and the best men are but men at the best subject to the faults of the irascible and concupiscible faculties 5. That to assume a Government without a title and to act beyond Commission to the destruction of those whom they should preserve is all one in reason and so King James that Phoenix of his age for solid learning agrees that there may be a Tyrant as wel by male-Administration as he that comes in by Conquest To speak of the several Conquests that have been made in this Kindom by the Romans Saxons Danes and Normans as also whether William the Conqueror came in upon his Remittor by ancient title I judg impertinent but this is clear as Chrystal that our Ancestors did voluntarily submit to Kingly politick Government that if the Conqueror were a Tyrant for want of title the subsequent consent of the people made him or his Successors lawful Kings being equivalent to an election as Leah by an after-consent became Jacobs lawful wife though he was mistaken in the marriage and an error in the person nullifies the Matrimony And the act of our Predecessors is as strong and binding to us as if it had been our own personal consent A Law being the act and deed of the body politick in Parliament voted by the whole Kingdom as the whole men sees hears instrumentally performed by the eyes and ears Pan. anglium Pan Aeâ—olium Pan-Sicilium The first Paâ—liament wherein by intendment every man woman and child is vertually present by representation or else a statute could not bind them and a Law binds not only their makers but their successors for Corporations never die as the River of Thames keeps thought name the new waters perpetually succeed And though it be not so clear when this consent was given yet we find that King H. the 1. Beaucleark youngest son to William the Conqueror in the 16. year of his Reign called a Parliament at Salisbury which I do not conceive so much to be derived from the French word signifying Freedom of debate as Parliamentum quasi pariam Lamentum the Complaint of the People when there is any difference between the King and his Subjects his Majesty gives them leave to choose out of themselves whom they please as Arbitrators or Vmpiers to determine the matter wherein the Subject thought himself secure that he might choose his own Judges and this was but equal because the King chose the Judges of the Law and though it doth not appear that this agreement between the King and people was reduced into writing because that easy coâ—servatory of printing was not then invented yet who knows but that it was written and since defaced or Imbeziled for my part I cannot imagine our Ancestors to be so â—rrational that they would ever agree that any man should raign over them as their lawful King by their ful consents but upon this condition that when they found themselves oppressed and burthened his Majesty should be obliged to call a Parliament and to agree to such Laws quas vulgus eligerit as the Parliament should present unto him for their happy Government and not to dissolve them till they had done the business they were intrusted to do for the good of the Kingdom for Parliaments never dye intentionally and why may not such an Agreement be lost As we know the Records of many Statutes are not to be found yet it is written in the heart of every understanding man that so it was for how irrational is it to imagine that the King was not bound to call Parliaments 36. E. 3. c. which by Statutes ought to be every year or oftner as need shal require and if the King might disolve them when he pleased what fickle things were Kings what vain things were Parliaments and though it have been strongly objeâ—â—ed that when things have been wel setled the King is to have the negative voice in making new Laws though not in expounding the old because a Kingdom may subsist without making new Laws but not without executing the present Laws I say that the objector is defective in stated Policy for the alteration or enacting of new Laws is as absolutely necessary as to execute those which are made a Kingdom may be as wel undone for want of the Kings negative voice as for not executing the Laws already establish't for the wisest Parliament cannot foresee what wil be best for the Common good the next year Such Exigencies of State may happen and I observe that what hath been objected by the Kings late party to the contrary hath been that the Law is otherwise but words are the least part of Reason that which Mr. Jenkins writes is most true according to the Authorities which he vouches but what Authority is it some of the Judges of the Common Law very good by whom were they made Judges By the King How came they by their places The Eccho is buy them for until the statute of 5. E. 6. All judicial places were generally bought and sold as Horses in Smith-feild for a cheif Iustices place it may be 10000. hath been given and how long to continue during the Kings pleasure was it safe for them to argue for the Liberty of the Subject against the Kings Prerogative the Temptation was very great to be for the Kings side in all Arguments besides Parliaments have been discontinued and short-lived for my own part I do not much value his judgment In a question of prerogative who holds his place at the Princes pleasure for to stand to my own judgment or the judgment of him whom I elect is much alike yet as there have been in all ages some that have stood for the Honor of Christ and resisted unto the death so there have been some that have argued for the Peoples Liberties Bracton saies Rex non habet parem in regno suo nisi Comites Fortesâ—ue Barones et communes in Parliamento et hanc potestatem a populo effluxam Rex habet Another that Rex est singulis major universis minor that the King hath no Peers in his Kingdom but the Lords and Commons in Parliament that the King is greater then any Subject but less then all his Subjects and that he derives all his power from the people Fits Herbert and Shelley that the King is servant to all his Subjects set over them for their good and this is the voice of right reason 't is impossible to imagine that ever any man should have the consent of the people to be their King upon other conditions without which no man hath right to wear the Diadem for when the first Agreement was concerning the power of Parliaments if the King should have said Gentlemen are you content to allow Me my Negative voyce that if you vote the Kingdom to be in danger unless such an Act pass if I refuse to assent shal nothing be done in that case Surely no rational man but would have answered May it please Your
God is a King in heaven alas Mr. Jenkins speaketh too meanly and lowly of the Kings prerogative both in those Incommunicable Excellencies of Infinitness and divine perfection as also his Majesties power and perpetuity that by a non obstante he may dispence with a statute Law a pure invention to set the King above the Law I thought thus that seldom did any man refuse to be a Bishop or a Judg and when I read those cases that it hath been often adiudged that the King could do wrong I conceive the meaning is that the King should do no wrong a letter wil much alter the case for I find that when smal offences and trespasses are not punish't a reason rendred that the Law regards not smal things the book to warrant it carrys the sense that the Law reckons not the minuts and the odd hours which make the Leap year and I find Mr. Jâ—nkins though certainly a man deeply learned in Law Cases and in the Histoâ—ical part of the laws I wish he had so wel studied the end of Government which is the welfare of the people vouching Authorities by the halfs for where he says that Bracton says the King hath no superior or equal but God he omits what the book adds unless it be the Lords and Commons in Parliament and so a man might as wel argue that our blessed Savior said hang all the Law and the Prophets because he said upon these two Commandments hang all the Law and the Prophets When I read that the King may pardon murder specially if the word murder be not in the pardon I find it contrary to Scripture and therefore take it to be no Law and when I read that the King by his Prerogative may make a 20. s. piece by Proclamation to go currant for 40. s. or to be worth but 6. d. I conceive this to be against reason and so against Law worse then that abominable project of brass money as the Honorable Commons were pleased to call it for if I have 20. s. in my pocket and the King may proclaim this to be worth but 6. d. then may he take 19. s. and 6. d. from me and then where is the liberty of the Subjects Therefore I conceive that the Kings Prerogative in moneys is for the wel ballancing of trade and equallity of exchanges between us and other Nations in case that other Forraign Kingdoms or states should inhanse or debase their moneys the King may do the like for the good of this Kingdom that our moneys be not exhausted and drawn out of the Kingdom if it should be much dearer here then there but the purest fallacy that I have met with is that how can the Parliament grant a pardon to others when themselves sent to the King to New-castle for a pardon as if a General pardon which is usually granted at the end of every Parliament should prove the Parliament men guilty of all the offences thereby pardoned A general pardon which is in effect as an act of Oblivion supposes no particular man guilty but tollit reatum quoad mundum but a special pardon pre-supposes the offence and must be pleaded and so reason speaks it out that the King hath no Prerogative whereby to hurt the people but wholly for their good save only in matters of honor and pleasure and in a favourable construction of his Grants to be construed according to his intention and not deception which Priviledg every Subject in reason ought to enjoy and I wish heartily that his Majesty may enjoy all his ancient and undoubted Royalties and Prerogatives that are according to Scripture and right reason besides which there is nothing that can judg between a Prince and his people but the sword and let his Majesties Honor be superior by many stories then it was for the preservation of the Kingdom in all things not injurious to the Subject which his Majestie saies is all that he desires and God forbid he should have any less but let him not have power to hurt his Subjects for he that by Law may do so though he were the best man living yet he is a Potential Tyrant and his Subiects may fear him but they can never love him and the conceit of such a power is enough to spoyl the best Prince living I know some Hispanialized Courtiers and Common Lawyers that having rested in the Letter of the Law not looking into the true meaning of it have made his Maiesty beleeve that the Parliament have done him wrong and taken away his Forts and Castles from him What reason can Mr Jenkins or any man give why the King may not as wel command all the money in the Kingdom as all the strength in the Kingdom or all the horses in the Kingdom in order to the Militia As the Pope commands temporals in order to spirituals for money is the sinew of War Whereas his Maiesty was never intrusted by the people against themselvs but against forraign forces and that I take to be the meaning of the Oath of Supreamacy which was intended against the Pope that the Pope is in no sort head of the Church other meaning I know none in a spiritual way but civilly and so it was declared by that gracious Queen Elizabeth about the 13. year of her raign which is or ought to be printed For did ever any rational people put the sword into the hands of any man to have the point of it turned against themselves that 1 Sam. 8. proves that Kings are to fight the peoples battels not the people to fight their quarrels and if it be obiected that the King never intended to hurt the subiect with their own sword I answer that that is all one if the people say otherwise for they must iudg because al the people cannot meet together therfore the Parliament must judg for not to argue the point concerning the power of the Militia which is but to argue whether a man be bound to kil himself Put the case there were 20. men travelling together in a dangerous wilderness they intrust one as a Captain to carry the sword to defend them against all assaults coÌ„mand them in order to their best safety and make him Governor at last they are of opinion that this Cap. intends to betray them they intreat him to redeliver the sword he promises to be faithful to them now in this case if there were no apparent ground of jealousie and distrust the 19. are to be blamed for their levity disloyalty but yet this Governor is bound in justice and common honesty to restore the sword and not to make a war against the 19. to reduce them to obedience for if they wil be destroyed who can help it God doth not save any man against his wil but of unwilling makes him willing nor must a Kingdom be saved against their wils a Prince is not to lead his people by their noses but to open their eyes to see their own
