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A85396 Hybristodikai. The obstructours of justice. Or a defence of the honourable sentence passed upon the late King, by the High Court of Justice. Opposed chiefly to the serious and faithfull representation and vindication of some of the ministers of London. As also to, The humble addresse of Dr. Hamond, to His Excellencie and Councel of warre. Wherein the justice, and equitie of the said sentence is demonstratively asserted, as well upon clear texts of Scripture, as principles of reason, grounds of law, authorities, presidents, as well forreign, as domestique. Together with, a brief reply to Mr. John Geree's book, intituled, Might overcoming right: wherein the act of the Armie in garbling the Parliament, is further cleared. As also, some further reckonings between thesaid [sic] Dr. Hamond and the authour, made straight. / By John Goodwin. Goodwin, John, 1594?-1665.; Glover, George, b. ca. 1618, engraver. 1649 (1649) Wing G1170; Thomason E557_2; ESTC R12380 138,495 164

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by the Authour That God who will blesse the righteous * Psal 5. 12. compasse you about with his favour as with a shield and make you as Angels of God to discern the cond●oements of this poor Nation and to quit your selves in all manner of worthy and prudent actions with all faithfulnesse accordingly This is the prayer not in face or words but in heart and soul of Your Honours most constantly devoted Servant in the Lord JOHN GOODWIN From my Studie May 17. 1647. ¶ The Contents of the ensuing Treatise THe Ministers great Contributioners to our late and present troubles Sect. 1. The weaknesse of their Addresse to the Generall and Councel of War for the taking them off from assisting the Judiciarie proceedings against the King Sect. 2 3 62 63 64 65. God himself cautioneth against the exemption of Kings from Humane Justice Sect. 3 4 c. A Law of the Land for putting Kings to death as well as other men § 5 6 7 The Plea drawn from the incompetencie of any Authoritie to question or sentence the King answered Sect. 8 9 10 c. The King especially under Delinquencie not superiour no nor equall to the bodie of his People Sect. 9 10 11. and 29. The People have a lawfull power to change their Government when they see just cause Sect. 11 12 c. Rom. 13. 4. Vindicated against the critique Annotation of Doctour Hamond Sect. 13. 1. Petr. 2. 13. Vindicated against the said Doctour Sect. 14 15 16 c. The Doctours Arguments for the immediate derivation of Kingly Authoritie from God answered Sect. 20 21 22 23 c. Par in parem non habet potestatem a rule in some cases none in others Page 29. 30 c. The greatest necessitie lightly imaginable lying upon the Armie to purge the House as they did Pag. 130 131 c. Argument drawn from Scripture injunction to obey Kings and Rulers answered Pag. 32. Who are to judge when or whether Kings be Tyrants Pag. 33. The Parliament a true Parliament and in a capacitie of ●recting a Court of Justice for the Triall of the King Pag. 34 35. Not under force Pag. 36 37 c. The non-concurrence of the House of Lords disableth not the Act of the House of Commons concerning the Triall of the King Pag. 38 39 40 c. The execution of Justice when neglected by the Magistrate d●v●lves of course to the People Pag. 41 42 44. The fact of Phineas so of Ehud reducible to ordinarie and standing rules of dutie Pag. 43. 44 c. The Ministers Plea from the Covenant answered Pag. 48 49 50 51 c. Reason why the Ministers build so much upon the Solemn League and Covenant Pag. 56. Argument from the Oath of Allegiance answered Pag. 57 58 59 ● Not necessarie that all accessaries in all cases of murtherous ingagements be punished with death Pag. 61 62. Why the King rather to be punished than his instruments P. 62 63 64 c. The Ministers Plea from the punishment of the Kingdom of Israel and of Sauls posteritie for Sa●l● violation of the Oath made to the G●●●onites answered Pag. 66. The Ministers put darknesse for light c. Pag. 67. being ●…●e● the worst of all Sectaries Pag. 6● How weakly they plead their opinion from the Scriptures Pag. 69. The notoriou● untruth of their Plea taken from the constant judgement of Protestant Divines Pag. 70 71 72 c. The Plea drawn from de●ect of Presidents answered Pag. 77 78 79 c. The Plea from the un-accountablenesse of Kings unto men answered Pag. 82 83 c. Psalm 51. 4. Against thee thee onely have I sinned opened P. 86 87 88. The King had suffi●i●●t means to know that his life might lawfully be taken from him for such p●●p●rations as he practised Pag. 88 89 c. The taking of the Protestation and Cov●nant after his ingagement in bloud by the Parliament and Kingdom was no s●are upon him Pag. 89 90. The King no way●s defensible by plea of Innocencie Pag. 90 91 92 c. His confession or concession rather of bloud-guiltinesse though in appearance politickly provisioned yet no argument of such depth of wisdom as some attribute to him Pag. 95 96. A b●i●f touch upon the Kings Book so call●d Pag. 96. The bloud shed by the King no bloud of wa● in any excusing sence Pag. 97 ¶ The Contents of the second Treatise M r Geree stumbleth at the threshold Pag. 100. The reason of his Dedication ibid. Mr Geree no friend to the Parliament though gratified by the Assembly Pag. 101. He condemneth himself Pag. 102. Prejudice an effeminate Passion Pag. 103. In stating the Question between him and Mr. G. he mistakes in every particular and besides conceals some things necessarie thereunto Pag. 103 104 c. M r. Geree pleaseth himself in finding out imaginarie buls Pag. 108 112 Popish writers in points extra-controversall as acute and sound as Protestant Pag. 110. M r. Geree confutes by the Authoritie of such Principles as this What the Word of God saith in one place it must needs say in every place Pag. 111. Not the same reason of subjection to Magistrates from Subjects which is from servants to their Masters ibid. M. Geree jears at new lights Pag. 112. How and how far Oaths to be taken according to the intentions of those who administer them Pag. 113 114 c. M r. Gerees four arguments to justifie the sequestered Members of Parliament answered Pag. 115 116 117 c. The Kings Concessions voted large by M r. Geree and M r. Ptynne antivoted dangerous and destructive by the Reason of one and the Religion of another Kingdom Pag. 117 118 c. An un-princelike Principle in Princes seldom or never to keep Faith with their People upon discontents Pag. 122 123 c. The King according to Mr. Prynne the avowed servant of the Pope P. 124. his distast against the English nation hereditarie Pag. 125. The Parliament would not have been invested in the peoples affections by any recommodation with the King Pag. 127. A DEFENCE Of the Honourable SENTENCE passed by the high Court of JUSTICE upon the late KING Sect. 1. IT is somewhat a slight Proverb but carries an Sect. 1. experienced Truth in it of good portendance to the Common-wealth that Good ale sieldom wants a friend on the beneh But that vile Actions Oppression Tyranny Treason Rapine Depopulations Murthers horrid Murthers yea the evident exposall of a poor wasted Nation to a re-suffering of her late endured miseries and extremities should find so many Friends in the Pulpit and amongst Pulpit-men as is notoriously known they do at this day is matter of a far more deplorable and threatening import unto the Nation That those fourtie odde Ministers of Jesus Christ nam quoniam vult Alexander Deus esse Deus esto or rather the stickling part of them for some were rather subscribed than subscribers yea some I understand have repented of
