as if thereby likewise there were a notorious breach of the Solemn League and Covenant Will ye be pleased to weigh and consider what is offered to your view in the short ensuing Answer tending to satisfaction and resolution Answ. 1. Be it known unto the Objecters whether Scots or English that at least some of the prime promoters endevorers and contributers unto the doing of justice and judgment on the capital Delinquent and Delinquents are persons truely fearing God exercising themselves to have always consciences voyd of offence towards God and men partaking in their measure of all the properties and marks of true Church members asserted in Psal. 15. And who have not forgotten God nor delt falsly in his Covenant so that whatever cometh on them they will not they may not suffer their integrity to be taken from them 2. Let all men know whoever they are That Ministers of the Gospel and people professing the Gospel fearing God have not been wont to esteem it nor yet do think it any disparagement at all to be zealous with a perfect zeal against the crying sin of blood-guiltiness Doth not the Moral Law expresly prohibit murther And doth not the Iudicial Law expresly direct unto the satisfactory expiation thereof by putting to death the blood-guilty And is not Gods controversie with a Land defiled with blood 〈◊〉 judgment be executed Blood-guilty King Saul left unto himself and doing execution on himself 1 Sam. 31. 4. Had he been alive when inquisition was made for blood by occasion of a three yeers famine he ought to have been put to death as well as those of his bloody house were because of his sinister zeal in slaying his servile subjects the Gibconites see 2 Sam. 21. 1 2 6. David for his blood-guiltiness in the exposing Uriah to the sword of the Ammonites deserved death his own mouth conscientiously passing sentence however the One absolute Lawgiver who might do what he pleased according to the full Soveraignty of his own Will exchanged his death for his childe 's at that time see 2 Sam. 12. 5 12 13. All this the Objectors do know well enough howbeit they are someway transported to elude herein Non tutum est ludere sacris Cavete 3. It is taken for granted That the contrivers urgers and takers of the Solemn League and Covenant did mean endevor and act according to the sacred conditions of an Oath prescribed in Jerem. 4 2. Thou shalt swear The Lord liveth in Truth in Iudgment and in Righteousness If otherwise it is a taking of Gods Name in vain An Oath may not be vinculum iniquitatis an obligation to sin This plea the defendants have against the plaintiffs 4. In the preamble unto the taking of it it is expressed That the end of the Covenant as a last refuge was the preservation of the takers of it and their Religion from utter ruine and destruction So that the six particular Articles of it were intended and pretended to have a tendency to such an end and not otherwise Now such hath been the end and hereunto have served the means of the defendants in this case Let the adversaries judg if otherwise apparent 5. In the Parliaments Order of Septemb. 25. 1643. about the taking of it It is required That the Ministers who were appointed to tender it should read it and then explain it and then perswade to the taking of it This Order seemeth to imply not onely a necessity of the explaining of it but also a requisitness in so taking of it as explained in its just sense and latitude and end and not otherwise And this also is the plea of the Covenanters honestly and uprightly disposed as all must needs acknowledg 6. Whereas the title prefixed unto the Covenant is A Solemn League and Covenant for Reformation and defence of Religion the honor and happiness of the King and the Peace and Safety of the three Kingdoms of England Scotland and Ireland The explanation must needs be That such Reformation and defence ought to be prosecuted in lawful and just ways and means for the accomplishment thereof and not otherwise And in this sense no doubt the faithful Covenanters have taken it 7. It must needs be understood rationally That the course for the due accomplishing of what is in the title or more full expression of the six Articles of it ought to have their mutual consistency without any prejudice to any of the particulars whether they be absolute or conditional onely whether they be primary or subservient onely Our Lord Christs vindicating of his Disciples touching the keeping of the Sabbath against the calumnies and exceptions of the Pharisees see Matth. 12. 