as one of the most necessary works to be done in this Kingdom and that wherein there wil appear much opposition and if it be not suddainly done it wil not be done in this Generation our Laws are actually or potentially the best in the world for if any thing be amiss the Parliament may reform it according to right reason which is the soul of al humane Laws without exception no Law ought to live longer then the reason of it continues away with all bugbear objections and after Naseby fight lets never distrust God for any thing I mean let us have such Laws as are not directly against Scripture and for which some reason may be given besides the course of the Court for that for which probable reason may be rendred on both sides is not fundamental as the eldest son to inherite the whole estate certainly there ought in all reason some provision to be made for the young Children if the Father make none for them in his live time but true it is that many positive Laws are fundamental secundarily to alter which would be ful of danger and inconveniences unless it were most evident that great utility would thereby arise and accrue to the Kingdom but that is not my present work something I intend concerning Government in general rules by which no man can conceive himself prejudiced as by general rules of Physick no wise man can expect to be cured 1. That the people girt the sword about the King the King says our Law books is the fountain of honor and it is true for the peoples good therefore doth the King make Judges and Magistrates great that they may not be afraid to do right and justice to their brethren so that indeed the state confers honors by the King as the King gives the Alms by his Almoner they presume that the King wil make no Lords but such as shal be an honor to the Kingdom in whom the Kingdom shal be preferred the Judges Robes are for the Kingdoms good to strick a terror into offenders if the Kingdom or the Parliament which is the state contract can justly except against those which are honored that is if they by their greatness oppress the people and Lord it over poor men the honor ought not to continue for all Priviledges and Preeminences are forfeited by abusers no Priviledg which is a private Law must oppose Publique welfare Indeed nothing done without the states allowance is allowable that is nothing against the fundamental good of the people and truly the main end of Parliaments is to supervise the Publique Magistrates to see that Ministers of justice be just and execute justice impartially If Kings did always prefer good men and conferr the great offices of trust and judicial places upon the most idoneous and best men in the Kingdom which are Infra Causam meriti that best deserve them there would be the less need of Parliaments I mean officers of the Kingdom for there are officers of the Empire for the Administration of Publique justice and officers of the Emperors as his Domestical servants answerable to our distinction of the Kings natural Capacity and his politique Capacity art is always the perfection and never the destruction of nature Let me but humbly observe a little defectiveness in state policy concerning the Kings Councel That the Regal heires have not in their princely education Tutors to instruct them in that which most concerns the good of the Kingdom which is Councellors to acquaint them in the fundamental laws of the land how improper is it that the Kings Counsel should be least of Counsel with his Majesty but by per-audience to gain other Clyents and be ingaged in other mens business when they should be attending his Majesty stil presenting the law before him which is the golden rule of justice Judg Fortescue holds it necessary for the peoplâ—s happiness that the King see with his own eys what is for his peoples good that so he may reward the most vertuous the Frâ—nch King is enioyned to pray so much every day to be exemplary to the people how happy would it be if the nobles and Grandees of state would study that fundamental and true end of Government which is the wâ—lfare of the people The young Prince of Persia hath 4 Tutors for Religion as many for the Law but 2 for Martial Exploits for they said for the King to know how to ride the Great horse is but half as good for the Subiects as to know the law by which he wears his Crown and one Tutor for every moral vertue patience courtesy temperance chastity c. 2. Not to argue whether we live under a Government mixt and co-ordinate or simple and subordinate 't is a common Tenent that the Empire France and Spain are merum Emperium England Sweden Denmark and Poland a mixt Empire the Venetians a pure Aristocracy Holland Geneva c. Jurisdictio sine Imperio that of the 6. Kings that be in Christendom Franâ—e and Spain have too much power Sweden and Poland too little for their title England and Denmark just enough to make themselves splendid and their people happy All agree that the King cannot make a Law without a Parliament and I cannot but exceedingly magnifie the mixture of the 3. estates the superlative trust by Law is in the King Lords and Commons 't is but loss of time to look back into the power of the Bishops for 't is not much above 100. years since there were Statutes enforced for the Popes supreamacy yet so as if the Lords and Commons perceive that the King by evil advice undermines the subjects liberties to the manifest indangering of Salus they must then necessarily suspend the operation of that mixture as when 3. men are to cary a weight if one plucks back his haÌ„d the other 2. must bear it for the consideration of publick utility is always equivalent to a necessity Causae necessitatis util tatis aequiparantur in Jure and therefore it is an error to say the people do not trust the right honorable Lords because they do not choose them Their Nobility was acquired and is continued by noble actions those noble Peers that have not deserted the Parliament but continued faithful and adventured their lives and honors for the publick safety deserve eternal praises and in the multitude of such Counsellors there is much safety to this Kingdom for all true Honor consists in vertuous endowments and their improvements the principal whereof is faithfulness to the Kingdom expressing their honorable endeavors after that in works of mâ—rcy justice peace and love The King is ever present by his power the Lords present in their persons and the Kingdom represented by their choycest members who are impowred for themselvâ—s and the whole Kingdom so the whole Kingdom is figuratively present by a part taken for the whole therefore the words Commâ—ssioners or Arbitrators or Feoffees in trust of exceeding their power and such
the Lords and Commons and some others is much to be commended O but how difficult a matter is it to get a motion in some places of Justice if a man could be dispatcht after four or five attendances it were brave and that which is most lamentable 't is all one if a mans Client be a prisoner whereas a politick Judg would ask at his first sitting Is there any motions concerning life or liberty or dower for Widows or Orphans and dispatch poor men first them that can spare most Fees let them tarry I know one that hath been assigned Councel for 26. Paupers could never be heard or above four or five of them 't is a po nt of great â—ngenuity in Lawyers to mâ—ve first for hiâ— poor Câ—â—nt without his Fee I have heard many of my leaâ—ned Masters that they would freely move for any poor man as often as he should desire if it mâ—ght not hinder them fâ—r their other Clients 't is a gallant spirit trulâ— though it be tâ— commend our selves yet 't is a truth and a man may commend himself to be coâ—manded and imployed as David did but some are lâ—ke Rocks and wil not be moved What do you to me with your Paupers at the latter end of the day When God knows he came two or three hours before the Couâ—t was sate What! do you think all to be heard As if we came nâ—t to be hâ—a d buâ— to hear others 3. That free people in their right wits never covenanted against the Law of God o Nature nor meant to inslave themselves to the lusts of one or more whom they elected or consented to be their Governors for the end of Governâ—ent is the welfare peace liberty safety propriety and all kind of haâ—piness of the people were it nâ—t for which there would be no end of Governors nor Laws nor can a Kingdâ—m be bound to any condition destructive to any of her own Members Law is but the rule safety is the and of Government now the end as it is first in intention so it is always more noble then the means for the means as means is always inferour to the end as he for whole sake a garment is made is more honorable then the rayment so health anâ— strength are the chief principal ends of dyet food and physick being the means therefore are inferior so are all Governors subservient to the peoples welfare as it is declared in that most excellent Declaration of the 17. of May 1646. whâ—ch deserves to be ingraven in marble Pillars that the welfare of the people is the suprem Law salus popâ—li is the end of all ends for whose sake all positive Laws may be ended and must expire like dead men for the Law is but Lord of particular persons thâ— Câ—â—munity is Lord over it nay theâ—e is no Law of Gâ—d that stands in competition against the safety of the people sacrâ—ficâ— must do homage to mercy the morality of the Subjects must be suspended to save the life of a sheep how much more for the welfare of the shepâ—erd if it be lawful to brâ—â—k the 4. Câ—mmandment in the Lettâ—r of it to save a mans life how much mâ—re lawful is it to dispence with the fifth Commandment to save the lives of milâ—â—ons all must stay and Lady Salus must first be secured the Letter of the Law must not be killing to the people a whole Kingdom can no more be â—uâ—ject to a dead letter then the Romans to their own slaves and as the Romans being a people full of generosity and courtesie never more exprest â—heir gentle disposition then by easie condescending to let their bond men at liberty so our Worthies in Parliament can never do a work more glorious then to infranchise this Kingdom in their souls bodies and estates for which they shal deserve immortal praises Q But hath not the Parliament an unlimited power and Authority Resp What agreement was between the Counties and the Knights of the Shire and the Corporations and Burgesses when Parliaments were first called no man can directâ—y say for my own part I do beleeve that there was some foâ—mal agreement reduced into writings what power the Kings and Burgesses should have and specified in the Indentures of return made betweâ—n the Sheriff and Electors and the Knights and Buâ—gâ—sses which trust the Parliamâ—nt men from tâ—me to time faithfully discharging and Contribuâ—ing to all Taxes and Charges out of their oâ—n estates the people at last were contenâ— to leâ—ve all matters indefinitely to their Knights and Bu gesses and in many Burrough towns there was scarce a man that could write in those days but the matter is not great for thâ—t which limits all Kings and Councels is the end of Government which is the prosperâ—ty of the people and all agreemâ—nts are presumed to be made for the welfare of the people No unnatural thing can be presumed Authoâ—ity is a challenge of obedience legally by such as are impowred by any people Power to speak properly is an ability to put that Authority in execution now all power in the people which they wel knowing were not so careful as they might have been to set limits and boundaries to Auâ—hority becauâ—e the strength remaining in themselves they could never imagine that any Governors would Command them to destroy themâ—elves and therefore these Arguments about seizing upon the Milâ—tâ—a and forts of the Kingdom are weak and invalid if the meaning be any other ways thâ—n this that it is Rebellion for any or many private men to resist the King and contemptuously to oppose the supream Court of the Kingdom because they are less then his Majesty but that both Houses of Parliament can commit Treason acting for the good and by the power of the Kingdom is to argue that a man may commit Treason against himself and that a man is bound with his right hand to cut off his left hand things which nature abhors Q. But what if a free people should make a general Letter of Attorney to some Governors to make what Laws they please against nature and humanity May not a man tye himself to a post as the old Usurer that would bind the young heir to a Table Resp I answer the authority is voyd and revocable for no power can be given that is destructive of humanity Q. But what if the Governors wil not let it go but act accordinly for Domination is a sweet morsel not easie to be parted with R. I answer that in such a case the peâ—ple are bound by the Law of God and Nature by force to redeem their liberties they which be impowred must be overpowred for free men can give away their freedom no further then as it conduceth to justice universal and paticular Phaâ—aohs Law to destroy all the Israelitish males or Herods cruelty or Lycurgus Law to kill all weak or old people or a Law to eat but twice a week doth any man question but these may
