10. For it is possible that I may put you in mind of an evident Truth which perhaps you have not taken notice of that as the Original of Government in any particular place cannot be imagined to be by any more then two wayes either Gods designment or the peoples aâ—â— so in either of those two cases 't is God onely and not the people that gives the power of the sword or the power of life to the Governour c. As for the evidence of Truth in his Notion we have found it as clear as the Sun at mid-night For the raritie of it which he insinuates in those words which perhaps you have not taken notice of the truth is that between 30. and 40. years since when I was a young Student in Cambridge such Doctrine and devises all these that the people in their Election do but present an empty cask unto God and that he fills it with the wine of Royal Power and Authority that the Interest of the people extend onely to the nomination or presentation of such a person unto God who they desire might be their King but that the Regal power by which he is properly and formally constituted a King is immediatly and independently in respect of any act of the people derived unto him by God These I say or such like positions as these were the known preferment-Divinity of the Doctorate there and as the common air taken in and breathed out by those who liv'd the life of hope in the King and sought the truth in matters of Religion by the light of his countenance The Doctour hath accused me for a flatterer with much a do it seemes to forbear a deeper charge before his Excellency and Councel and the whole world pretending that he himself as composed a man as he is as little subject to admiration through the abundance of knowledge in him as another was amazed at the largenesse and exorbitance of my expressions that way But whether I be a flatterer or no for the Doctour spent in his charge faints in his proof most certain it is that he with the whole Legion of the Royal faction who generally hold and teach that monster as well in Reason as Religion that Kings are contable unto none but God are the first-born of that evil generation and by the unhappy breathing of that fulsome and importune principle alone into the ears and spirits of Kings have brought a world of troubles miseries and calamities upon the world yea have apparantly consulted shame miscrie to Kings and Princes themselves both in this world and that which is to come But we shall not trespasse upon the tenour of our present discourse by having further to do with our Royal Antagonist here there is an odde reckoning of an elder date between him and me which I shall endeavour to set straight in convenient place and there I shall answer further to my charge of flattery In the mean time we have I suppose upon sufficient and undeniable grounds evinced the superiority of the people over the King so that that State maxime Par in parem non habet potestatem Equall against equall hath no power may stand and yet the capital proceedings of Parliament and High Court of Justice against the King stand in honour with it But 3. Evident is is that that Law-principle we speak of Par in Sect. 27 parem c. though in ordinarie and most cases it may be admitted to umpire as a Truth yet is it not of that sacred or universal Truth but that with most other general rules founded upon humane observation and Authority it suffers the disparagement of an Est ubi peâ—cat and may upon circumstance be justly waved and declined It is to be supposed that two neighbour-States or Nations one no wayes relating unto the other but in neighbourhood of soyl or teâ—ritorie are â—ares equall neither superiour neither inferiour unto other Yet in case the Laws of neighbour-hood and of Nations be broken by the one the other may very lawfully repell violence with violence and in caâ—e they have power compell their delinquent neighbours to a regular satisfaction In like manner though it should be granted that the King and people in their Representative the Parliament are coordinate and so equall in their power which is all that the more considerate party of Royallists claim on the Kings behalf yâ—t in case the King shall turn the Interest â—f power which he hath against the people and be injuâ—ioâ—s and oppressive unto them they may veâ—â— lawfully and without any check from the polâ—â—ick axiome mentioned improve their Interest of power to compell him to a just satisfaction or otherwise to secure themselves from him So that as Mâ— Rutherford well observeth mutuall punishments may be where there â—e no mâ—tuall relations â—f superiority and infâ—riority * 〈…〉 Reâ— p 〈…〉 From whence likewise it plainly appeareth that the Rule so oft repeated and opposed to the Parliaments proceedings against the King onely takes place in such cases 1. When there is a a third power lawfully constituted over both the parties that are at variance 2. Where recourse may be had to this power for justice or redresse without running an imminent hazard either of losse of life or of sustaining some considerable damage in the inteâ—â—m Out of these two cases which are both cases of necessity though in different kinds it may be admitted for reasonable and equall that they that are equall should not exercise any power one over or against the other But the case between the King and Parliament was the former of these as hath been said and so is one of the two which are reserved from the specified Rule Yea 4 It is not onely true that in some cases and particularly Sect. 28 in those mentioned Par in parem may have potestatem one equall exercise a coactive power over another but that in some cases also even those that are Inferiour may do the like over their Superiours Where there is a civil bound Covenant or oath between an Inferiour and a Superiour this bond or oath being violated oâ— broken by the Superiour gives the Inferiour a â—ight of power to compel his Superiour to the performance of the terms â—atified by this bond or oath In case a Father gives bond to his sâ—n or makes any other civil contract with him valid in Law and conscience for the paâ—ment of 〈…〉 five thousand pounds at such a day if he peâ—form not accordingly the Son by the Law of Nations and by the civil Law hath a right of power to compel him thereunto So that though it should be supposed that the King simply and absolutely is Superiour to his people yet having entered into a civil yea and sacred covenant and bond with them the breach hereof on his part giveth unto them a Lawfullnesse of right or power to compel him to the terms of his agreement or to make satisfaction for his
aggravating circumstance one or more the Justice of God in this case may well be conceived proportionably to allow somewhat out of course and above the rule for ordinary cases touching the manner of inflicting the punishment When a sin which for the kind of it and without any aggravating circumstance deserveth death is committed with any unnaturall and execrable aggravation besides God usually covereth all irregularitiâ—s which are found in or about the Execution of Justice upon the sinner and justifieth the Execution though it be not managed in all circumstances according to standing rules of Justice in ordinary cases There is the same consideration of the fact of Eâ—ud in killing Eglon unto whom by right of conquest the Israelites had now been in subjection 18 years For howsoever some Court Rabbies secretly to enchant Kings into Tyrants for their unworthy ends have endeavoured to disguise the face of this example also and to make it look like the naturall off-spring of some super-Scripturall converse between God and the spirit of the Actour yet hath the devise been too hard for them to perform neither Scripture nor sound reason affording any assistance to the attempt But this by the way Thus then we