antivoted dangerous and destructive by the Reason of one and the Religion of another Kingdom Pag. 117 118 c. An un-princelike Principle in Princes seldom or never to keep Faith with their People upon discontents Pag. 122 123 c. The King according to Mr. Prynne the avowed servant of the Pope P. 124. his distast against the English nation hereditarie Pag. 125. The Parliament would not have been invested in the peoples affections by any recommodation with the King Pag. 127. A DEFENCE Of the Honourable SENTENCE passed by the high Court of JUSTICE upon the late KING Sect. 1. IT is somewhat a slight Proverb but carries an Sect. 1. experienced Truth in it of good portendance to the Common-wealth that Good ale sieldom wants a friend on the beneh But that vile Actions Oppression Tyranny Treason Rapine Depopulations Murthers horrid Murthers yea the evident exposall of a poor wasted Nation to a re-suffering of her late endured miseries and extremities should find so many Friends in the Pulpit and amongst Pulpit-men as is notoriously known they do at this day is matter of a far more deplorable and threatening import unto the Nation That those fourtie odde Ministers of Jesus Christ nam quoniam vult Alexander Deus esse Deus esto or rather the stickling part of them for some were rather subscribed than subscribers yea some I understand have repented of
for the punishing of shoe-makers or taylours with death in case any of these vocations shall be found guilty of murther though there be no particular expression of either of their professions in the Law which sentenceth murtherers with death why should not the same Law be conceived to lie as clear for the pâ—nishing of Kings with death in case they murther though there be no expresse insertion of their Office or calling in the Law to signifie their inclusion in it considering that there is no more intimation neither for their exemption than for the other To say that the Law we speak of was never extended unto or Sect. 6. understood of Kings and therefore neither ought now to be extended unto or understood of them would be to say some what but what is next to nothing For 1. who is able to give any sufficient account that it was never in no age by no person understood of Kings That in point of execution it was never extended unto Kings is but a slippery proof that it was never understood of them Very possibly it was never in such a sence extended unto musitians or moris-dancers yet this if it could be proved would be no proof that therefore it was never understood or meant of them Besides if the Law we speak of never extended unto Kings in the execution of it it is no great wonder considering 1. That there being but one King at a time in the whole nation it can be no matter of wonder that he should not be a murtherer which supposed I mean that never any King of England heretofore was or was known to be a murderer there was no possibilitie that the said Law should formerly have bin extended unto Kings in point of execution 2. In case it could be proved that some former King one or more were guiltie of murther yet probably those who were intrusted with the execution of the Law we speak of might connive either through fear favour flatterie or the like In such cases as these there was no opportunitie of extending this law in the execution of it unto Kings Upon the same account it may well be that however the Law ought in reason equity and according to the import of the letter and words of it be understood as well of Kings as of meaner men yet it might never be publickly and Authoritatively declared that it ought to be so understood But 2 What if it can no more be proved that the said Law was â—â—â—t 7. never yet understood of Kings than it can be proved to have but executed upon Kings Doth it therefore follow that neither now it ought so to be understood especially considering 1 That the expresse letter and tenour of the Law will fairly bear such a sence 2 That such an understanding and interpretation of it will well stand with all principles of reason and equitie 3. That the pulick interest peace and safety of the Nation requires such an Interpretation 4 and lastly that the contrarie can never be proved I meane that it was never understood inclusively of Kings Suppose there were such a sence or interpretation of some text or sentence of Scripture lately given which every waies comports with the letter and gramaticall sence of the words fully agrees with the Analogie of Faith or the received principles of Christian Religion falls in very genuinely with the context or scope of the place perfectly accords with the clear sence of the like phrase and expression in Scripture elswhere c. were such an interpretation to be rejected meerly upon such a pretence as this That it cannot be proved that ever it was given or received by Christians heretofore Nor is that colour lesse washie or fading wherein to the exemption of Kings from humane Judicatories is commonly put to give it some semblance or shadow of a Truth that the King is Supreme and above all persons in his Kindom and in this respect there can be no competent or lawfull Authoritie on Earth to question arâ—aign or judge him it being a received Maxime in politiques that â—ar in parem non habet potestatem multò minùs inferior in superiorem .i. that no man hath any right of Authoritie over his equall much lesse an inferiour over his superiour For to this we Answer 1. That the Scripture cannot be dissolved by the authoritie of Sect. 8. any Politick Rule or Maxime whatsoever of humane sanction If God in the Scripture saith that who so sheddeth mans bloud by man shall his bloud be shed men must not reply to him say we are content to put this Law in execution when Kings are not the transgressours but herein we must be pardoned we have no Authority nor Know we how to create any by which to punish Kings according to the exigencie of this Law when they offend against it We have a Canon sacred and inviolable amongst us which prohibits any man or numbers of men to execute this Law of thine upon Kings Will that God whose name is jealous suffer the Divine Authoritie of his Law to be trodden under foot by men for the salving of the credit of a Law or Principle of their own But 2 It was never yet proved nor I beleeve ever will be Sect. 9. either by any Scripture or sufficient Reason that the King especially under a Delinquencie or crime deserving death is either Par equall viz in power much lesse superiour to the body of his people or their Representative Master Rutherford whom these Ministers may well look upon as Praesidium dulce decus suum the chariot of Presbyterie and the hors-men thereof teacheth them another lesson over and over in his book intituled Lex Rex For the subject of Royall power saith he we affirm the first and native subject of all power to be in the communitie * 〈…〉 p. 5â— Again There is not like reason to grant so much to the King as to Parliaments because certainly PARLIAMENTS who make Kings under God ARE ABOVE ANY ONE MAN and THEY MUST HAVE MORE AUTHORITIE and wisedom THâ—N ANY ONE KING except Solomon as base flatterers say should return to the thrones of the Earth * Iâ—â—â— p â—â— Yet again wherever there is a covenant and oath betwixt equalls yea or superiours and inferiours the one hath some coactive power over the other which position he clearly proveth â— Iâ—â—â— p. â—9 by a case immediatly subjoyned presently after Though therefore the King should stand simply superiour to his Kingdoms and Estates which I SHALL NEVER GRANT yet if the King come under covenant with his Kingdom as I have proved at length c. 13. he must by that same come under some coactive power to fullfill his covenant * Iblâ—â—m Again unanswerably I have proved that the Kingdom is superiour to the King * Iâ—â—â— p 46. Yet over again If we consider the fountain power the King is subordinate to the Parliament and not coordinate for the
constituent is above the constituted If we regard the derived and executive power in Parliamentarie Acts they make but a totall and compleat Soveraign power yet so as the Soveraign power of the Parliament being habituall and underived a prime and fountain power for I doe not here separate people and Parliament is perfect without the King for all Parliamentarie Acts as is clear in that the Parliament make Kings * Iâ—â—â— p 37â— It were easy to make the pile of such quotations as these from this Author far greater and to shew how frequently he stiles the King one while the Servant otherwhile the vassal of the Common-wealth So that our London Presbyters in their most audacious shamelesse and seditious vociferations and out cries against the Parliament as having no Authoritie or right of power to proceed as they did against the King and upon this effeminate account desperately charging the most exemplary Act of Justice and for which the world round about them yea even Kings and Princes themselves may have cause to blesse them in sentencing him unto death with the odious and horrid imputation of Murther do as well defie their own great Oracle of Presbyterie as the Parliament withall acknowledge men of greatest learning worth and parts in the Order of Presbyterie to be tainted with errours of as soul and hatefull a nature and import as any that are lightly to be found amongst those whom they honour with the ancient badge of Christianitie and call Sectaries M r Prynne another authour of their own supreme glorie Sect. 10 of their Interest in the Law as the former in Divinitie doth not onely acknowledge but voluminously and abundantly demonstrates if the frontispice flattereth not the bodie of his building the superioritie of our own and most other forreign Parliaments States Kingdoms Magistrates collectively considered over and above their lawfull Emperours Kings and Princes by pregnant Reasons Resolutions Precedents Histories Authorities of all sorts c. Our London Pulpittiers who abuse their credulous and malignantish Auditories by teaching for Doctrine this tradition of their own that the Parliament had no more right to deal by the King as they have done than a thief by the high way to take their purse should have acquitted themselves like men and deserved in part that Interest and Authoritie in the consciences of men which they expect and claim as their due if they had substantially answered the two Books now mentioned composed by Jachin and Boaz. * 〈…〉 the two great Pillars of their own porch before they had suffered themselves to be so deeply baptized into Shimer's spirit as to bring the railing accusation of Murther against the Parliament for their just and regular proceedings against the King Howsoever etenim fas est ab hoste doceri by what the two late named Authours have upon irrefragable premisses concluded it fully appears that the people or their Representative are superiour in power or authoritie unto the King and consequently that this Maxime Par in parem non habet potestatem suffered not by the Kings suffering under the Parliament Besides Reason it self gives the superioritie of power to the Sect. 11 people or Parliament and not to the King For 1. as the Apostle argues the preheminencie of the man above the woman from this consideration that Adam was first formed then Eve * 1 Tiâ— 2 â—â— so may we inferre the like prerogative of the people over the King The people were first in being the King takes his turn after them is not till they have been 2 The same Apostle concludes the same preheminence of the man over the woman from hence also that the man is not of the woman but the woman of the man * 1 Câ—r â—â— 8 The same foundation is as pregnant to bear the superiority of the people above the King The people are not of sprang not from Kings but Kings of and from the people 3 The same Apostle yet again derives the prementioned priviledge upon the man from this spring The man was not created for the woman but the woman for the man * 1 Câ—â— 11 9. In like manner it being evident that the people were not made for Kings but Kings for the people it follows merrily upon the same wheel that the people have the precedency in honour before the King 4 The servant is not saith our Saviour greater that his Lord * John 13 1â— but on the contrary the Lord then his servant Now the King bears the Relation of a politicall Servant or vassal to that State Kingdom and people over which he is set to Govern as appeareth by those three essentiall characters of servitude inseparably attending his office 1. Regulation or appointment of work 2. Wages in consideration of his work duly and faithfully performed 3. And lastly an obnoxiousnesse to a laying aside by the people when they see it meet The King hath his work of Governing appointed or set out unto him by the people in those Laws which they constitute and make for their own Government and his by their Representatives or Trustees in Parliament Secondly he receiveth such allowance or proportion in wages in consideration of his work in governing as the people or State whom he serveth herein judge meet and reasonable to conferre upon him For this cause saith Paul meaning for their work and faithfulnesse in governing pay ye tribute also viz. unto Kings or rulers as ye pay wages unto servants onely you pay it under another name the nature of this royall service being more Honourable than common services are and the exigency of it for your good requiring greater respects in terms and otherwise then inferiour services doe The Crown is but the Kingdoms or peoples livery Thirdly and lastly the Servant saith our Saviour abideth not in the house for ever 1. necessarily or upon any such terms but that his Master is free notwithstanding any Law of God or of nature to put him out of his house when â—e seeth cause yea though the cause be not very materiall or weighty but the Son abideth for ever * 〈…〉 In like manner the people I mean collectively taken have no Law of nature or of God upon them which prohibiteth them from laying aside a King or Kingly Government from amongst them when they have a reasonable cause for it Such a cause as this they have I mean that which is just and reasonable and competent for so doing when either they find by experience that Government by Kings hath been a nuysance to the peace or liberties of the people â—…nd apprehend by reason that if continued it is like still so to be oâ— find that the charge of maintaining such a Government hath been and if conâ—inued is like to be for the future oâ—e-barthâ—n'om to the State conceiving upon good gâ—â—und withall that another form of Government will accommodate the Interest of the State upon equall or better terms with lesse
10. For it is possible that I may put you in mind of an evident Truth which perhaps you have not taken notice of that as the Original of Government in any particular place cannot be imagined to be by any more then two wayes either Gods designment or the peoples aâ—â— so in either of those two cases 't is God onely and not the people that gives the power of the sword or the power of life to the Governour c. As for the evidence of Truth in his Notion we have found it as clear as the Sun at mid-night For the raritie of it which he insinuates in those words which perhaps you have not taken notice of the truth is that between 30. and 40. years since when I was a young Student in Cambridge such Doctrine and devises all these that the people in their Election do but present an empty cask unto God and that he fills it with the wine of Royal Power and Authority that the Interest of the people extend onely to the nomination or presentation of such a person unto God who they desire might be their King but that the Regal power by which he is properly and formally constituted a King is immediatly and independently in respect of any act of the people derived unto him by God These I say or such like positions as these were the known preferment-Divinity of the Doctorate there and as the common air taken in and breathed out by those who liv'd the life of hope in the King and sought the truth in matters of Religion by the light of his countenance The Doctour hath accused me for a flatterer with much a do it seemes to forbear a deeper charge before his Excellency and Councel and the whole world pretending that he himself as composed a man as he is as little subject to admiration through the abundance of knowledge in him as another was amazed at the largenesse and exorbitance of my expressions that way But whether I be a flatterer or no for the Doctour spent in his charge faints in his proof most certain it is that he with the whole Legion of the Royal faction who generally hold and teach that monster as well in Reason as Religion that Kings are contable unto none but God are the first-born of that evil generation and by the unhappy breathing of that fulsome and importune principle alone into the ears and spirits of Kings have brought a world of troubles miseries and calamities upon the world yea have apparantly consulted shame miscrie to Kings and Princes themselves both in this world and that which is to come But we shall not trespasse upon the tenour of our present discourse by having further to do with our Royal Antagonist here there is an odde reckoning of an elder date between him and me which I shall endeavour to set straight in convenient place and there I shall answer further to my charge of flattery In the mean time we have I suppose upon sufficient and undeniable grounds evinced the superiority of the people over the King so that that State maxime Par in parem non habet potestatem Equall against equall hath no power may stand and yet the capital proceedings of Parliament and High Court of Justice against the King stand in honour with it But 3. Evident is is that that Law-principle we speak of Par in Sect. 27 parem c. though in ordinarie and most cases it may be admitted to umpire as a Truth yet is it not of that sacred or universal Truth but that with most other general rules founded upon humane observation and Authority it suffers the disparagement of an Est ubi peâ—cat and may upon circumstance be justly waved and declined It is to be supposed that two neighbour-States or Nations one no wayes relating unto the other but in neighbourhood of soyl or teâ—ritorie are â—ares equall neither superiour neither inferiour unto other Yet in case the Laws of neighbour-hood and of Nations be broken by the one the other may very lawfully repell violence with violence and in caâ—e they have power compell their delinquent neighbours to a regular satisfaction In like manner though it should be granted that the King and people in their Representative the Parliament are coordinate and so equall in their power which is all that the more considerate party of Royallists claim on the Kings behalf yâ—t in case the King shall turn the Interest â—f power which he hath against the people and be injuâ—ioâ—s and oppressive unto them they may veâ—â— lawfully and without any check from the polâ—â—ick axiome mentioned improve their Interest of power to compell him to a just satisfaction or otherwise to secure themselves from him So that as Mâ— Rutherford well observeth mutuall punishments may be where there â—e no mâ—tuall relations â—f superiority and infâ—riority * 〈…〉 Reâ— p 〈…〉 From whence likewise it plainly appeareth that the Rule so oft repeated and opposed to the Parliaments proceedings against the King onely takes place in such cases 1. When there is a a third power lawfully constituted over both the parties that are at variance 2. Where recourse may be had to this power for justice or redresse without running an imminent hazard either of losse of life or of sustaining some considerable damage in the inteâ—â—m Out of these two cases which are both cases of necessity though in different kinds it may be admitted for reasonable and equall that they that are equall should not exercise any power one over or against the other But the case between the King and Parliament was the former of these as hath been said and so is one of the two which are reserved from the specified Rule Yea 4 It is not onely true that in some cases and particularly Sect. 28 in those mentioned Par in parem may have potestatem one equall exercise a coactive power over another but that in some cases also even those that are Inferiour may do the like over their Superiours Where there is a civil bound Covenant or oath between an Inferiour and a Superiour this bond or oath being violated oâ— broken by the Superiour gives the Inferiour a â—ight of power to compel his Superiour to the performance of the terms â—atified by this bond or oath In case a Father gives bond to his sâ—n or makes any other civil contract with him valid in Law and conscience for the paâ—ment of 〈…〉 five thousand pounds at such a day if he peâ—form not accordingly the Son by the Law of Nations and by the civil Law hath a right of power to compel him thereunto So that though it should be supposed that the King simply and absolutely is Superiour to his people yet having entered into a civil yea and sacred covenant and bond with them the breach hereof on his part giveth unto them a Lawfullnesse of right or power to compel him to the terms of his agreement or to make satisfaction for his