Redintegratio Amoris OR A Union of Hearts between The Kings Most Excellent Majesty the Right Honorable the LORDS and COMMONS IN PARLIAMENT His Excellency Sir Thomas Fairfax and the Army Under his Command The Assembly and every honest man that desires a sound and durable Peace accompanied with speedy Justice and Piety By way of respective Apologies so far as Scripture and Reason may be Judges By JOHN COOK of Grayes-Inne Barrester The falling out of lovers is the renewing of love London Printed for Giles Calvert and are to be sold at his shop at the black spread-Eagle neer the West-end of Pauls The principal matters are That 1. NAture is of Gavelkind Tenure 2. All lawful authority is derived from the people who cannot by any Covenant inslave themselves 3. Good Kings raign by Gods approbation Tyrants by his permission till the people can free themselves 4. What Law is what Rebellion is 5. That Anarchy is better then Tyranny 6. That in quiet Kingdoms much Iniustice is to be suffered rather then to oppose the Governors till it be insufferable and then it is ne resistance of authority because God never did nor man can give any such authority 7. Some Scriptures answered and such reverence to be given to divine authority as to beleeve that there was a reason for every thing though we cannot reach it 8. That Bishops for Religion and some former Judges in point of Prerogative are of equal credit 9. What undâ—d Lord Keeper Littleton and others 10. Twelve politick Judges to execute quick and cheap Justice requisite to felicitate this Kingdom with an Expedient for it 11. Essentials not to be lost for Formalities 12. The Law and the Prophets to be rather studied then law and profit 13. A Cause at first as plain as a bul-rush comes to be as hard as an oak 14. That Parliamentum is parium lamentum and that Kings originally agreed to refer the peoples complaints to whom soever they would choose and that Parliaments never dye intentionally 15. The mixture of the three estates commended yet if one of three oâ—ligors fail the other two must pay the debt for Justice must be dâ—nâ— 16. That the Judgment of Parliament is inevitable for all positive Laws by vertue of the fifth Commandment 17 Kings are not less free by reason of Parliaments no more then men are less safe upon Pauls for the Rails 18. To question the Justice of the Parliaments Cause is to doubt whether Protestant or Popish be the true Religion 19. Yet so as the King had some colour for what he did in Gods Ordinance which the Parliament if they should break trust have not and his late party adhering to the letter of Scripture and some Law cases Touch not mine anointed c. had the same colour as Papists for transubstantion by This is my body 20. Mr Jenkins easily answered and Dr Fearns matter combustible 21. Reasons to induce his Maiesty to beleeve that the Parliament did nothing but in discharge of their great trust without which they could not have answered it to the Kingdom and that his Maiesty would frame arguments for that purpose 22. That the Parliament would conceive that his Maiesty acted according to his present light for the satisfaction of his Royal Conscience his Royal Allies and many of his people at home would frame arguments for his Maiesty besides that the Law lays all the blame upon his evil Counsellors 23. That this is a principal expedient to beget a right understanding and endeared and loyal Affection between his Maiesty and people 24. How his Maiesty is head of the Church and one Argument for his Maiesty when the several Parliaments in England and Ireland present acts for establishing of the Protestant and Popish Religious severally what his Maiesty is to do and that the King of Poland swears to maintain both those Religions 25. That the Lords are intrusted by the people though not elected as Guardians of the Kings Contract with the people and that all subordinate Officers are to mind the duty of their places more then the desires of those that preferred them 26. Two things in the House of Commons questioned the Members not being sworn and their not Administring oaths and Answered 27. The Lords supplicated to be indulgent to tender Consciences being exempted from the Presbyterian discipline 28. Three Ordinances begg'd 1. Redemption for our poor brethren slaves to the Turks 2. Liberty for poor Prisoners that are ready to starve 3. Some speedy course to abate the price of corn least poor people be famish't 29 An Apologie for the Armies not disbanding who have bin true to the Covenant and seek nothing but for what they first ingaged and have been the breath of many of their nostrils who would not have their breath in the Kingdom 30. The Declaration against them a Nullity the Revocation of it a great honor to the Parliament and Army What spirits the Armies opposers are of 31. The two great expedients for a substantial settlement of the Kingdom Reformations in Courts of Justice and Liberty for tender Consciences cannot as mens interests now stand be effected without the Continuance of the Army 32. That the main interest of this Kingdom is to be as zealous for the Protestant Religion as Spain is for Popery 33. The Interest of all honest men is speedily to Vnite specially for Gods people 34. That the difference was not whether the Kingdom should be Protestants or Papists but Protestants at large or strickt Professors 35. That should the Army disband til Liberties are secured they would be a ludibrium to all the world and culpable of all the sufferings of Gods people 36. Some late Arguments against the Parliament answered and the Honor of that high Court in all things to be maintained so as the Honor of God do not suffer nor the peoples liberties destroyed 37. No man to grow rich in a time of Civil War Nor usury then to incur some Vsurers within the statute de judaismo and a provision that there may not be a begger in Israel 38. God wil not suffer any good Governors to be destroyed so long as they Administer Justice but t is dangerous for the supream Court to deny the people their Just Liberties 39 Forreign Negotiations against Protestants and the private Interests of some which are contrary to Publique Liberties are Grounds for the Armies continuance 40 Religion introduced by blood every where but in England a Prophesy concerning the sword to that purpose therefore truths which cost dear are to be loved 41. That war is lawful to defend Religion not to promote it that the sword maybe imployd for Religion as the servant of justice 42. Who are the hinderers of Irelands Releif and how Antichrist with his left hand may fight against his right 43. That H. 7. did wel to kil R. 3. and long may his Royal race inherit in our present Soveraign Lord King Charles and his princely Progeny 44. The Author
loves the Assembly yet conceives that Liberty had been long since setled but for them who make the smal differences between the Conformists and Reformists wider 45. The absurdity of that Common Argument that if Independents be permitted then Papists must Errors in Religion to be tolerated but not against Religion 46. That there are more differences between the Papists then are in this Kingdom therefore we are to spend our wit upon them and our love upon Protestants Pope Joan in the dark as good as my Lady 47. A moderate Presbytery commended for restraining vice and for external beauty but a rigid Presbytery dangerous to this Kingdom men wiser in the South then in the North the danger of Coactive violence in matters not fundamental 48. Whether it be as lawful to fight for Christs Kingly Office as for his Priestly Office and whether Christians may presume of Gods extraordinary power in case of Arms without an extraordinary warrant 49. What Liberty of Conscience is desired and that natural men know not what belongs to spiritual priviledges and what use may be made of the late Common-prayer-book 50. A request to the Assembly to become suitors for just Liberties and to the Army not to mingle their interests by any means with those that shal oppose the High Court of Parliament Redintegratio Amoris OR A Union of Hearts between The Kings Most Excellent Majesty the Right Honourable the Lords and Commons in PARLIAMENT His Excellency Sir Tho. Fairfax and the ARMY under His Command The Assembly and every honest Man that desires a sound and durable Peace accompanied with speedy Justice and Piety AFter a shower how glorious is the Sun The War being ended what endearments should there be between all true-hearted English men When hands are tyed the great business is to unite hearts 'T is the wisdom of State when the heart of War is broken to deal Honorably with the Conquerors and gently with the Conquered 'T is the glory of a State as wel as a man to pass by an infirmity and far more noble to forgive him whom thou mayst kill then to kill him whom thou mayst forgive The Title of this Treatise I hope will please every man but such as feed only upon poyson which creatures soon after break in pieces that are grown rich in a time of poverty or fear a Day of Account before the Day of Judgment some only can fish in troubled waters the matter of it I hope wil relish wel to wel-tempered pallates that have the salt of reason for my own particular it hath ever been my hearty prayer and what I have prayed for I have ventured to write for though I know very few that have gained any thing by the Press besides their own contentment but hard censures but he that is wise when men are fools is true when they are lyars I am not in love with my own conceptions and yet will father them that they be not illegitimate and the mother conceiving them is a single heart as an English man the subject is weighty and many ticklish points but strong affections may be discerned by weak performances and I hope men are more merciful then formerly those that love wil excuse let others bring reason for reason I am satisfied to give the Reader rational satisfaction I must dig deep for these precious truths for taking too much upon trust and that to be reason which only looks like it hath occasioned our late mischiefs And 't is as hard to make some men beleeve the Truth as it is to disswade others from Errors Wherein as it is said of Errors that to reduce them to their first original is to refute them bastards love any discourse but to hear of their originals so in all matters of Reformation by the Interven-of the Sword the foundation Root highest wel-spring fountain end and grounds of all government is in the first place to be sounded fathomed and discovered which under favour have been the great defect in many writers in this late Comâ—â—stion that speak of obedience to higher powers of the unâ—awfulness of resisting and of the Rights and Liberties of the people◠〈◊〉 drawing from the Fountain but following the streamâ— of former Authorities and practises of other times which have â—he â—â—â—â—â—nance of example but not the least force of a Law 〈…〉 striving to know by the Causes why such a Government is appointed or Law is made as by the effects that so they find it to be Which Impolitiques is the Reason why there are so many Practises to be reformed in Courts of Justice the Judges finding the course of the Court which they say makes the Law to be so they never look further at the reason why it is so for if they did but consider the end and primary intention of all Laws viz. the execution of justice which consists in giving every man his own they would rather dispence with 10000 formalities and niceties in Law then neglect the doing of justice rather suffer all the courses of the Court to be broken and shivered into attomes then suffer one poor man to be undone by a mispleading or Error in the proceedings for justice is of moral and of perpetual equity but the course of a Court is but Ceremonial the Ceremonial Law of God always gave place to the moral when it appears fairly to the Court that the Debt is due or that the Plaintiff hath title to the Land if there be as many Errors and mistakes in the pleadings as there are stars in the Firmament the Judg must break through all forms to make the Plaintiff master of his right and to object matters of form and confusion is but to tyrannize over poor men that are not able to buy Justice and to be more careful of the shoo then of the foot that wears it Resembling herein the stranger that admiring the height of St. Marks-Tower in Venice thinking the Foundation could not be deep by reason of the water was very studious to know whereupon so goodly a Fabrick stood the people said it was so but how it came about was for the Senate to know the reason they troubled not themselves about it but I must dig deep for this precious truth and go to the ground of the point which being â—ound in the groundsels the building is not to be suspected and I conceive 1. That by nature all men are born alike free as we hold all by Frankalmoign so nature is Gavelkind tenure and there is no power natural but parental further then every man doth expresly or implicitly impower other men over him and every Father is a King in his own family Abraham Isaac and Jacob in Canaan had no Government but Domestical Parental or Proparental And though I cannot agree with Learned Charron that the Jews had power of life death over their Children which he would prove by Abrahams offering up Isaac which he supposes Isaac being about 25. would not have
