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A80408 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. Cook, John, d. 1660. 1647 (1647) Wing C6026; Thomason E404_29; ESTC R201862 78,816 92

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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 und●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 o●ligors fail the other two must pay the debt for Justice must be d●n● 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
the Magistrate who is a good Christian stands upon the advantage ground and ought to command the people for Gods sake to yeild obedience to the Laws of God and to be exemplary in his conversation and to protect Gods people by declaring against errours and that no man ought to beare with an errour in his dearest consort but perswasion is the Gospellary way without all dispute in matters not fundamentall My Lord Bacon was of that opinion he that is not against us is with us Spirituall maladies must have spirituall remedies in matter of opinion I wrong no man if he be offended at me it is his weakness I intend it not I speake of errours in Religion not errours against Religion with a toleration whereof no State or Kingdom can subsist 'T is a fruit of the Turks Religion not to couzen nor steale and to make conscience of an Oath to doe no murther nor adultery 'T is against Intrinsicall rules of all government to permit any of these nor must any errour be permitted that is a sworne enemy to peace and policy Man can give no power but what God gives therefore it is no resisting of authority when there can be no such authority given matters of conscience are not giveable nor takeable If I bid any man kill me and tye my hands yet I may breake the cords I cannot give power to enslave my selfe nor ought any man take it If there should be any Covenant made to enforce conscience it is an unjust Oath and to keepe it is to adde a greater sinne to a less as if the first were too little whereas the least is too great and should be lesned not enlarged and though I am bound to lose by my Covenant yet not to be undone by it When the Lord visits us with sicknesse doe not we defend our selves against his blessed Majesty by Physick by food and rayment And nothing more lawfull and naturall then selfe defence against which no Canon can be of force as it was resolved at Constance that a Canon made in favour of an angry Pope that he might strike any man and no man strike him was void by the Law of nature for what is it but to arme sin against the Law did not Sweden Holland France Germany Poland and Scotland introduce Religion by the sword Calvin Beza Bellarmine Carrerius Junius Turquet Bucanus maintained the lawfulnesse of it and Bilson in the Queens time wrote a book in defence of it not to invade the Turke because he is not a Chr●stian but for the freedome of their own consciences King James in his Epistle to Perron justifies the French Protestants fighting for their Religion calling it a defensive Warre that he which offers the wrong is alwayes on the offensive part as he that denies the debt begins the suit and such a wrong doer cannot be wronged Geneva in 1536 cast off the Bishop their Prince and Calvin s●yes Populars may restrain all kinde of tyranny as the Ephori did the Lacedemonian Kings and the Tribunes curbed the Consuls and if for bodies much more for souls the reason is because every people in the conferring of power reserve so much to themselves to attaine that end whereunto they are ordained which is the glory of God and their own freedoms and welfare Certainly God never commanded any Magistrates to lay any clogs or Fetters upon the consciences of his own people that 's the apple of his own eye yet so as if by force his people be destroyed they must take it patiently dye like lambs for the Lambs sake that dyed for them but they may not suffer if they can oppose it that 's to be guilty of selfe murther The sufferings of Jesus Christ were voluntary and when wee resigne our wills to a thing enforced we make it willing and so the Martyrs were said to lay down their lives willingly and yet they could not help it This fighting for Religion is not to fight to promote it in others not to kill any tyrants that oppose it but to preserve Religion and the professors of it All Magistrates are tyed to the Laws of God and nature and 't is a lesse sinne for a private man to breake those Laws then the Magistrate who is intrusted to keepe them For a Commissioner to breake a trust is the highest prevarication against which illegalities self-defence is lawfull if the party can help it men may free themselves from tyrants if they can if not what remedy but patience the reason is perspicuous because no man can impower another over him to command against both or either of those Laws and therefore the meaning of those commands of honouring the King our parents and governours is to observe all such lawfull commands as are not contrary to God and nature for God is the God of order which he should not be if Governours were to be obeyed disorderly If a King or Governour be mad must all the Kingdom be fools to obey such a Devill as that Duke D' Alva was that made the Hangmans place in Flanders better then the Chancellours If such a Magistrate be drunke and resolved to kill whomsoever he meets may not the people shot him up all night from doing mischiefe to take away a madmans sword from him is not to take away the property but to prevent the mischiefe Many of H. 7. freinds had sworne fealty to R. 3. yet H. 7. did well to kill him and we never read of my pardon obtained from the Pope the Royall race of H. 7. inherits still in our Soveraigne Lord King CHARLES to whom God impart as many graces as to all his Ancestors that as he hath made the heart of Gods people sad so he may now make it his royall study to set Jesus Christ upon his Throne by whose gain his Majesty can be no loser and long may that Royall race continue to administer and execute good and wholsome Laws for the prosperity of these Nations by which it is more honourable to command 10 free men then to tyrannize over 10000 Gally-slaves If the Magistrate in a Protestant Kingdom should introduce Popery as in Queen Maries time a particular man may not oppose but the Parliament might and by the Law of God ought to have opposed it But if the Lord had put a sword into the hands of the Smithfield Martyrs able in probability to have defended themselves these could not have dyed with comfort for their Religion for I cannot judge him a good Christian that is not a morall man and he that will not doe right to himselfe to defend his own life will hardly doe right to his neighbour he that hath but a little minde can be but a little vertuous I affirme that the Army may not disband in point of honour till this Kingdome be in a better way of settlement for I ever thought that there was more to be done for the happinesse thereof then the humiliating and geniculating of the late Oxford party whose