1 2 9. may vindicate the objected against in the case in hand 8. Touching the endevor Covenanted in the first and second Articles it is charitably hoped That all the takers of it have complied therein more or less according to their calling capacity and opportunity thereunto Every one standeth or falleth to his own master howbeit it is most probably conjectured That such Parliamenteers and their adherents who voted against the Concessions of the King in the treaty at Newport in reference to Religion and Covenant as no just ground and foundation for a good Peace argued thereby much faithfulness to the Covenant Ye your selves acknowledg Testim against Tol. pag. 12 That those Concessions if acquiesced in were dangerous and destructive both to Religion and Covenant 9. The third Article of the Covenant in the first branch of it touching Endevor mutually to preserve the Rights and Priviledges of the Parliaments and Liberties of the Kingdoms must be understood of known and just Rights and Priviledges and Liberties otherwise there must needs be a transgression of the Rules prescribed above mentioned see Iere. 4. 2. Answ. 3. 10. Touching the second branch of the third Article viz. To defend and preserve the Kings person and authority in the preservation and defence of the true Religion and Liberties of the Kingdoms it is to be taken notice of That this branch is propounded and taken conditionally and with limitation viz. With respects unto the ends specified Supream or subordinate Authority is custos utriusque tabutae the Keeper of both Tables Now as the Governors do act answerably to the just nature of their Offices they ought to be honorably assisted and defended but if they shall act contrarily even tyrannically then it may and ought be said and done unto them as just means and opportunity do serve thereunto as Iehu said to Ioram see 2 Kings 9. 22. 24. What peace so long as the whoredoms of thy mother Jezebel and her witchcrafts are so many And Jehu drew a bowe with his full strength and smote Jchoram between his arms and the arrow went out at his heart and he sunk down in his chair 11. Whether the fourth Article of the Covenant hath not been endevored by our Covenanting Parliament and their adherents for discovering Incendiaries Malignants and evil Instruments whoever
in the settlement of this Nation upon the Concessions at Newport as being destructive to the specially profest Interest of themselves and their Presbyterian friends in England The which acquiescers seeing they were those very heterogeneous Members who could not but let any building save on that foundation till they were taken out of the way what a chain of security their continuance at the stern might have framed the consideration of the links of their adherents Inchiquin Belfast Ormond c. Yet going on who knows how far further will help themselves to give judgment It is heartily therefore wished by me and with me I doubt not but by all those who duely ponder the present carriage of the most of them That if their judgments be indeed inclined to the Presbyterian way they would be more cautelous in the offering to engage a whole Party in what is too too evidently the meer driving on of the self-interest of some discontented persons and indeed apply themselves without partiality to the Law and Testimony as they have this aged and reverend Author in these his grave and judicious Discussions upon special Reason we see directed to those our neerest neighbors of Scotland for an example together with such other worthy ancients whether in yeers or understanding which do yet remain exemplary who being of a fuller age in controversies of this nature then by such as satisfie themselves to swim in a stream is attained by reason of use have their sences exercised to discern and are become more skilful in the word of righteousness and shine with greater brightness in the rendring of what is due unto all as ordained of God And that they would timely cease their causing of many to stumble an evil of old complained of by the Prophet as raigning in the Ministery of that generation see and consider Mal. 2. 7 8 9. and that they would not go on to render themselves contemptible before the people by their corrupting the Covenant which is the main scope of this premised Advertisement to these Leaders of the over-credulous into the snare wherein they have led themselves captive By a Friend to pure Religion and his Native Country A Religious Scrutiny Or an important expedient QVESTION To be represented to the GENERAL ASSEMBLY Of the Kirk of SCOTLAND Touching the unlawfulness and nullity of some kinde of unequal Marriage As a Consectary to the late Necessary and Seasonable Testimony against Toleration in reference to Religion From the Commissioners of the Kirk The Preamble to the Question IT is most humbly and sincerely desired That the Reverend and godly-wise Pastors and Elders of Scotland conveening in the General Assembly of the Kirk may be pleased to take into their grave and mature deliberations the ensuing Question of grand importance and expediency They are earnestly and religiously solicited hereunto the rather sith a satisfying Resolution of the case in hand may argue not onely their unfeigned and impartial zeal against Toleration in reference to Religion which the necessary and seasonable Testimony from their Commissioners of the Kirk with their Admonition and Exhortation unto their Brethren in England together also with the Concurrence of the Estates in Parliament allowing and attesting the same and a Letter likewise from the said Commissioners to the Ministers of London Province dated at Edinburg Ian. 18. 