Majesty we shal use all dutiful means to procure Your Royal Assent but if You still refuse we mst not sit still and see our selves ruined we must save the Kingdom without Your Consent though we hope not against it But then saith the Obiector where is the Kings power I answer nothing at all diminished his Maiesty hath more power then he can imagine for the preservation and happiness of the Kingdom which is the end of all Superiority but nothing for the destruction and desolation of the people we say God is omnipotent and yet he cannot sin nor do any iniustice shal we say that the Kings power is diminished because he may not hurt the people or that a man is less in health becaus he hath many Physitians to attend him nothing less for 't is impotence and weakness to do hurt and iniury but the King is impowred for the good of the people true but he may not say that is for the Kingdoms good which they say is for their hurt what I do for my own good I may undo Methinks this should satisfie every noble Prince let my Subjects in Parliament propound what Laws they please for their own security 't is a great ease to me if the Laws be not good they may thank themselves if they be good the honor is mine my consent being as the Master-builder that gives the form and life to the Architecture and if the Subiect suffers I cannot be blamed but if the contrary should be Law what miserable things were Subiects who wil trust his own father with his life And who can be merry if a King or Governor may divide his head from his body or him from his dearest relations by imprisonment or otherwise when he pleaseth but here lies the root of all our misery we take all for gold that glisters every thing to be reason that looks like it and every case to be Law which we find written in our Law books whereas Law is reason adiudged in a Court of Record where reason is the Genus the Court makes the difference from extraiuditial discours which may be rationally yet is not legally iust if it be not reason the pronunciation of 10000. Judges cannot make it Law no more then the Venetian Madonnas can by their huge high heels in reality add one Cubit to their stature as for example 't is a Max me in Law that the King can do no wrong therefore if he kill or ravish 't is neither Murder nor Felony I say 't is against reason therefore against Law for if the King may kill one man he may kill one hundred and what Courtier dare give any faithful advice when the King may without controul kill him or strangle him and so not be guilty of blood as the grand Turk that having promised to spare a mans blood caused him to be strangled and so shed no blood or something like the case of the Duke of Glocester by King H. 7. this was acknowledged by the Tyrant who having a mind to kill his brother his Chancellor told him he might not by Law commit Fratricide but saith he is there not a Law that I may do what I please and let but Mr Jenkins answer whether those Judges whose Authorities he vouches were not of opinion that whatsoever the King did it is in Law no offence and then all that he hath written or can write against the Parlâ—ament wil not bear the weight of a feather and I humbly intreat all indifferent men that read books more for satisfaction then a desire to contend for any party but to answer me this question Why should there be any more credit given to the opinion and authorities of the Judges specially such as payd dear for their places in matters of difference between the King and his Subjects in point of property then there was to the Bishops for matter of Divinity were they not both the Kings creatures alike Was it the way of preferment by standing for the liberty of the Subject to get great estates Have not the Iudges in many Countries been the raisers and first founders of great and noble Families And were those estates got by pleading for the liberty of the subject against the Prerogative We know who it was not long since that got a vast estate and thinking to ingratiate himself with his Prince said he was seldom or never of counsel in passing any Pattent but he reserved some starting hole to make it voyd in Law if need were which was as good as an act of Resumption This is the grand Error that subordinate officers are accountable only to the King and the King to God whereas all Judges and Magistrates are intrusted by the people if the people give power to the King to chose them 't is out of a confidence that his Majesty wil nominate such as shal most faithfully serve the peoples good and when Arbitrators are impowred to choose an Vmpire he may be truly said to be chosen by the parties litigant this ruines Justice when men in places of Authority more esteem him that gives them their Commission then the business that they are imployed about when their eyes are more intentively fix't upon the stars of their inclinations who preferred them then upon the publick good of the Kingdom for whose sake they were preferred for when a Magistrate is made great the principal intent and meaning of the Law is not his greatness and honor but to advance publick justice I but says one he is such a mans creature raised by him E vilissimo pulvere must not he requite his love and pleasure his Father No justice is blind and knows neither father nor mother the Judg looks not at the manner of the conveyance of his power how he comes by his Authority but at the matter of his Commission and the true end of Judicature the right understanding of one Scripture 1 Pet. 2.13 14. makes a good Judg the words are plain and being learned for learning is a special gift sanctified for matters of policy and government observes that Kings are a humane Ordinance as wel as Corporations and Societies and concludes that all those Scholastical discourses of Kings being Jure Divino are but tryals of Wit and by Supream he intends that the King is supream to administer the Law not to make Laws much less break them and Governors sent by him are for the punishment of evil doers and for the praise of them that do wel the want of this consideration ruined the Judges in point of ship-money the greatest part whereof were very very learned men Haec est crede mihi cunctorum causa malorum Scripturas Domini non didicisse sacras I know this Error in judgment undid the Lord Keepers Finch and Littleton men of brave spirits had they been for publick liberties Lord Chief Iustice Banks a man profoundly studied And Mr Jenkins being made a Iudg thinks himself bound in honor Junare in verba English men
have ever been most thankful to those whose favor hath been their quickning spirit 't is pity any man should be undone for his ingenuity and though the Law be rather politick then moral yet I wish repentance may be expiatory so far as Salus be not indangered O but says one all the great Lawyers followed the King Not so neither I am sure the politick Lawyer stayd behind Ambition and Avarice make many a man argue against their own liberties how many men in the world are content to be slaves to some few that millions may be in servility to them it being demanded in a Counsel why so many there present should be of opinion that the Pope was above the Counsel it being against themselves Honest Verideus said the answer was easie because the Pope had so many Cardinals caps fat Bishopricks and rich Offices to bestow and the Counsel had none at their disposing The Bishops preached at Court to advance Prerogative above Law saying my Lord the King is like an Angel of light now Angels all accountable to God only that the King is Iure Divino and are subordinate Officers Iure humano whereas the Apostle calls Kings a humane Ordinance and there is not a man in the Army from the most noble General to the lowest Officer but is as much Iure Divino as the Kings Maiesty or the so much desired Presbytery That David never offended against Vriah for he saith against thee thee only O Lord have I offended giving the reason that Bathsheba was his subiect and that a man may do what he wil with his own and that his Majesty was to repent of any oath that he had made for doing Iustice for being intrusted by God the oaths are voyd Poenitenda presumptio non perficienda promissio The Iudges in like manner say that the King is a speaking Law and carries all the Laws in his breast and might call Parliaments and dissolve them at his own pleasure which if it were so what a foolish thing was it to send for Writs and trouble the Counties with such Iudibrious Elections like him that in the beginning of his Will devised 20000 l. to his wife but in the latter end for divers good causes and considerations him thereunto moving revoked the said Legacy and left her nothing When Iezabel had a mind to Naboths Vineyard it was no hard matter to get Iudges to declare the right against the subiect In dark times of Popery how easie was it for Princes to prefer such men to great places that would be Instruments to execute what ever they would have to be done but I have better thoughts of the present times for now judicial places are wel got and by consequence wel used I dare say there are not more honest men the number considered the of any profession in the world then are toward Law in this Kingdom and the Subjects would quickly find their usefulness to the state were there but one good statute to cut off at one blow all unnecessary delays in matters of Justice Root and Branch which are far more hurtful to the Kingdom then ever Bishops were which God and the Parliament grant The Emperor having a mind to a Subiects horse said all is mine therefore this horse is mine the 2 great Civilians Bartolus and Baldus were retained one for the King said the property of all goods belongs to the Emperor for he that may command the lives may command the goods of his Subiects and the usufruict and possession only is the Subiects the other Lawyer said for the Subiects that the property is in the Subiect and dominion only in the King according to Law the Chancellor being Judg said all is the Emperors who gave the horse to his Counsel and told the Subiects Councel he should never be a Iudg so long as he continued of that opinion but let no man obiect that I seem to asperse those learned Iudges which are at rest I honor the memory of all good Common-wealths-men and my opinion of them is that according to the Delatory forms of proceedings they were good Iustices between party and party but when the Kings Prerogative and the Subiects liberty came in Competition I affirm it confidently that all Iudgments have not been according to right reason witness the case of the Shipmony Knight-hood money Tunage Poundage and Monopolies of all sorts which they did not declare illegal And how many Gallant worthys have they suffered to live or dye in Prison whom they ought to have set at liberty by Habeas corpus And he that looks into matters with a single eye may easily discern that the Fountains from whence these late streams of blood have issued were no other but the pride of the Bishops a Generation who hated to be reformed therefore justly abolished and the pusillanimity and cowardice of the Iudges for if the Bishops had been indulgent to honest people and not Lorded it over the Lords inheritance poor souls they would have been content to have suffered much for quietness sake might they have but had the freedom of their Consciences in a peaceable manner and the Judges been couragious to have executed impartial Justice between the King and Courtiers and the Subiect and in doubtful matter to have inclined to Liberty the sword had never been unsheathed And for these present Reverend Judges I have Honorable thoughts of them but this I must say else I should be a Traytor to my Country that they tye themselves too much to old forms and in Courting the shadow of formalities and conserving the course of their Court they neglect the substance of morall Justice in not helping speedily every man to his due when the matter comes fairly before them for I must live and dye upon it that he doth not deserve the name of a good Judg that when the right appears to the Court doth not help the party to it beleeve it there is not so great an enemy to the Liberty of the Subject as this over-doting upon old forms as if the Ceremonial Law of the Jews were to be revived in the Common Laws of England If a Judg or Chancellor 300 years ago delivered an Erronious opinion this must bind us because he said so and so if one Judg once err this Kingdom must be undone perpetually because the Law is so Right reason is the wise mans president where Judges are learned and solid what need they search for Presidents And why may not we make Presidents for others as wel as they for us I never yet knew a politique Judg in England that considering the end of the Law is to speedy justice would dispence with writs to do right lose formalities to find essentials twelve Such politique Judges would quickly make the Kingdom happy for moral justice Taxes we see are multiplied in all Countries but what way is there to make the Kingdom amends for all the precious blood and treasure that hath been spilt and expended Truly one Ordinance