see that according to the Scriptures when Sect. 44 Superiour Magistrates faulter in such executions of just Laws which properly and by office belong unto them the right of these Executions accâ—ue to the Inferiour and in case these faulter and fail likewise the power right and care of all such executions devolves not onely by way of right or power but of duty also upon the people Nor is this principle of Devolution in case of failer in the Superiour asserted onely by God in the Scriptures our adversaries themselves in the caâ—se now under plea are friendly yea and zealous assertours of it also The Scottish Covenanters in the year 1639. upon the Kings delay in calling their Nationall Synod published a writing to this purpose that the power of calling a Synod in case the Prince be an enemie to the Truth or negligent in promoting the Churches good is in the Church it self * Tâ—â— Mâ—◠〈◊〉 â—â—â—â—â—lâ—…nt c. lâ—b 3 â— â—â— M r. Prynne borrowing Junius Brutus his pen in case of the incroachment of Tyranny upon the people wâ—o as he saith are Lords of the Publick from the Prince and the conniveance or collusion of most of the Nobles doth not onely acknowledge it as a thing lawfull but enforceth it as a duty and matter of conscience that any one of the Nobles who considers the incâ—oaching Tyranny and detests it from â—is soul take care lest the Common-wealth receive any detriment Yea saith he he shall preserve the Kiâ—gdom even against the Kings will and resistance by which â—e â—imself becomes a King * 〈…〉 c. with much more to like purpoâ—e So that M r. Prynne is clear that in case the next of kin refuseth he that is more remote may lawfully take the relict to wife In the Tractate last mentioned he câ—teth the Judgement of Georgius Obâ—â—câ—us a great Lawyer witâ— severall others standing to the same point Mâ— Râ—tâ—eâ—ford the great Patron of Presbytery notwithstanding patronizeth also that devolution we speak of Convention of the Subject saith he in a tumultuary way for a sâ—ditious end to make War without warrant of Law is forbidden but not when Religion Laws Liberties invasion of forreign enemies necesâ—itatâ—th the subjects to convern though the King and ordinary Judicatâ—res going a corrupt way to pervert judgement shall refuse to consent to their conventions c. * 〈…〉 And more plainly in another place When the King defendeth not true Religion but presseth upon the people a false and Idolatrous Râ—ligion in that they are not under the King but are presumed to have no King eatenus so far and are presumed to have the power in themselves as if they â—ad not appointed any King at all as if we presume the bâ—dy had given to the right hand a power to warâ— off strokes and to defend the body if the right hand should by a palsie or some other disease become impotent and be withered up when ill is coming on the body it is presumed that the power of defence is recurred to the left hand and to the rest of the body to defend it self in this case as if the body had no right hand and had never câ—mmunicated any power to the right â—and at all * 〈…〉 Long before him M r. John Knox his country-man and great Architect of the Presbyterian disciplin in Scotland in a generall Assemblâ— aâ—ouched it in a dispute against Lethington Secretarie of State to be the judgement of Calvin and of the most godly and most learned Presbyterian Divines that be in Europe that the Inferiour Magistrates and upon their final default the people may and ought to execute their Princes for murthering or destroying there liege Subjects Polâ—nus a learned man and a Reformed Divine of good note expresly granteth that when Bishops and Ecclesiastiques are defective either in will or skill for the Reformation of Religion and the Church laiques or private men may lawfully supply their defect herein and act the part of Bishops or Ecclesiasticall persons in such Reformation * 〈…〉 So that opinion which asserteth the right of Authoritative Executions unto Inferiour Magistrates though properly and primarily appertaining unto Superiour when these neglect or refuse them and unto the people when all Magistracie as well that which is Inferiour as that which is Superiour neglect them is no Independent opinion much lesse any private opinion of mine own it is the signall Doctrine of the greatest Rabbies in the Presbyterian School Let me adde this from a late writer that from diligâ—nt search mâ—de into our ancient books of Law it is affirmed that the Peers and Barons of England had a legall right to judge the King which was the cause most likely for it could be no slight câ—â—se that they were called his Peers and Equalls And to conclude as to this point this present Parliament whilst as yet the Legality of it was not questioned in the least through any dismembering or otherwise and whilst it was as yet it remains for ought I know Presbyterian enough viz. in May 164â— upon that Kings refusall of the Bill for the calling of the Assembly oâ—t tendered unto him fell to argue fully aâ—gued what iâ—â—â—câ— casâ—â— might â—e done by Authority of Parliament when tâ—e Kingdoms gâ—â—d is so mâ—ch concerned when a King refuseth aâ—â— absâ—ntâ—th himself from the Parliament And at last it was brought to this Conclusion that an Ordinance of Parliament whâ—râ— tâ—e King is so absent and refusing is by the Laws of the Land of as good Authority to â—ind the peoâ—le for the time present as aâ— Aâ—â— of Parliamâ—nt it self can be * Thâ— Mâ—â— Hâ—â—â— â—â—â—â—râ—…◠lâ—b â— â— â—â— Therefore this Conclusion stands like a great mountain immoveable that the Justice and
Honour of the Sentence against the late King are no wayes impaâ—rablâ— bâ— any such supposition as this be it true or be it false that the present Parliament neither is nor was at the time when the said Sentence was passed a compleatly-legall Parliament There being no Authority in the land Superiour to it at least which was either willing or likely to have brought that Grand Delinquent to condigâ— punishment the right of power yea the necessity of the duty to effect it devolved in course upon them But amongst all the pleas pretexts and pretences levied by Sect. 48 the Ministers of London against the Justice of the said Sentence that wherewith they arm themselves out of the magazine of the Covenant is most importune empty and sencelesse and hath been grownd to powder ten times over by the weight of those counter-reasonings which have fallen from many pens upon it But their Covenant their solemn League and Covenant is their Cornu-copia or Amalthean horn out of which they furnish themselves withall things necessary for the sustenance and support of the Presbyterian cause when it faints and is in want They make both Sea and Land of their Covenant to supply them either with fish or flesh It is not onely a Gladius Delpâ—icus in their hand a sword wherewith they can strike both wayes but a Gladius Versatilis a sword which they can turn every way to guard the entrance into their Paradiâ—e 〈…〉 pâ—g â—â— against all asâ—ailants whatsoever By virtue of their Covenant they claim and exerciâ—e Nâ—buchadnezzars prerogative whom they will tâ—ey slay and whom they will they keep alive whom they will they set up and whom tâ—ey will they put down * 〈…〉 and all this out of a conscientious observation of their solemn League and Covenant As they go to work in justifying of themselves and condemning others in reference to the Covenant they represent it as a Covenant unpossible for them to break and as unpossible for other men to keep For let them act in never so diametrall and keen an opposition to the greatest and deepest ingagements of this Covenant let them seek by all the means they can imagine to diminish his Majesties just Power and Greatnesse let them fire the whole Kingdom about his ears whilst Presbytery is like