they be either Kings or Tyrants Are not these close Disputants Do they not with much acutenesse bring darknesse out of light drawing a conclusion out of such premisses where neither subject nor predi●ate either formally or virtually are to be found So again You know say they the sad examples of Corah Dathan and Abiram those ●editious Levites in their mutinous Rebellious and levelling design against Magistra●ie and Ministerie in the persons of Moses and Aaron You take too much upon you said they to Moses and Aaron seeing all the Congregation are holy Wherefore then lift ye up your selves above the Congregation of the Lord Which Moses fears not to call I know no reason why he should a gathering together agai●st the Lord and warns the people to avoid their Company Depart from the te●ts of these wicked men and touch nothing of theirs lest ye be consumed in all their sins After which the Earth opened his mouth and swallowed them up with all that appertained to them And yet there were in the Rebellion a considerable number of eminent men as there was in the rebellious Insurrections in and about the Citie of late years both Priests and others two hundred and fifty Princes of the Assembly famous in the Congregation men of Renown Ergo It is not lawfull for the C●vil Magistrates to put murtherers to death provided that they be Kings or Tyrants Doth not this conclusion follow roundly from the premises Is not the inference so pregnant and clear that a man without ●●es may see 't as apparently as ●e that hath the quickest sight of all yet again they seriously beseech his Excellency and Army ●● learn John Baptists lesson for Souldiers Doe violence to no man or put no man in fear neither accuse any man falsly and be content with your wages But if you persist in these waies wherein you never yet walked behold you have sinned against the Lord and be sure your sin which you never committed will find you out And take ●eed lest when the hand of God shall overtake you and turn the wheel over you you be found to suffer both as evil doers and as busie-bodies such as we are in other mens matt●●s 〈…〉 Ergo murtherers if they be either Kings or Tyrants ought not to suffer Capitally by the civill sword This is a learned argument drawn à majori ad nihil These with the example of Gods severe punishment against the kingdom of Israel and Sauls posterity for Sauls slaying the Gibeonites living peaceably and harmlesly in the land contrary unto oath together with those other texts altogether as irrelative to their purpose as the former as hath been sufficiently evinced by others viz. Prov. 24. 21. Thess 3. 6. Tit. 3. 1. Rom. 13. 1. 2. are all the proofs they levie from the Scriptures to prove their opinion wherein they plead the Prerogative of Kingly murtherers against the expresse commandment of God to be consonant unto them Who can imagin that forty seven men professing Scholarship and good letters and besides trained up from their youth in the study and preaching of the Scriptures should not be able laying their heads their wits their memories their learning their parts and all but their consciences which it seems they laid aside together evidently to see and conclude that there is not so much as a face no nor as the least lineament of a face in all their citations of that opinion which they most importunely and imperiously seek to obtrude upon the consciences of the Generall and his Councel and in them upon the world If they be mistaken who judge these men a self-condemned generation it is too great an opinion of their parts learning and freedom from phreneticall passions that deceiveth them As for that which they adde concerning the uniform and Sect. 66 constant judgement of Protestant Divines both at home and abroad as being consonant unto theirs in the said opinion it is next to the removing of mountains for any considering man to believe but that this also is affirmed by them not only with the secret regret but even with the loud reclamation of their consciences For not to insist upon that saying of one who upon good grounds I believe is able to make it good against all gainsayers viz. * Tenure of Kings and Magistrates by J M. p. 29. That there is no Protestant Church from the first Waldenses of Lyons and Languedoc to this day but have in a round made War against a Tyrant in defence of Religion and civil liberty and maintain'd it lawfull And if so then much more to proceed in a judiciary way against him when they have opportunity The writings of their own Authors and Friends persons of the same judgement and dear interest with themselves in the cause of Presbyterie which it cannot reasonably but be presumed they have read at least some of them are pregnant with this opinion that Kings in many cases of male-administration of the trust and power committed unto them may lawfully be deposed yea and sentenced with death Insomuch that M r Iohn Knox a man of renown in all the histories of Presbyterie and who laid the corner stone of this Government in the kingdom and Kirk of Scotland being by a generall Assembly commanded by the Nobility to write to Calvin and other learned men for their judgements in the question whether Kings in criminall causes as of Murther Tyranny c. might not lawfully be proceeded against by their Subjects alledged that both himself was fully resolved in conscience and had heard their judgements and had the same opinion viz that Kings might lawfully be deposed and capitally John Knox his history of Reformation of Religion in the realm of Scotland p. 397. dealt with in the said cases of many the most godly and most learned that he knew in Europe so that if he should move the question to them again he should but shew his own forgetfulnesse or inconstancie The same Author at this Assembly maintain'd openly in a dispute against Lethington Secretary of State that Subjects might and ought to execute Gods judgements upon their King that the fact of John and others against their King having the ground of Gods ordinary command to put such and such offenders to death was not extraordinary but to be imitated of all that prefer'd the honour of God to the affection of flesh and wicked Princes that Kings if they offend have no priviledge to be exempted from the punishments of law more than any other subject so that if the King be a Murtherer Adulterer or Idolater he should suffer not as a King but as an offender These things he inculcates over and over into those that were present and ads many more of the same import with them This pillar of Presbyterie in another book of his having declared his judgement freely against the establishment of Idolatrous and persecuting Kings and Rulers by the people advanceth his discourse in these words Neither