1649. do fairly and learnedly pretend unto and in the judgment of Christian charity do piously contend for according to the Scriptures but also may tend to instruct and establish pure mindes studious of truth and p 〈…〉 in this conjuncture of cloudy and scrupulous emergencies occasioned by the extraordinary overtures and mysterious transactions of the Parliaments and Souldieries in England and Scotland even in the one Nation as well as in the other both in the State and Church affairs But let the Answer be ingenuous punctual solid plain and cleer grounded on the holy and good Word of the eternal God and let it be truly weighed in the balances of the Sanctnary which deceive not nor can be deceived For so it becometh the truth which is after godliness This is brotherly and modestly requested by an English Minister of the Gospel in his measure zealously affected to the honor of the true God and sincerely loving to his most endeared native Country and a hearty wel-wisher of the best good unto theirs who hath now about the space of fourty yeers served God with his Spirit in the Gospel preaching the Word in season and out of season reproving rebuking and exhorting with all long-suffering and doctrine save in some intervals when a first second and third time hindered and restrained by Prelatical suspension and Tycannical persecution for the Testimony of Jesus Christ and thereby necessitated to keep silence till the indignation was overpast and who still aged endevoreth diligently and industriously according to his capacity ability and opportunity the propagating of the Gospel and Kingdom of Christ the utter extirpation and subversion of Popery Prelacy Superstition Heresie Schism and Prophaneness and the establishment of the Ministry and Discipline of Christ in Presbyteries and Synods in all Churches joying greatly in beholding such order and contributing prayers That notorious Delinquents may in a due way be censured and proceeded against according as the nature and degree of their offence may require in doing justice and judgment upon them that so the Lords people may not be left to oppressors whose designes and machinations do portend to make voyd God his holy just and good Laws and Ordinances The Question WHether the marriages of men professing the true Religion of God according to the Faith of Gods elect and acknowledging the Truth which is after godliness contracted and made with the idolatrous daughters of a strange god and through strong delusion beleeving a lye after the working of Satan in all deceiveableness of unrighteousness ought not in a due way to be separated and made voyd as being a nullity de jure from the first And whether the children born of them in their pretended conjugal Society ought not to be separated and cast out from patrimonial Inheriting And consequently whether the marriages of Protestants of the true Christian Religion made with Papists of the Antichristian false Religion ought not to be separated And whether the children born of them ought not to be cast out from inheriting in Christian Nations of the Reformed true Religion The state of the Question discussed and ventilated in the consideration of certain Observations Cases and Restrictions for anticipating misprision and futile prevarication I. THe subject of the Question is taken for granted viz. There is a lawfulness and requisitness of separating and making voyd the marriages of some persons unlawfully contracted at the first and there is a lawfulness of the casting out the children born of them The Word of God giveth very evident testimony hereunto holding forth a most direct and undeniable president beyond all exception as being practicable according
to Law in the case of divers of the people of Israel returned from the Babylonish captivity who had transgressed abominably in making mixt marriages and who therefore as the case required did institute Reformation and accordingly did reform This appeareth Ezra 9. 10. throughout and more particularly Chap. 10. 3 16. Hereunto also the Apostolical allusion in the business in hand doth notably serve for illustration See Gal. 4. 