to have no portion in him let them tread and trample upon the Rights and Priviledges of Parliament like clay and mire in the streets by abetting countenancing incouraging the sons of Bâ—lial in their affronting threatening â—â—rcing the House let them in stead of discovering with all faithfulnesse all Incendiaries Malignants evil Instruments in order to the bringing of them to publick triall and that they may receive condign punishment as the degree of their offences shall require or deserve c. which the Covenant imposeth upon all others who take it but let them I say instead of all this joyn hand in hand comply comport consociate themselves with Incendiarâ—es Malignants and the worst of instruments make Defection to the contrarie party and this in the sight of the Sun yea and oppose with all their might and interest in the people the bringing of such men to â—ublick triall and their receiving of coâ—dign â—unishment and crie out against such who out of Conscience of their Covenant faithfullâ— endeavour to do either as Covenant-breakers perjured unjust bloudy murtherers c. yet they in all these most impudent shamelesse and broad-fac'd violations and prophanations of their Covenant must have the honour and repute of the most intemerate chast and superlatively-conscientious Observers and Assertours of it On the other hand they who have been and are as carefull as strict as unblameable as dwellers in houses of clay lightly could be in performing all and every the Articles in this Covenant so far as would stand with the main end and intent of it which indeed interprete Conscientiâ Conscience being the Interpreter is the Covenant that is who have endeavoured both the Preseâ—vatiâ—n and the Reformation of Religion expressed in the first Article who have in like manner endeavoured the â—xtiâ—pation mentioned in the second who have also endeavoured both the Preservations the one of the Rights and Priviledges of Parliament the other of His Majestiâ—s person and Authority with and according to the limitations and conditions specified in the third Article who again have no lesse endeavoured that discovâ—ry that bringing to pubâ—ick triall and condign punishâ—ent which the fourth Article requireth yet again who have after the same manner endeavoured that firm peace and union demanded in the fifth Article and lastly who have conscientioâ—sly exhibited that assistance and defence which the siâ—t and last Article requireth such men I say who have thâ—s regularlâ— and with all faithfullnesse walked according to all the ingagements of the Covenant onely and meerly because no worshippers of their Diana are by these Ministers paradigmatized reproched and traduced as the most perjured Covenant-breakers under heaven Never doubtlesse was there any pearl â—o mudled and padleâ— in the dirt with the feet of swine never any holy thinâ— so desperatly polluted and profanâ—d as the Covenant we speak of hath been and is yet daily bâ— this generation of men But let us joyn issue with them more closely in debating that Sect. 50 clause in the Covenant wherein they so importunely trust to render the proceedings of the Parliament against the King as against the Covenant also Herein say they we have covenanted that we will sincerely really and constantly c. endeavour to preserve and defend the Kings Majesties Person and Authority in the preservâ—tion and defence of true Religion and liberties of the Kingdom Where 1. It is very observeable how like unto the Scribes and Pharisees of old as our Saviour himself deciphereth them they title the mâ—â—t anise and cummin of the Covenant not onely with passing over but with rising up against the weighty matters of the Covenant as judgement and mercie If there be or was any thing lesse considerable than other in the Covenant I mean of looser connexion with the main end of the Covenant which I presume to be the peace and happinesse of the three Kingdoms doubtlesse it was the Preservation of that Person and Authority which these men insist upon in opposition to that great Article of the Covenant which calleth for justice and judgement bringing to publick triall and condign punishment all Incendiaries Malignants evil Instruments c. as likewise in opposition to that weighty clause wherein the said Covenant bindeth us to endeavour with our estates and lives to preserve the liberties of the Kingdoms For who knoweth not but that the peace and happinesse of the Kingdoms may very possibly subsist as they have subsisted heretofore without that person or his personall Authority whose preservation these men urge with so much importunity from the Covenant both against that Justice and Judgement to the Execution whereof upon delinquents the Covenant bindeth as also against
the taking away of Episcoâ—acy root and bâ—anch * 〈◊〉 of the 〈◊〉 aâ—swâ—â—â—â— the 5 〈…〉 pag â—â— which the Parliament have ingaged themselves by Covenant and Oath to endeavour to the uttermost nor yet any sufficient provision for matters of Religious concernment †Ibâ—d pag. â—4 â—â— which yet hath alwayes been prescribed and urged upon the Parliament by Mâ— Geree and his party as the Primum quaerite in their accords and closures with the King By the way how shamelesly doth M r. Prynns pen over-lash in affirming that the King by these concessions hath fully and actually performed those two grand Conditions the preservation and defence 1. Of Mâ— Prynne Speech of Declar 4. 1648 pag. â—4 the true Religion 2. Of the liberties of the Kingdom upon which the preservation and defence of his Person and Authority are suspended by the Covenant as himself granteth By the Religion of another Kingdom condemning M r. Gerees Sect. 18 and Mâ— Prynnes judgement about the Concessions of the King I mean the Ministers of the Church and Kingdom of Scotland who in their necessary and seasonable Testimonie against Toleration concerning the Treaty in the Isle of Whight pag. 12. speak thus And doubtlesse the Lord is highly displeased with these proceedings in the Treaty at Newport in reference to Religion and Covenant concerning which they accepted of such concessions from his Majestie as being acquiâ—sced in were dangerous and destructive unto both This sence of these Ministers touching the said concessions of the King the late Scotch Commissioners in the latter of the two letters sent to the Parliament a little before their departure expresse not onely aâ— their own but as the sence of their Parliament itself also Their words are theâ—e Wherefore we do in the Name of the Parliament of Scotland for their vindication from falâ—e a persions and calumnies Declare that though they are not satisfied with his Majesties Concessions in that late Treaty at Newâ—oâ—t in the â—â—â— of 〈◊〉 eâ—pecially in matters of Religion and are resolved â—ot to crave his Majesties restitution to his Government before satisfaction be given by him to his Kingdoms yet c. Was not Mâ— Geree a substantiall and close Diâ—putant to take that for granted and as needing no proof the truth whereof two Kingdoms and that in their best capacitie of discerning doe not onely question but positively deny Nor could Mâ— Prynne lightly have uttered any thing more stigmatically and desperately reprochfâ—ll to the whole species and Order of Kings than in saying that the Kings Concessions were the largâ—st safest and beneficiallest ever yet granted by any King to his Subjects since the Creation But Secondly to the Assumption of M r. Geree's first Argument Sect. 19 I answer further that the Parliament men he speaks of were so far from keeping to their Principles Professions and Declarations in their endeavours to settle the Kingdom upon the terms he speak's of that herein they started aside like broken bowes from them The Parliament it self complains of their apparent defection in this kind Yet here