aggravating circumstance one or more the Justice of God in this case may well be conceived proportionably to allow somewhat out of course and above the rule for ordinary cases touching the manner of inflicting the punishment When a sin which for the kind of it and without any aggravating circumstance deserveth death is committed with any unnaturall and execrable aggravation besides God usually covereth all irregulariti●s which are found in or about the Execution of Justice upon the sinner and justifieth the Execution though it be not managed in all circumstances according to standing rules of Justice in ordinary cases There is the same consideration of the fact of E●ud in killing Eglon unto whom by right of conquest the Israelites had now been in subjection 18 years For howsoever some Court Rabbies secretly to enchant Kings into Tyrants for their unworthy ends have endeavoured to disguise the face of this example also and to make it look like the naturall off-spring of some super-Scripturall converse between God and the spirit of the Actour yet hath the devise been too hard for them to perform neither Scripture nor sound reason affording any assistance to the attempt But this by the way Thus then we see that according to the Scriptures when Sect. 44 Superiour Magistrates faulter in such executions of just Laws which properly and by office belong unto them the right of these Executions acc●ue to the Inferiour and in case these faulter and fail likewise the power right and care of all such executions devolves not onely by way of right or power but of duty also upon the people Nor is this principle of Devolution in case of failer in the Superiour asserted onely by God in the Scriptures our adversaries themselves in the ca●se now under plea are friendly yea and zealous assertours of it also The Scottish Covenanters in the year 1639. upon the Kings delay in calling their Nationall Synod published a writing to this purpose that the power of calling a Synod in case the Prince be an enemie to the Truth or negligent in promoting the Churches good is in the Church it self * T●● M●● 〈◊〉 ●●●●●l●…nt c. l●b 3 ● ●● M r. Prynne borrowing Junius Brutus his pen in case of the incroachment of Tyranny upon the people w●o as he saith are Lords of the Publick from the Prince and the conniveance or collusion of most of the Nobles doth not onely acknowledge it as a thing lawfull but enforceth it as a duty and matter of conscience that any one of the Nobles who considers the inc●oaching Tyranny and detests it from ●is soul take care lest the Common-wealth receive any detriment Yea saith he he shall preserve the Ki●gdom even against the Kings will and resistance by which ●e ●imself becomes a King * 〈…〉 c. with much more to like purpo●e So that M r. Prynne is clear that in case the next of kin refuseth he that is more remote may lawfully take the relict to wife In the Tractate last mentioned he c●teth the Judgement of Georgius Ob●●c●us a great Lawyer wit● severall others standing to the same point M● R●t●e●ford the great Patron of Presbytery notwithstanding patronizeth also that devolution we speak of Convention of the Subject saith he in a tumultuary way for a s●ditious end to make War without warrant of Law is forbidden but not when Religion Laws Liberties invasion of forreign enemies neces●itat●th the subjects to convern though the King and ordinary Judicat●res going a corrupt way to pervert judgement shall refuse to consent to their conventions c. * 〈…〉 And more plainly in another place When the King defendeth not true Religion but presseth upon the people a false and Idolatrous R●ligion in that they are not under the King but are presumed to have no King eatenus so far and are presumed to have the power in themselves as if they ●ad not appointed any King at all as if we presume the b●dy had given to the right hand a power to war● off strokes and to defend the body if the right hand should by a palsie or some other disease become impotent and be withered up when ill is coming on the body it is presumed that the power of defence is recurred to the left hand and to the rest of the body to defend it self in this case as if the body had no right hand and had never c●mmunicated any power to the right ●and at all * 〈…〉 Long before him M r. John Knox his country-man and great Architect of the Presbyterian disciplin in Scotland in a generall Assembl● a●ouched it in a dispute against Lethington Secretarie of State to be the judgement of Calvin and of the most godly and most learned Presbyterian Divines that be in Europe that the Inferiour Magistrates and upon their final default the people may and ought to execute their Princes for murthering or destroying there liege Subjects Pol●nus a learned man and a Reformed Divine of good note expresly granteth that when Bishops and Ecclesiastiques are defective either in will or skill for the Reformation of Religion and the Church laiques or private men may lawfully supply their defect herein and act the part of Bishops or Ecclesiasticall persons in such Reformation * 〈…〉 So that opinion which asserteth the right of Authoritative Executions unto Inferiour Magistrates though properly and primarily appertaining unto Superiour when these neglect or refuse them and unto the people when all Magistracie as well that which is Inferiour as that which is Superiour neglect them is no Independent opinion much lesse any private opinion of mine own it is the signall Doctrine of the greatest Rabbies in the Presbyterian School Let me adde this from a late writer that from dilig●nt search m●de into our ancient books of Law it is affirmed that the Peers and Barons of England had a legall right to judge the King which was the cause most likely for it could be no slight c●●se that they were called his Peers and Equalls And to conclude as to this point this present Parliament whilst as yet the Legality of it was not questioned in the least through any dismembering or otherwise and whilst it was as yet it remains for ought I know Presbyterian enough viz. in May 164● upon that Kings refusall of the Bill for the calling of the Assembly o●t tendered unto him fell to argue fully a●gued what i●●●c● cas●● might ●e done by Authority of Parliament when t●e Kingdoms g●●d is so m●ch concerned when a King refuseth a●● abs●nt●th himself from the Parliament And at last it was brought to this Conclusion that an Ordinance of Parliament wh●r● t●e King is so absent and refusing is by the Laws of the Land of as good Authority to ●ind the peo●le for the time present as a● A●● of Parliam●nt it self can be * Th● M●● H●●● ●●●●r●…● l●b ● ● ●● Therefore this Conclusion stands like a great mountain immoveable that the Justice and