violation of them In such cases of Delinquencie as this that superiority which for argument sake we suppose in simple and absolute consideration to be competent to the King is for the time and untill just satisfaction be made forfeited unto the people and they made the Superiour hereby For doubtlesse he spake very conformably to the Law and light of nature and nothing but what the Scripture it self frequently attests who said Faâ—â—â—â—s quos inquinat aequat i. Sin levels all as far as it pollutes If then Superiours joyning in any act of impietie with their inferiours lose the honour and dignitie of their Superiorship and render themselves as vâ—le and low as these their Inferiours who partake in the same impietie with them they must needs by the contraction of such guilt upon them fall beneath their Inferiours who are innocent and turn the Relation of Superioritie and Inferioritie between them upside down Therefore 5 And lastly for this though it should be granted that a King truly and properly so called is either equall or Superiour in power to his people in Parliament yet being degenerated into a Tyrant he is neither A King and a Tyrant are as specifically distinct as a lawfull husband and an adulterer This cleaâ—ly appears by their respective descriptions or definitions which do 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 one answer the other in a relative opposition after the manner of two species contra-distinguished the one against the other under the same genus He that is a Tyrant saith Aristotle minds his own benefit or profit in his Government 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈…〉 but he that is a King that benefit of those that are governeâ— by him He is a Tyrant saith Peter Martyr that ruleth contrariâ— to equity good and the Laws Now certain it is that as neither God nor men ever ordained that the adulteâ—er should be the head of the woman or claim or hold any superioritie over her whose chastity he attempts by force So neither ever did the one or the other ordain by Law or otherwise that a Tyrant should be the politick head of a body of people collectively taken or that such a body as this should acknowledge him for their Superiour Kings themselves in the notion of the Civil Law and of sound reason it self as was formerly argued are but servants or vassals to their Kingdoms or those respective Common-wealths which they govern We hold that the â—aw saith with us saith Master Râ—therford that vassals lose their farm if they pay not what is due Now what are Kings but vassals to the State who if they turn Tyrants fall from their right * 〈…〉 Elswhere If a King turn a Paâ—ricide a waster and destroyer of the people as a man he is subject to the coaâ—tive power of the Laws of the Land c. * 〈…〉 pag. â—â—â— If Kings in the best of their honour according to the very tenour and tenure of their Office and before any tainture with Tyranny be the servants of their States and people and in this consideration are their Inferiours how much more when they have abused themselves with wickednesse in their Government and violated those very Laws which were the spirit life and soul of their Authority That particular Christians are injoyned by God in the Scriptures Sect. 30 to obey Kings and Rulers when they were persecutours and wicked is no argument at all whereon to conclude that therefore such Kings or Rulers were not the Servants of and in their power and Authority dependent upon those respective States and Kingdoms which they ruled There is little question to be made but that particular Members of a Statest and bound in prudence as well civil as Religious and therefore and in both respects in conscience to yield obedience unto him in all things Lawfull untill his Master or Lawfull Superioâ—r I mean the body of that State or in cases extraordinary such a part of it as shall be spirited and strengthened by God for the atchivement which hath made him their Ruler shall in a Regular way dis-title him and take that Interest of power and Authority from him which they gave him as Masters use to doe by their servants when they discharge them of their service But this proveth not so much as in face that therefore the intire body of a State in their representative stand bound in prudence either civil or religious to continue such an Head in the power and Authority of his Headship over them or to own him still for their Superiour A Corporation or Company convened together may Lawfully do many things relating to their body which no single person of them may doe as for example they may discharge an Officer whom they find unfaithfull in or insufficient for the place wherein he hath formerly related unto the Company which no particular person amongst them can or ought to doe And certain it is that the Apostles did not direct their Christian precepts or exhortations concerning obedience and subjection unto Kings to Bodies politique or whole States or Kingdoms collectively taken but unto Christian Churches and the Members thereof in particular Nor did they undertake to umpire by any sentence or order directed unto them from heaven between Kings and States touching their civil rights or politique interests but left them in these to the Regulation of the Law of nature and of nations To object but who shall judge whether the King be a Tyrant Sect. 3â— or no or is it meet that the people who are a party and his enemies should be admitted Judges in their own case is but to call for an answer near at hand First the Laws of the land are very competent and unpartiall Judges in such cases If these do not either expressely or constructively and by evident consequence declare a man to be a Tyrant it is probable that he is not guilty but if these speak his guiltinesse in that point the testimony against him is sufficiently valid If it be further demanded but who shall declare or expound the Law in this case I answer the known Rule in the Law is that it 〈…〉 appertains to them to interpret the Law to whom it belongs to make it Now it being the Interest or right of the people in their Representatives to make their Laws it must needs be their right also in the same capacity to interpret them If it be yet said yea but the King is interessed in making of Laws as well as the people therefore it belongs as well unto him as unto them to interpret them I answer no the King is not interessed in making 1. in framing or contriving Laws but onely in ratifying or confirming them That which he contributes towards the Laws is onely the guift of his Royall assent which supposeth them made before they come at him His Assent unto the Laws made by the people is in it self and simply considered but a State formality yet apprehended it seems of such
OF OUR OWN 4. If the Parliament of England because of the sequestration Sect. 36 of some of their Members by the Army were under force or in no capacity to act Parliament-wise doubtlesse the Parliament of Scotland now sitting is much more under force and upon this account all they have acted since the first of their sitting or shall act yet further must be null yea more formally and apparantly null than any the Acts of the present Parliament of England For about six moneths since the Army of the Parliament of Scotland which invaded this Kingdom being by the blessing of God overcome those that now govern affairs there who were before oppressed by them raised forces of their own Authority and by force caused them who See the Parliaments Declaration o◠〈…〉 17. 16â—â— Pag. 12. 13. had the Parliamentary Authority to flee from Edenburgh and by the help of the English forces than in the North invited to their assistance did compell the disbanding of the forces there remaining that were raised by the Parliament and having modelled their own forces did call another Parliament while the former was by Adjourment continued and gave such limitations to the new Elections as they judged most for the interest safety and peace of that Kingdom And that Parliament hath since sat under the Protection of those forces so raised So that the present Parliament of England is much more free than the Parliament of Scotland For 1. The Members of the former were Elected without any limitations prescribed to or about their Election whereas the Election of the Members of the latter was incumbered and not carried or made with the like freedom 2. The Parliament of England now in being was not brought in by force over the head of another Parliament legally chosen this being forced to flee to make way for that which is the case of the Scottish Parliament 3. And lastly the Parliament of England sitteth under the Protection of forces raised by their whole body and whilest all their Members had full liberty to sit whereas the Parliament of Scotland is attended for their security by forces raised by some few of them onely the forces raised by their free Legall Parliament being by force compelled to disband But 5. That the Parliament of England acteth freely and not as Sect. 37 under any force since the want of their secluded Members or at least as freely as they did before is evident because they now act by the same principles and according to the same genius by which they acted whilest those Members sat with them though by the number and potent influence of these Members upon the House matters were still over-ruled in opposition to them as well as to the liberties and safety of thâ— Kingdom 6. There is no colour to judge the Parliament now sitting to be under force in as much as those under whose Protection they sit are their reall cordiall and â—ried friends being their own Army raised by themselves and who have stood by them and by the Kingdom with all faithfulnesse and with the eminent hazard of their own lives from the first untill now Do mâ—n use to be afraid of their friends their known their long their throughly experienced friends Suppose they had been under such a kind of force which had strongly inclined them to act contrarie to their judgements I mean contrarie to such principles as by which it is like they would have acted in case such a force had not diverted them yet unlesse it can be proved that those judgements of theirs according unto which it is supposed they would have acted in case no force at all had influenced them were consistent with the liberties peace and safety of the Nation which consistencie hath not yet been proved nor ever will there can no sufficient reason be given why their acts should be judged null or illegall It is the saying of Seneca It is an happy necessity which compelleth men to better 〈…〉 câ—â—pâ—… wayes than otherwise they were like to take And in case Parliamentary Acts should be questioned in point of legall validity uâ—on a supposall yea and this in some degree reasonable that Parliaments at the time of their transaction were under force or which is the same under fear of acting otherwise upon this account the validity of all Parliamentary Acts whatsoever in this Kingdom if not in others also will be obnoxious and liable unto question For it may very reasonably be doubted whether any Parliament were ever so free in the passing of any Act but that they were under fear either of the King and his power and party on the one hand or of the people and their discontent on the other and consequently whether ever any Parliament acted with such precisenesse of liberty or freedom as that the genuine and native ducture of their judgements was no wayes touched or wrought upon by any influence of persons or things feared by them If it be yet objected yea but it was onely the House of Sect. 38 Commons that voted the Erection of that Court of Justice which gave sentence against the King The House of Lords concurred not with it Therefore the Authority of this Court was illegall it being contrarie to the fundamental Laws of the Kingdom that either of the two Houses should assume unto themselves or exercise a compleat Parliamentary power without the concurrence of the other I answer 1. Many talk of the fundamental Laws of the Kingdom who I beleeve understand not at least consider not what the word fundamental imports Certain it is that no other Law or Laws of this Kingdom can with any propriety of speech be termed fundamental but onely such the observation whereof by the body of the Kingdom is of absolute necessity to the wel-being of it And no lesse certain it is but that the welfare and prosperity of this Kingdom may stand without any house of Lords at all and much more without their concurrence with whatsoever the House of Commons shall passe in order thereunto Upon the same ground evident it is that the Trial of Malefactours or Delinquents especially in extraordinary casâ—â— of Delinquencie by Juries is no fundamental Law of the Kingdom in as much as the wel-being of the Kingdom may subsist as well without it 2. All Authority and Power of Government being originally Sect. 39 and fundamentally in the people as hath been already proved at large they have a just and legall power in their Representative which is the House of Commons without the Lords to act and do whatsoever they rightly judge conducible to their wealth and safety especially when the Lords shall refuse to concurre with them in such things It is unreasonable to conceive that it should be a matter of sin or unlawfull for a Kingdom to make provision for it self and it is own good unlesse such or such a small party amongst them who prefer their own undue personal Interests before