again say they We were encountered with unexpected difficulties by the APPARENT DEâ—ECTION of some of our Members who not regarding the glory of God nor good of the Common-wealth but being carried away by base avaâ—ice and ambition did labour the bringing in of the King again with all his faults without the least Repentance c. * Declarâ—â— of the â—â—â—â— of Jâ—â— 15 â—â—â—â— Again when they endeavoured such a settlement of the Kingdom as M r. Geree speaks of did they keep to their Principle or Vote of no more addresses to the King as being a person uncapable of further Trust or to their profession of indeavoâ—ring to preserve the liberties of the Subject or of the â—xtirpation of Episcopacy or to that principle by which theâ— sometimes judged it necessary that some one Proposition at least for tâ—â— honour of the Tâ—eatours and for the security of the things treated for should be premized and assented unto by the King before any Treaty †â—eâ—â—he â—â—â—â— Dâ—â—lâ—â— oâ— Jâ—n â—â— â—â—48 pag â—1 or did they keep to their principle of bringing Incendiaries and Delinquents to condign Punishment or to their principle concerning the abolishing of the Kings negative Oath The clear truth is that in that attempt of setling the Kingdom which M r. Geree speake of they turned head upon all their Principles Professions and Declarations at once which at any time formerly they either held or made in true Conjunction with the Liberties of the People and Interest of the Kingdom Therefore with this Argument he onely beats the air instead of relieving his Clients Nor doth his second Argument turn to any whit better accommodation Sect. 20 unto them For to passe by the Major Proposition which yet without further explication is not too sacred to be touched the Minor is no Correspondent with the Truth The oppressed Members as his over-compassionate Musâ— stileth them did not in that act of settlement he speaks of proceed in a way to which they stood ingaged by many solemn and Religiâ—us â—ands no he neither doth nor can prove that in the â—aid Act or attempt the Members he speaks of discharged or observed any one solemn or Religious band to which they stood ingaged according to the legitimate and true import and intent thereof For neither did the Oath of Allegiance nor the Oath of Supremacy nor the Protestation nor the Nationall Covenant ingage tâ—em to preserve the Kings Honour Safety and Greatnesse upon any such terms the performance whereof should clearly involve them in a manifest disobedience to the Law of God as viz. that which inflicts the penalty of death upon the Murtherer and apparantly withall expose the Nation to slavery and misery which the reassâ—ming of the King into his Throne and Power upon his Concessions mâ—st needâ— have done as the Parliament it â—elf hath once and again declared yea and reason it self in conâ—ort with the experience of all ageâ— abundantly confirms But that theâ—e Members in their intended settlement of the Kingdom upon the terms magnified by M r. Geree did break many Solemn and Religious bands wherein they stood ingaged unto God and to the Kingdom is a truth â—icâ—â—r in evidence than to need proof They stood ingaged by such â—ands to the observation of the Law of God as well where it commands the punishment of Murtherers as otherwise to the Preservation and Defence of the liberties of the Subject to the Extirpâ—â—iâ—n of Episâ—â—â—â—cie â—â— the bringing of Inâ—endiaâ—ies and Delinquents to condign punishment c. all which bands with many more they bâ—â—â—â—â—â—d â—â—st from them â—â— theâ—â— compliance with the King upon his terms So that M r. Geree's clients are not yet recti in Curiâ He lifts up his hand yet again in their Defence and shews his Sect. 21 good will towards them in this Argument They that walk in a way suteable to
by the Authour That God who will blesse the righteous * Psal 5. 12. compasse you about with his favour as with a shield and make you as Angels of God to discern the condâ—oements of this poor Nation and to quit your selves in all manner of worthy and prudent actions with all faithfulnesse accordingly This is the prayer not in face or words but in heart and soul of Your Honours most constantly devoted Servant in the Lord JOHN GOODWIN From my Studie May 17. 1647. ¶ The Contents of the ensuing Treatise THe Ministers great Contributioners to our late and present troubles Sect. 1. The weaknesse of their Addresse to the Generall and Councel of War for the taking them off from assisting the Judiciarie proceedings against the King Sect. 2 3 62 63 64 65. God himself cautioneth against the exemption of Kings from Humane Justice Sect. 3 4 c. A Law of the Land for putting Kings to death as well as other men § 5 6 7 The Plea drawn from the incompetencie of any Authoritie to question or sentence the King answered Sect. 8 9 10 c. The King especially under Delinquencie not superiour no nor equall to the bodie of his People Sect. 9 10 11. and 29. The People have a lawfull power to change their Government when they see just cause Sect. 11 12 c. Rom. 13. 4. Vindicated against the critique Annotation of Doctour Hamond Sect. 13. 1. Petr. 2. 13. Vindicated against the said Doctour Sect. 14 15 16 c. The Doctours Arguments for the immediate derivation of Kingly Authoritie from God answered Sect. 20 21 22 23 c. Par in parem non habet potestatem a rule in some cases none in others Page 29. 30 c. The greatest necessitie lightly imaginable lying upon the Armie to purge the House as they did Pag. 130 131 c. Argument drawn from Scripture injunction to obey Kings and Rulers answered Pag. 32. Who are to judge when or whether Kings be Tyrants Pag. 33. The Parliament a true Parliament and in a capacitie of â—recting a Court of Justice for the Triall of the King Pag. 34 35. Not under force Pag. 36 37 c. The non-concurrence of the House of Lords disableth not the Act of the House of Commons concerning the Triall of the King Pag. 38 39 40 c. The execution of Justice when neglected by the Magistrate dâ—vâ—lves of course to the People Pag. 41 42 44. The fact of Phineas so of Ehud reducible to ordinarie and standing rules of dutie Pag. 43. 44 c. The Ministers Plea from the Covenant answered Pag. 48 49 50 51 c. Reason why the Ministers build so much upon the Solemn League and Covenant Pag. 56. Argument from the Oath of Allegiance answered Pag. 57 58 59 â— Not necessarie that all accessaries in all cases of murtherous ingagements be punished with death Pag. 61 62. Why the King rather to be punished than his instruments P. 62 63 64 c. The Ministers Plea from the punishment of the Kingdom of Israel and of Sauls posteritie for Saâ—lâ— violation of the Oath made to the Gâ—â—â—onites answered Pag. 66. The Ministers put darknesse for light c. Pag. 67. being â—…â—eâ— the worst of all Sectaries Pag. 6â— How weakly they plead their opinion from the Scriptures Pag. 69. The notoriouâ— untruth of their Plea taken from the constant judgement of Protestant Divines Pag. 70 71 72 c. The Plea drawn from deâ—ect of Presidents answered Pag. 77 78 79 c. The Plea from the un-accountablenesse of Kings unto men answered Pag. 82 83 c. Psalm 51. 