that mercie to all the three Kingdoms which would be expressed and shewed unto them as well in the preservation of those liberties as in the Execution of Justice upon their enemies and disturbers of their peace 2. Suppose the preservation of the Kings person had been Sect. 47 simply and without any limitation or condition injoyned in the Covenant yet the injunction being grounded upon this presumption that the King himself should and would enter into the same Covenant with us he refusing to come into the bond of the Covenant excludeth himself from all the benefit overtu●ed unto him in the Covenant upon those terms and dischargeth the Covenanters from all Covenant-obligations relating unto him The Author of the Discourse intituled Lex Rex was I suppose at the framing of the Covenant in Scotland yea and probably fashioned it both behind and before or however hath ploughed with a better heifer than all our Subscriptioners have done to understand a right the riddle of it yet he teacheth us this Doctrine for truth that if the Condition without the which one of the parties would never have entered in Covenant be not performed that person is loosed from the Covenant * L●●●●g p●g ●● Now I appeal to the Consciences of the Subscribers or to as many of them as have taken the Covenant whether they would have Covenanted the preservation of the person and Authority of the King if they had known the King would not have Covenanted the other things with them especially if they had known that he would so desperatly have opposed all the main ends of the Covenant as he did But this nail I remember is driven home to the head by that work-man who drew up the Armies large Declaration Therefore 3. Where a promise is either made or sworn conditionally Sect. 48 especially when the performance of the condition by him to whom or on whose behalf the promise is made or sworn is of greater moment than the performance of the promise it self in such cases it is as clear as the light that the non-performance of the condition by the one party induceth a disobligation of the other party from performance of the promise How much more when there is not onely a simple non-performance of the condition but also a practising with an high hand in opposition to it First evident it is that those words in the Covenant in the preservation and defence of the true Religion and Liberties of the Kingdom import a condition to be performed on the Kings part without the performance whereof the Covenant obligeth no man to the preservation or defence of his Person or Authority If this be not the clear meaning and importance of them the Covenant is a Barbarian unto me I understand not the English of it But if men will impose aenigm●s in the name of Covenants or Covenants made of riddles they can reasonably expect no observation of them but onely from some Oedipus or Fortunatus unlesse they will please to send their heifer along with them Secondly whether the Preservation and Defence of the true Religion and Liberties of the Kingdom be not a matter of far greater consequence than the Preservation and Defence of the Person and Authority of the King I am content to leave it to the Ministers themselves to judge and determin Thirdly whether the King hath not all along since the taking of the Covenant by the Generality of the Parliament and Kingdom acted in a way of full opposition to the preservation and defence of true Religion and the Liberties ●● the Kingdom I do not much fear to refer to the same arbitration Certain I am that if their tongues and pens were not at va●iance with their judgements this was their unanimous judgement and award wh●●est the Parliament smiled and the King f●owned upon the Presbyterian Interest Therefore as God by his promise of ●aving those who shall believe stands no wayes bound to save those who shall not believe so neither doth any Covenant or promise though made with Oath to preserve a●d defen●● t●e ●ings Person and Authority in case ●e shall preserve the t●ue Religion and Lib●●ties of the Kingdom oblige any man to the preservati●n or defence of either when the King acts destructively either to the true R●ligi●n or to the Liberties of the Kingdom least of all when he acts destr●ctively unto both M● Prynne himself approbante calam● citeth these words amongst many others of like import out of J●●tus Brutus Therefore the people are obliged to the Prince under a condition the Prince purely to the people Therefore if the condition be not fulfilled the people are unbound and the Contract void the Obligation null in Law it self * 〈…〉 Nay 4 The truth is all things duly considered that the Covenant Sect. 49 doth not more if so much promi●e or overture unto the King the preservation or defence of ●is Person or Authority by those that should take it as threaten him with the neglect yea and ruin of both from them Thus far the case is evident he that promiseth upon condition intimates and to a degree threatens non-performance of promise in case the condition be not performed especially when the performance of the condition is of much concernment to him that maketh the promise Suppose that God should onely have made such a promise as this unto the world Whosoever believeth in my Son Christ shall be saved without the explicit addition of this threatening but he that believeth not shall be damned it had been a pregnant Item and caveat given unto the world not to have expected salvation from him unlesse they believed Yea the promise ●● self contains a tacit threatening of condemnation unto those who believe not Nor is it a thing reasonable or worthy of God to conceive that he in a most serious and solemn manner and when he would speak most like unto himself should promise salvation unto the world upon condition that men believe and yet at the same time intend to save them whether they believed or no. Nor would it be in men any thing lesse than taking the Name of God in vain to swear in a solemn manner and with ●ands lifted up to heaven the preservation and defence of the Kings Person and Authority upon condition that he prese●v● and defend the true Religi●n and Liberties of the Kingdom and yet to tell or intimate unto him at the same time that they will preserve and defend his Person and A●thority whether he preserves Religion and Liberties or no. 5 If there be any thing in the Vow Protestation or Covenant Sect. 50 against bringing the King to a judiciary Trial and sentencing him according to his demerits the Ministers themselves are far deeper in the condemnation of tran●gr●ssours than those that have acted in or towards this bringing of him to trial or that have given Sentence against him at least in respect of any guilt contracted by them by either of