for quick and cheap justice would do it abundantly that the poor may have justice for Gods sake and the rich for reasonable Considerations The favorites of state have always magnified the happiness of English men above all other nations in regard of the Assizes that twice a year Queen justice rides her Progress and Justice is sent them home to thier doors but I profess the Kingdom is a great looser by it 't is a meer spunge to suck away their moneys for little or no Consideration matters of the Crown only excepted and why more hast to hang a man for stealing a sheep then to help a poor man to his just Debt for what a charge is it to try a Nisi prius and when the matter of fact is tryed the party is never the neerer judgment is far of the Defendent may dye or elss writs of Error brought that a man is not beholding so much to the Law as to a good purse to obtain his right therefore this I would humbly beg of the Parliament for the present because to settle a Court of Judicature in every County wil require time and much wisdom to foresee and prevent subsequent inconveniences that the Reverent Judges may every Circuit if possibly to begin this Summer circuit be enabled by Commission to hear and determine besides the Nisi prises all private differences between party and party throughout the whole Kingdom the matter to be brought before them by Petition the Defendent to have timely notice in person or at his dwelling house by Affidavit of two witnesses in case he appear not both parties to bring their witnesses and evidences and the matter being heard to be speedily ended and execution by the Sherif accordingly unless it be very weighty and then to be adjourned to Westminster whereby a difference may be ended in a moneths time for 5. l. charge at the most which now costs 50 or 100. l. and is 3 years at the least in deciding and ends most commonly with the ruin of one party and the other gets such a blow that is long in recovering I know this wil be counted a dangerous design tending to overthrow the Law but it is only by such as fear rather the overthrow of their own profit more then they value the Law and the Prophets for I am sure they cry out for quick and cheap justice and I wil burn my books nay venture my life upon it that no man can render a reason nor frame an objection against this but that I can easily refute it if this be granted as a maxime of state that the Publique good and quiet of many is to be preserved before the private profit of a few say not that I shal hereby wrong my own profession 't is all one if I did in reference to the Publique good but this is a great mistake Lawyers would get more by speedy Justice for who had not rather give his Councel 40. s. to end his business in a day then attend many moneths and give him 10. s. a time for motion upon motion references and references besides no wise man wil go to Law for as matters are carryed the worst end by Arbitriments is better then the best can be expected by the Law all things computed unless in special cases and so what is lost in the hundred is found in the Shire pray do not say this wil prejudice the City and keep away Termers suppose it were so why should all the blood in the body be drawn into one veine When one member swels too much the body pines but that 's another mistake for men would bestow that in Cloaths and Commodities which they now spend in Law-suits but I hope time wil make us wise but then comes the old objection wil you have all things arbitrary and uncertain Nothing less but every Controversie to be ended according to reason and every former President and Judgment to be authentical and binding so far as there is reason for it and not otherwise the contrary practise is as dangerous to the state as implicite faith in matters of salvation for I would but ask this question If a Judg beleives in his Conscience that former Presidents were against reason whether if he observe them he doth not therein condemn himself but if he see reason for the Judgment then it is his own Judgment that leads him and not the bare Authority of his Predecessors but it wil be alledged that reason is malleable and one reason may be brought against another truly in matters of moral Justice t is hard to imagine any great difficulty that cause which at first is a bul-rush comes to be a Gyant differences for the most part are plain and very easie at the first beginning of the suit but when by motion upon motion the cause is put out of its course the matter grows so intricate that a poor Clyent can scarce get out of the Labyrinth but my meaning is not that every rational man should be able to understand the reason of a Law-case but that that cannot be given Law when there is a good reason to be given against it as put the case there is a verdict for a Just debt now whatsoever can be alleadged that such a process did not issue regularly yet reason says that the Debt ought to be presently paid and this can be no more called confusion then Mithridate deserves the name of Poyson And now if I should proceed Methodically I should argue whether the Parliament have sufficient grounds to raise Armies as they did but that is but to argue whether the Protestants or the Papists be of the true Religion and next I should lay down what those just grounds and Arguments were but that would savor of Presumption having been so fully and ungainsayingly declared by both Houses and might be unsafe if I should omit any and at the best prove tedious to the reader my desire being not to build upon any mans foundation nor to bring Arguments which have been exposed to Publique view already though I judg them better then my own yet 't is but a kind of cosenage to the reader to invite him to make several purchases of the same matter a trick more Common then Commendable in this Printing age yet something I must say concerning those matters which is this that the Arguments and motives which swayed me to adhere so cordially and constantly to the Parliament against the late Oxford party were rather Scripture grounds and reasons of state and self preservation then Law-cases and Printed authorities for I always conceived that the King was obliged to call Parliaments as often as the generallity of the people besought him and to disolve them til the Parliament said omnia bene was against his oath and that he was to consent to all such Laws as should humbly be presented to his Majesty by both Houses and when I find in our Law books that the King is a God upon earth as
welfare and imbrace it which if they wil not their destruction is of themselves they do ill but the Lord wil not have them cudgelled into obedience for this we find an example in Scripture of the 10. Tribes which revolted from Rehoboam their lawful King who had 180000. chosen warriours to fight against them 2 Chro. 11 but the Lord forbad and though that be called a rebellion in the last verse of the former Chapter the reason of that is because Rehoboam was King by Gods institution and immediate appointment and in such a case mâ—ght Rehoboam have said ye have not rejected me but the Lord but now all lawful power is originally in the people and all lawful Governors chosen by them A Conqueror hath Jus in re not ad rem for a Conquest is but a great â—obbery good Kings raign by Gods approbation Tyrants by his permission til the people can free themselves Kingdoms at first were Elective till good Kings prevailed to have their children succeed them and certainly hereditary Kingdoms are best to prevent Factions and therefore the 19. wil have their Captain command them no longer he may not fight against them if he could procure any to take his part nor wil it avail to say that the 19. are Ignorant or distracted for he must not question the judgment of his Electors if the people know not how to choose a King then the Election is voyd and so a defective title but they that have judgment to consent for reasons best known to themselves may alter and dis-assent for this ease stands upon a special reason differing from all cases of bargains and contracts that rights vested cannot be devested and what pleased at first may not displease at last the King is born for the good of his subjects not they for his good further then to give him honor reverence and recompence this is the wil of God to prevent Wars which must otherwise follow inevitably and 't is a principle of right reason that as things are creatâ—d so by the same power they are dâ—ssolved they which may institute may destitute it strengthens our faith in the resurrection that the same power which made us of nothing can raise us out of the dust Mistake me not I say if all the 19. should so agree if but 3. or 4. should adhere to the Captain I dâ—liver no opinion in that case but I am against that opinion that if any County or burrough Town shal send for their Knights and Burgesses to return home and vote no longer that in this case they ought to come back because no man can be represented longer then he pleases this erew to destroy the frame of the Government For though every several Shire and Burrough make their several Elections yet they are sent not only to vote for the good of their own County or Town but for the general good of the Kingdom and they make not several distinct representative bodies but one intire representative body in the nature of a joyntenancy as the Soul is in every part of the body so every Member sits in the House for the good of the whole Kingdom as if chosen by all the people the several Elections being by agreement for the more conveniency But when Bâ—rgesses are chosen for one Town all the rest give their consents to such an Election and so in Law it may be called the Election of them all as between partners in a Drade one brings 1000 l. the other as much this is layd out in Commodities as a common stock now none of them alone hath power over any part of the goods though it may be purchased with his money but all things is to be done by a joynt consent no dissolution to be by parts that is to dismember the body otherwise this would follow that if two Burgesses voted only for that Town which sent them if one voted in the Affirmative and the other in the Negative nothing should be done in that particular but that which I chiefly intend in this discourse is not only that there may be a right understanding but endeared affections between the King and Parliament and truly I know no way like this to be perswaded of each others sincerity that they acted according to their judgments that light which they had revealed to them that his Majesty would beleeve as the truth is that the Right Honorable Lords and the Honorable Commons did nothing but what they conceived themselves in Honor and Iustice obliged to do for the safety of the Kingdom and that otherwise they could not have answered it to those whom they represented and that the Parliament would be perswaded that his Majesty did nothing but what he conceived himself in Honor bound to do without which he could not have given an Account to God nor his people with comfort for possibly there may be an invincible Ignorance of one anothers right The Cananites were in possession of a lawful title the Lord commands Ioshua to dispossess them who having a Command from God may lawfully fight and they not knowing of Gods Command might lawfully defend themselves now in this case if the Lord had not intended a National Church the destruction of the Cananites why might not an Israelite and a Cananite have been good friends and said thus one to another truly what you did you had some colour of reason for it at lest you thought you did for the best it may be I should have done so had I been in your case therefore let us do as we would be done by as there have been Arguments framed against each others proceedings so I wish heartily that the Kings Majesty and those evil Counsellors who were about him hee 's now guarded with Angels in comparison would argue thus for the Parliament the Kingdom petitioned both Houses to raise Arms for their preservation what could the Parliament do in such a case having voted that there was an apparent design to inslave the people had it been sufficient for the Members to have told the people Truly we gave his Majesty faithful advice besought him to reform what was amiss but he hearkned to his Courtiers and would not and so we left him to do what he pleased What would the Kingdom have said in such a case would they not have exclaimed against their Knights and Burgesses as the French do against their twelve Peers which being intrusted to oppose Tyranny prevaricated Oh ye unfaithful men I was there ever so great a breach of Trust in the world heard of Did we Elect you to infranchise us and do you suffer us to be inslaved Would you not put us into a Posture of war to defend our selves but suffer us to be destroyd insensibly since you wil not deliver us our freedom must come some other way what can be said in reason against this And so that the Parliament would argue for his Majesty amongst others to use but this What must