30. Cast out the bond-woman and her son c. Such was the known famous case in some sort infamous of King Henry the eighth of England who in an Oration to his Subjects gave them to understand That the Lady Mary his daughter was not reputed his lawful daughter nor his Queen Katherine her mother his lawful wife but their pretended conjugal society had been most detestable adultery as he had been informed by divers learned Clerks Whereupon afterwards the marriage was declared and made voyd See 2. Vol. of the Book of Martyrs pag. 327. Edit 1641. Thus it is manifest that some pretended conjugal society and fruit of it may be separated and cast out II. It is to be observed that the God of Heaven and Earth doth really distinguish and put difference betwixt person and person and requireth likewise that his people should do so too in their walking and conversing with humane society according to occasion in such Scriptural notions and expressions as following are specified and instanced for better discerning herein viz. 1. The seed of the woman and the seed of the Serpent Gen. 3. 15. 2. The sons of God and the daughters of men Gen. 6. 2 4. 3. Noah his family and the old world of the ungodly 2 Pet. 2. 5. 4. The tents of Shem Canaan his servant Gen. 9. 27. 5. Circumcised persons and uncircumcised ones Gen. 17. 13 14. 6. Children of the free-woman and of the bond-woman Gal. 4. 31. 7. Israelites and Gentiles Exod. 19. 5 6. 8. Precious ones and vile persons Jere. 15. 19. 9. Jews and adversaries of Judah Ezra 4. 1 2 3. 10. Righteous and the wicked Mal. 3. 18. 11. Children of God and children of the devil 1 John 3 10. 12. Regenerate and unregenerate John 3. 3 c. 13. Spiritual man and natural man 1 Cor. 2. 14 15. 14. Beleevers and unbeleevers 2 Cor. 6. 14. 15. Christians and Antichrists Acts 11. 26. 1 John 2. 18. 16. Within the Church and without 1 Cor. 5. 12. Acts 2. 47. 17. One inwardly in the heart and one outwardly Rom. 2. 28 29. 18. Quickned and dead Ephes. 2. 5. 19. Children of the light or day and of darkness or the night 1 Thes. 5. 5. 20. Baptized and unbaptized Luke 3. 7. and 7. 30 c. Hence it may be discerned how marriages may be made in the Lord. III. The Question is not propounded touching a separating of the marriages of such persons who were married when both of them were idolatrous but after the marriage one of them through the dispensation of the Gospel becometh a convert to the true Religion Neither is it touching the casting out of their children sith such their condition and such state of their children likewise is cleerly and punctually spoken unto and determined by the Apostle Paul in the case of desertion or non-desertion according as occasion may offer See 1 Cor. 7. 10 11 12 13 14 15 16. The case of Galeacius Caracciolus Marquess of Vico declared in his life translated into English by W. Cr. cap. 25. is a singular instance in the specified occasion IV. Neither is the Question about the abrogating of the marriage of such a professor of the true Religion who in a due way doth espouse himself unto such a woman whose parents and progenitors are grosly idolatrous and she her self was lately such but she is now converted and embraceth the true Religion before the marriage be made For there are approved presidents in the Word of God of the lawfulness of such their matrimony See Ruth 4. 13. compare chap. 1. 16. 1 Kings 1. 3. compare Psal. 45. 13. V. Nor yet the Question is not instituted with a partial respect and exception of some sorts of persons but it equally and indifferently concerneth any sort and degree of persons whomsoever whether Civil or Ecclesiastical Supreme or Inferior Rich or Poor c. Sith by occasion there is a possibility that any sorts and degrees of persons may be tempted and fall into one miscarriage as well as another as is implyed Gal. 6. 1. Yea and the Scripture instanceth the transgressions in such kinde even of Kings Princes Rulers Priests Levites and People See Nehe. 13. 26. Ezra 9. 1 2. The Scripture giveth instance likewise of course held for redress see Ezra 10. Nehe. 13. VI. Moreover the Question is not whether the professors of the true Religion having transgressed by making mixt marriages may or ought at their own pleasure put away their wives by their own and sole authority and so likewise cast out their children Sith such procedure it may seem if admited of ought to be by the decision and order of such as have calling and authority thereunto As it may appear Ezra 10. 2 3 4. Nehe. 13. 23 24 25. VII Likewise the Question is not touching a making voyd the marriages of the professors of the true Religion who are married to professors of the said true Religion for the substance of it but some difference is in some circumstantial matters and superstructive opinions which do not destroy the foundation and principles of the true Religion Sith such condition of difference in judgment about lesser matters in Religion may be incident unto some members of the true Churches of Christ. See 1 Cor. 3. 3 4 12. Phil. 3. 