the taking away of Episco●acy root and b●anch * 〈◊〉 of the 〈◊〉 a●sw●●●● the 5 〈…〉 pag ●● which the Parliament have ingaged themselves by Covenant and Oath to endeavour to the uttermost nor yet any sufficient provision for matters of Religious concernment † Ib●d pag. ●4 ●● which yet hath alwayes been prescribed and urged upon the Parliament by M● Geree and his party as the Primum quaerite in their accords and closures with the King By the way how shamelesly doth M r. Prynns pen over-lash in affirming that the King by these concessions hath fully and actually performed those two grand Conditions the preservation and defence 1. Of M● Prynne Speech of Declar 4. 1648 pag. ●4 the true Religion 2. Of the liberties of the Kingdom upon which the preservation and defence of his Person and Authority are suspended by the Covenant as himself granteth By the Religion of another Kingdom condemning M r. Gerees Sect. 18 and M● Prynnes judgement about the Concessions of the King I mean the Ministers of the Church and Kingdom of Scotland who in their necessary and seasonable Testimonie against Toleration concerning the Treaty in the Isle of Whight pag. 12. speak thus And doubtlesse the Lord is highly displeased with these proceedings in the Treaty at Newport in reference to Religion and Covenant concerning which they accepted of such concessions from his Majestie as being acqui●sced in were dangerous and destructive unto both This sence of these Ministers touching the said concessions of the King the late Scotch Commissioners in the latter of the two letters sent to the Parliament a little before their departure expresse not onely a● their own but as the sence of their Parliament itself also Their words are the●e Wherefore we do in the Name of the Parliament of Scotland for their vindication from fal●e a persions and calumnies Declare that though they are not satisfied with his Majesties Concessions in that late Treaty at New●o●t in the ●●● of 〈◊〉 e●pecially in matters of Religion and are resolved ●ot to crave his Majesties restitution to his Government before satisfaction be given by him to his Kingdoms yet c. Was not M● Geree a substantiall and close Di●putant to take that for granted and as needing no proof the truth whereof two Kingdoms and that in their best capacitie of discerning doe not onely question but positively deny Nor could M● Prynne lightly have uttered any thing more stigmatically and desperately reprochf●ll to the whole species and Order of Kings than in saying that the Kings Concessions were the larg●st safest and beneficiallest ever yet granted by any King to his Subjects since the Creation But Secondly to the Assumption of M r. Geree's first Argument Sect. 19 I answer further that the Parliament men he speaks of were so far from keeping to their Principles Professions and Declarations in their endeavours to settle the Kingdom upon the terms he speak's of that herein they started aside like broken bowes from them The Parliament it self complains of their apparent defection in this kind Yet here again say they We were encountered with unexpected difficulties by the APPARENT DE●ECTION of some of our Members who not regarding the glory of God nor good of the Common-wealth but being carried away by base ava●ice and ambition did labour the bringing in of the King again with all his faults without the least Repentance c. * Declar●● of the ●●●● of J●● 15 ●●●● Again when they endeavoured such a settlement of the Kingdom as M r. Geree speaks of did they keep to their Principle or Vote of no more addresses to the King as being a person uncapable of further Trust or to their profession of indeavo●ring to preserve the liberties of the Subject or of the ●xtirpation of Episcopacy or to that principle by which the● sometimes judged it necessary that some one Proposition at least for t●● honour of the T●eatours and for the security of the things treated for should be premized and assented unto by the King before any Treaty † ●e●●he ●●●● D●●l●● o● J●n ●● ●●48 pag ●1 or did they keep to their principle of bringing Incendiaries and Delinquents to condign Punishment or to their principle concerning the abolishing of the Kings negative Oath The clear truth is that in that attempt of setling the Kingdom which M r. Geree speake of they turned head upon all their Principles Professions and Declarations at once which at any time formerly they either held or made in true Conjunction with the Liberties of the People and Interest of the Kingdom Therefore with this Argument he onely beats the air instead of relieving his Clients Nor doth his second Argument turn to any whit better accommodation Sect. 20 unto them For to passe by the Major Proposition which yet without further explication is not too sacred to be touched the Minor is no Correspondent with the Truth The oppressed Members as his over-compassionate Mus● stileth them did not in that act of settlement he speaks of proceed in a way to which they stood ingaged by many solemn and Religi●us ●ands no he neither doth nor can prove that in the ●aid Act or attempt the Members he speaks of discharged or observed any one solemn or Religious band to which they stood ingaged according to the legitimate and true import and intent thereof For neither did the Oath of Allegiance nor the Oath of Supremacy nor the Protestation nor the Nationall Covenant ingage t●em to preserve the Kings Honour Safety and Greatnesse upon any such terms the performance whereof should clearly involve them in a manifest disobedience to the Law of God as viz. that which inflicts the penalty of death upon the Murtherer and apparantly withall expose the Nation to slavery and misery which the reass●ming of the King into his Throne and Power upon his Concessions m●st need● have done as the Parliament it ●elf hath once and again declared yea and reason it self in con●ort with the experience of all age● abundantly confirms But that the●e Members in their intended settlement of the Kingdom upon the terms magnified by M r. Geree did break many Solemn and Religious bands wherein they stood ingaged unto God and to the Kingdom is a truth ●ic●●r in evidence than to need proof They stood ingaged by such ●ands to the observation of the Law of God as well where it commands the punishment of Murtherers as otherwise to the Preservation and Defence of the liberties of the Subject to the Extirp●●i●n of Epis●●●●cie ●● the bringing of In●endia●ies and Delinquents to condign punishment c. all which bands with many more they b●●●●●●d ●●st from them ●● the●● compliance with the King upon his terms So that M r. Geree's clients are not yet recti in Curiâ He lifts up his hand yet again in their Defence and shews his Sect. 21 good will towards them in this Argument They that walk in a way suteable to