the publick Interest and welfar of the Nation should consent and joyn with them therein That Law or Custom of the Kingdom which placeth the supreme Authority or power of Government in the three Estates of King Lords and Commons doth it upon this presumption or ground that they all would and should joyn consent and agree in and to all such things and transactions which make for the benefit and wel-being of the Kingdoâ— So that when this presumption â—â— ground faileth as when either the King or Lords refuse to consent unto things of such a tendencie and import that Law or Custom we speak of lose their interest and force of Obliâ—â—tion yet without any violation of their intention For it is not imaginable that any such Law should ever be enacted whereby a Kingdom should be denied a liberty or right of power to provide for it's own wel-being and safety unlesse those that are enemies to the making of any such provision would consent notwithstanding that it should be made Therefore though the Erection of a Court of Justice by the House of Commons without the Lords be contrarie to the letter and out-side of the Law yet a requisitenesse of it supposed in order to the peoples good it is of perfect compliance with the spirit and soul of the Law But 3 And lastly suppose that which is the height of suppositions Seâ—t 40 that can be made against the Justice of that Sentence â—ow under defence and withall far from truth viz. that the Parliament by whoâ—e Authority the said Court of Justice was founded and created waâ— no formall legall or complete Parliament yet will not this neither disable the Justice or righteousnesse of the Sentence unlesse it could be further supposed which apparent Truth prohibiteth any man to suppose that there was some other Magistrate one or more superiour in place and Authority to this Parliament who probably would either have erected alike Court of Justice for the same end I mean for the Capitall triall of the King or else have called him to the â—ar of some Court of Justice already established and prosecuted the same triall here For doubtlesse the execution of Justice and Judgement is so absolutely and essentially necessary to the preservation and well-being of a State or body politique that both the Law of God and nature doth not onely allow it iâ— any member one or more of such a body in their order turn and course 1. when those who are peculiarly deputed for such Execution shall neglect or refuse it as viz Magistrates and Judges but even calleth them unto it and requireth it at their hand in such cases The Execution of Justice in order to the peace safety of the Publick is not a work so appropriate to the office or calling of a Magistrate but that when they in all their subordinations shall neglect it it devolves as it were of course unto those who are not Magistrates yea by â—â—y of duty and necessity unto such who have opportunity and means to perform it This is the clear sense both of God and men When God first published unto the World that great Law Sect. 41 of Justice against murtherers mentioned Gen. 9. 6. he did not limit or confine the Execution of it unto Magistrates or draw it up in such terms as these Who so sheddeth mans bloud by Magistrates shall his bloud be sâ—ed but thus by man shall his bloud be shed doubtlesse to imply that the Execution of this Law doth concern every man in his order and place and not the Magistrate onely in his the Magistrate indeed first but then others also under his deficiency The like intimation I conceive is given afterwards where this Law at first given unto and imposed generally upon all flesh is particularly inserted and that several times amongst those Laws which God himself was pleased to prescribe unto the Nation of the Jews He that smiteth a man so that â—e die shall be surely put to death Exod. 21. 12. So again He that killeth any man shall be surely â—ut to death Levit. 24. 17. The word SURELY import's that though the Magistrate be unfaithfull in his place and shall neglect to put the Law against murther in Execution which is here it seemes supposed that sometimes he will do yet the murtherer must not so escape He shall surely be put to death if he to whom it more properly and peculiarly belongs to administer justice in this case shall prove like a sliding foot or broken tooth to God and that people which hath set him over them and neglect the administration yet shall they to whom the said administration belongeth in a secondarie and more generall way supply that which is wanting in the Magistrate on this behalf In like manner our Saviour himself repeating and confirming though in other words the same Law Mat. 26. 52. doth not expresse it thus All they that take the sword shall perish by the sword of the King or of the Magistrate as if there were none that had right to execute justice upon such in case these refused it but in the general and without confinement to the sword of Magistracie thus All they that take the sword viz. to do violence to the bloud of any man shall perish by the sword It is much considerable to the further clearing of the point in hand that God in delivering those politick or judiciall Laws unto the Jews which he judged meet for their Politie useth the same form or tenour of compellation wherewith and wherein he delivers the Morall Law unto them with the respective precepts thereof As he directeth these to the whole body of this people divisim conjunctim sometimes in the second person singular as THOU shalt â—â—â—â— no otâ—â—r Gods before me THOU shalt not make to thy self any graven image c. Sometimes again in the same person plural as YE shall not make with me Gods of silver or Gods of gold Exod. 20. 23. YE shall not trouble any widow c. Exod. 22. 22. which manner of expression implies that obedience unto the things commanded appertains unto and is expected from them all so doth he in â—â—â— delivery of the Judiciall Law and the particulars thereof addâ—â—sse himself to the generality and body of the people also aâ—â—er the â—ame manner â—â— THOU â—â—â— aâ— Hâ—brew servant â—e shall 〈◊〉 sâ—â—â—â—â—â—s c. Exod. 21. 2. THOU shalt not â—uffer a witch 〈…〉 Exod. 22. 18. THOU shalt not overthrow the right of 〈…〉 Exod. 23. 6. c. So again Also saith 〈…〉 Mosâ—â— Thou shalt spâ—ak unto the children of Israel sayâ—… 〈…〉 die and have no son then YE shall turn his inheritance untâ—â—is daâ—gâ—tâ—â— And if he have no daugâ—ter YE shall give his inheritance unto â—is brethren c. Numb 27. 8. 9. see also veâ—s 10. 11. So YE shall appoint the Cities to be Cities of refuge c. Moreover YE shall take no recompence for the life of the murtherer
aggravating circumstance one or more the Justice of God in this case may well be conceived proportionably to allow somewhat out of course and above the rule for ordinary cases touching the manner of inflicting the punishment When a sin which for the kind of it and without any aggravating circumstance deserveth death is committed with any unnaturall and execrable aggravation besides God usually covereth all irregularitiâ—s which are found in or about the Execution of Justice upon the sinner and justifieth the Execution though it be not managed in all circumstances according to standing rules of Justice in ordinary cases There is the same consideration of the fact of Eâ—ud in killing Eglon unto whom by right of conquest the Israelites had now been in subjection 18 years For howsoever some Court Rabbies secretly to enchant Kings into Tyrants for their unworthy ends have endeavoured to disguise the face of this example also and to make it look like the naturall off-spring of some super-Scripturall converse between God and the spirit of the Actour yet hath the devise been too hard for them to perform neither Scripture nor sound reason affording any assistance to the attempt But this by the way Thus then we see that according to the Scriptures when Sect. 44 Superiour Magistrates faulter in such executions of just Laws which properly and by office belong unto them the right of these Executions accâ—ue to the Inferiour and in case these faulter and fail likewise the power right and care of all such executions devolves not onely by way of right or power but of duty also upon the people Nor is this principle of Devolution in case of failer in the Superiour asserted onely by God in the Scriptures our adversaries themselves in the caâ—se now under plea are friendly yea and zealous assertours of it also The Scottish Covenanters in the year 1639. upon the Kings delay in calling their Nationall Synod published a writing to this purpose that the power of calling a Synod in case the Prince be an enemie to the Truth or negligent in promoting the Churches good is in the Church it self * Tâ—â— Mâ—◠〈◊〉 â—â—â—â—â—lâ—…nt c. lâ—b 3 â— â—â— M r. Prynne borrowing Junius Brutus his pen in case of the incroachment of Tyranny upon the people wâ—o as he saith are Lords of the Publick from the Prince and the conniveance or collusion of most of the Nobles doth not onely acknowledge it as a thing lawfull but enforceth it as a duty and matter of conscience that any one of the Nobles who considers the incâ—oaching Tyranny and detests it from â—is soul take care lest the Common-wealth receive any detriment Yea saith he he shall preserve the Kiâ—gdom even against the Kings will and resistance by which â—e â—imself becomes a King * 〈…〉 c. with much more to like purpoâ—e So that M r. Prynne is clear that in case the next of kin refuseth he that is more remote may lawfully take the relict to wife In the Tractate last mentioned he câ—teth the Judgement of Georgius Obâ—â—câ—us a great Lawyer witâ— severall others standing to the same point Mâ— Râ—tâ—eâ—ford the great Patron of Presbytery notwithstanding patronizeth also that devolution we speak of Convention of the Subject saith he in a tumultuary way for a sâ—ditious end to make War without warrant of Law is forbidden but not when Religion Laws Liberties invasion of forreign enemies necesâ—itatâ—th the subjects to convern though the King and ordinary Judicatâ—res going a corrupt way to pervert judgement shall refuse to consent to their conventions c. * 〈…〉 And more plainly in another place When the King defendeth not true Religion but presseth upon the people a false and Idolatrous Râ—ligion in that they are not under the King but are presumed to have no King eatenus so far and are presumed to have the power in themselves as if they â—ad not appointed any King at all as if we presume the bâ—dy had given to the right hand a power to warâ— off strokes and to defend the body if the right hand should by a palsie or some other disease become impotent and be withered up when ill is coming on the body it is presumed that the power of defence is recurred to the left hand and to the rest of the body to defend it self in this case as if the body had no right hand and had never câ—mmunicated any power to the right â—and at all * 〈…〉 Long before him M r. John Knox his country-man and great Architect of the Presbyterian disciplin in Scotland in a generall Assemblâ— aâ—ouched it in a dispute against Lethington Secretarie of State to be the judgement of Calvin and of the most godly and most learned Presbyterian Divines that be in Europe that the Inferiour Magistrates and upon their final default the people may and ought to execute their Princes for murthering or destroying there liege Subjects Polâ—nus a learned man and a Reformed Divine of good note expresly granteth that when Bishops and Ecclesiastiques are defective either in will or skill for the Reformation of Religion and the Church laiques or private men may lawfully supply their defect herein and act the part of Bishops or Ecclesiasticall persons in such Reformation * 〈…〉 So that opinion which asserteth the right of Authoritative Executions unto Inferiour Magistrates though properly and primarily appertaining unto Superiour when these neglect or refuse them and unto the people when all Magistracie as well that which is Inferiour as that which is Superiour neglect them is no Independent opinion much lesse any private opinion of mine own it is the signall Doctrine of the greatest Rabbies in the Presbyterian School Let me adde this from a late writer that from diligâ—nt search mâ—de into our ancient books of Law it is affirmed that the Peers and Barons of England had a legall right to judge the King which was the cause most likely for it could be no slight câ—â—se that they were called his Peers and Equalls And to conclude as to this point this present Parliament whilst as yet the Legality of it was not questioned in the least through any dismembering or otherwise and whilst it was as yet it remains for ought I know Presbyterian enough viz. in May 164â— upon that Kings refusall of the Bill for the calling of the Assembly oâ—t tendered unto him fell to argue fully aâ—gued what iâ—â—â—câ— casâ—â— might â—e done by Authority of Parliament when tâ—e Kingdoms gâ—â—d is so mâ—ch concerned when a King refuseth aâ—â— absâ—ntâ—th himself from the Parliament And at last it was brought to this Conclusion that an Ordinance of Parliament whâ—râ— tâ—e King is so absent and refusing is by the Laws of the Land of as good Authority to â—ind the peoâ—le for the time present as aâ— Aâ—â— of Parliamâ—nt it self can be * Thâ— Mâ—â— Hâ—â—â— â—â—â—â—râ—…◠lâ—b â— â— â—â— Therefore this Conclusion stands like a great mountain immoveable that the Justice and
that mercie to all the three Kingdoms which would be expressed and shewed unto them as well in the preservation of those liberties as in the Execution of Justice upon their enemies and disturbers of their peace 2. Suppose the preservation of the Kings person had been Sect. 47 simply and without any limitation or condition injoyned in the Covenant yet the injunction being grounded upon this presumption that the King himself should and would enter into the same Covenant with us he refusing to come into the bond of the Covenant excludeth himself from all the benefit overtuâ—ed unto him in the Covenant upon those terms and dischargeth the Covenanters from all Covenant-obligations relating unto him The Author of the Discourse intituled Lex Rex was I suppose at the framing of the Covenant in Scotland yea and probably fashioned it both behind and before or however hath ploughed with a better heifer than all our Subscriptioners have done to understand a right the riddle of it yet he teacheth us this Doctrine for truth that if the Condition without the which one of the parties would never have entered in Covenant be not performed that person is loosed from the Covenant * Lâ—â—â—â—g pâ—g â—â— Now I appeal to the Consciences of the Subscribers or to as many of them as have taken the Covenant whether they would have Covenanted the preservation of the person and Authority of the King if they had known the King would not have Covenanted the other things with them especially if they had known that he would so desperatly have opposed all the main ends of the Covenant as he did But this nail I remember is driven home to the head by that work-man who drew up the Armies large Declaration Therefore 3. Where a promise is either made or sworn conditionally Sect. 48 especially when the performance of the condition by him to whom or on whose behalf the promise is made or sworn is of greater moment than the performance of the promise it self in such cases it is as clear as the light that the non-performance of the condition by the one party induceth a disobligation of the other party from performance of the promise How much more when there is not onely a simple non-performance of the condition but also a practising with an high hand in opposition to it First evident it is that those words in the Covenant in the preservation and defence of the true Religion and Liberties of the Kingdom import a condition to be performed on the Kings part without the performance whereof the Covenant obligeth no man to the preservation or defence of his Person or Authority If this be not the clear meaning and importance of them the Covenant is a Barbarian unto me I understand not the English of it But if men will impose aenigmâ—s in the name of Covenants or Covenants made of riddles they can reasonably expect no observation of them but onely from some Oedipus or Fortunatus unlesse they will please to send their heifer along with them Secondly whether the Preservation and Defence of the true Religion and Liberties of the Kingdom be not a matter of far greater consequence than the Preservation and Defence of the Person and Authority of the King I am content to leave it to the Ministers themselves to judge and determin Thirdly whether the King hath not all along since the taking of the Covenant by the Generality of the Parliament and Kingdom acted in a way of full opposition to the preservation and defence of true Religion and the Liberties â—â— the Kingdom I do not much fear to refer to the same arbitration Certain I am that if their tongues and pens were not at vaâ—iance with their judgements this was their unanimous judgement and award whâ—â—est the Parliament smiled and the King fâ—owned upon the Presbyterian Interest Therefore as God by his promise of â—aving those who shall believe stands no wayes bound to save those who shall not believe so neither doth any Covenant or promise though made with Oath to preserve aâ—d defenâ—â— tâ—e â—ings Person and Authority in case â—e shall preserve the tâ—ue Religion and Libâ—â—ties of the Kingdom oblige any man to the preservatiâ—n or defence of either when the King acts destructively either to the true Râ—ligiâ—n or to the Liberties of the Kingdom least of all when he acts destrâ—ctively unto both Mâ— Prynne himself approbante calamâ— citeth these words amongst many others of like import out of Jâ—â—tus Brutus Therefore the people are obliged to the Prince under a condition the Prince purely to the people Therefore if the condition be not fulfilled the people are unbound and the Contract void the Obligation null in Law it self * 〈…〉 Nay 4 The truth is all things duly considered that the Covenant Sect. 49 doth not more if so much promiâ—e or overture unto the King the preservation or defence of â—is Person or Authority by those that should take it as threaten him with the neglect yea and ruin of both from them Thus far the case is evident he that promiseth upon condition intimates and to a degree threatens non-performance of promise in case the condition be not performed especially when the performance of the condition is of much concernment to him that maketh the promise Suppose that God should onely have made such a promise as this unto the world Whosoever believeth in my Son Christ shall be saved without the explicit addition of this threatening but he that believeth not shall be damned it had been a pregnant Item and caveat given unto the world not to have expected salvation from him unlesse they believed Yea the promise â—â— self contains a tacit threatening of condemnation unto those who believe not Nor is it a thing reasonable or worthy of God to conceive that he in a most serious and solemn manner and when he would speak most like unto himself should promise salvation unto the world upon condition that men believe and yet at the same time intend to save them whether they believed or no. Nor would it be in men any thing lesse than taking the Name of God in vain to swear in a solemn manner and with â—ands lifted up to heaven the preservation and defence of the Kings Person and Authority upon condition that he preseâ—vâ— and defend the true Religiâ—n and Liberties of the Kingdom and yet to tell or intimate unto him at the same time that they will preserve and defend his Person and Aâ—thority whether he preserves Religion and Liberties or no. 5 If there be any thing in the Vow Protestation or Covenant Sect. 50 against bringing the King to a judiciary Trial and sentencing him according to his demerits the Ministers themselves are far deeper in the condemnation of tranâ—grâ—ssours than those that have acted in or towards this bringing of him to trial or that have given Sentence against him at least in respect of any guilt contracted by them by either of