4. Against thee thee onely have I sinned opened P. 86 87 88. The King had suffiâ—iâ—â—t means to know that his life might lawfully be taken from him for such pâ—â—pâ—rations as he practised Pag. 88 89 c. The taking of the Protestation and Covâ—nant after his ingagement in bloud by the Parliament and Kingdom was no sâ—are upon him Pag. 89 90. The King no wayâ—s defensible by plea of Innocencie Pag. 90 91 92 c. His confession or concession rather of bloud-guiltinesse though in appearance politickly provisioned yet no argument of such depth of wisdom as some attribute to him Pag. 95 96. A bâ—iâ—f touch upon the Kings Book so callâ—d Pag. 96. The bloud shed by the King no bloud of waâ— in any excusing sence Pag. 97 ¶ The Contents of the second Treatise M r Geree stumbleth at the threshold Pag. 100. The reason of his Dedication ibid. Mr Geree no friend to the Parliament though gratified by the Assembly Pag. 101. He condemneth himself Pag. 102. Prejudice an effeminate Passion Pag. 103. In stating the Question between him and Mr. G. he mistakes in every particular and besides conceals some things necessarie thereunto Pag. 103 104 c. M r. Geree pleaseth himself in finding out imaginarie buls Pag. 108 112 Popish writers in points extra-controversall as acute and sound as Protestant Pag. 110. M r. Geree confutes by the Authoritie of such Principles as this What the Word of God saith in one place it must needs say in every place Pag. 111. Not the same reason of subjection to Magistrates from Subjects which is from servants to their Masters ibid. M. Geree jears at new lights Pag. 112. How and how far Oaths to be taken according to the intentions of those who administer them Pag. 113 114 c. M r. Gerees four arguments to justifie the sequestered Members of Parliament answered Pag. 115 116 117 c. The Kings Concessions voted large by M r. Geree and M r. Ptynne antivoted dangerous and destructive by the Reason of one and the Religion of another Kingdom Pag. 117 118 c. An un-princelike Principle in Princes seldom or never to keep Faith with their People upon discontents Pag. 122 123 c. The King according to Mr. Prynne the avowed servant of the Pope P. 124. his distast against the English nation hereditarie Pag. 125. The Parliament would not have been invested in the peoples affections by any recommodation with the King Pag. 127. A DEFENCE Of the Honourable SENTENCE passed by the high Court of JUSTICE upon the late KING Sect. 1. IT is somewhat a slight Proverb but carries an Sect. 1. experienced Truth in it of good portendance to the Common-wealth that Good ale sieldom wants a friend on the beneh But that vile Actions Oppression Tyranny Treason Rapine Depopulations Murthers horrid Murthers yea the evident exposall of a poor wasted Nation to a re-suffering of her late endured miseries and extremities should find so many Friends in the Pulpit and amongst Pulpit-men as is notoriously known they do at this day is matter of a far more deplorable and threatening import unto the Nation That those fourtie odde Ministers of Jesus Christ nam quoniam vult Alexander Deus esse Deus esto or rather the stickling part of them for some were rather subscribed than subscribers yea some I understand have repented of
for the punishing of shoe-makers or taylours with death in case any of these vocations shall be found guilty of murther though there be no particular expression of either of their professions in the Law which sentenceth murtherers with death why should not the same Law be conceived to lie as clear for the pâ—nishing of Kings with death in case they murther though there be no expresse insertion of their Office or calling in the Law to signifie their inclusion in it considering that there is no more intimation neither for their exemption than for the other To say that the Law we speak of was never extended unto or Sect. 6. understood of Kings and therefore neither ought now to be extended unto or understood of them would be to say some what but what is next to nothing For 1. who is able to give any sufficient account that it was never in no age by no person understood of Kings That in point of execution it was never extended unto Kings is but a slippery proof that it was never understood of them Very possibly it was never in such a sence extended unto musitians or moris-dancers yet this if it could be proved would be no proof that therefore it was never understood or meant of them Besides if the Law we speak of never extended unto Kings in the execution of it it is no great wonder considering 1. That there being but one King at a time in the whole nation it can be no matter of wonder that he should not be a murtherer which supposed I mean that never any King of England heretofore was or was known to be a murderer there was no possibilitie that the said Law should formerly have bin extended unto Kings in point of execution 2. In case it could be proved that some former King one or more were guiltie of murther yet probably those who were intrusted with the execution of the Law we speak of might connive either through fear favour flatterie or the like In such cases as these there was no opportunitie of extending this law in the execution of it unto Kings Upon the same account it may well be that however the Law ought in reason equity and according to the import of the letter and words of it be understood as well of Kings as of meaner men yet it might never be publickly and Authoritatively declared that it ought to be so understood But 2 What if it can no more be proved that the said Law was â—â—â—t 7. never yet understood of Kings than it can be proved to have but executed upon Kings Doth it therefore follow that neither now it ought so to be understood especially considering 1 That the expresse letter and tenour of the Law will fairly bear such a sence 2 That such an understanding and interpretation of it will well stand with all principles of reason and equitie 3. That the pulick interest peace and safety of the Nation requires such an Interpretation 4 and lastly that the contrarie can never be proved I meane that it was never understood inclusively of Kings Suppose there were such a sence or interpretation of some text or sentence of Scripture lately given which every waies comports with the letter and gramaticall sence of the words fully agrees with the Analogie of Faith or the received principles of Christian Religion falls in very genuinely with the context or scope of the place perfectly accords with the clear sence of the like phrase and expression in Scripture elswhere c. were such an interpretation to be rejected meerly upon such a pretence as this That it cannot be proved that ever it was given or received by Christians heretofore Nor is that colour lesse washie or fading wherein to the exemption of Kings from humane Judicatories is commonly put to give it some semblance or shadow of a Truth that the King is Supreme and above all persons in his Kindom and in this respect there can be no competent or lawfull Authoritie on Earth to question arâ—aign or judge him it being a received Maxime in politiques that â—ar in parem non habet potestatem multò minùs inferior in superiorem .i. that no man hath any right of Authoritie over his equall much lesse an inferiour over his superiour For to this we Answer 1. That the Scripture cannot be dissolved by the authoritie of Sect. 8. any Politick Rule or Maxime whatsoever of humane sanction If God in the Scripture saith that who so sheddeth mans bloud by man shall his bloud be shed men must not reply to him say we are content to put this Law in execution when Kings are not the transgressours but herein we must be pardoned we have no Authority nor Know we how to create any by which to punish Kings according to the exigencie of this Law when they offend against it We have a Canon sacred and inviolable amongst us which prohibits any man or numbers of men to execute this Law of thine upon Kings Will that God whose name is jealous suffer the Divine Authoritie of his Law to be trodden under foot by men for the salving of the credit of a Law or Principle of their own But 2 It was never yet proved nor I beleeve ever will be Sect. 9. either by any Scripture or sufficient Reason that the King especially under a Delinquencie or crime deserving death is either Par equall viz in power much lesse superiour to the body of his people or their Representative Master Rutherford whom these Ministers may well look upon as Praesidium dulce decus suum