the Religion that they professe and after the pattern of the wisest and best Professours of it they are sober c. The Parliament men in according with the King upon his Concessions walk suteable to the Religion they professe and follow the patterns of the wisest and best Professours of it Ergò But here also M r. Geree assumes that which was not lawfull for him to do For the Parliament men he speaks of did not in according with the King upon his Concessions walk as he pretends either in the one respect or the other For 1. It is no wayes suteable to the Religion which these men professe either to walk in manifest opposition to the Laws of God or to recede from especially to tur● head upon such religious Ingagements which they might very well have discharged without any touch or tincture of sin Nor 2. did they in their said accord with the King follow the Patterns of the wisest and best Professours of their Religion For amongst the wis●st and best Professours of this Religion obedience to the Laws of God is both taught and practiced and so likewise is the observance of Religious ingagements when it may be exhibited without sin M r. Gerees proof of his Proposition from Junius Brutus passeth by on the other side and scarce looks so much ●s towards it The passage he cites speaks not of Princes that h●ve murthered their Subjects and are like being admitted to terms of peace to murther them s●ill nor of Subjects who have ingaged themselves by many Religious bands unto such things which are utterly inconsistent with such an admission of their Prince to peace as he speaks of And I beleeve that neither Juni●● Brut●● nor any other Protestant Authour can parallell the case between the late King of England and his Subjects no not in such circumstances which are of greatest moment and weight to fram a resolutio● upon Therefore M r. Geree hath not yet recovered hi● friends out of that politicall phrensie in respect whereof the Act of the Army in restraining them is justifiable His fourth and last Argument managed in their De●ence i● Sect. 22 this Those whose work a●d trust is to provide for the Honour safety peace and prosperity of a Nation who proceed in the most probable way to promote the honour safety peace and prosperity of that Nation they are sober in their wits true to trust But such was the work and trust of the restrained Members they took the most probable way to promote all these Ergo. I answer by denying yea and more than denying the Minor The restrained Members in their closure with the King upon the terms so oft mentioned were so far from proceeding in the m●st probable way to promote the ●onour safety c. that the course they steered herein was highly menacing the honour ●afety and peace of the Kingdom yea according to the most pregnant symptomes of a probability likely to have fild the land with all the bitter and dismall fruits of enraged Tyranny For 1. The King was an old and known Practitioner in pretences and shifts to evade any obligation whatsoever lying upon him whether by promise compact or oath in order to the promotion of his tyrannicall ends yea though he were in never so clear and absolute a capacity for ingagement when he did ingage himself in any of these kinds I shall not need to instance particulars he never pawnd but he forfeited fides quoties facta toties fracta Hi● wont was in his greatest injoyment of freedom and power to spread promises as snares in the way of his people to take and to destroy them Now t●e by-past actions of men as I say and prove more at large in my Right and might well met * P●g 19. ●0 c. especially practised in an uniform tenour for any considerable space of time are propheticall of what their future ●ctions are like to be Neither doth M r. Geree tender so much as a first-fruits of the least or lightest probability that the King had he been re-advanced unto his power upon his Concessions would not upon the first opportunity have taken and cast them behind his back as he had from time to time served his promises formerly In respect of this known ●edifragous disposition and G●nius of the King the Parliament plainly say concerning his Concessions that there wa● no pr●bability that they would be kept * D●●l●● o● J●n 15. ●●●● pag. 10. Nay 2. there was so much the 〈◊〉 ●●obability that the Sect. 23 King for standing by these Concessions would have receded from his former practise of promise-breaking by how much the more plausible a pretext he had for ●●● de●●rting them above what he was ever accommodated with before for the violation of any other promise made by him All his former i●gagements were taken up by him whilst his person was infulnesse of ●onour liberty and power whereas these Concessions were drawn from him upon an advantage taken from his low condition being now in a kind of durance and under the power of the Parliament In which respect whatsoever he should grant or ●ield unto upon such terms would seem ra●●●r e●torted and wr●ng f●om him by the iron hand of neces●ity and fear than be looked upon as the genuine and free ●cts of his will and con●equently a recesse from them m●st needs have been very easie of digestion unto him who had so familia●ly accustomed himself to eat words of a far worse and mo●e di●ficult concoction Upon this ground the Parliament it self looks no otherwise upon those Concessions of his which M● Ge●ee and M● Prynn● so much magni●ie than as words intended by him onely for his accommodation not obligation Neither can we believe say they that any agreement we could have made with the King in the Isle of Wight in the condition he was then in would ever have been ob●erved either by him●elf or his pa●ty For ●etting aside the bare name of Honour Safety and Freedom which the Treaty did pretend unto neither the King or any of his did ever hold him in any other condition than that of a Prisoner * 〈…〉 And having clearly proved this from expressions of his own both in a message sent by him to both Houses Oct. 2. 1648. in letters to a prime Magistrate in this Citie as also from the Prince his Declaration made at Goree they subjoyn thus And since inforced Oaths are in many mens judgements not necessary to be kept what assurance could we have that He who had so often failed of his promise made to us when he was free and at his own disposall would make that good to us when he came to be re-established in His Royall power which he had oblieged himself to doe when he was in durance and a Prisoner Yea M r. Geree himself seems to intimate a degree at least of unreasonablenesse in the terms put upon the King by the Parliament in the said Treaty