these transactions In so much that that of the Apostle may be applied and spoken unto them with aggravation and advantage Therefore thou art in excuseable O â—an whosoever thou art that judgest for wherein thou judgest another thou condâ—mâ—est thy self for thou that judgest dost the same things * â—â—m â— â— The Ministers were they who deposed the King and consequently who according to the common and known processe of Law and Justice in the Kingdom exposed him both to that judiciary Trial whereunto he was brought as also to that Sentence which passed upon him For a King deposed is no longer a King but a Subject and consequently as subject I mean according to the ordinary current and course of things unto Law and Justice as ordinary Subjects are The Ministers with their party clearly deposed the King when they denied their subjection unto him withdrew their obedience from him acknowledged and submitted unto a power as Superiour unto his viz. the Parliament levied war against him as against a Traitour Rebell and Enemy to the Kingdom chased him up and down the land from place to place confiscated his revenews and at last imprisoned his person But this Doctrine with a further explication and proof of it hath been lately taught them with Authority and Power by another pen * Tenâ—â—e of Kiâ—gâ— and Magiâ—â—â—â—teâ— by J M pâ—g â—9 â—â— c. the Sermon being in print needs no repetition So then were it granted that the Protestation Vow or Covenant did positively and without any proviso injoyn the preservation of the Person and Authority of the King neither they who brought him to trial nor they who sentenced him can be looked upon as Covenant-breakers in either of these actions because neither he who was brought to that Trial we speak of nor he who was sentenced was a King when these things were done to him but onely a Subject that had been a King in his dayes but was now devested of his royall office and power by the Ministers of London and their partisans and reduced to the rank and condition of a Subject and this none of the greatest neither There is not the least jot or title in the Covenant concerning the Preservation or Defence of the Person and Authority of any man that sometimes was or had been a King nor the least mention of any restraint from bringing to triall or giving sentence against such a person being a Delinquent Therefore there being no Law in the Covenant against the trial or sentencing of such a person there can be no transgression in either against the Covenant Again 6. And lastly Suppose the Ministers were gratified with Sect. 51 their undue supposal viz. that the Covenant injoyns the Presâ—rvation of the Kings Person and Authority without any reciprocal indenting with him for the preservation of Religion and Liberty yet there being two expresse clauses in the Covenant the one injoyning the preservation of the Liberties of the Kingdoms the other the bringing of Incendiaries and Malignants unto condign punishment either of these falling in competition with that concerning the preservation of the Kings person swalloweth up the obligation thereof For that is a true Rule which Peter Martyr delivers as elsewhere I have observed * â—…ht â—nd â—â—â—hâ— c. pâ—â— 30. that when two duties or commands meet in such a strait that they cannot bâ—th receive that honour of observance which otherwise belongs unto them both that which in the judgement of the Law-giver is the greater ought to be observed and the lesser to give place * Now 〈…〉 P Mâ—â—t â—n â— Sâ—â—â—â— â— â— first certain it is that as well the one as the other of these two duties the preservation of the liberties of the Kingdom the bringing of Inâ—endaries and Delinquents to condign punishment are far greater duties of far greater moment and consequence than the Preservation of the Kings Person and Authority the highest service imaginable of his Person and Authority in their best preservation being the procurement of these which are very well procureable too without them and 2. no lesse certain it is 1. that neither the preservation of the Kingdoms Liberties nor 2. and this more appâ—rantly thâ—n the former the bringing of Delinquents to condign Punishment were consistent with such a preservation of the Kings person Authority as the Ministers deem the Parliament Army and others obliged unto by the Covenant Late and lamentable experience shewed how near the Liberties of the Kingdom were to ruin by occasion of the preservation of the Kings person onely and that onely for a season though his Authority was kept under hatches It was the Preservation of his Person that gave life and breath and being to those dangerous insurrections in Kent Essex London Surrey Wales c. by means whereof there was but a step between the Liberties of the Kingdom and perpetuall enslavement It was the Preservation of his Person with hope of a restitution of his Authority that administred strength unto Scotland to conceive the conquest of England and to make the attempt by invading it with an Army of about if not above 30000 men unto whose teeth doubtlesse this Nation had been a prey had they not fought from heaven had not the stars in their courses fought against them And had his Person still been preserved especially with his Authority according to all experiments which the world hath made and had in such cases yea according to all principles as well of Religion as of reason and policy it would have been a spring or fountain of bitter waters unto the land and a darkening of the light in the heavens thereof But more of this elsewhere And instead of bringing Delinquents unto condign punishment it cannot in any rational Construction but be supposed that it would have been the lifting up the heads of such persons unto undeserved places of honour This with the other particulars argued upon the point of the Covenant duly considered is it possible to imagine that the Ministers should find in their judgements or consciences or any where else but in their degenerous and ignoble ends the least colour or pretence to declaim against the Parliament and those who adhere to them in their proceedings with such wide and open mouths with such multiplied and incessant battologies of Covenant-breaking Covenant-breaking Covenant-breaking as they do for their honourable proceedings against and royal execution of Justice upon the Person of the King or to think that such Scriptures have any hard aspect at all upon them or their actions as that which they manage against them Shall he prosper shall he escape that doth such things Or shall he break the Covenant and be delivered As I live saith the Lord seeing he despised the Oath by breaking the Covenant when lo he had giveâ— his â—and he shall not escape c. Ezech. 17. 14 15. c. Have they not much more cause to fear that the Spirit which speâ—k in such
Scriptures as these â—â—eth in wait for themselves and will break forth as a lion out of a thicket upon them devour them Or aâ—â— not they the signal Covâ—nant-brâ—akâ—rs of the Nation in opposing and pleading against the bringing of Incendiaries and Delinquents to condign â—sâ—nishment the Liberties of the Kingdom the roâ—ting out of Episcopacy the forces raised and continued by â—oth Houses of Parliament for thâ—ir just Defence Or do they not very palpably and in the interpretation of all unpartial and considering men oppose all these in pleading for the â—reservatioâ— of the Kings Person and Authority upon such malignant terms as they do Do they not in charging the Parliament and Army with breach of Covenant do like â—â—tiâ—â—ars wife who accused hir servant Joseph unto his Master of unchast attempts when as she her self was the impure person and Jâ—seph a Mirrour of that virtue which was directly contrary to that sin whereof he was accused But what may we in a fair way and without the least breach Seâ—â— 52 of Charity judge to be the reason why theâ—e Ministers when the Sun Moon and Stars do not obeisance unto them when they find themselves agrieved with the motions of the State and the workings of publick affairs not kindly sympathizing with their Interests still arm themselves with the Solemn League and Covenant to fight against those in whose spirits or wayes they resent the least non-compliance with them and their ends Why do they still rage with the Covenant in their mouths why do they still make a staff of the Covenant to strike and beat their adversaries Questionlesse the thought of their heart is that whether the Scriptures were calcâ—lated for the Meridian of high Presbytery or no the Covenant was and therefore their confidence of a blessiâ—g from this upon that their Interest is greater than from those They think it impossible by virtue of the Covenant that any man should touch them and be innocent It cannot enter into them to imagin that the Covenant considering who were the compilers of it and from whom they received it should suffer any man with a good conscience to do the Presbyterian Interest the â—east harm yea or to withhold their hand from a zealous promoting of it What the first-born Sons of Presbytery draw up a Covenant for themselves and for the Honour of their Kingdom and contâ—ive it so weakly so impolitickly as to leave the takers of it at liberty in any juncture of circumstance whatsoever to act contrary to their desires contrary to the eâ—igencies of their Kingdom They must not they dare not they cannot stain the glory of their wise men with such an imputation Hence I conceive it is that without any more ado without any further consideration had than onely of the parentage and descent of the Covenant whoever troubleth them or discontenteth them in their way they presently arrest him at the Suite of the Coveâ—aâ—t making no question but that the Covenant will be too hard for him and avenge them on all their adversaries But poor men in all this they do not consider of whom it is written 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 He catcheth the wâ—se in their most emphaticall and signall craft for so the article 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 seems to import Whereas the Ministers with their new Friends generally Sect. 53 seem to plead the Oath of Allegiance together with many other Oâ—ths in way of bar to the equity and lawfulnesse of the Parliamentary proceedings against the late King and to conclude all under perjury and breach of many Oaths who being under the bands of these Oaths have either assisted in or consented unto the said proceedings and posturing themselves upon this imaginary ground shake the dreadfull rod of such Scriptures over their heads as those which threaten perjury and swearing falsly 1. I wonder not a little how they come by a dispensation for perjury or oath-breaking themselves and that more palpable and with more-aggravating circumstances than they can so much as with colour charge upon others or in case they have no such dispensation but the guilt of the sin still cleaves unto them where they gat such armour of proof for their fore-heads that they dare charge perjury upon other men For to omit that which was formerly mentioned and hath been proved to their faces by others viz. the expresse breach of all the manifold Oaths they speak of by themselves in such a notion or sence as they charge the breach of them upon others in their fomenting countenancing abetting the late Wars against the King with other practices relative hereunto have they not violated the many Oaths wherein they sware obedience Canonical obedience to their Ordinaries as Bishops Chancellours c. who knows how often and that in the highest way of violation that lightly can be viz. by swearing point-blank against those to indeavour their extirpation yea and this without any declaring or acknowledgement either by words or deeds at least in publick of any unlawfulnesse in those Oaths or of any sin committed by them in the taking of them Nay they have solemnly sworn the extirpation of Prelâ—â—te c. contrary to their former Oaths for the maintaining of it yet have they been so far from acknowledging any sin in these former Oaths that they have at least some of them avouched the lawfulnesse of Episcopal Government and professed the ground of their swearing the extirpation of it was onely the inexpedience or inconvenience of it for this Nation I believe that neither the Parliament nor any cordial unto them in their proceedings ever transgressed any Covenant or Oath so much as in the letter or out-side when they judged the observation of them onely inconvenient and not sinfull May we not then retort those words upon themselves wherewith they causelesly strik at the honour and repute of his Excellency and Councel Be not deceived God is not mocked He knows how frequently you condemn that as a great crime in others which â— Repreâ—â—nâ—…n 〈…〉 â—â—g â—â— you would have accounted a virtue in your selves But God who is no respecter of persons alloweth no such rule But 2. As Peter Martyr well observes concerning the promisâ—◠〈…〉 P Mâ—â—◠〈…〉 cap. â—â— â—â—â—â— 5 of God that they are to be understood according to the present State and condition of things when they are made meaning that no performance of them is intended by God in case men shall decline from that integrity under which and in relation unto which such and such promises were made unto them whereof very many examples might be produced from the Scriptures so neither are the promises of men whether made with Oath or without to be so taken or understood as if the makers of them stood bound to perform the terms of them under any possible change or alteration whatsoever in the persons to whom they are made If I should promise and suppose bind my self by Oath by such a day to
doth more deeply pierce or wound the conscience under the guilt of sin than the rememberance of those great and many ingagements which God hath laid upon the sinner to abstain from all iniquity as there is nothing more sovereign or efficacious to preserve men from the perpetrating of sin under tentation than such a consideration or rememberance Gen. 39. 9 2. Sam. 12 7 8 9. Mat. 18 32 33. c. But I hasten Enough I presume with advantage hath before this been Sect. 83 argued to wash off the colour of this plea The proceedings against the King are not justifiable because he had no reasonable ground or means whereby to conceive or judge that his life could lawfully be taken from him for those crimes for which he was sentenced To omit severall other things which have received a just debate sufficient to reconcile this pretence with the sentence awarded against the King that the Law of God against Murtherers and unjust shedders of bloud so oft repeated in the Scriptures so fully explained and vindicated in this Discourse gave light in abundance unto the King whereby to see and understand that for those very crimes and bloudy perpetrations of which he was arreigned his life was obnoxious to the hand of humane Justice or rather of Divine Justice executable by the hands of men So that if he were ignorant of his liablenesse unto death for the misdemeanours committed by him it was Ignorantia Juris non facti which as Aristotle saith excuseth no man Besides the frequent cases and examples of Justice executed upon Kings by their Subjects obvious as well in the Records of Scriptures as in the Histories of many Nations a first-fruit whereof hath been presented in this Treatise were abundantly sufficient to give the light of this information unto him that if he sinned against the bloud of his people it would render him ipso facto a child of death Besides had he not defaced that writing which was written by the finger of God himself in the tables of his own heart here might he have read it in characters legible enough that he that unjustly takes away the life of another makes a present forfeiture unto Justice of his own Nor was the taking of the Protestation or National Covenant Sect. 84 by the Parliament and Kingdom after the Kings ingagement in bloud any snaâ—e upon him in this kind as ministering any sufficient ground unto him to conceive or judge that Kings might destroy the lives of their Subjects as they pleased without being countable unto the Justice of their Laws for the same It is contrary to all principles of reason or common sence to think that either the Parliament or Kingdom should do any such act which in the direct and native tendencie of it should either flatter or incourage the King in wayes so outâ—agiously destructive to their lives Liberties Estates as those were wherein he was now driving furiously when the Protestation and solemn Covenant were taken by them But such an Act as this do they pretend to be done by them who affirm that by their taking the Protestation and Covenant for the Preservation of the Kings Person after he had lift up his hand unto bloud they ministered a sufficient ground unto him to conceive either that for what he had already done in that way he was not obnoxious either to the Law of God nor to the Laws of the Land inflicting death but especially to conceive that what progresse or advance soever he should make in the same way yet they meant never to question him but to make the â—hoicest threasure of his life though he should make the â—â—seâ—â— dongâ—e of all theirs But the substance of this plea was formerly weighed in the balance and found too light when we clearly proved that there was no ingagement made by any man in taking either the Vow Protâ—station or Covenant for the Preservation of the Kings life or Person but onely conditionall that none of those conditions for there were more than one upon which the takers of any of the three became actually ingaged oâ— bound to the said Preservation were performed by the King And the truth is that all that was ministered by way of occasion or ground unto the King by those Acts of the Parliament and Kingdom lately mentioned was for him to judge and conceive 1. that they both affectionately desired his honour life and happinesse 2. That in case they could not procure or obtain them in conjunction with the liberties peace and safety of the Kingdom that they meant to provide for these whatsoever became of the other To draw towards a Conclusion of the present debate if Sect. 85 the righteousnesse of the Sentence passed upon the King be not impleadeable by the office of a King vested in him much lesse is it impeacheable by his innocencie Doubtlesse never was there any person under heaven sentenced with death upon more equitable or just grounds in respect of guilt and demerit As for Nerâ— Maximinus and other Heathen Tyrants though the letter of their guilt might possible be as deep or deeper than his yet the spirit of it was but light and shallow in comparison They wanted the light of that knowledge without which though men may be monstrously wicked yet are they not capable of admission into the Congregation of the first-born of sinners The King abounded with this light at least comparatively wrought in the face of it works of darknesse horrid works of darknesse Oh how great was the darknesse of such works Some rise up early to commend and praise him for his parts of knowledge wisdom understanding c. but do these men know that speaking these things they put him to the greater rebuke and justifie his Judges who condemned him so much the more That servant saith the great and righteous Judge of all the earth which knew his Lords will and prepared not himself neither did according to his will shall be â—eaten with many stroaks * Luk. 12. 47. Knowledge and â—â—derstanding are the great inhâ—â—nsers of sin and cause the foâ—â—ace of hell to be hâ—â— sâ—ven times hotter than ordinary But for the criminal demerits of the King which make the righteousnesse of the Sentence against him like unto the light at noon-day I shall not mention thâ—â— in words of mine own lâ—st I be charged with undue aggravations but shall present them in such â—â—â—ms wherein his best and most cordiall Friends at least in appearance and such who took hold of shield and buckler for his Defence in the time of his greatest danger have before me represented them unto the world M r. Prynne who in zeal to the Kings cause attempted to Sect. 86 shake Heaven and Earth and who because he could not with Joshua cause the Sun to stand still in the midst of heaven untill he had acted his part in favour of him procured in stead thereof the turning of a naturall night into an