his Majesty give his Royal Assent to all such Laws that both Houses shal present unto him Put the case then that the Lords and Commons in England present an Act for the free exercise of the Protestant Religion in this Kingdom and the Lords and Commons in Ireland present an Act to his Majesty for the establishing of Popery in that Kingdom what should his Majesty do in such a case Must not his Maiesty see by his own eys and make use of his own Iudgment and discretion what is fittest to be done therein Are not the sinews of the Leviathan perplexed as Iob speaks is not this a ground to scruple the verity of that doctrine that his Maiesty ought by his oath to ratifie such Laws as shal by both Houses be agreed upon I have known many Clyents reconciled after tedious suites and long endeavoring the ruine of one another but it hath been upon this ground that they have verily beleeved that nothing was done by either of them maliciously but in order to the obtaining of their several rights and that by Gods blessing hath been an expedient not only to tye their hands but to unite their hearts that it may be so between the King and Parliament is my dayly prayer til it be so this Kingdom wil not be setled in peace and tranquillity The very truth is that by the Letter of Scripture and some Law cases the King had a Colour to do what he did as Gods Ordinance having an undoubted right to the Crown by descent as his proper inheritance which no other Court in the Kingdom could have the least shadow of reason to do if they should break trust with the people I have but one stair more to mount before I come to the Army and that is how far the Kingdom is to be obedient to the King and Parliament in all cases And herein I desire to be carefully observed because the Kingdom cannot be convened in it's diffusive body therefore it is formed into an artificial body in the high Court of Parliament which without all question is the Supream Court from which there is no appeal to any other concerning positive Laws for the deciding and determining of the arduous and most difficult affairs of the Kingdom both for titles of land when they please and all the great turnings and windings of state it being most proper to determine the greatest matters in the highest Court in which cases though the judgment of Parliament be not unerrable because the members not impeccable yet it is Inevitable for the Publique judgment of state resides there and it is the wil of God that for the preventing of wars and bloodshed that there should in every nation be some supream Court to whose determinations every private man is to submit as it is in Deut. Deut. 17.11 possibly many of the Iews might conceive that the juâ—gment of the Iudgâ—s Levites was not always right yet it must stand to prevent a greater evil I am not of opinion with learned M Jenkins that acts of Parliament which carry a seemâ—ng repugnancy are voyd or that the Judges have power to controle acts of Parliament and construe them to be void for this is to erect a higher tribunal the Judges are obliged to expound the Statute according to the intent of the makers otherwise they that are at the Oars should row against them that sit at the stern The intent of the Legislators is the Empress and Qeen Regent which the Judges are strictly to observe and theâ—efore that objection of a repugnancy in the countenance of this Paâ—liament for how can therâ— be a Parliament every 3 year if this continue 7 years is but a flourish for in all acts grants and wils such an Exposition is to be made that every word may have its weight and be of force the meaning is plaâ—n that after this Parliament theâ—e shal be a Triennial Parliament some incongruity no more then when a man makes a Lease for 7 years after from year to year and no acâ— shal be construed to be voyd when by any reasonable intendments it may be made good the Judges being Assistants in the upper House cannot but know the meaning of the statute if it should be penned obscurely and by the same reason they ought as wel to take notice of every private act as those which are general and not to hazard the right of the Subiect upon a nicity of Pleading which is so fatal to many mens rights but it behoves Mr. Jenkins to hold that Iudges may expound acts of Parliament to be void when himself being a Iudg in Wales nullified Ordinances of Parliament made for the liberty of the Subiect which he ought to look upon as an Ordinance of God not to be disputed but obeyed but this is the fruit of his studying Law upon the Sabbath days whereof he was wont so much to glory that he gained one year in 7 in his study but all the hurt I wish him is that he would now study the Law of God which is the only touchstone of all humane Actions and the Archetype of all Governments and what is against it is pure innovation But this I agree that a statute against the law of God or nature is void for man having no hand in making the laws of God or nature they may not intermeddle in the Changing or repealing of them but any positive law made by man may be altered by the same Authority and therefore the meaning of that in Dan. like the Laws of the Medes and Persians which are unchangeable is to be intended either that those Laws were only a ratification of the Law of God or nature aâ— the Counsel of Trent that gave Authority to the holy Scripture or else that they might not be altered by the Emperor without the peoples consent In the next place I conceive that no fundamental law of this Kingdom can be altered by the King and Parliament but my meaning is that nothing is fundamental but what is for the safety and happyness of the people that which was no Law before it was written that may be altered but the happiness of the people was a Law before all written Laws Magna Charta was Law before it was written and collected but for easier Conservation being for the peoples happyness and that statute in 42. E. 3. that every Law made against Magna Charta shal be void is no more then the voice of Reason for the Foundation cannot be removed so long as the building stands It troubles me to hear when I am saying that Lawyers ought not to make the trouble and disquiet of poor men the Basis of their Grandor And that it were happy for the Kingdom if the Parliament would device some expedient for summary justice what saies one wil you destroy all and change the fundamental Constitutions of the Kingdom As if the ease and welfare of the people should be their destruction I look upon it
instances used by many are in my opinion very improper now the honorable House of Commons being best acquainted with the Kingdoms Condition all good laws do move primarily from them which being transmitted to the Lords for their Lordships concurrence it is no smal security to this Kingdom in peaceable times to have the reasons of the Law solemnly debated perpended in the presence of the reverend Iudges for ever amongst Eagles eyes two eyes may see more then one and after their Lordships Concurrence the Kings Majesty desires to be satisfied of the reason and equity of the Law before he gives his Royal Assent by such wise and great deliberations Counsels prove most mature and happy as Corn that is long in ripening I conceive that the noble Peers were originally intrusted by the people as Guardians of the Contract which the King made with them and these noble Lords follow the King as the Planets the Sun in the Zodiack from whom they receive their light and splendor for the publick good and the prevarication of some which have given his Majesty pernicious Counsel as Eve tempted Adam that had been sufficient to have undone himself and his posterity but that the Law of England lays the blame upon the evil Counsellors makes the fidelity and gallantry of the rest more glorious and illustrious I would but humbly beg from that noble body those great luminaries of State that as their Lordships and their noble Families are exempted from the Presbyterian Diâ—cipline so they would be nobly pleased to dispense with such who with any quiet of conscience cannot conform thereunto that no coactive violence may be offered to such as be religious and peaceable in their differences for that no rational doubt can be destructive of State-policy as that noble Peâ—r saith Lo. Brooks who went to heaven in a fiery Charriot And being upon my knees I would humbly beg of our most honorable Worthies 3. things 1. An Ordinance for the Redemption of our poor brethren in Argiers and Tunis which are Captives and Galley-slaves to the Turks If money be wanting oh why is there not more general Collectâ—ons for that blessed purpose far better then to give to free-schools and because they are far of 2. That in the interim the many poor slaves and hunger-bitten Prisoners in and about this great City and other places of the Kingdom which are ready to starve and no more able to pay those moneys which they lie in for then to flie and certainly to clap a man in prison til he can flie or pluck down Pauls would be a great blemish to the Government of this Nation Reason commands no impossible things and a good Ordinance to be made for the sale of mens estates for the paymâ—nt of their just Debts 3. That some effectual cours maybe thought upon to abate the price of Corn specially barley that the poor might not starve which might easily be done by allowing fewer ale-houses and the statutes for selling a quart of beer or ale for a peny speedily put in execution What a sad thing is it that in a plentiful Kingdom many poor people should be ready to starve oh where are the bowels of English Magistrates why should rich men have superfluities til poor men have necessaries Let the King and great ones feast and the poor many times fast but let no man starve truly the â—ery Essence of a Parliament is freedom a new Pope kept a Gawdy day to reioyce because all his sins were forgiven and that he was now free from the censure of all men and being a Gentleman ask't a Cardinal what shal I do now to shew my love to the Romans said he pray Sr. forgive us all our siâ—s and make us as free as your Holines The Honor shal be the Parliaments the happiness the peoples And here I would humbly pray those excellent Justiciaries to receive all complaints Petitions and Informations from whomsoever they come I have thought sometimes attending some clients business and hearing poor suitors complain of their long attendances but if a man had some Information to give of a new Spanish-Fleet or some dangerous â—nvasion to be made against this Kingdom he could scarcely be heard in Holland when the general states are in Councel at the Hague there are always some appointed to come forth to receive any information that can be given for the Publique good and if any man says he hath business of Importance to Communicate he goâ—s into the Counsel house if it be frivolous he is wel laughed at for his pains and it may be fined but to what purpose should there be a freedom of debate in a Counsel if there be not freedom of Information to the Counsel In the last great frost the River near Anwerp that beautiful town in Flanders which Charlâ—s the 5. said was fit to be seen only upon Holidays was all frozen over as the Thames was and about 2. a clock in a fair Sunshine afternoon there being at the least 1000. people upon the River the Councel being sate there comes an old fisherman running and sweating to the Common-Councâ—l door and said he must be admitted instantly about extraordinary business who went in and told the Councel that if they did not use some policie to get the pâ—ople of from the River they would instantly be drowned for he perceived by the clouds or some skil that he had that the Thaw would be so suddain that the ice would break within a quarter of an hour The Councel without any further dispute for the matter had not been great if he had been mistaken Commanded instantly the bells to be rung backwards and the drums to be beat up which the people upon the River hearing thought it was a fire in the City or that the enemy was approaching or some other extraordinary matter made all possible speed From the river yet not so fast but that there were at the least 50 drowned for it grew dark of a sudden there was a great shower the Ice broke and the Thaw so unexpected that in probability had not this poor mans information been received the most of them had lost their lives How hard a thing is it for Clients and Counsel too to get into many places of Justice The Door-keepers are so hasty and angry if a man do but ask them any question in the most submissive language and many of the Clerks so teasty and brinish as if they were composed of that pillar of salt that Lots wife was turned into and so unaccostable that I profess a man may far easier have success to a noble Lord or a worthy Member then to them 't is a shame to see how they make poor Clients dance attendance after their pipes I profess if they do not reform their currishness they shal be known to all the Kingdom for their inhumanity I confess the ingenuity and readiness to give content with all civility of those which attend the right honorable