me in my Anti Cavali●risme because in these h● deals onely in conjecturals and though his conjecturals in this kind should be indulged into demonstrations yet the cause against which he levieth them would be very little endammaged by them upon this double accompt I shall discharge my self from reponing any thing of mine own unto them judging that which hath been already published by others to be fully sufficient for the ex-authorizing whatsoever he hath written or can be written either by him or any other man in the behalf A first-fruits hereof I shall present unto the Reader from the pen of a learned Scotch-man a man royall enough though not so rank haply of the Devotion as the Doctour in this transcription following I will not go about saith ●e in answer to his Pre●●ticall Antagonist who brought Tertullian with his old worn weapons into the field against him to say that Tertullian thought it lawfull to raise Arms against the Emperour I ingenuously confesse Tertullian was in that errour But 1. something of the man 2. Of the Christians Of the man Tertullian after this tur●ed a Montanist 2. Pam●lius saith of him in Vit. T●rtull inter Apocrypha numera●ur excommunicatus 3. It was Tertullians errour in a fac● not in a question that he believed Christians were so numerous as that they might have sought with the Emperours 4. Mr. Prynne doth judiciously observe 3. part Sovereign power of Parliament pag. 139. 140. he not onely thought it unlawfull to resist but also to ●●ee and therefore wrote a book de Fuga and therefore as some men are excessive in doing for Christ so also in suffering for Christ Hence I inferre that Tertullian is neither ours nor theirs in this point and we can cite Tertullian against them also J●m sumus ergo pares Yea M r. Fox in his Monum saith Christians ●●● to the stakes to be burnt when they were neither condemned nor cited 5. What if we cite Theodore● fol. 98. de Provid who about that time saith That evil men reign 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 through the Cowardlinesse of the Subjects As the Prelate saith of T●r●ull●●●● I ●u●n it if T●●●doret w●●e now living he would go for a 〈◊〉 About that time Chris●i●●● so●●ht help from Constanti●● the Great against Lyri●●●● their 〈◊〉 perour and overthrew him in battel And the Christ●●●s being oppressed by the King of Persia their own King sent to Theod●●i●s to help them against him 1. For the man Tertullian in the place cited saith ●he Christians were strangers under the Emperour Externi sum●s and therefore they h●d no Laws of their own but were under the civill Laws of Heathen till ●onstantines time and they had sworn to J●li●n as his Souldiers and therefore might have and no doubt had scruples of Conscience to resist the Emperour 2. It i● known that J●lian h●d huge numbers of Heathen ●n his Armies and to resist had been great danger 3. Wanting Leaders and Commanders many prime men doubting of the Lawfulnesse thereof though they had been equall in number yet n●mber is not all in War skill in valourous Commanders i● required 4. What if all Christians were not of Tertulli●●● mind 5. If I would go to humane Testimonies which I judge not satisfactory to the Conscience I might cite many the practi●e of E●a●●● of 〈◊〉 the Divines in Luthers time● as Sleid●n 8. cap. 8. 22. re●olved resistance to be Lawfull Calvin Beza Pare●● the Ger●●●● Divines B●c●n●● and an host might be p●oduced L●●●●● pag. ●7● ●7● To this passage I shall onely adde the mention of some p●rticulars Sect. 5. in order to the Docto●●s satisfaction about any t●●●g found either in Tertullian or Cyprian about the point depend●●g between him and me from M r. Pr●● himself a man as deeply now at last baptized into the Spirit of Roy●lisme as the Doctour himself First ●hen saith Mr. Pr●● I say that ●eit●er of their Father● say that the primitive Christians ●●ld i●●nlawfull much lesse damnable in point of cons●i●●●e for them to resist their persecuting enemies no such syll●ble in any of them And Tertulli●●s Si non ap●● ista●● discipl●●●m magis Occidi licet qu●n ●ccidere by the way of necessary defence implyes no such thing but rather proves the co●●rary that resistance is lawfull because it is Lawfull to be s●●int as a Martyr therefore in thi● case to slay So that there is nothing in their Authority in point of conscience to condemn the Parliaments resistance and defensive War ●● unlawfull Secondly they all seem to grant that the Ch●●st●●ns deemed ●esistance ●ven by force of A●●● to be Lawfull for th●m though they used it not no Text of 〈◊〉 ●●ohibiting but allowing it and their Fathers producing no one Text which truly condemns it this being the very sum of their words That though the Christians were exceeding many in number of strength and power abundantly sufficient to de●end themselves in a Warlike manner against their Perse●utors and had full Liberty and no restraint upo● them in point of Conscience either to withstand their persecutours with Arms or to withdraw themselves from under the Jurisdiction of their persecutours into remote parts to the great weakening and losse of the State yet such was their patience ●nnocency and desire of Martyrdom that they resisted not their adversaries with force nor re●ired nor ●●ed away but cheerfully yielded up their bodies liberties lives to the cruelties of their enemies to obtain that Crown of Martyrdom which they d●sired c. This is the sum of all those Authorities which evidence Resistance Lawfull in it self and to those Christians too in their own judgements and resolutions though the desire of Martyrdo● made them freely to forbear it Thirdly their examples of not resisting Persecutours being rather voluntary than enjoyned out of a longing desire to be Marty●● and an assurance of Divine vengeance to be executed on their Persecutours is no restraint nor ground at all for other Christians now not to use any forcible resistance with much more upon this head Fourthly the Christians not onely refused to resist their oppressing Emperours and Magistrates who proceeded judicially by a kind of Law against them but even the vulgar people who assaulted stoned ●lew the● in the streets against Law as Tertullians words Quoties ●nim pr●●●ritis ● vob● su● jure nos inimicum vulgus inva●it lapidibus incendi●s c. manifest without all contradiction And indeed this passage so much insisted on relates principally if not onely to such assaults of the rude notorious vulgar which every man will grant the Christians might lawfully with good Conscience forcibly resist because they were no Magistrates nor lawfull higher powers with more likewise to very good purpose upon thi● head Fifthly Admit the Christians then deemed all for●rible resistance of Persecutours simply unlawfull in point of Conscience ●● being a thing quite contrarie to Christian Profession and Religion then as it necessarily proves on the one