the chariot of Presbyterie and the hors-men thereof teacheth them another lesson over and over in his book intituled Lex Rex For the subject of Royall power saith he we affirm the first and native subject of all power to be in the communitie * 〈…〉 p. 5â— Again There is not like reason to grant so much to the King as to Parliaments because certainly PARLIAMENTS who make Kings under God ARE ABOVE ANY ONE MAN and THEY MUST HAVE MORE AUTHORITIE and wisedom THâ—N ANY ONE KING except Solomon as base flatterers say should return to the thrones of the Earth * Iâ—â—â— p â—â— Yet again wherever there is a covenant and oath betwixt equalls yea or superiours and inferiours the one hath some coactive power over the other which position he clearly proveth â— Iâ—â—â— p. â—9 by a case immediatly subjoyned presently after Though therefore the King should stand simply superiour to his Kingdoms and Estates which I SHALL NEVER GRANT yet if the King come under covenant with his Kingdom as I have proved at length c. 13. he must by that same come under some coactive power to fullfill his covenant * Iblâ—â—m Again unanswerably I have proved that the Kingdom is superiour to the King * Iâ—â—â— p 46. Yet over again If we consider the fountain power the King is subordinate to the Parliament and not coordinate for the
the Doctour very inordinately pleaseth Sect. 21 himself as if it had made him some such promise as Peter once made to Christ that though all the rest of his Disciples should be offended at him and so forsake him yet â—e would not will be found deceitfull upon the weights and serve him no better than Peter did his Lord and Master at whom he was not onely offended but so deeply as to abjure him The notion or conceit we now speak of the Doctour makes to go far as poor men use to doe that little money they have and spreads it very thin to make it cover two pages or more of his discourse In which respect it is somewhat hard to gather it up clean or fix into a regular body of an argument Yet I suppose I shall not eclipse any part of the glorie or strength of it by casting it into this Hypotheticall form If no man by nature hath power over his own life so as that he may lawfully kill or destroy himself and yet Kings have such a power over the lives of all those that are subject unto them then cannot this power be derived unto Kings by men or from the people Sed verum prius ergo posterius The strength of the consequence stands in the Authority of this topique Maxime Nihil dat quod non habet Nothing gives that to another which it hath not it self And if the consequence be tight and will hold water it is a clear case that Regal or the supreme power â—â— not originally in the people but conferred upon the Supreme Ruler immediately by God To this Argument I answer by denying the consequence in the proposition The reason of my deniall is this because though no man .i. no particular or individual person considered apart by himself hath by nature any such power over his own life as is here mentioned yet as a Member of a Community or politique society of men he hath not simply a power but a necessity lying upon him by way of duty in order to the peace and civil good of this community to consent with others that his life also shall be taken from him by the hand of Justice as well as any other mans in case he shall wrong the community by any crime deserving death The power of life and death is eminently virtually in the people collectively taken though not formally And though no man can take away his own life or hath power over his own life formally yet a man and a body of men have power over their own lives radically and virtually in respect whereof they may render themselves to a Magistrate to laws which if they violate they must be in hazard of their lives and thus they virtually have power of their own lives by putting them under the power of good Laws for the peace and safety of the whole This is evident in all those who either make or consent to the making of any such Laws which inflict death in any case of misdemeanour deserving it First it is a clear case that they who are intrusted with a legislative power for the good of that community which intrusteth them stand bound by way of duty to enact or consent unto the continuation of Laws already enacted for that punishing with death such and such Transgressours against this Community as Murtherers Rebels Traitours c. 2. As clear it is that the persons we speak of who are of duty to joyn in and consent unto the making of such Laws are themselves as Subject unto these Laws being made as other Members of the same community 3. It is as little questionable as either of the former but that these persons both before and at the time of their making or consenting unto such Laws clearly know that themselves are must and ought to be thus subject unto them Therefore it is a noon-day truth that men by nature have such a power over their lives as voluntarily according to a due course and processe in Law to expose them to the stroke of publick Justice in case they shall offend that community whereof they are Members by any crime or crimes worthy death Nor hath the King himself any other power over the lives of any of his subjects but that which is thus conditioned and limited The King hath no power to take away the life of any of his subjects without cause no nor yet for every cause nor indeed for any cause but that onely which by the Law is made punishable with death Nor hath he any such power over any of his subjects or their lives which enables him to command any of them to be their own Executioners though by Law guilty of death yea and sentenced accordingly So that that principle Niiil dat quod non habet shew no countenance at all to the Doctours argument own any relation to it Men have such a power over their lives as is vested in Kings nor could Kings have any such power over them as now they have did not men themselves invest them with it and that in a regular and lawfull way Men have by nature a right or power over their lives whereby they may lawfully submit them unto the sword of a Lawfull Magistrate and consent that in case they shall commit things punishable with death by the Law they shall be taken from them thereby And what power have Kings over them but onely as hath been said according to the tenour of such a submission and consent as this Or upon what other account at least immediate doth even this power it self a cerve unto Kings but by the equitable force and virtue of such a submission and consent from the people The very image tenour and form of the power which Kings have over the lives of their subjects plainly sheweth it to be the off-spring or naturall issue of that power which themselves by nature have over the same And that men in some cases have not onely a power by nature but even a necessity by Religion to expose their lives unto death is evident from that of the Apostle John Hereby perceive we the love of God because he laid down his life for us and we ought to lay down our lives for the Brethren 1. John 3. 16. 1. To be alwayes ready and willing to lay them down upon any just occasion Besides if the power which the King hath over the lives of the people were as the Doctour supposeth immediately from God than he might lawfully execute the same and take away the lives of men without any mediating Direction or warranty from any Law at least from any politique or humane Law whatsoever For certain it is that the execution of no Commission immediately issued by God ought to be suspended upon or determined or regulated by any Commission or constitution of men But whether the King hath any regular or just power over the lives of men other than that which is proportioned formed set out and bounded