that would have many men as free from errors peradventure as themselves in their dayes burnt for Hereticks upon the Stat. of 5. H 4. made against Protestants Was not that H. 4. a Usurper Who was it that murthered R. 2 Who but purpurated Persecutors and bloudy wolves will deliver poore Christians to death or to cruell jaylors which is all one for there is no magis and minus in persecution Matters of wrong and offence are punishable but not matters of Conscience unlesse they bee proditorious positions If Protestants had been guilty of a Powder Plot in France I believe they would never have been tolerated longer hath not England paid deare enough for innocent bloud God hath been reckoning with Us for the bloud of Barrow Greenwood Tisdale Vdall Cappinger and Oyers doe but reade that excellent Treatise of that Worthy Author Sir Simon Dewes concerning this Subject which is sufficient in reason to end the great controversie of the Kingdome and to cast water upon and extinguish all the flames of our present differences in matter of errour 2. There is no other expedient left to settle the subjects liberties but by the continuance of this Army for he that knowes any thing of the temperature and constitution of our Governours and Government must acknowledge that in probability a Reformation in Courts of Iustice and a meet liberty for tender Consciences two things of the highest concernment cannot without the intervention and assistance of this Army be expected for who will consent to prejudice himselfe or derogate from his own profit for the publique good put case the Bishops were sitting in the House of Lords and the greater part what hopes were there to passe an Act for the abolishing of Episcopacy Let all Histories be inspected and it will clearely appeare that the heart of oppression in any Kingdome or State was never broken but by the mediation of some strength and therefore we should love those truths which cost so deare and this not only in matters of Religion which was introduced by blood in Germany France Scotland Poland Sweden Holland and all places where it is establisht save only in this Kingdome yet the Prophecy was By Grosted Bishop to H. 3. Populum Dei in Anglia non liberari à Papatu nisi in ore gladii cruenti but in matters of Civill Right and Common Iustice And now that God has prospered our Worthies in Parliament and made this Army so succesfull shall the Kingdome be content with halfe their liberties or remove the Court of Wards only and let the poore Client be plagued and perplexed in other Courts as he is and no hopes of redresse oh happy Indians that have no Law Suits or suddenly ended Concerning both I trust this Kingdome will ever magnifie and reverence them as the supreame Court and as all the members of the body have a care of the head and venture all to save that so must all the people of the Land venture their lives to maintaine the Honour and just priviledges of the King and Parliament my meaning is that wee ought to have this esteeme not only of this supreame Court and the constitution of the Government but of every particular member untill it plainely appeares that the Acts and Votes against the liberty of the Subject and mindes his own profit gaine and the preferment of himselfe and his friends driving on furiously like Iehu amicable and peculiar interest and neglecting the publique welfare of the people that being priviledged himselfe from all suites is not sensible of the Clyents sufferings I have often thought that it were to be wisht that Magistrates had suffered in their own private conditions that so they might learn to pitty others certainly for a Parliament man that is elected to guide the Ship of State to looke after the Cockboate of his own private fortunes and cares not whether the Kingdome bee Shipwrackt so as he may with the broken plankes build himselfe a habitation as it is the highest Treason that possibly can be committed as being a breach of greatest trust so certainly such a man to say no more deserves expulsion from the Honourable society And if by the long continuance of Patliaments which I take to bee the present case some members shall joyn confederate together to advance themselvs and their own party and dâ—presse all others that shall oppose their ambitious designes and by their active vigilance and studied premeditations present matters so plausible in the House and having the moon and starre-light of naturall parts and other politique advantages shall so prevayl to carry a Vote to the infringing of the peoples Liberties if such an extraordinary case happen it will require an extraordinary remedy I confesse when a Vote of great concernment is carried but by 3 or 4 the lesser number is included in the greater as 4 in 5 and when there is 203 vote for it and 200 against it the Vote is not past by 3 but by 203 and as Solomon sayd two are better then one therefore no better way hath been devised yet it cannot bee imagined that a fourth part in the Honourable House should ever vote against the Liberty of the subject if the design be rightly apprehended unlesse it be in a matter wherein they are exceedingly concerned in point of profit in which case they are to be intreated to be absent but must a kingdom be undone in such a case his Majesty agrees that there is a power in both Houses more then sufficient to restrain Tyranny and that his Prerogative is but to defend his peoples Liberties sure then the Parliament will give mee leave to inferre without any offence to that supream Court which is the honour and glory of the English Nation that there is in the people a sufficient power reserved to preserve themselves from slavery and oppression if those whom they have chosen to infranchise them should be the infringers of their liberties But here I shall be demanded why should not the Army beleeve that the Parliament will as they declare settle the just rights of the King and his subjects Truly not to beleeve a Parliament is morall Infidelity specially such a Parliament which hath done such wonderfull things for the good of the subject as this hath done for our forces had not been so victorious abroad had not our Councels beene most wise at home but yet reason against sence is sophisticall Nor can I beleeve what some of the Assembly pretend that hee which is imprisoned for his conscience has the liberty of his conscience and now I have named that which is the great Apple of contention in this kingdome for to speak my thoughts freely though I beleeve most of the Assembly are men regenerate and good Christians and therefore I love them yet had they never met I am as confident as confidence it selfe can make me that this kingdome had long since been setled in a peaceable posture for we may thank them for their
heaven on their sides so far they will prevail against all the world of opposers and no further what will any rationall man be afraid of him that draws his sword in his defence Put the case that I. S. and his followers travelling through a dangerous Forrest meeting with I. D. and his servants should intreat I. D. to draw his sword for all their defences who does so and meeting with such as would rob them I. D. and his friends most manfully and valiantly make good every passage by killing many till they are past the most dangerous place then sayes I. S. now pray thee I. D. put up thy sword nay says he there may be more wolves yet â—uickly start out of the wood let 's stand upon our guard till we be past all danger and discoursing they differ by the way in matters of opinion and some of I. S. party tels him that he is not fit to live in a Common wealth let him change that opinion or he must be opposed pray sayes I. D. since our way lies together let us journey lovingly let us live and blesse God that hath preserved us all sayes one of I. D. friends better our lives had not been preserved then to be saved by such dangerous fellows as you are I intend this Treatise wholy for the Readers brain in point of explication little to his affection in point of application but let no man be so grosely erroneous as to say that the Army is Anti-magistraticall and Anti-parliamentary what ayme can a House of Commons have but the common good The Parliament being intent to the true ends and noble grounds of their raising Forces and the Army wholy minding the reasons of their ingaging and both sincerely really and constantly the Parliament as the supreame Councell of the Kingdom and their Army as the servants of Justice endeavouring a speedy accomplishing of the most honourable and glorious ends viz. the just rights of the King just priviledges of the Parliament and just liberties of the subjects common safety just liberty and equitable propriety to which the Armies proceedings have a naturall tendencie and proclivity as the stone to fall downwards 't is impossible any differenc should arise Counsell is the right hand of Policy and the sword is the left which may assist and promote without any face of opposition the truth is that there are some whose private interests are contrary to the publique interest of this Kingdom they are the troublers of the pure waters that the people should not drinke they trouble and disquiet the fountain and then the streams must needs run muddy they are men of the same spirits from whence the miseries of this Kingdom did at the first flow that is obstructers of the free course of Religion and Justice and consequently the obstructers of poore Irelands reliefe But who must be Judges of the matters in agitation Truly the Parliament in all matters judiciall we must have no Judge of Scripture but it selfe that point of Popery hath cost us deare we must not light a candle to see whether it be day who knowes not that every man ought to have his own without vexatious attendance and that it is injustice to make a man spend 10 lib. to recover 5 lib. who shall judge whether those that have saved the Kingdom ought to have the liberty of subjects who knows not but that Petitioning is a way of peace and submission and that for Christians to meet in private to serve God is no breach of the peace The Lord grant that this Parliament by the help of the Army may be the setlers and the restorers of this divided Kingdome the neck-breakers of all oppressions in soules bodies and estates the repairers and relievers of poor Ireland which was formerly called the Island of Saints Another Objection is that the Armies not disbanding obstructs the reliefe and indangers the losse of dying Ireland Ah poore Ireland my soule is much troubled for thee I knew thee not long since Englands younger sister but thou art now the land of Ire but he that runs out to quench the fire in his neighbours house when his own is almost burnt I shall rather admire his zeale then commend his discretion I confesse poore Ireland is on such a flame that nothing but Gods infinite blessing upon the wisdome and endeavour of this Parliament can be able to quench it but English liberties which have been bought at so deere a rate must first be setled and secured The Army declared their resolutions to have ingaged in that service in one entire body which was not thought convenient if then the Army were hindered by any plot or contrivement from going thither not they but the hinderers are culpable of Irelands continued miseries but as the Army hath ever been observant to all the just commands and orders of Parliament so I hope that if hereafter they shall ingage in that service they will be well satisfied in point of conscience what it is that they fight for It is possible that Antichrist with his left hand may fight against his right To fight against Popery further then it is destructive of State policie to introduce a uniformity in the Protestant Religion is in my opinion little better but if it be to bring those bloud-thirsty Rebels to condigne punishment and not to spare a man that hath had his hand in bloud so far it is of God and he will own it but for those expressions which some pulpits ring of of rooting out that Nation and dashing the little childrens bones against the stones I confesse it makes my heart to tremble to thinke of it but those that will not submit to a generall Government must be destroyed Object But we feare the Army will over-awe the Parliament and Counsels not free stand but for Cyphers and that Justice it self may not be forced but timely hastned Sol. 1. The Parliament hath answered this Objection in his Majesties Case The King sayes they refuse to treat unlesse wee deliver the Sword into his hands which is to yield the question when any differences arise all things must rest as they are untill all be determined and concluded 2 Inforcements are just when just things are inforced the sword is a servant of Justice and is never better employed That which the Hollanders alledge for themselves is universally true if a Magistrate will not do justice the Laws mayn intention for justice must not be lost and King Philip not doing them justice was the Authour of all the mischiefs that hapned Rebellion is not to obey a lawfull Magistrate in a lawfull Act not contrary to the Laws of God or Nature besides which all Laws are Arbitrary by the Supreame Court of every Kingdome If the Army shall entreat any unjust things as the Sun may be in an Eclipse Never were any just Rulers destroyed by force there was a rising against David and great stirs in Edward the sixth's and Queen Elisabeths time but quickly