artificial day made of candles for the design speaking of the King whilst yet his hands were but half full of the violence and bloud which were found in him at the time of his arraignment expresseth himself in the businesse thus What severe judgement may such Christian Kings expect from the God of Heaven who contrary to their own frequently reiterated solemn publick Vowes Protestations Imprecations MOST INHUMANELY DESTROY their own flourishing Christian Realms with fire and sword plunder pillage captivate slay MURTHER their most pious Protestant Subjects every where without pitie or remorse * Popish Royal Favoritie Epist to the Râ—ader pag â— Immediatly after If Ahab Jezabel with all their Royal Posterity were utterly cut off eâ—tirpated in a moment for countenancing Idolaters and putting Naboth unjustly to death onely for a pretended blasphâ—â—ie against God and the King of purpose to gain his single vine-yard then what will become of those Kings Jezabels and their Posterities who not onely cherish and protect many Romish Idolaters Priests Jesuites but likewise use their armed power to murther plunder ruin many thousands of innocent Protestant Naboths yea seize upon their whole Estates as forfeited under a pretence of Treason or Rebellion c. The Authour of these passages was not â—ender of arraigning the King as a Murtherer because he never murthered or sâ—ew any with his own hands The Prophet Nathan by Commission from God chargeth David with slaying â—riâ—â—â—ith the sword * Saâ— â—â— 9. though he was so far from slaying him with his own hands that he gave no expresse order or warrant to have him slain by others but onely to have him set in a place of danger in the battel with an intent that he might be slain by the sword of his Enemies Yea and David himself in his humiliation before God upon the same account prayeth to be delivered from bloud-guiltinesse * Psâ—l â—â— 14. To murther with the hand is too servile and small a game of wickednesse for Kings to play at He that murthereth with the hand must take pains and besides is like to be weary before he can dispatch many the way and Method of murther appropriate unto Kings is to murther thousands without striking a stroak and whilst themselvs take their â—ase onely by speaking a word or subscribing a Commission and in this sence the King may be said to have murthered many thousands of his poor Subjects even with his own hands inasmuch as he signed those Commissions by means whereof many thousands of them were murthered with his own hand as the late mentioned Autâ—our besides many others frequently chargeth him The best and most zealous Protestants both he Ministers People both in England and Ireland have been every where most cruelly Maâ—â—acred Pludered Tortured Imprisoned Ruined by the blood-thirsty Popish Cavaliers many of their houses and almost whole Towns fired and sackt by his speciall COMMISSION * â—â—pish â—â— voâ—â—â—â— â—p â—â— the Reader A little after since this unhappy civill War the Papists both in England and Ireland have been armed against the Parliament BY HIS MAJESTIES SPECIALL COMMISSION c. In another place he affirms that the Irish Rebels whom the King calls his good Roman Catholick Subjects in the Articles of Pacification were authorized by COMMISSIONS FROM HIS MAJESTY under the Great Seal now at last if not at first to take up Arms against all Protestants who shall not submit to this strange Pacification there after the bloudy slaughter and butchery of above an hundred and forty thousand innocent Protestants whose bloud must passe altogether unrevenged by the hands of publick Royall Justice and by SPECIALL COMMISSIONS as we are most certainly informed a very probable Argument they had not onely pretended but reall COMMISSIONS FROM THE KING at first for what they acted against the Protestants in Ireland are now sent for over into England where thousands of them are lately arrived and more daily expected to fight against the Parliament and Massacre English Protestants in their own countrey as freely as they did in Ireland his Majesty making base Irish moneys current in England by speciall Proclamation in favour of the Irish Rebels to be transported and made current Subjects here to MURTHER us By all these our whole three Kingdoms if not the very blindest and incredulous Malignants unlesse given over to a Reprobate sence must of necessity see and acknowledge that there is and hath been all his Majesties Reign till this instant a most strong cunning desperate confederacie prosecuted to set up Popery in perfection and extirpate the Protestant party and religion in all his Majesties Dominions which Plot now visibly appears above ground * The Popish Roâ—â—â—â— Fâ—vorite â—â—â— 39. The Commissioners of both Kingdoms spake thus unto the King in their answer of Jan. 13. 1645. Concerning the Personall Treaty by your Majesty there having been so much innocent bloud of your good Subjects shed in this War by your Majesties Commands and Commissions Irish Rebels brought over against the Parliament and Kingdom by your Majesties COMMISSION the War in Ireland fomented and prolonged by your Majesty whereby the three Kingdoms are brought near to utter ruin and destruction we conceive that untill satisfaction and security be first given to both your Kingdoms your Majesties comming hither cannot be convenient nor by us assented unto * See the Collectioâ— of all the publick Orders Ordinances and Declarations of both Houses in fâ—â— Append. pag. â—â— By the way these things considered with ten times more of Sect. 87 like tendency which might readily be cited from M r Prynne especially what he hath written concerning the Kings most solemn and avowed ingagements to the Pope avouching these for the root and spring of all our late troubles and blood-shed can he be looked upon as a person worthy to breath in English ayre or to tread upon Eâ—glish ground much more to sit in an English Parliament who in the face of so many pregnant circumstances breathing out nothing but certain ruin and destruction to the Peace and Liberties of the English Nation in case the King should ever have repossessed his Throne set himself with all his might called up his heart and soul all his parts Wit Learning Law and all that was within him to Re-inthrone him and that without the least colour or shew of the least touch of Repentance in him for those his most disloyall and disroyal enslavements and ingagements of himself to the Pope and popish Interests He talks at random of I know not what Jesuitiâ—all undermining projects swaying in all the consultations and proceedings of the Army and of the Armies being spurred on and ridden with a full carrier by Jesuiticall furies * The Substance of a Speech 〈…〉 by 〈…〉 c. but certainly those Counsels by which M r. Prynne and his Partisans were acted and swayed in their attempt to advance into a three-Kingdom'd Throne a person so deeply and desperatly devoted
that Kings have opportunities above other men to adorn their names and reputations with the choiest plumes of what wits parts or learning all most they please as if they were their own By that houres discourse or more with him whereunto both he I conceive as well as my self were rather importuned by others than led by either of our respective desires a few dayes before his death I found an experiment of truth in that common saying minuit praesentia famam i. What fame makes great presence finds lesse to be But to conclude for the bloud which he shed it is so far Sect. 90 from being the bloud of War in the sence of the Objectours i. such bloud the shedding whereof criminizeth not unto death that M r. Prynne himself Advocate to the said King in chief and who understands the Laws of the Land in this point sufficiently every where as we heard speaking of it cries out murther murther murther * See Sect â—â— Yea our Subscripturient London Ministers though Monarchicall all over frequently arraign him as we lately also heard under the name of a Tyrant and a shedder of innocent bloud which being interpreted amounts to M r. Prynnes murther murther murther Besides the bloud of Uriah which David shed by the sword of the Children of Ammon was in a sence the bloud of War for Uriah was slain in battell yea and that War wherein he was slain was lawfull on their parts at least who slew him for it was in defence of their Citie yet David by his own Confession * â—â—â—â— 1â— â— Pâ—â—l â—â— 14. deserved death for the hand which he had in the shedding of it notwithstanding No War but that which is necessarie honourable and just hath any Facultie or Authoritie to conferre the honour of innocencie upon the shedding of bloud in all others the sword makes as many murtherers as man-slayers Yea he that is the Architect and Master-work-man in raising an unnecessary or unjust War makes himself the first-born of murtherers and is responsible both unto God and men for all the bloud that is shed in this War If Kings might make War upon their Subjects when and upon what pretences they please and then be justified and acquitted from all the outrages of bloud and other villanies perpetrated in this War upon the bare account that they are perpetrated in War one sin might make an atonement for another yea one great sin a cloak and covering for many The late Wars wherein the King by the sword of those men of bloud who cast in their lot with him shed so much innocent bloud in the Land being causlesly and contrary to the frequent obtestations humble Petitions earnest Sollicitations grave Advisements of his great Councel the Parliament commenced by himself are so far from mediating for the bloud shed on his behalf that they open the mouth of it the wider and cause it to crie so much the louder for vengeance upon him and his both unto God and men For with how much the greater pomp and solemnity of preparations wickednesse is committed so much the more abominable must the perpetration of it needs be in the sight of God and of all serious and considering men FINIS A Brief REPLY To a Treatise intituled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 OR Might overcomming Right Published By M. J. GEREE a little before his death THe Authour since the publishing of this Treatise Sec. 1. having taken Sanctuary at the grave I shall so far afford him the benefit of this Sanctuary as his Book which yet liveth though it be dead too in a sence even whilst it liveth will suffer me without prejudice to the Truth As for all personall reflections and hard sayings in this kind whereof there are more than enough especially in so small a piece I shall bury them with him though it had been much better if they had never been born Upon the first comming out of this Book a person of much ingenuity told me that he had perused it without partiality and found in it much untoward language but no answer worthy the name of an answer to any of my Arguments I presume a like perusall of it will produce the same opinion in the mind of any other ingenious and considering man concerning it In which respect I shall not burthen my self or my Reader with any bulk of answer but touching some few particulars besides very lightly shall close somewhat more ingagingly with his Arguments or grounds which he layeth down pag. 12. 13 c. To clear it as he speaketh That the Parliament men restreined are in reference to the Souldiers sober in their right wits and true to trust and that the contrary Errours rest among their Oppressors Herein I conâ—esse lyeth the main point of difference between M r Geree and me if he can substantially prove that the Parliament men restrained were true to their trust in those actings and proceedings upon which they were restrained I am his Proselyte without any more ado my lines shall bow down at the feet of his We shall bring his Arguments to the test anon In the mean time I cannot but take knowledge in the first Sect. 2. place how his pen by stumbling at the thresshold presageth the nullitie of his Answer in the House For in his Title-page he calls his book A clear Answer to M. John Goodwins Might and Right well mâ—t Whereas M r John Goodwin never published or wrote any Treatise or piece so stiled For in the Title of that discourse of his which M r Geree here meaneth he doth not set Might before Right the Cart before the Horse but Right before Might and that upon this account viz. to overture in the Title of his discourse that the consideration which commanded in chief with the Souldiers when they appeared for the Kingdom against the destructive actings of some Parliament men was not the consideration of their strength or Power to make good their enterprise but of the justnesse and righteousnesse of the undertaking 2. Concerning his Dedication I cannot but by occasion of Sect. 3. it call to mind the observation of Hierome long since viz. how that Satan when he hath any Master-piece in hand which he is more then ordinary sollicitous to effect ad vetus recurrit instrumentum he makes his recourse to his old Instrument the weaker sex hoping to accomplish that by the mediation of relation and affection which by dint of Argument and manlike grounds of conviction he despairs of bringing to passe even as Incendiaries when they go about to set an â—ouse or a town on fire do not apply the Element by which they hope to effect the mischief I mean the fire to the stones or main timber in the buildings but to the thatch or other the lightest and most combustible matter near to them Our London Subscribers with whom we had to do in the former discourse are well versed in the depths of this learning 3. Whereas
he musters up those worthy names of men Mr. Sect. 4. Biâ—ield Cartwright Traverse Dod Bradshaw Jewell Reynolds Whitaker c. before those worthy Ladies to whom he applies himself in his Dedication with an insinuation that these men were of his opinion and spirit and would have protected Murtherers if Kings against the Law of God and the justice therein commanded to be executed by men upon this generation of evil doers and takes up an effeminate indeed a ridiculous lamenation over his Religion as if that were like to suffer shame by those men and those actions which are like to be a praise and an honour to it in all generations he doth both the one and the other in a regular comportance with his Design in his Dedicatees knowing that fabulous and light presumptions intermixt with some pathetique strains commonly do more execution upon Feminine Spirits than seven Masculine Demonstrations I have ground in abundance to suppose that had those worthy men he speaks of lived in these dayes and stood off as clear from that besotting interest of High Presbytery as some of them did from that of Episcopacy they would have found no fault at all in those persons or practices which it seems were the abhorring of M r Geree's Soul But why he should commend himself to his Lady Patronesses and in them unto the World as so Grand a sufferer under the Bishops Chancellours Courts High Commissions c. and not somuch as mention his sufferings under and from the Parliament which were much greater than any endured by him under the Bishops I cannot conceive unlesse it were to conceal the sore of his Malignancie for the noysomnesse whereof he was Sequestred from his living in Tewksbury that so he might not too much discover himself to be an Enemy to the Parliament at least in the former constitution and proceedings of it before the late garbling by the Armie inasmuch as such a discovery as this must needs have been a grand prejudice to his project in his Book But they who shall attentively read this Book of his will find not onely that he owneth not the Parliament at all in no constitution of it since the late King forsook it but that upon all occasions he â—â—ily reflects disparagement upon it as pag. 18. where he insinuates the Parliament into a Community of erring for depriving the King of his Power over the Militia of the Kingdom notwithstanding his exercising of this Power to the miserie and ruin of the Kingdom And had not his good friends in the Assembly out of a prudent apprehension that he though an Anti-Covenanter might yet befrind them at a back door baulked with their own Principles that I say not Consciences to gratifie him and make him free of the Presbyterian corporation without putting him to the Test of the company I mean the taking of the Covenant he had wanted the covering of a Church-living and so the nakednesse of his Anti-Parliamentarie Malignancie had appeared unto all men Whereas in his Preface he obliquely upbraids me as being Sect. 5. either through want of wit or honesty an Abettour to a prevailing Faction they that have but any competent knowledge of my Spirit and of the course I have steer'd in the world all the dayes of my vanity hitherto will I know be my compurgators from this imputation and testifie on my behalf that undue compliance with any Faction or Partie whatsoever whether prevailing or failing hath been none of my at least visible sins It is well known not onely to my familiar friends and acquaintance but I presume to thousands more how small and faint correspondencie I have or hold with that Faction as M r Geree counts Faction which dogmatizeth with me about matters of Church-government and which he looketh upon as prevailing My Interest in these men though it was never much considerable yet was it much more whilest they were the tail and the high Presbyterian Faction the Head than it hath been since the turning of the Wheel if yet it be turned or than now it is But whereas he advances this decision that confidence in a Sect. 6. dubious case doth argue either great shallownesse or deep prejudice arising either from doting affection or unworthy Interest I marvail that a man pretending to such signall abilities of learning judgement understanding c. as Mâ— Geree doth in this Tract should not Apprehend and see that this dart striketh through his own liver as well as mine For if the case depending between him and me be dubious and he every whit as confident as I am or lightly can be in his Determination and Judgement upon it which the Spirit ruling all along his discourse abundantly witnesseth then hath he given sentence against himself as a man either profoundly shallow or deeply prejudiced either through doting affection or unworthy Interest though for my part I apprehend no such Antipathie between shallownesse and prejudice whether arising from the one cause or the other but that one and the same earthen vessel may well be a receptacle of them both Yea I look upon prejudice as not occasionable either by Interest or affection without the influence of much shallownesse upon the production For what doth prejudice as well in the very Grammatical notation of the word as in the nature of the thing it self import but an immature act or conclusion of the Judgement as viz. before it hath had either time or opportunity or else the consent of the will to inquire out and duly weigh such arguments which according to the principles of sound reason are sufficient to raise such a Conclusion upon The Truth is that prejudice is as effeminate and weak a passion as is incident to the nature of man Whereas he magnifies himself against me as a man that had Sect. 7. discovered such weaknesse in the patronage of errour I make no question but that he who hath so much of a man in him as to consider duly before he judgeth will upon such an account judge my weaknesse as he is pleased to call weaknesse too hard for his strength and my Errour for his Truth Certain I am that the sence of some of those Parliament-men themselves yea some of the ablest of them whom Mâ— Geree accuseth me to have accused causlesly yea and of some others of their most judicious friends is otherwise Onely herein I confesse they agree with him pretending that I have as to the men onely accused but not made good the Errour objected But whether I have onely accused the Parliament Members and not made good the Errour objected or whether he hath not onely justified them without making good any ground of their justification in those particulars wherewith they are charged by me we shall in due time ingage not strangers or enemies but their own actions and counsels to determine In his right stating of the Question as he pretends he deals Sect. 7. unrighteously For 1. he supposeth some