that mercie to all the three Kingdoms which would be expressed and shewed unto them as well in the preservation of those liberties as in the Execution of Justice upon their enemies and disturbers of their peace 2. Suppose the preservation of the Kings person had been Sect. 47 simply and without any limitation or condition injoyned in the Covenant yet the injunction being grounded upon this presumption that the King himself should and would enter into the same Covenant with us he refusing to come into the bond of the Covenant excludeth himself from all the benefit overtuâ—ed unto him in the Covenant upon those terms and dischargeth the Covenanters from all Covenant-obligations relating unto him The Author of the Discourse intituled Lex Rex was I suppose at the framing of the Covenant in Scotland yea and probably fashioned it both behind and before or however hath ploughed with a better heifer than all our Subscriptioners have done to understand a right the riddle of it yet he teacheth us this Doctrine for truth that if the Condition without the which one of the parties would never have entered in Covenant be not performed that person is loosed from the Covenant * Lâ—â—â—â—g pâ—g â—â— Now I appeal to the Consciences of the Subscribers or to as many of them as have taken the Covenant whether they would have Covenanted the preservation of the person and Authority of the King if they had known the King would not have Covenanted the other things with them especially if they had known that he would so desperatly have opposed all the main ends of the Covenant as he did But this nail I remember is driven home to the head by that work-man who drew up the Armies large Declaration Therefore 3. Where a promise is either made or sworn conditionally Sect. 48 especially when the performance of the condition by him to whom or on whose behalf the promise is made or sworn is of greater moment than the performance of the promise it self in such cases it is as clear as the light that the non-performance of the condition by the one party induceth a disobligation of the other party from performance of the promise How much more when there is not onely a simple non-performance of the condition but also a practising with an high hand in opposition to it First evident it is that those words in the Covenant in the preservation and defence of the true Religion and Liberties of the Kingdom import a condition to be performed on the Kings part without the performance whereof the Covenant obligeth no man to the preservation or defence of his Person or Authority If this be not the clear meaning and importance of them the Covenant is a Barbarian unto me I understand not the English of it But if men will impose aenigmâ—s in the name of Covenants or Covenants made of riddles they can reasonably expect no observation of them but onely from some Oedipus or Fortunatus unlesse they will please to send their heifer along with them Secondly whether the Preservation and Defence of the true Religion and Liberties of the Kingdom be not a matter of far greater consequence than the Preservation and Defence of the Person and Authority of the King I am content to leave it to the Ministers themselves to judge and determin Thirdly whether the King hath not all along since the taking of the Covenant by the Generality of the Parliament and Kingdom acted in a way of full opposition to the preservation and defence of true Religion and the Liberties â—â— the Kingdom I do not much fear to refer to the same arbitration Certain I am that if their tongues and pens were not at vaâ—iance with their judgements this was their unanimous judgement and award whâ—â—est the Parliament smiled and the King fâ—owned upon the Presbyterian Interest Therefore as God by his promise of â—aving those who shall believe stands no wayes bound to save those who shall not believe so neither doth any Covenant or promise though made with Oath to preserve aâ—d defenâ—â— tâ—e â—ings Person and Authority in case â—e shall preserve the tâ—ue Religion and Libâ—â—ties of the Kingdom oblige any man to the preservatiâ—n or defence of either when the King acts destructively either to the true Râ—ligiâ—n or to the Liberties of the Kingdom least of all when he acts destrâ—ctively unto both Mâ— Prynne himself approbante calamâ— citeth these words amongst many others of like import out of Jâ—â—tus Brutus Therefore the people are obliged to the Prince under a condition the Prince purely to the people Therefore if the condition be not fulfilled the people are unbound and the Contract void the Obligation null in Law it self * 〈…〉 Nay 4 The truth is all things duly considered that the Covenant Sect. 49 doth not more if so much promiâ—e or overture unto the King the preservation or defence of â—is Person or Authority by those that should take it as threaten him with the neglect yea and ruin of both from them Thus far the case is evident he that promiseth upon condition intimates and to a degree threatens non-performance of promise in case the condition be not performed especially when the performance of the condition is of much concernment to him that maketh the promise Suppose that God should onely have made such a promise as this unto the world Whosoever believeth in my Son Christ shall be saved without the explicit addition of this threatening but he that believeth not shall be damned it had been a pregnant Item and caveat given unto the world not to have expected salvation from him unlesse they believed Yea the promise â—â— self contains a tacit threatening of condemnation unto those who believe not Nor is it a thing reasonable or worthy of God to conceive that he in a most serious and solemn manner and when he would speak most like unto himself should promise salvation unto the world upon condition that men believe and yet at the same time intend to save them whether they believed or no. Nor would it be in men any thing lesse than taking the Name of God in vain to swear in a solemn manner and with â—ands lifted up to heaven the preservation and defence of the Kings Person and Authority upon condition that he preseâ—vâ— and defend the true Religiâ—n and Liberties of the Kingdom and yet to tell or intimate unto him at the same time that they will preserve and defend his Person and Aâ—thority whether he preserves Religion and Liberties or no. 5 If there be any thing in the Vow Protestation or Covenant Sect. 50 against bringing the King to a judiciary Trial and sentencing him according to his demerits the Ministers themselves are far deeper in the condemnation of tranâ—grâ—ssours than those that have acted in or towards this bringing of him to trial or that have given Sentence against him at least in respect of any guilt contracted by them by either of