13. VIII Neither is the Question concerning professors of the true Religion who are charitably and probably reputed to be truely religious having the Spirit of power and of love and of a sound minde but their yoke-fellows professing outwardly onely and having a form of godliness but deny the power of it professing indeed that they know God but in their works deny him whether these should be separated and their children cast out Sith profession denominateth the Religion Howbeit in the seventh and eighth Cases special and uttermost faithful endevor ought to be used by persons of good knowledg to free their yokefellows from the entanglement of erroneous opinions and unchristian conversation and to establish them in the truth if so they may yet be brought to approve themselves as becometh the Gospel of Christ and if God through their due way of instructing them with meekness may peradventure grant them repentance unto life and unto the acknowledging of the truth see 2 Tim. 2. 25 26. Whereas on the other hand in this case God hateth putting away as being a trecherous dealing against ones companion and wife of his Covenant see Mal. 2. 14 15 16. save in the case of whoredom alone for in such case it is lawful to procure
a Bill of divorcement for the putting away of the wife notwithstanding the marriage was lawfully made and continued until such occasion see Matth. 19. 9. IX And lastly the Question is not whether in all ages and times recorded in the Scriptures the Rulers commissioned to execute justice and judgment on notorious offendors have fully approved their integrity and faithfulness in acting in the specified case as had been meet 1. Forasmuch as the sacred Records in matters of fact are many times silent lest they should be too voluminous and because also that which is recorded is enough for the guiding of beleevers in steering of their course see John 21. 25. and Chap. 20. 30 31. 2. And forasmuch as sometimes the Rulers who ought to have been vigorously active against miscarriage of any herein have been themselves delinquent and so the edg of Iustice hath been thereby blunted see Solomon Nehe 13. 26. Iehoram 2 Chron. 21. 6. 3. Yea and forasmuch as pious and reforming Princes have yet some of them been too remiss in zealous executing according to Law as they ought to have done even as the Scripture sheweth in the example of gracious and worthy Iehoshaphat 2 Chron. 20. 33. and of the zealous and constantly upright-hearted King Asa 2 Chron. 15. 17. In their not taking away of the high places It is the Annotation in the Margent of the Bible Printed at Edinburg by Andrew Hart 1610. much approved in Scotland on 2 Chro. 15. 16. touching King Asa his deposing his mother Maachah from her regency because she had made an Idol in a Grove That therein he shewed he lacked zeal for she ought to have died both by the Covenant as vers 13. and by the Law of God but he gave place to foolish pity and would seem also after a sort to satisfie the Law Concerning the which Annotation the propounder of this Question heard it reported about fourty yeers agone from authentick witnesses that King Iames was so offended thereat that he for that Note sake would not permit thenceforth any Bibles in English to be Reprinted with any Annotations whatsoever neither of the new Translation nor of the former old Translations Which by the way may advertise the learned and forward attesting Brethren of the Ministery both in Scotland and in London and some other Provinces of the English Nation that it need not seem strange if there be a paucity of presidents in the Scriptures or modern Protestant writings about penal executions on superlative persons especially as matters have stood under Monarchy When yet notwithstanding there is sure and sufficient rule and example in the Word of God either directly expressed or by just consequence to be deduced from the latitude of Commandments and Scripture Historical which may satisfie Conscience and also oblige and encourage unto the due execution of Iustice so that the Question is as it is stated Whether commissioned Rulers supreme or subordinate ought not formerly and consequently Whether they ought not still even in these Gospel-days according to occasion see to legal execution in the matter in hand or any other Motives inducing unto the representing of the Question arguing the importance and expediency of it I. TExts of Scripture expresly 1. Requiring and commanding professors of the true Religion that when they shall make use of their liberty or necessity to marry to be sure that they do marry onely in the Lord see 1 Cor. 7. 39. 2. Prohibiting and forbidding people in Covenant with God to make any marriages with daughters who are strangers to the Covenant of God see Deut. 7. 3. 2 Cor. 6. 14. 3. Complaining of convincing and reprehending such mixture in marriages see Ezra 9. 2. Nehe. 13. 23 24 25 28 Mal. 2. 11. 4. Threatning and denouncing punishment to be executed in such case of unlawful marriages whoever the offenders are see Mal. 2. 12. 5. Informing of the approved course of faithful and religious Rulers in the separating and putting away such idolatrous wives and such as were born of them to be done according to the Law see Ezra 10. 