the taking away of Episcoâ—acy root and bâ—anch * 〈◊〉 of the 〈◊〉 aâ—swâ—â—â—â— the 5 〈…〉 pag â—â— which the Parliament have ingaged themselves by Covenant and Oath to endeavour to the uttermost nor yet any sufficient provision for matters of Religious concernment †Ibâ—d pag. â—4 â—â— which yet hath alwayes been prescribed and urged upon the Parliament by Mâ— Geree and his party as the Primum quaerite in their accords and closures with the King By the way how shamelesly doth M r. Prynns pen over-lash in affirming that the King by these concessions hath fully and actually performed those two grand Conditions the preservation and defence 1. Of Mâ— Prynne Speech of Declar 4. 1648 pag. â—4 the true Religion 2. Of the liberties of the Kingdom upon which the preservation and defence of his Person and Authority are suspended by the Covenant as himself granteth By the Religion of another Kingdom condemning M r. Gerees Sect. 18 and Mâ— Prynnes judgement about the Concessions of the King I mean the Ministers of the Church and Kingdom of Scotland who in their necessary and seasonable Testimonie against Toleration concerning the Treaty in the Isle of Whight pag. 12. speak thus And doubtlesse the Lord is highly displeased with these proceedings in the Treaty at Newport in reference to Religion and Covenant concerning which they accepted of such concessions from his Majestie as being acquiâ—sced in were dangerous and destructive unto both This sence of these Ministers touching the said concessions of the King the late Scotch Commissioners in the latter of the two letters sent to the Parliament a little before their departure expresse not onely aâ— their own but as the sence of their Parliament itself also Their words are theâ—e Wherefore we do in the Name of the Parliament of Scotland for their vindication from falâ—e a persions and calumnies Declare that though they are not satisfied with his Majesties Concessions in that late Treaty at Newâ—oâ—t in the â—â—â— of 〈◊〉 eâ—pecially in matters of Religion and are resolved â—ot to crave his Majesties restitution to his Government before satisfaction be given by him to his Kingdoms yet c. Was not Mâ— Geree a substantiall and close Diâ—putant to take that for granted and as needing no proof the truth whereof two Kingdoms and that in their best capacitie of discerning doe not onely question but positively deny Nor could Mâ— Prynne lightly have uttered any thing more stigmatically and desperately reprochfâ—ll to the whole species and Order of Kings than in saying that the Kings Concessions were the largâ—st safest and beneficiallest ever yet granted by any King to his Subjects since the Creation But Secondly to the Assumption of M r. Geree's first Argument Sect. 19 I answer further that the Parliament men he speaks of were so far from keeping to their Principles Professions and Declarations in their endeavours to settle the Kingdom upon the terms he speak's of that herein they started aside like broken bowes from them The Parliament it self complains of their apparent defection in this kind Yet here again say they We were encountered with unexpected difficulties by the APPARENT DEâ—ECTION of some of our Members who not regarding the glory of God nor good of the Common-wealth but being carried away by base avaâ—ice and ambition did labour the bringing in of the King again with all his faults without the least Repentance c. * Declarâ—â— of the â—â—â—â— of Jâ—â— 15 â—â—â—â— Again when they endeavoured such a settlement of the Kingdom as M r. Geree speaks of did they keep to their Principle or Vote of no more addresses to the King as being a person uncapable of further Trust or to their profession of indeavoâ—ring to preserve the liberties of the Subject or of the â—xtirpation of Episcopacy or to that principle by which theâ— sometimes judged it necessary that some one Proposition at least for tâ—â— honour of the Tâ—eatours and for the security of the things treated for should be premized and assented unto by the King before any Treaty †â—eâ—â—he â—â—â—â— Dâ—â—lâ—â— oâ— Jâ—n â—â— â—â—48 pag â—1 or did they keep to their principle of bringing Incendiaries and Delinquents to condign Punishment or to their principle concerning the abolishing of the Kings negative Oath The clear truth is that in that attempt of setling the Kingdom which M r. Geree speake of they turned head upon all their Principles Professions and Declarations at once which at any time formerly they either held or made in true Conjunction with the Liberties of the People and Interest of the Kingdom Therefore with this Argument he onely beats the air instead of relieving his Clients Nor doth his second Argument turn to any whit better accommodation Sect. 20 unto them For to passe by the Major Proposition which yet without further explication is not too sacred to be touched the Minor is no Correspondent with the Truth The oppressed Members as his over-compassionate Musâ— stileth them did not in that act of settlement he speaks of proceed in a way to which they stood ingaged by many solemn and Religiâ—us â—ands no he neither doth nor can prove that in the â—aid Act or attempt the Members he speaks of discharged or observed any one solemn or Religious band to which they stood ingaged according to the legitimate and true import and intent thereof For neither did the Oath of Allegiance nor the Oath of Supremacy nor the Protestation nor the Nationall Covenant ingage tâ—em to preserve the Kings Honour Safety and Greatnesse upon any such terms the performance whereof should clearly involve them in a manifest disobedience to the Law of God as viz. that which inflicts the penalty of death upon the Murtherer and apparantly withall expose the Nation to slavery and misery which the reassâ—ming of the King into his Throne and Power upon his Concessions mâ—st needâ— have done as the Parliament it â—elf hath once and again declared yea and reason it self in conâ—ort with the experience of all ageâ— abundantly confirms But that theâ—e Members in their intended settlement of the Kingdom upon the terms magnified by M r. Geree did break many Solemn and Religious bands wherein they stood ingaged unto God and to the Kingdom is a truth â—icâ—â—r in evidence than to need proof They stood ingaged by such â—ands to the observation of the Law of God as well where it commands the punishment of Murtherers as otherwise to the Preservation and Defence of the liberties of the Subject to the Extirpâ—â—iâ—n of Episâ—â—â—â—cie â—â— the bringing of Inâ—endiaâ—ies and Delinquents to condign punishment c. all which bands with many more they bâ—â—â—â—â—â—d â—â—st from them â—â— theâ—â— compliance with the King upon his terms So that M r. Geree's clients are not yet recti in Curiâ He lifts up his hand yet again in their Defence and shews his Sect. 21 good will towards them in this Argument They that walk in a way suteable to
†〈…〉 as if he intended to make a dooâ— thereof by which the King might make a plausible if not an honest escape from his Concessions when he pleased 3 It hath been the Observation of many Generations that Kings never held themselves bound to keep any agreement made with their Subjects especially made in order to a composure of any differences between them further or longer than themselves pleased Many examples are upon record of the violation of such agreements by Kings but few or none of tâ—e Observation of them upon any other terms than those speciâ—â—ed â—â—â—istâ—â—â—n the second King of Dâ—nmark not much above an hundred years past driven out by his Subjects and received agâ—in upon new Oaths and Conditions broke thâ—ough them all to his most bloudy revenge slaying his chief Opposers when he saw his time both them and their children invited to a â—east for that purpose Maximilian the Emperour dealt little bâ—tter by the inhabitants of â—ruges after he was reconciled unto them yea though this reconcilement was procured and effâ—â—ted by the mediation of the Princes of Germanie and drawn up in publick writings sealed And as one well observeth the bloudy massacre at Paris Anno 1572 was the effect of that credulous peace which the French Protestants made with Charls the ninth their King * 〈…〉 p 4â— who likewise addeth that the main visible cause which to this day hath saved the Netherlands from utter ruin was their finall not beleeving the perfidious cruelty which as a constant Maxim of State hath been used by the Spanish Kings on their Subjects that have taken arms and after trusted them as no later age but can testifie heretofore in Belgia it self and â—his very year in Naples The same Authour likewise observeth very pertinently to the point in hand that David after he had once taken arms never afterwards trusted Saâ—l though with tâ—ars and much relenting he twice promised not to hurt him This dissembling of â—eâ—d till an opportune time for revenge was it seems even in Hâ—meâ—s dayes taken notice of as a principle familiarly practiced by Kings who upon this account makes Chalcas speak concerning Agamemnon thus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. A King when angrie with a meaner man Will have the better on 't For though to day He should digest his cholâ—r yet be can Reserve in brest on purpose to repay Wrath and revenge in due time afterwards The present Parliament likewise taketh knowledge of that unprincely Principle in Princes which we now speak of in their oft-mentioned Declaration of Jan. 15. 1648. pag. 12. 13. Hardly say they can any example be produced either forreign or domestick of any Prince once ingaged in a War with his Subjects that ever kept any agreement which he made with them longer than meer necessity did compell him theâ—eunto The eâ—amples to the contrarie are so many and so manifest and the late bloudy violation of the peace betwixt the Crown of â—â—â—in and those of Naples is so fresh in our memoriâ—â— as we cannot expect any Propositions agreed upon at the Isle â—â—â—igâ—t should bind the King more than Fundamental Laws and Coroâ—ation Oath besides his often Protestations and ingagements in the Name of a King and oâ— a Gentleman which He hath so often violated And though that Pâ—overbiaâ—izing Prayer of the Italians to be delivered from 〈…〉 a â—â—â—â—â—ened â— or strained â— wind and fâ—om a reconciled enemie too generally understood may well be conceived to trench upon the Principles of Châ—â—stianitie yet in reference to Kings and Princes it imports none other than that Serpeâ—tine Wisdom which Christianitie alloweth yea and commendeth unto hir children 4. If the Thrones of other Kings and Princes have been so â—â—â—â— 25 constantly haunted with the wicked spirit of Covenant-breaking with Subjects upon differences and discontents there was little hope that the Throne of such a King would be free whose Genius should inspire him with this saying that â—e never â—ad forgiven an injurie nor ever would Ex ungue lâ—onem 5. There was yet so much the lesse hope that the late King would have stood by his Concessions because he had so solemnly with so much Conscience such as it was resigned up himself if M r. Prynns story be true to the service of the Pope who first claimeth a right 〈◊〉 ower to dispence with Oaths and much more with all ingagements of an inferiour nature and 2 driveth an Interest altogether inconsistent with the reall and effectuall performance of the said Concessions by the King The words of his own letter to the Pope as M r. Prynne translateth them are these I intreat your Holinesse to believe that I have been alwayes very far from incouraging Novelties or to be a Partisan of any Faction against the Catholick Apostolick Roman Religion But on the contrary I have sought all occasions to take away the suspition that might rest upon me and that I will imploy my self for the time to come to have but one Religion and one Faith seeing that we all believe in one Jesus Christ having resolved in my self to spare nothing that I have in the world and to suffer all manner of discommodities even to the hazarding of my estate and life for a thing so pleasing unto God * 〈…〉 6. And lastly It was the confident sence of some very intelligent and sober men many years since from whom I received it upon a very good account for the Truth of it that upon the Execution of Justice upon the Scottish Queen in this Kingdom there entered a foul spirit of revengefull intentions against this Nation into the line Royall of that which as they suggested hath wrought accordingly ever since as well in the Father as in the Son though not with an uniformity of open vigour or violence the naturall temper of the one being more timorous and inclining to politick clandestine and underhand actings than of the other But that the mischief ruin and destruction of the English Nation was become the hereditarie ingagement of that Crown unto which it was subject till of late is conjecturable if not demonstrable by the foot-steps of so many State-actings from time to time of an uniform tendencie that way that a man must shut the eyes of his understanding very close not to see or at least not to be strongly suspicious of it And by this time enough I presume with advantage hath Sect. 26 been said to prove M r. Gerees sence touching the point in hand very anti-rationall viz. that the King had he been restored upon his Concessions would not have let out his spirit in a destructive way of revenge His temper spirit tenour of former actions resignation of himself Crown and Kingdom unto the Popish Interest his heiring an inveterate and deadly feud against the English Nation with severall other symptomes of like Prognostication with these proclaim aloud