husht and subdued I think no History can be produced that ever any good Magistrates were subdued by force for God sits upon the Bench with them but many times Kings and Governours have refused to do justice till the people have enforced them Hitherto the Army hath had the justice of Heaven and so long as they intreat in the Kingdoms behalf things Honourable and safe for the Parliament to grant their Continuance is the best assurance that our Worthyes in Parliament can desire For what great King or Court but receives honour by a faithfull and victorious Army who will exceedingly facilitate the work and prepare the way for our Parliamentary Worthyes as John the Baptist did for our blessed Saviour I hope I have satisfied every rationall man that it is not possible in a prudentiall consideration that without the intervention and intercession of this Army this Parliament as things stand can never be able to settle the publike Liberties and happinesse of this Kingdom for who sees not what a spirit of malignity there is stâ—ll working in this Kingdom Is all the malignant bloud drawn out or dryed up Did never Serpents re-assume their poyson upon occasion Are not the Jesuites negotiating a reconcâ—lement between the Catholike Princes hoping to eat up Holland at a breakfast England and Scotland for their dinner and all other Protestants at supper and all to erect a universall monarchy and what 's their pretence Mark it I beseech you to avoyd disorder and confusion for it can never be well sâ—y they till one man have the sole power over souls and another over bodies and estates I am confident that before Rome's fall there will be a generall Warre between Protestants and Papists without any other ground of the quarrell Is it not the extremity of madnesse for Protestants to fall out to maintain Antichrists cause who is our sworne enemy How lovingly doe Protestants and Papists associate in France Poland c The French Ministers preach that the French King Queen and all are damned unlesse they forsake their Idolatry the Priests quite contrary that not a Hugonet can be saved in the name of God what ails us cannot we like bees hive into one body politique because we differ in opinion yet are of the same Religion shall small matters disjoyne them whom one God one Lord one Faith one Spirit and one common cause bonds of such great strength and force have linked together Oh yee learned Presbyterians such of you as are like dead flies in the ointment of our good names to make us unsavoury to our Noâ—le Parliament which yet I trust yee shall never be able to doe Will yee not take warning by the Bishops Did not they tell the King that the wâ—y to prevâ—nt errours was to suppresse the Puritans The Rams of the flock are demolished will not you tremble I tell you that the way to make us all of one minde in the things of God is to grant liberty to all in things not fundamentall possibly there are some by whom the way of truth is scandalized wee may thank the Bishops and their Successours for it let the waters alone and they passe away quietly but stop the Current and throw in stones and the waters rage An Englishman scorns to have his Religion cudgelled out of him but deale with him in the spirit of Christ shew him where his feet slide you take his judgement and affections prisoners If the Bishops had not prest Subscriptions and Conformity to the Statute of 13 Eliz. they might have been longer lived for any thing I know It grieves me that you should take such pains to destroy your selves but come there is no falling from grace true repentance is half innocent tell our Parliament Worthyes that onely a liberty to tender consciences can break the heart-strings of popery tâ—at never any but Antichrist denyed a freedome of conscience to people of our quality and profession who desire it no longer then we are Protestants and live in all dutifull Conformity to the Civill Government tell them that Jesus Christ will never prosper those that persecute such as are humble suitors in the behalf of his Kingdom Doe yee think he will tell them that the free exercise of the Gospel for Doctrine Discipline is of so harmlesse and peaceable a nature and carriage so far from wronging any Magistrate in Sovereignty and Power that the Persiâ—ns and the Turks admit it The Roman Emperours in policy gave leave to build Temples Politike Charles the fifth sayd There was no other way to peace but by a liberty for all Protestants so Maximilian that succeeded him H. 3. of France Ah saith Philip the second when he was dying If I were to live again my first thing should be to grant liberty to Protestants Ah sayes the Emperour How gladly would I grant a liberty of conscience if that would now serve the turn and that would have served at first I beseech you marke me when the King of Sweden entered Germany he propounded nothing but what was most just liberty for Protestants banishment of Jesuites restitution to the Palatinate his cosen Mechelburg and some other oppressed Princes with the Emperour would not grant but being victorious nothing would content him then but to be declared King of the Romans and so heire apparent of the Empire Be wise in time A moderate meet liberty will not satisfie every man and you may proceed in your own way if hereafter you suffer in point of Tithes you may thank your selves you know whose pride and covetousness hath brought their honour into the dust Your ridged Presbytery is no more Jure Divino then Episcopacy was you may as well call Divinity damnation Doe not think that this Kingdom will suffer you to be Judges in your own Cases Your Ipse Dixit will not do it your Votes cannot make Hereticks nor Schismaticks men are wiser in the South then far North the Sun cleers the judgement to that Son of Righteousness I commend you desiring to walke with you in love and peace I shall conclude with a request to the Army you precious souls as ye have been presidents to others for honesty and justice so be a president to your selves what to continue continue just be content with what you can get and take not the value of a pin from any man but in case of necessity 't is fit that you who have saved the Kingdome should not starve injustice is a very great sin the want of morality excludes from Heaven His Majesty was wont to say that there were none in arms but Independents Anabaptists and Brownists who would destroy all Laws and Religion the eyes of all the World are upon you you know best why you tooke up arms was it not for Laws and Liberties stand fast in the Lord and in the power of his might be true to your first principles as ye are Englishmen as ye are Souldiers and as ye are Christians treason is the betraying
of the greatest trust hee that is true to his end cannot be a Traytor The War first undertaken for the defence of Laws and Liberties hath had a great influence upon Religion and pray answer me this Question if the Parliament had told you at the first that you should not expect any Liberty of Conscience in case of prevayling but that you must serve God according to the precepts of men whether you see reason for it or no would you have engaged so cordially upon a promise of freedom for your temporall estates What is all the World worth if a man enjoy not the freedom of his soul peradventure you will say that the world cannot deprive you of the liberty of your Consciences for the Saints are as free in prison to enjoy God as if they were abroad as sweet experience can testifie and the more we glorifie him by suffering for him here the more conformable are wee made to our Head and shall be glorified with him and Jesus Christ is eminently all Ordinances in himself most true but in the dark the best eyes have need of Candles We are not yet as we shall be we live upon the beams here and not the body and it derogates much from the wisdome and the love of Christ to reckon that as a shadow which he hath appointed for a standing Ordinance Religion teacheth nothing against nature piety doth not ruinate humanity but makes one man worth twenty I assure you Gods people hope that you will deliver them from the Bishops successors as well as themselves by what title soever they be called I doubt not but you have both naturall and spirituall affection to this poore Kingdom the poore Saints that are rich in faith act faith in Christ for deliverance by you they say they care not what becomes of them so as the Crown may be set upon the head of Christ and fealty and alleagance sworne unto him who is no enemy to any just governours they are perswaded that the Parliament of themselves intend no lesse and that there are very many in both Houses most cordiall servants to Jesus Christ who are even sick for the love of him that dyed for the love of them but here is the case there is a potent faction within this Kingdom men that have enriched themselves in these times of danger and calamity a base thing so to build upon the ruines of our brethren that count gain godlinesse and these consist of subtill Atheisticall and depraved Polititians on the one hand and devout superstitious rigid Zealots on the other hand who by specious pretences and plausible insinuation worke upon the candor and devotion of many honest men whose mindes are vertuously disposed to enslave this Kingdom for their own ends and this under a pretence of Gods honour service worship and uniformity and this designe so politikely carried on that the wisest men may be mistaken for he that thinks no hurt himselfe is seldome suspitious of others The chiefe Religion of these Polititians is to have no Religion in the power of it but such a forme established as is most sutable to his Grandor and they thinke it a sin to let any man live in this Kingdome who will not eat up as sugar all their Orders and Sanctions our noble Worthies in Parliament would quickly be as wholsom medicinable restoratives to heale the wounds of this Kingdom but that they like byting corrosives study to make them greater and more dangerous setting up all sails to sail withall and rowing with all manner of Oares but being discovered will I hope be abhorred by all honest men Now to restrain the malice of these ambitious men the Lord hath preserved you to this houre and me thinks I heare Iesus Christ be-speaking you in this manner Hearken yee noble Army of Martyrs in affection and resolution who carryed your lives in your hands for my sake and for morall justice wherewith I am delighted I take it as kindly from you as if you had given me your lives but keepe them I am preparing mansions for you but your worke is not yet done you must stand up for the liberties of your brethren you must stand up in the gap for me who alone trod the wine-presse of my Fathers wrath for you why have I impowred you but to purchase liberty for my people Did I preserve you from active martyrdome that you should bring your selves to passive Would not I have taken your lives as kindly from you at Nasâ—bey Bristol c. as if after disbanding you should be imprisoned and put to death for Heretiques or Schismatiques Is not my kingly government as precious to you and as well worthy fighting for as my Priestly office But if you should be disbanded before Gods people have their liberties secured I should have covered my face and onely thought that you did not so well understand the Doctrine of Christs government and domâ—nion in his Churches and amongst his Saints as the Doctrine of satisfaction by faith in him Is it not most apparent that the day of your disbanding is in probabiâ—ity the Eye of the Kingdoms ruine for does not this potent faction say they will not suffer an Independent that they cannot live but by the death of the Independent party Hath God preserved you hitherto in times of War to be insensibly destroyed in times of peace Was not your Commission to fight for Laws and Liberties whereof Conscience is the greatest hath not the Kingdom sufficiently dishonoured Religion formerly in the Bishops times but must they now under a pretence of uniformity seek the life of her Children and of Religion it self do they not ayme at the life of Religion which is the heart of God and the lives of his children which are the apple of his eye The Meâ—curialists at Court did but strike at the letter of the law in some things but these Phaetons would set all on fire and ayme at the power of Religion the very life of our Laws whose humours are so corrupt that the least scratch turns into a Gangreen For I am confident that these cruell men cannot bring one argument for themselves but what I may improve for the Popes Supremacy which was pretended to be for orders sake to avoid confusion but in reality hath been the occasion of all Tyranny But many words are not proper to an Army you have won the heart of Gods people in you is fulfilled that prophesie Esay 49. That Kings shall be your nursing Fathers Commanders persons of Eminency for what the watchfull Constable worthy Justicer reverend Judge and all other Officers of Justice do in punishing Traitors in times of peace the same in effect is done by Armies in time of War every Souldier hath been a judge to do justice and execution upon the enemy I have but this request to make to you that you hearken not to any Syren songs but be ever true to your first principles let the Honour of Parliament always be of most high account and precious esteem with you your jarring with that Supreame Court would be a pleasant melody to many that will pretend faire to you speak you fair to borrow your hands to take out the Chestnut for them that would have you crack the shell for them to eat the kernell It is reported of the Lioness or the Bear that if a whelpe dye she will roar in the Den exceedingly over the carkass or else having got some gobbets of flesh hopes by continuall clamour to put life into it some such there are that by daily exclamation against the Supream Court think to vivifie their dead Cause and to put life into a carkass that will not acquit our renowned Worthyes from the highest Crimination and yet will justifie your station by the Law of the Land I beseech you if the Parliament had no power to Commissionate you to redeem out Liberties what are you that have acted by their authority I hate dissimulation the happiness of this Kingdom will rest principally in this that all the godly though of different opinions favour and assist one another and that all honest peaceable men joyn together as one man to break the neck of all oppression and injustice Let every man contend for the Honour and Priviledges of the King and Parliament in the preservation of the Liberties and Birth-rights of the people And when the Kingdome is happily setled let us say that God hath done all yet honour them whom he hath honour'd The End