2 3 c. 6. Declaring and shewing Gods proceedings in judgment against the old world by the deluge for sin in this kinde see Gen. 6. 2 3 c. II. Divine forceable Reasons made use of in the holy Scriptures against such mixt prophane marriages taken from the 1. Inequality of their being yoked together in conjugal society see 2 Cor. 6. 14 15 16. compared with Deut. 22. 10. 2. Extream danger of the not attaining of an holy seed in mixt marriage which yet ought to be seriously looked after as that which God seeketh and mindeth see Mal. 2. 15. But in all appearance is likely to be frustrated hereby see Ezra 9. 2. Nehe. 13. 23 24. Inasmuch as children are most apt to be swayed according to their mothers principles see 2 Chron. 22. 3 4. 3. Dangerous ensnaring the husbands in the sin of the Wives foreseen and warned against by the Lord himself see Deut. 7. 4. and envinced by woful event see 1 King 11. 1 2 4. Nehem. 13. 26. whence also ensueth an hinderance or disturbance of religious family duties of prayer 1 Pet. 3. 7. and consequently a drawing down the wrath of God on them Jerem. 10. 25. III. Evident testimonies of ancient and modern Theologues in their approved Orthodox writings occasionally treating hereabouts viz. 1. Old Tertullian one of the most learned Latine Fathers in whose writings Cyprian the Father and Martyr delighted to exercise himself every day Lib. 2. ad uxor cap. 3. He asserteth That beleevers marrying with Gentiles or Pagans are guilty of whoredom and that they ought not to be communicated withal This Book of his is approved by Abr. Scultetus who was an eminent professor at Heydelburg in his Medul Patr. 2. Peter Martyr a most pious learned and much renowned professor heretofore at Oxford and elsewhere in the reign of King Edward the sixth and very much endeared to most Orthodox Protestants of the Reformed Religion in his Commentar on 1 King 3. 1. disputing De dispari conjugio propoundeth sundry Arguments against mixt marriages quoteth some of the Fathers as being of his minde even Ierome Augustine c. and answereth sundry Objections yea and albeit he hath somewhat in the close of his discourse to allay extream severity yet it may appear the Question being rightly stated that none of his allayes do infringe the Arguments 3. That famous and worthy Minister of Christ in the University of Cambridg Master William Perkins in his Warning against the Idolatry of the last times asserteth That the marriages of the Israelites with Idolaters mentioned Ezra 10. 3. were indeed voyd and no marriages He alleageth two Reasons thereof the latter whereof is In that they were not onely idolaters but also inticers to idolatry God by express Commandment did simply forbid the Jews to marry with them unless they did repent and change their Religion And in regard of this Commandment
her fall off when the Ship men who were the supream Governors of the Ship were about to flee out of the Ship to the utter endangering of the lives of all the Passengers as the Apostle Paul did confidently advertise see Acts â—7 30 31 32. So it may seem the chief of the Parliament Souldiers did well to hinder and restrain at present from entring into the House some of the Members who had they been in the House were of equal Authority Note Events do usually make very cleer and sure discoveries and manifestations of the prudential and faithful manage of important expedient undertakings which in their present enterprisings have seemed very dark to some As it may easily be  discerned by diligent observers of Heroical Actions and of the generally received principle Salus populi suprema Lex in Voting with the rest whereas if they had not been so restrained or secluded it was with most likely probability apprehended that the majority might have swayed by Votes to the extream prejudice both of the Civil State and Church Affairs VI. K. Saul having been justly hindered and restrained in his unworthy and pernicious designe against Jonathan even by the chief of the Souldiers He doth notwithstanding afterwards apply himself to act as became him according to his office in the behalf of the Kingdom and against the enemies of the peace of it see vers 47 48. And such his approved course tended very much to the vexing of the common enemies and the delivery of Israel out of the hands of spoilers see vers 47 48. 6. May it not be inferred hence That such Members of the Parliament as were restrained in that nick of time from the opportunity of acting unworthily then onely ought notwithstanding to have applyed themselves to have returned seasonably and gone on as formerly in the discharge of Parliamentary Authoritative power and weighty employment committed unto them by the Countries and Corporations for which they were the Representatives Verily had they so approved themselves or shall any yet do so in a due way it might much have conduced to the publike good to the peace of their own consciences and obtaining the Spirit of Glory to rest upon them 1 Sam. 15. 