the contrarie His fairer probabilities in the other side are but of a very washie and faint complexion I wonder what ample testimonie he ever gave of such a deep Wisdom as M r. Geree poëtizeth in him Himself insisteth upon no particular in this kind Nor I clearly professe do I know how to furnish him As for some wittie expressions plausible insinuations she evasions captious overtures dissembling pretences with never so many FINE DESIGNS of no better calculation than these he that will call dâ—â—tâ—s â—â— wisdâ—m declares himself to be but shallow The wisest â—â—adâ— that leaned to him in his late ingagements and troâ—bles hâ—ve from time to time more complained of his WILL than admired his wisâ—â—m and some of them in particular presaged that which hath since befallen him from his defective and unpoâ—â—tick managing his last and fairest opportunity in the Treatie at the Isle of wight And for that invincible patience and traâ—qâ—illity of spirit iâ— hâ—â— sufferings wherewith the fancie of this Authour seems to be so much ravished I must be beholding to him to â—end me his Faith to beleeve either the one or the other It is too well known how effectually the spirit of impatience and revenge wrought in him all along his sufferings during all which time his head was as a fornace or smiths forge which had alwayes these two irons in it an escape from his restâ—aint and a plotting mischief and destruction against his Parliament and Kingdom Yea whilst the last Treatie it self was on foot wherein the terms of his restitution were brought many degâ—es lower than in anâ— former Treatie they had been and indeed too low by far for an healthfull scituation to the Kingdom as was formerly proved yet did he relent nothing at all from the inveteratenesse of his spirit both against Parliament and Kingdom but was now as intent and active in giving Commissions and in other contrivements in order to the misery and ruin of those who sought his honour and peace in away of righteousnesse onely in conjunction with their own safety as at any time formerly he had been Are these Mâ— Gerees Symptomes of an invincible patience and tranquillity of â—â—irit in sufferings As for his experience which M r. Geree supposeth would have made him wary the truth is that men of will and revenge are of the worst temper and capacitie to learn wisdom of such a mistresse Experience of miscarriages defeatures losses c. seldom teach such men any better wisdom than to project and practice revenge upon such persons by whom they have been worsted from time to time with so much the more subtilty industrie and unrelentingnesse of spirit Whereas M r. Geree addeth that should the King have been Sect. 27 willing to have let out his Spirit in a destructive way of revenge yet â—e could not because his hands by these concessions were tied this conceit hath been weighed in the balance already and found light If he speaks of such an impotency in the King which is contra-distinguished to a legall or equitable poâ—er he saith very true that the King COULD NOT after his Concessions no nor yet before break out in a way of revenge In this case the saying is true Id taâ—â—ù◠possumus quod jure possumus But for the tying of his hands which he speaks of they were much faster tiâ—d by his Coronation Oath and his signing the Petition of Right besides many other bands as well of Religious ingagement as civil than by his late Concessions for the reason above specified And if whilest he was but a novice and young practitioner in comparison in the art of Oath-breaking and promise-waving â—e was so â—ar master of both as to be able to over-rule the strongest Oâ—ths and the clearest and most signall promises in order to the satisfying of his lusts and making way to his own ends is it imaginable after so great an obduration of conscience as by so long an habituated custom in both must needs be contracted by him that such Concessions as Mr. Geree speaks of so pretensible with arguments and pleas for â— lawfulnesse of râ—cesse or non-observance should be able to bridle or hold him in That which follows is but a puff of the same wind By Sect. 28 this recommodation saith he the Parliament would be reinvested in the peoples affections and any attempt of breach on the Kings part would carry so much ill in the face of it that the whole Nation would be ready to rise upon and pluck in pieces whosoever should be supposed to be either Counsellours or Actours in such a breach of Faith c. And the Militia being in the Parliamentâ— hands c. What intelligent man is there to whom such discourse as this seems not a ridiculous kind of utopianisme For 1. In case of a closure or agreement between the Parliament and the King the King would have been applauded and adored by the generality of the people as the Authour of all the satisfaction and contentment which should have accrued unto them thereby and the Parliament looked upon not so much as those who had procured their good at the last as those who by their unreasonable and unjust demands of the King formerly had obstructed their good hitherto The body and bulk of the people would have thought the whole and intire substance of all their affections a gift little enough to bestow upon their King the Parliament was like to have had little or no part of fellow-ship in the businesse The Son that had been long lost and at last was found had the fat calf killed for him 2 Had the King been re-invested in his Throne he would Sect. 29 soon have put the nation out of a capacity of rising up against him or any of this Instruments whatsoever either He or they on his behalf should have done though in wayes of greatest violence and oppression We know that whilest his Honour and power were yet under a great Eclipse and himself in durance he had a party in the Kingdom ready and able according to a rationall estimate of ablenesse or power to have done him the service of treading down the Nation under his feet and of breaking all his Opposers in pieces like a potters vessell yea and this whilest they had an Army valiant and faith full and for number not inconsiderable for a guard to them Yea had not the glorious God who loveth the righteous ingaged the Stars to fight in their courses against that party of his we speak of the work had been done to his hand the bones of the Nation in a way of all humane probabilitie had been so broken that it could never have stood up more to defend it self against him what yokes of Tyranny soever he should have bound upon the neck of it If then his influence was so potent upon his party whilest he was yet in so great an Eclipse and in disputable condition whether he should return to his Throne
or no as to spirit them with zeal and courage to attempt the shaking of the whole Nation for his sake to batter ruine and destroy both Parliament and Army and whatsoever should be found standing up against him what would his presence upon the Throne withall the raies of Majestie spread about him have been but as life from the dead unto them Or is it reasonable to conceive that He that had so many hands reached out unto him whilest he was dismounted and in no capacity of rewarding them to help him up into his Throne would having been once seated in the Throne where fields and vineyards and Captain-ships over hundreds and over thousands doe abound have wanted hands to have supported and maintained him in it upon what terms soever Was there ever a generation of husband-men heard of that were zealous in sowing and luke-warm in reaping 3. Suppose the nation or the far greater part of men in it Sect. 30 would have been ready to rise up against all such whom they had judged either Counsellours or Aâ—â—ouâ—s in any such breach of Faith on the Kings part as M r. Geree speaks of in respect of the generality of the people I mean in case the Kâ—ng contrary to his concessions should have fallen foul upon men no wayâ—s obnoxious to the hatred of the people for Religion yet it is an extreme weak Supposall to think that the Generality of the Nation would have acquitted themselves with such supererogating zeal in the behalf of such men whom they inwardly hate and look upon as the enemies and disturbers of their peace and the worst members in all their body Now these are the men men that are truly conscientious and that cannot swallow the morsels of the Common iniquity of the times and profanesse of the places where they live whom the King looked upon and that not without cause as the first-born of those who opposed him in his late insufferable encrochments upon the liberties and comforts of his people and consequently are the men either onely or chiefly with whose misery and ruine he was in travail yea and questionlesse might within a few dayes after his return to his Throne have found a time for an easie deliverance 4. And lastly concerning the being of the Militia in the Sect. 31 Parliaments hand it is of every whit as empty a consideration in reference to M r. Gerees purpose as the former First because the King and the Parliament as now the constitution of it was reduced and wrought about at least in respect of the Members sequestred who we know had a potent influence upon the house were no more two but one The Members we speak of had in works renounced fealty to the weal of their old Lords and Masters the people and were turned homagers to the Interest of the Crown So that in point of benefit or safety to the Common-wealth it was much of one and the same consideration whether the Militia were to be put into the Parliaments hand or the Kings If it were in the Parliaments hand one day it was very like to have been in the Kings the next But 2. suppose the Parliament in their united strength should have kept close to the interest of the people and managed it in due distinction from that of the King there is scarce an hairs breadth of probability but that the King having recovered the advantage of his Throne would in a very few dayes have made himself as absolute a Lord of the Militia aâ— ever he had been heretofore It was generally esteemed half a miracle when time was that S r. John Hâ—tham should make such a demâ—â—â—e as he did about rendering up the Town of Hâ—ll unto the King upon his demand and yet we know he was cajâ—ld afterwards with the inchantments of Majestie and Majestique proffers Where should the Parliament have found men through the Kingdom in whose hands the Militia might have been â—o much as probably secured to them from between the Kings smiles and frowns Parliaments themselves who have the bâ—st fooâ—ing of all others to keep their standing yet how proâ—e and ready have they been from time to time to â—ick â—â—â— dust at the feâ—t of Kings Many saith Solomon will intreat the favour of the Prince and every man is a friend to him that giveth gifts Prov 19 â— Besides it is but too well known of how weak a Constitution the trained bands in the respective Counties generally were and ready to arm with the King though against themselves and their own peace Moreover as we reasoned lately if the King whilest yet he was sitting upon the dung-hill â—ound Men and Arms enough for he wanted no numbers of either to lift him up into his Throne though both a Parliament and Potent Army with all their Interest and power forbâ—d the Elevation questionlesse had he been advanced and once warm in his Throne accommodations in both kinds would have flowed in much more abundantly unto him He that had no want of Friends in adversity was it like prosperity should impoverish him So that as well one as the other of Mâ— Gerâ—â—s conceits first that the King though â—â— had been able yet would not have let out his spirit in a way of revenge â—econdly though â—e had been willing yet â—e would not have been â—ble are both â—â—â—â—ably frivolous and importune There is no reason worthy a conâ—idering man but â—o think thaâ— he would have â—ound both will enough in himself and power enough in others to have aveâ—ged himself on the Nation those especially whâ—m â—â— looked upon as his greatest Opposers had he regained the opportunity and advantage of his Throne And thus I suppose the premisses considered we have Sect. 32 bâ—ought â—orth this Conclusion into aâ— clear and perfect a light as any the Sun shineth at noon-day that there was a very great and formideable Necessity lying upon the Army to liâ—â—â—â— both â—â—â—rt â—â—d hâ—â—d to that great wâ—â—â— of 〈…〉 Parliament into a capacity of shewing mercie to the Nation by freeing them from the sad incumberance of such Members whoâ—e counsels and proceedings in the House obstructed them in that good work and threatened apparant miserie to the land Yet for a Conclusion give me leave to light up a candle or two whereby to see the Sun I mean to give a furthâ—r account of the primogeniture of that Necessity which aâ— far aâ— thâ— credit oâ— Authority of any thing whatsoever known by the Name of a Necessiâ—y extendeth justifieth the Army in that commendable and yet withall so much condemned an action First besides the declared and known intentions and resolutions of the Members â—equestered to bring in the King upon his own terms or Concâ—ssions the Army I understand had steady inteligencâ— that the said Members or at least the Grandees the active and leading men amongst them had resolved the very next morning after the rub they met with to have Voted the disbanding of the
side that even Christian Kings Princes Magistrates must in no wise forcible resist the Tumults Rebellions Insurrections and Persecutions of their Subjects because they are Christians as well as Rulers and in this regard equally obliâ—ged with them not to resist with arms much lesse then their Parliaments forces lawfully raised for the publick Defence so on the contrarie part it follows not that therefore resistance is either unlawfull in it self or that the Parliaments present resistance is so For first such resistance being no where prohibited as I have formerly proved their bare Opinion that it was unlawfull to them cannot make it so to them or us in point of Conscience since God hath not made or declared it so Secondly the Primitive Christians held many things unlawfull in point of Conscience which we now hold not so he might have added nor have any sufficient ground so to hold Of which assertion he makes proof by â—â—â—dry particular instances which the Reader may please to peruse at his leasure Sovereign 〈◊〉 of 〈◊〉 c. pag â—â—â—â—â—â— 142 1â—â— 144. I suppose the Doctours Tertulliâ—nisme is â—ufficiently and with advantage balanced by the discussions recited from the two pre-mentioned Authours whose learning and Authority I rather chose to make use of for his satisfaction because of the friendlinesse between their judgements and his iâ— the case of the late King 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. Hâ—m â—â— â—â— An admonition from a friend Is likest to obtain it's end All my Contests with the Doctour hitherto have been levied and managed in justification of my Intellectuals against the imputations of his There is onely one more remaining wherein I shall plead the innocencie of my morals and demonstrate the unrighteousnesse of his in their criminations For pag. 6 of his humble Addresse c. he chargeth me with flatterie yea with such flatterie the very mention whereof was matter of amazâ—ment and horrour unto him besides many other eloquentiall aggravations But that I may not make my Accuser more unrighteous in his accusation of me then he hath made himself I shall transcribe the words of his charge as himself hath drawn it up in the place mentioned Having recited some passages and expressions of mine concerning the Army and some of their late actions which I shall have occasion presently to mention he commenteth thus The laâ—genesse and exâ—rbitancâ—â— of thesâ— expressions I was my self so amazed aâ— that I cannoâ— but mention them to you by the way aâ— matteâ—s of horrour which likâ— the peoples acclamation to Herod or the Lycaonianâ— to Paul and Barnabas if they beget not in you a just indignation with the latter may very probably bring the fate of the former upon you to be eaten up with worms after you have been thus terrâ—fied now that you have no other visible enemy but your selves and such Flatterers c. For matter of morall deportment I confesse I have not heard of any thing wherein the Doctour hath so abused his name and Reputation not to meddle with his Conscience as in this â—ycophantrie or false accusation But herein God hath shewed me the Grace and Favour which very frequently he sheweth unto his servants as heretofore I have observed in case of accusation and charge by men which is so to blind and order the calâ—mniating spirit in their Adversaries that it shall not see or take notice of their true and reall infirmities or failings but seek their deâ—amation by laying such things to their chaâ—ge which are most contrarie to those virtues or commendable Principles and wayes that are most signally eminent in them For the truth is my Conscience bearing me witnesse that of all un Christian and un-manlike mis-behaviours there is a peculiar Antipathie in my Genius and Principles against the sin of flattery and all unworthy compliance with great Persons Which Principle though it hath kept me from honour and preferment in the world yet hath it abundantly recompensed that inconvenience otherwise nor do I intend to sell it of to recede from it at any rate whatsoever And as for the Practique of Flattery and all undue Applications to the Greatnesse of this world I presume all that know me and the maâ—ner of my course and conversation will very freely be my compurgatours But as there is a great abhoâ—â—encie in my temper from Flatterie so I confesse there is a strong and vigorous propension to vindicatâ— worthy and honourable Actions by whomsoever performed whether by shrubs or Cedars when I find them in distresse I mean under obloquie and reproch by the tongues or pens of men In the managing of this Principle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 it is very possible that my pen being warm maâ— rhetorize a little on the right hand which hath alwayes been counted a very â—â—niall Deâ—inquencie by ingenuous men But concerning those expressions of mine which the Doctoâ—r Sect. 7. very unworthily and withoâ—t cause chargeth with â—orrid and amazing Flatâ—â—â—ie with Flatteri portending Herods fate of scolâ—cobrocie to the Lieutenant General and his Councel of War unlesse they reject it with indignation if he had read them with a sâ—â—gle eye he would have found them nothing worse than wâ—â—ds of sâ—beâ—nesse and of truth The first expression the â—xorâ—iâ—ancy wheâ—eof so much amazed him was that I pretend to demonstâ—ate the Honour and Woâ—th of the Armies Actions I wonder by the mediation of what topique axiome the Doctour will be able to reduce this expression to an import of Flatterâ—â— much more of any amazing or horrid Flatterie To speak of a Demonstration of tâ—e Worth and Honour of such Actions which indeed are worthy and honourable was never doubtlesâ—e untill now deemed Flatterie If he conceives that in this expression there is Worth and Honour insinuatingly ascâ—ibed unto these Actions and means that this is flatterie it hâ—d been time enough for him to have taken up this conceit when he had substantially proved the said Actions to have been neither worthy nor honourable But hic labâ—r â—oc opus est The â—econd Exprâ—ssion which it seems was accessary to that â—ad effect mentioned in the Doctours phantasie is that I lift the Army up to a blessed Victory of overcoming evil by doing good The truth is I do not lift up the Army to any such Victoriâ— though if I should or could lift up not onely the Army but the Doctour himself also and all his Friends thereunto I should neither flatter them nor indanger or hurt them otherwise I onely wish the good will of him that dwelt in the bush upon the head of such Warriours who pursue that blessed Viâ—torie of overcoming evil by doing good Now to pursue such a Vicâ—â—rie as this doth not necessarily suppose it as already obtained by the Pursuâ—rs See Philip. 3. 13. 14. Doubtlesse my wish of the good will of God upon the head of the Army doth no wayes endanger them of being eaten up with â—orms much lesse such â— wish relating indifferently