side that even Christian Kings Princes Magistrates must in no wise forcible resist the Tumults Rebellions Insurrections and Persecutions of their Subjects because they are Christians as well as Rulers and in this regard equally obli●ged with them not to resist with arms much lesse then their Parliaments forces lawfully raised for the publick Defence so on the contrarie part it follows not that therefore resistance is either unlawfull in it self or that the Parliaments present resistance is so For first such resistance being no where prohibited as I have formerly proved their bare Opinion that it was unlawfull to them cannot make it so to them or us in point of Conscience since God hath not made or declared it so Secondly the Primitive Christians held many things unlawfull in point of Conscience which we now hold not so he might have added nor have any sufficient ground so to hold Of which assertion he makes proof by ●●●dry particular instances which the Reader may please to peruse at his leasure Sovereign 〈◊〉 of 〈◊〉 c. pag ●●●●●● 142 1●● 144. I suppose the Doctours Tertulli●nisme is ●ufficiently and with advantage balanced by the discussions recited from the two pre-mentioned Authours whose learning and Authority I rather chose to make use of for his satisfaction because of the friendlinesse between their judgements and his i● the case of the late King 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. H●m ●● ●● An admonition from a friend Is likest to obtain it's end All my Contests with the Doctour hitherto have been levied and managed in justification of my Intellectuals against the imputations of his There is onely one more remaining wherein I shall plead the innocencie of my morals and demonstrate the unrighteousnesse of his in their criminations For pag. 6 of his humble Addresse c. he chargeth me with flatterie yea with such flatterie the very mention whereof was matter of amaz●ment and horrour unto him besides many other eloquentiall aggravations But that I may not make my Accuser more unrighteous in his accusation of me then he hath made himself I shall transcribe the words of his charge as himself hath drawn it up in the place mentioned Having recited some passages and expressions of mine concerning the Army and some of their late actions which I shall have occasion presently to mention he commenteth thus The la●genesse and ex●rbitanc●● of thes● expressions I was my self so amazed a● that I canno● but mention them to you by the way a● matte●s of horrour which lik● the peoples acclamation to Herod or the Lycaonian● to Paul and Barnabas if they beget not in you a just indignation with the latter may very probably bring the fate of the former upon you to be eaten up with worms after you have been thus terr●fied now that you have no other visible enemy but your selves and such Flatterers c. For matter of morall deportment I confesse I have not heard of any thing wherein the Doctour hath so abused his name and Reputation not to meddle with his Conscience as in this ●ycophantrie or false accusation But herein God hath shewed me the Grace and Favour which very frequently he sheweth unto his servants as heretofore I have observed in case of accusation and charge by men which is so to blind and order the cal●mniating spirit in their Adversaries that it shall not see or take notice of their true and reall infirmities or failings but seek their de●amation by laying such things to their cha●ge which are most contrarie to those virtues or commendable Principles and wayes that are most signally eminent in them For the truth is my Conscience bearing me witnesse that of all un Christian and un-manlike mis-behaviours there is a peculiar Antipathie in my Genius and Principles against the sin of flattery and all unworthy compliance with great Persons Which Principle though it hath kept me from honour and preferment in the world yet hath it abundantly recompensed that inconvenience otherwise nor do I intend to sell it of to recede from it at any rate whatsoever And as for the Practique of Flattery and all undue Applications to the Greatnesse of this world I presume all that know me and the ma●ner of my course and conversation will very freely be my compurgatours But as there is a great abho●●encie in my temper from Flatterie so I confesse there is a strong and vigorous propension to vindicat● worthy and honourable Actions by whomsoever performed whether by shrubs or Cedars when I find them in distresse I mean under obloquie and reproch by the tongues or pens of men In the managing of this Principle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 it is very possible that my pen being warm ma● rhetorize a little on the right hand which hath alwayes been counted a very ●●niall De●inquencie by ingenuous men But concerning those expressions of mine which the Docto●r Sect. 7. very unworthily and witho●t cause chargeth with ●orrid and amazing Flat●●●ie with Flatteri portending Herods fate of scol●cobrocie to the Lieutenant General and his Councel of War unlesse they reject it with indignation if he had read them with a s●●gle eye he would have found them nothing worse than w●●ds of s●be●nesse and of truth The first expression the ●xor●i●ancy whe●eof so much amazed him was that I pretend to demonst●ate the Honour and Wo●th of the Armies Actions I wonder by the mediation of what topique axiome the Doctour will be able to reduce this expression to an import of Flatter●● much more of any amazing or horrid Flatterie To speak of a Demonstration of t●e Worth and Honour of such Actions which indeed are worthy and honourable was never doubtles●e untill now deemed Flatterie If he conceives that in this expression there is Worth and Honour insinuatingly asc●ibed unto these Actions and means that this is flatterie it h●d been time enough for him to have taken up this conceit when he had substantially proved the said Actions to have been neither worthy nor honourable But hic lab●r ●oc opus est The ●econd Expr●ssion which it seems was accessary to that ●ad effect mentioned in the Doctours phantasie is that I lift the Army up to a blessed Victory of overcoming evil by doing good The truth is I do not lift up the Army to any such Victori● though if I should or could lift up not onely the Army but the Doctour himself also and all his Friends thereunto I should neither flatter them nor indanger or hurt them otherwise I onely wish the good will of him that dwelt in the bush upon the head of such Warriours who pursue that blessed Vi●torie of overcoming evil by doing good Now to pursue such a Vic●●rie as this doth not necessarily suppose it as already obtained by the Pursu●rs See Philip. 3. 13. 14. Doubtlesse my wish of the good will of God upon the head of the Army doth no wayes endanger them of being eaten up with ●orms much lesse such ● wish relating indifferently