2 3 7 8 9 13 14 15 20 21 24 32 33. Observation I. 1. Parallel inference SAul in his reign over Israel the Israelites having earnestly desired a Kingly Government see 1 Sam. 8. 19. And having approved Sauls designment unto it see 1 Sam. 10 â—4 He in process of time had a special Commission and imployment put upon him even to execute Iustice on certain enemies whose Ancestors had raised an unjust and unnatural war against the Israelites about four hundred yeers before see Vers. 2 3. compared with Exod. 17. 8. THe English Parliament long long desired and longed for and now by the good hand of God providentially over-ruling and it happily continuing to sit unto this day did in due time effectually and seasonably engage it self unto a faithful endevor as the cause of God and his people required to restore the Nation to their Just Liberties and to reform Religion which had been withheld and depraved by Tyranny and Antichristian Hierarchy as is to be seen in the English Histories of Civil and Ecclesiastical Occurrences yea and bring notorious Delinquents to Justice as the Parliament Remonstrances do testifie And blessed be the God of England who with such unspeakable merciful goodness hath visited the languishing Nation II. Saul and the people did in good part very vigorously pursue their Commission in engaging and fighting those Amalekitish enemies who had been such grand Delinquents against the Israelites 2. The majority of the English Parliament for some time after their first convening did act strenuously unto the reforming of sundry grieoppressions both in Common-wealth and Church Affairs engaging themselves many ways therunto yet nevertheless afterwards But yet notwithstanding they failed greatly in their not executing impartially according to the commission and trust assigned unto them in that they spared King Agag and the best things see Vers. 7 8 9. they fail'd greatly in unvoting their votings against future addresses when clear and evident discoveries were of unsufferable desperate tyranny yea and at last in voting unworthy Concessions to be a just Foundation of safe Peace which were indeed most dangerous and destructive tending to spare the capital Delinquents and such seeming best things of a flourishing vain condition as in greatest likelihood would in short time have involved into the former deep gulf of misery and ruine and worse then before III. Saul notwithstanding such his rebellious miscarriage against God yet he professeth and protesteth the contrary either justifying or denying or disguising or exousing or extenuating his sinister prevarication howbeit he was again and again effectually convinced thereof by the Prophet Samuel see Vers. 13 14 15 20 21 24. 3. It is very much to be lamented and deplored that many of the Parliament Members after their votings for the Concessions as a Foundation of good Peace and after the remarkable Occurrences which have ensued thereupon even hitherto they do yet notwithstanding justifie disguise excuse or extenuate such their votings whatever conviction is or hath been since that time yea and do hitherto seem to be well pleased in their pretended whole seclusion which was onely pro tempore IV. When Saul the supream Magistrate had bewrayed a very great degree of unfaithfulness in his sparing King Agag from death yet the uprightness justice and 4. When the Majority of the Parliament failed in great degree as hath been hinted already then the faithfulness justice and zeal of the lesser number remaining and sitting in Parliament who yet were a full number of constituting zeal of Samuel the Prophet and Iudg though of inferior Authority then Saul is singularly approved in his bringing King Agag to justice see Vers. 32 33. Members of an undeniable Parliamentary power is highly praise-worthy in their appointing an high Court of Justice for the due bringing of capital Delinquents to just Tryal and Sentence for the executing of condign punishment upon them V. Notwithstanding that Agag was a King yet his Kingship did not priviledg him to be above Law neither did his prerogative exempt him from legal proceeding against him see Vers. 32 33. Joshua Gideon and Jehu were approved in their due executing of Delinquent Kings see Rogers 53. Serm. on Judges 5. It is a weak and unwarrantable plea for Kings if their Might do not overcome Right that their Kingship taketh them off from being subject to Law Note There is one onely absolute and independent Lawgiver who is the King of Kings and Lord of Lords see Isai. 33. 22. Jam. 4. 12. 1 Tim. 6. 15. Note All grant that subjects may have the benefit of the Law against the King in case of Goods and Lands by vertue of the legality of the eighth Commandment of the Decalogue And tryals in such case have been very usual in