to it Fesâ—us making so much the greateâ— treasâ—re of this supposition because it well comported with his Honour and preferment in the Roman Staâ—â— The confidence of truth in his own Religion augmented by the love which he bare to it for the commodiousnesse of it unto him in the things he much desired occasioned him without the least scruple to conclude and judge Paul mad to preaâ—h a Doctrine so contrary to that supposition of his as the Doctrine of Christs sufferings and other main grounds of Christianity was When I consider the Doctours education from his youth up to have been in that way of Religion which may be called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the deep-devout serving of Kings and their Interests and further how promising and to a first-fruits performing this Religion had been unto him I doe not much wonder nor take any great offence that he should so positively conclude all such Doctrines erroneous or mad all such persons and practises highly irregular which strike at the main pillars of this his Religion to cause it to fall It is seldom oâ— never found but that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 As for M r. Jâ—nkins my Antagonist when I have any competent reason to judge that he writes either that by way of Argument which himself knows not how to answer or that in way of report which himself beleeveth to be true I shall think him worthy an answer when he writes But having very sufficient reason from his late writings to judge otherwise of him in both particulars I shall commend the Answering of his Arguments to his own judgement â—nd the confutation of his stories to his own Conscience FINIS Faults escaped in some Copies Pag ◠〈◊〉 â—y for they wanâ— read the wanâ— of p â— l 24 for wherein to r. wherein to p. 17. l. 14 for geâ—â—â—lisme r gentilisme l â—6 for alâ—eneâ— r alâ—ens p. â—â— l 20. dâ—lâ— that p. 25. l. â—5 for â—â—â—rve p. accrue l. 3. for shew r. shews l. 4. for own r. ownes p. 2â— l. ulâ— for alâ—â—â—â— p 35 l 3â— for all r. at all p 46 l. â—â— for convenâ— r. conveâ— p. â—â— l â—â— for put r putts â— â—6 after been r. to their respective takers p. â—0 l. 30. fâ—â— â—mperour r. Governour p. 82. l. 31. â—â—le and p. 85 l. 22 for over r. over and over p â—â— l. 40. dâ—le the p â—2 l. 1â— for boâ—h r â—aâ—th p. 105. l. 38. aâ—â—eâ—â—ion p. 107. l. 39 for 〈◊〉 tenouâ— p. 10â— l 19 for the r that l. 30. after neâ—â—â—â—iâ—y â— p 109. l 41 for livery r. livery p 120 l. 35. for from r. â—â—â—me p 125. l. â—8 for in r. on p. 12â— l. 31. for withall r. with all p. 131 l 29. for â—â—cked r. â—â—â—ed p. 132. l 28 coâ—â—â— after deâ—iâ—eâ— not before p. 133. l. 26. for Treaties r. treaticeâ— p 134 l 1â— for â—ealâ—y r. reality p. 1â—6 l. 19. for oâ—â—â— r. once and p. 1â—â— l. â— for answeres â— answer l. 1â— for the r. that p. 138 l â—â— for their r these l 36. for their Authority r. these Authorities p. 139. l. â— for theâ—â— r. these p. 141. l â— for terrified r deâ—â—â—ed l. 4 after way l. 1â— after conscience p. 14â— l. 4 for Liâ—utâ—nant r Lord. p 143 l 5. after with commâ— l. 24. after fulsome r. and l. 25. for no r not l â—â— dâ—lâ— and p. 144. l. 5. after friends l â—â— for liberty r. liberties p. 11â— l. 14. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 coâ—â—â— p. 140. l. 25. for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Some other lighter mistakes are about pointings parentheses c. which Reader is desired to pardon and amend Postscript Let this following passage â—e read in to Sect. 32. of the first Treatise at the end of the said Section pag. 35. Nay suppose the House it self had been accessary to their detainment and approved the fact of the Army therein neither would this have devested them of their compleat Parliamentary capacitie The two Hothams Father and Son being seized upon by some of the Parliament forces upon suspicion of treachery without any warrant or direction from the Parliament the fact was generally approved by the Parliament than in being nor was there the least muttering or question made of any irregularity contracted by the House thereby By the way this Act of the Parliament in justifying and approving the said Act of their Souldiers I mean the seizing and violent detainment of two of their Members without any warrant order or direction from them onely upon suspicion of treacherie doth as far as any Parliament Authority extendeth clearly and fully justifie the Army in their securing by a strong hand such of their Members as were of late secured by them upon the like presumption or suspicion though without any particular or expresse order from the House And they who with Master Geree Master Prynne and some others condemn and reproch the Army for this fact offer no whit better measure to the Parliament it self in it's best at least in it's most unquestionable Constitution For if it were lawfull yea and commendable as the Parliament in that capacitie we speak of adjudged it for one party of the Army to lay hold on and secure two of their Members onely upon suspicion of treacherie without any speciall warrant from them it must needs be as lawfull yea and as commendable â—or another party of this Army to do the like by others of them though more in number upon the like grounds If one Judge upon suâ—â—icient evidence may give Sentence of death against two murtherers another Judge of the same capacitie may upon like evidence give a like Sentence against five Offendours are never the more priviledged by Law for being many That the grounds of suspicion upon which the Army of late proceeded to the seizure of their prey were pregnant and strong enough to bear such an Action hath had I presume proof and demonstration in abundance in the second Treatise besides a former intituled Right and Might well met
can oath or promise bind any such people to obey and maintain Tyrants against God and his Truth known but if rashly they the people have promoted any manifest wicked person or yet ignorantly have chosen such an one as after declareth himself unworthy of Regiment over the people of God and such be all Idolatrous and cruel persecutors most justly may the same men depose and punish him that unadvisedly before they did nominate appoint and elect * The appelâ—… The Author of the book intituled Lex Rex full of solid â—ec 67. learning and variety of reading supposed as was before intimated upon very pregnant grounds to be M Samuel Rutherford maintains many positions in this Tractate of a close confederacie with the mentioned oâ—â—nion of M r Knox as That the King is the servant of the people both objectively and subjectively * Pag â—â—7 That the consciences of Inferior Iudges are immediately subordinate unto God not to the King either mediately or imediately That an inferior Judge may put to death murtherers as having Gods sword committed unto him no lesse then the King and though the King command the contrary * 〈…〉 That the Sanedrims not punishing David Bathsheba Ioaâ— was but a fact not a Law * 〈…〉 That resisting of Kings that are Tyrannous and patience are not inconsistent * 〈…〉 That Christs non-resistance hath many things rare and extraordinary and so is no leading rule to us * 〈…〉 â—15 That Davids not invading Saul and his men who did not aim at Arbitrary Government as subversion of Lawes Religion and extirpation of those that worshipped the God of Israel and opposed Idolatry but only pursuing one single person is far unlike to our case in England and Scotland * 〈…〉 34â— 3â—3 That if a King turn a Parricide a Lion and a waster and destroyer of the people as a man he is subject to the coactive power of the Lawes of the land * Pag. 344. That Kings are but vassals to the State who if they turn Tyrants fall from their right * Pag. 404 To omit very many others of the same calculation with these Hugo Grotius as great and learned a Royalist I believe as ever took hold of shield or buckler in the defence of Prerogative yet acknowledgeth that there are seven cases wherein the people may have most reall action against the King to accuse â—…nish him What the particular cases are the Reader if he please may find in the last mentioned Discourse * Pag. â—â—â— Yea Master Prynne himself having related out of Sozomen and Niâ—ephorus the Story of Jâ—lian the Emperours death reputed to be slain by a Christian Souldier of his own Army and the fact of the Christians at Antioch who for this murther instituted a publick Triumph Epiphonemas it thus A pregnant Evidence that even the Primitive Christians on whose examples and practice our Antagonists so much depend though to no purpose as I have elsewhere manifested held it not onely lawfull for them to resist but even in some cases to flay a peâ—secuting Apostatizing Tyrant bent to subvert Religion Laws Liberties as may be further evidenced by Constantine the Great his aiding the oppressed Christians and Romans against the Tyranny and persecution of the Emperours Maxentius Maximinus and Liâ—inius even with force of arms with which he conquered these persecutours in sundry open Battels fought against them at the Christians earnest importunitie * Soveâ—eigâ— Power of Pâ—â—â—â—nd Kâ—â—gdomâ— Append â—o the forth pâ—â—t p. â—â—6 â—â—7 I should multiply quotations from other Protestant Authours Sect. 68 of the same character and tendencie with these already cited by which the constant Judgement of Protestant Divines in the Question in hand would appear to be quite contrary to what the Representers most unworthily affirm it to be but that others and that of late have laboured so abundantly in this service If the Ministers will please but to peruse their Clerico-classicum or Alarm to a third War pag. 31 32 33 34 35. they shall find a Constellation of many Stars in the Protestant Heaven clearly shining forth light opposit to that darknesse which they either so ignorantly or contra-conscientiously attribute to them Whereunto if their desire of a Reformation in their Judgements in case their miscarrâ—age issued from hence will so far serve them and hold out as to joyn the like perusall of a few pages viz. 23 24 25 26 27. in another book lately also published by J. M intituled The tenure of Kings and Magistrates doubtlesse they will retract that ignoble and unclerk-like assertion wherein they affirm that their inhumane Tenet whereby they cannot but encourage Kings to turn Tyrants to commit murthers rapines and all manner of abominations that Tenet of theirs I mean wherein they deny unto Kings the help of that bridle for the ruling of their lusts more needfull for them than for any other sort of men the fear of death by the sword of civil Justice upon any occasion whatsoever to have alway been the constant Judgement and Doctrine of Protestant Divines both at home and abroad Onely for a cloze to the point in hand and to convince them if it be possible and they not as yet 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sect. 69 that when they wrote the words last mentioned through a mistake they wrote their Interests in stead of their Consciences I shall briefly present them with the Judgement of two home-Authours more in the case the one being one of themselves in both the Subscriptions the other as cordiall unto them as themselves in the case in hand and whose Judgement in the businesse cannot lightly be more unknown unto them than their own The former of the two is M r. Christopher Love who intitles himself to the Pastorage of Anne Alders-gate as well in the Vindication as Representation but since meeting it seemes with better â—asturage hath voided that title for the unprofitablenesse â—f it a man who I know counteth it no robbery to be both a Protestant and a Divine Doubtlesse this man did not judge it neither can he judge it now to be the constant Judgement and Doctrine of Protestant Divines at home whatsoever he might conjecture of theirs abroad that Kings upon no occasion in no case whatsoever might be put to death when he preached first out of the Pulpit at Uxbridge to a few and then out of the presse to all the world that the late King was the Troubler of England as â—chan was of Israel subjoyning It was the Lord that troubled â—chan because he troubled Israel Oh that in this our State Physicians would resemble God to cut off those from the land that have distempered it Melius est ut pereat UNUâ— quâ—m unit as * Englandâ— Dâ—â—tâ—mper a Seâ—â—â—n preached at Vâ—bridge before the Commissioners appointed by the Parliament â—â—â—â—â—at with the King there by Mr Lâ—vâ— pag â—â— Did the man crie out Oâ— to have that
I took this Oath to take it in his sence upon such teâ—ms much leâ—â—â— having taken it that I stand bound so to keep it Suppose thâ— sence of those who made the solemn League and Covenâ—nt of which M r. Geree speaks was that the clause concerning the Preservation and defence of the Kings Person and Authority was to be preferred in a case of a competition before that which concerns the Liberties of the Kingdoms or the bringing of Incâ—ndiaries and Delinquâ—â—ts â—â— câ—ndignâ— punâ—â—â—â—ent or agâ—â—â— that these words subjoyned in the former of these two clâ—uses â—â— the preservation and defence of the true Religion and Liberties of the Kingdom do not import a condition to be performed on the Kings part to bring the taâ—â—â—â— of the Covenant under the obligation thereof for â—he 〈◊〉 and defâ—â—â—â— of â—â—â— Person c. but have some other â—â—yâ—â—icall â—eaninâ— â—â—…r the Covenant-â—â—kers themâ—elves but no wayes coâ—â—oâ—â—ing with the plain and direct importance of the words my conscience doth not teach me that I stood bound either to take or keep the Covenant according to either of these sences whether intended or not intended by the makers But there neither was nor is any place for such a dispute as this nor yet for that question which M r. Geree in this place puts upon me in asmuch as the Parliament when they injoyned the taking of the Covenant expresly gave libertie of Interpretation within compasse I suppose of a regular construction of the words to those that were willing to take it So that M r. Geree doth but beat the air from place to place and seldom or never lights upon his adversary unlesse it be with opprobrious and unmanlike terms In which respect I judge it not an ingagement worthy the Readers pains to follow him in his answer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but shall hasten towards a conclusion by the way of his Arguments whereby he seeks to argue the Parliament men disturbed in their way by the Army together with their Parliamentary proceedings into so much worth and honour as to render that act of the Army not onely indefensible but demeritorious also in the Highest Through tendernesse or fear as his own words pag. 14. Sect. 1â— seem to import of exceeding in matters so clear that no man but himself personally and partakingly considered can see either reason or truth in them he abridgeth himself of the liberty of levying any more than onely 4 arguments in order thereunto two of which notwithstanding are like Pharaohs two dreams for matter of import onely one but for matter of truth none at all yet such as they are being the two formest of the retinue let us give them the preheminence in point of examination The former of the two advanceth in this form Those that keep to their Principles Professions and Declarations made when they are confest to be sober in their right wits and true to trust must needs be judged to be so still The Parliament men who indeavour the setling of the King and Kingdom upon his large Concessions keep to their Principles Declarations and Professions Ergo. The second presenteth it self in these words Those that proceed in a way to which they stand ingaged by divers solemn and Religioâ—â— bands they are sober in their wits and true to trust The oppressed Members proceeded in a way to which they stood ingaged by many solemn and Religious bands Ergo. I shall not take any advantage from the severall peâ—cancies Sect. 17 in point of form which are apparant more than enough in the former of these arguments to say that M r. Geree was not his crafts-master in making syllogismes because it may be it was onely the extraordinary intensnesse of his mind upon the matter that occasioned a mindlesnesse in him of the form I shall cope with him about the matter of his argument And here I cannot but take notice by the way how fain he would steal an hypothesis or ground to make his weak argument stand with some seemingnesse of strength He would have it quietly and without the leaâ—â— noyse of a proof supposed that the Kings Concessions at Newport were very large large enough to settle the peace and safety of an unâ—etled distracted and half destroyed Kingdom nay of three Kingdoms upon For in his loud pleading the bad cause of his Assumption he doth not so much as whisper the least word for the credit of this supposition But it may be that Mâ— Prynne and he had compared notes together the sence of the said M r. Prynne concerning these Concessions being this that they were the largest the safest and beneficiallest ever yet granted by any King to his Subjects since the Creation * Mâ— Prynne Epist 〈…〉 hâ—â— Sâ—â—â—ch of Nov ◠〈◊〉 with I know not how many Rhetoricall that I say not ecstaticall encomiastiques heaped upon their heads besides †Pâ—◠〈…〉 Speâ—ch It may be M r. Geree believed half of what M r. Prynne aâ—firmed and this was sufficient for his purpose But the best is we have the Reason of one Kingdom and the Religion of another to balance the confidence of these two mens imaginations about the largenesse of the said Concessions First the Parliament of England which is the Reason of Englâ—nd declares that the Propositions themselves which were made to the King at the Isle of Weight were such as if they had been granted and kept of which they say there was no probability yet would but have returned the people again to their former slavery of which assertion they give a very sufficient account in the words following for asmuch say they as by these propositions neither this Parliament nor any succeeding one was put into a capacity of ever being able to make any good Lawes the King being still suffered to continue his negative vote so long opposed c. * 〈◊〉 of â—â—â— 15. 〈◊〉 If the Propositions themselves had they been granted head and tail from first to last and kept as liberally as granted amounted to no more than to the re-enslaving of the Kingdom what may we think those partiall and cautionary concessions of them by the King as large as his two Champions would make them were like to have profitted the Kingdom Unlesse the old adage should administer some hope to us in this kind 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The half sometimes is more than is the whole Thus then we see that the Reason of England makes but coals and that upon a very demonstrative account of those Concessions of the King of which M r. Geree with his Royall Assistant Mâ— Prynne makes such treasure These men crie up adore the largenesse of them whereas the other who have calculated the dimensions of them with far more exactnesse and skill complain of the narrownesse and scaâ—tinesse of them as comprehending neither the abolishing of the Kings negative vote and thereby no competent or tolerable provision for the liberty of the people nor yet