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 ju●gment of the Iudg●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 seem●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 the●efore that objection of a repugnancy in the countenance of this Pa●liament for how can ther● 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 pla●n that after this Parliament the●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 ac● 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 a● 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
their flesh the Papists raw flesh without bread some Priests would pronounce the words with a very loud voice thinking thereby to bring Christ the sooner from Heaven The people are angry with the Priest and say it is an incivility to invite a man to a Dinner and not make him drink others hold that no Article of faith can be contrary to a mans senses The Lord knowes that I write not this out of any Irreverence to the blessed Sacrament Dominicani Daem nic●ni Franciscani Fraudiscani Carmelitani Carnalitani Mendicantes Manducantes Cervi Servi but to shew that the Papists have more differences among themselves then the Protestants for he that will but read Mounseiur St. Aldegonds Table of d fferences between the Papists shall finde that there are above 500. differences between them about the point of Transubstantiation which Trent makes an Article of their faith and they differ in above 20. severall points among themselves the Iesuites contending for the Immaculate Conception of the Virgin Mary The Dominicans tooth and naile opposing it every order of Monkes and Fryars studying to advance themselves and commend their own Saint and Patron and debase others in comparison so as if there should bee as many subdivisions in every point wherein they are divided as about Transubstantiation which I think is no hard matter to make good I might conclude that there are 10000. differences among the Papists and yet they all agree cordially against the Protestants and live as lovingly as if they were universally of one opinion and in Luthers time haveing a generall meeting for the reconciliation of all these differences one of their Bishops subtile and politique fearing that Luthers Arguments would take w th the People to make the Masse an arrant strumpit desires to make one objection for his satisfaction against it the which was that either Christ held in his hand bread or his body or the accidents of bread or something else or nothing if bread then the word this must be taken for this bread and that would be repugnant if his body it had been absurd to say my body is my body and they say it is no body till after the prolation of the words if the accidents then the Transubstantiation was before the words and to break accidents is not to break bread if any thing else what was it if nothing the Scripture is false for hee took and to say that the word this demonstrates nothing as present but what shall be this is to make our Saviour a Iugler to deceive their senses concerning the Virgins conception without sin he was likewise pusled because the Scripture saies all have sinned but only Christ and how then do they keep a Holyday for the Virgins Conception for no day may be kept holy for an unholy thing Others said it was but tolerated not approved but saies the Bishop brethren you see these are rationall doubts and your jarring will be the Lutherans uniting therefore Pray since wee cannot all agree in opinion least our differences should advantage the common Enemy let us live in love and banish all strife and contention and I doe here by Authority from the Apostolique See decree an Amnestia and Oblivion of all differences that have sprung up amongst any Papists concerning variety and d●fferences in judgement the hearkning to which advice as some Polititians observe An Act that all that differ in opinion shall li●e lovingly non obstante was a meanes to continue the greatest part of Germany in the Romish Religion I remember that at Paris going to see the Cardinalls Library which was kept by Doctor Smith our Countryman a subtile man and a great Schollar Bishop of Chalcedon alias terra incognita he was very earnest with me to reconcile my selfe into the bosome of the Roman Church abusing that Scripture that the Nation which did not serve her should bee destroyed and so must England I told him that mysticall Babylon must bee destroyed and he speaking something uncivily of England saying he was persecuted for his service done to his honoured Mistris and deare Mother the Church of Rome I made bold to tell his Lordship that he Courted a foule Mistris not because shee was foule but because shee was in the darke and in the dark Pope Ioane is as good as my Lady Amongst other discourse he told mee that the Protestants in England would destroy themselves and intreating his reason said he do not you see how they persecute the Puritans in England and Scotland and at Geneva And in the French Church Master Melletier Amarant for smal differences in opinion who being men more singular for zeale then the rest are disgraced whereas in our Church those which are most zealous are most honoured and the humility and austerity of the Capuchines and Cordeliers helpe to make amends for the luxuriance of other orders I wish every understanding man would but ponder this Argument can that Religion subsist and flourish where the most strict and powerfull professors of it are the objects of malice and opprest for their Consciences Wee allow saies he a greater latitude of opinions in the Church of Rome notwithstanding the inquisition then your Bishops will do in England I told his Titulary Lordship that is was the interest of England to bee as zealous for the Protestant Religion as the Spaniard was for the Pop●sh The purity of the Gospell and the free exercise and practice in the power of it is now the interest of this Kingdom and there is no such way under Heaven to make this Kingdom suddenly happy as for all godly men though of different judgments to unite cordially together against the common Enemy I think no man will say but that the Independants are as great Adversaries to Popery as any others are in this Kingdome But now sayes the Reader I perceive you are for Liberty of Conscience that Babell of confusion and monstrous Chymera as men call it Stay good friend if you be a spirituall man and a new creature that hast found any mercy from heaven to thy poore soule I shall speak a few words with you about this businesse for spirituall arguments to a dead heart are but as warm water to a dead man for a carnall man to argue of spirituall priviledges is for a man to take out a hot Iron with his fingers Conscience is a Diamond and only wrought upon by the dust of a Diamond men that have no Conscience know not what it is The best argument that hath bin brought against the Congregationall way is that which the Papists urge against Christs Priestly office in point of satisfaction that it is more lyable to Abuses and Heresies then the way of Classes so sayes Aquinas if good works do not merit who wil do any good works the prudentiall way certainly to move men to doe good works is to tell them that they merit by so doing but look at the Institution what is the will of Christ I doe