these transactions In so much that that of the Apostle may be applied and spoken unto them with aggravation and advantage Therefore thou art in excuseable O â—an whosoever thou art that judgest for wherein thou judgest another thou condâ—mâ—est thy self for thou that judgest dost the same things * â—â—m â— â— The Ministers were they who deposed the King and consequently who according to the common and known processe of Law and Justice in the Kingdom exposed him both to that judiciary Trial whereunto he was brought as also to that Sentence which passed upon him For a King deposed is no longer a King but a Subject and consequently as subject I mean according to the ordinary current and course of things unto Law and Justice as ordinary Subjects are The Ministers with their party clearly deposed the King when they denied their subjection unto him withdrew their obedience from him acknowledged and submitted unto a power as Superiour unto his viz. the Parliament levied war against him as against a Traitour Rebell and Enemy to the Kingdom chased him up and down the land from place to place confiscated his revenews and at last imprisoned his person But this Doctrine with a further explication and proof of it hath been lately taught them with Authority and Power by another pen * Tenâ—â—e of Kiâ—gâ— and Magiâ—â—â—â—teâ— by J M pâ—g â—9 â—â— c. the Sermon being in print needs no repetition So then were it granted that the Protestation Vow or Covenant did positively and without any proviso injoyn the preservation of the Person and Authority of the King neither they who brought him to trial nor they who sentenced him can be looked upon as Covenant-breakers in either of these actions because neither he who was brought to that Trial we speak of nor he who was sentenced was a King when these things were done to him but onely a Subject that had been a King in his dayes but was now devested of his royall office and power by the Ministers of London and their partisans and reduced to the rank and condition of a Subject and this none of the greatest neither There is not the least jot or title in the Covenant concerning the Preservation or Defence of the Person and Authority of any man that sometimes was or had been a King nor the least mention of any restraint from bringing to triall or giving sentence against such a person being a Delinquent Therefore there being no Law in the Covenant against the trial or sentencing of such a person there can be no transgression in either against the Covenant Again 6. And lastly Suppose the Ministers were gratified with Sect. 51 their undue supposal viz. that the Covenant injoyns the Presâ—rvation of the Kings Person and Authority without any reciprocal indenting with him for the preservation of Religion and Liberty yet there being two expresse clauses in the Covenant the one injoyning the preservation of the Liberties of the Kingdoms the other the bringing of Incendiaries and Malignants unto condign punishment either of these falling in competition with that concerning the preservation of the Kings person swalloweth up the obligation thereof For that is a true Rule which Peter Martyr delivers as elsewhere I have observed * â—…ht â—nd â—â—â—hâ— c. pâ—â— 30. that when two duties or commands meet in such a strait that they cannot bâ—th receive that honour of observance which otherwise belongs unto them both that which in the judgement of the Law-giver is the greater ought to be observed and the lesser to give place * Now 〈…〉 P Mâ—â—t â—n â— Sâ—â—â—â— â— â— first certain it is that as well the one as the other of these two duties the preservation of the liberties of the Kingdom the bringing of Inâ—endaries and Delinquents to condign punishment are far greater duties of far greater moment and consequence than the Preservation of the Kings Person and Authority the highest service imaginable of his Person and Authority in their best preservation being the procurement of these which are very well procureable too without them and 2. no lesse certain it is 1. that neither the preservation of the Kingdoms Liberties nor 2. and this more appâ—rantly thâ—n the former the bringing of Delinquents to condign Punishment were consistent with such a preservation of the Kings person Authority as the Ministers deem the Parliament Army and others obliged unto by the Covenant Late and lamentable experience shewed how near the Liberties of the Kingdom were to ruin by occasion of the preservation of the Kings person onely and that onely for a season though his Authority was kept under hatches It was the Preservation of his Person that gave life and breath and being to those dangerous insurrections in Kent Essex London Surrey Wales c. by means whereof there was but a step between the Liberties of the Kingdom and perpetuall enslavement It was the Preservation of his Person with hope of a restitution of his Authority that administred strength unto Scotland to conceive the conquest of England and to make the attempt by invading it with an Army of about if not above 30000 men unto whose teeth doubtlesse this Nation had been a prey had they not fought from heaven had not the stars in their courses fought against them And had his Person still been preserved especially with his Authority according to all experiments which the world hath made and had in such cases yea according to all principles as well of Religion as of reason and policy it would have been a spring or fountain of bitter waters unto the land and a darkening of the light in the heavens thereof But more of this elsewhere And instead of bringing Delinquents unto condign punishment it cannot in any rational Construction but be supposed that it would have been the lifting up the heads of such persons unto undeserved places of honour This with the other particulars argued upon the point of the Covenant duly considered is it possible to imagine that the Ministers should find in their judgements or consciences or any where else but in their degenerous and ignoble ends the least colour or pretence to declaim against the Parliament and those who adhere to them in their proceedings with such wide and open mouths with such multiplied and incessant battologies of Covenant-breaking Covenant-breaking Covenant-breaking as they do for their honourable proceedings against and royal execution of Justice upon the Person of the King or to think that such Scriptures have any hard aspect at all upon them or their actions as that which they manage against them Shall he prosper shall he escape that doth such things Or shall he break the Covenant and be delivered As I live saith the Lord seeing he despised the Oath by breaking the Covenant when lo he had giveâ— his â—and he shall not escape c. Ezech. 17. 14 15. c. Have they not much more cause to fear that the Spirit which speâ—k in such
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 prediâ—ate either formally or virtually are to be found So again You know say they the sad examples of Corah Dathan and Abiram those â—editious Levites in their mutinous Rebellious and levelling design against Magistraâ—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 agaiâ—st the Lord and warns the people to avoid their Company Depart from the teâ—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 Câ—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 â—â—es may see 't as apparently as â—e that hath the quickest sight of all yet again they seriously beseech his Excellency and Army â—â— 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 â—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 mattâ—â—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
can oath or promise bind any such people to obey and maintain Tyrants against God and his Truth known but if rashly they the people have promoted any manifest wicked person or yet ignorantly have chosen such an one as after declareth himself unworthy of Regiment over the people of God and such be all Idolatrous and cruel persecutors most justly may the same men depose and punish him that unadvisedly before they did nominate appoint and elect * The appelâ—… The Author of the book intituled Lex Rex full of solid â—ec 67. learning and variety of reading supposed as was before intimated upon very pregnant grounds to be M Samuel Rutherford maintains many positions in this Tractate of a close confederacie with the mentioned oâ—â—nion of M r Knox as That the King is the servant of the people both objectively and subjectively * Pag â—â—7 That the consciences of Inferior Iudges are immediately subordinate unto God not to the King either mediately or imediately That an inferior Judge may put to death murtherers as having Gods sword committed unto him no lesse then the King and though the King command the contrary * 〈…〉 That the Sanedrims not punishing David Bathsheba Ioaâ— was but a fact not a Law * 〈…〉 That resisting of Kings that are Tyrannous and patience are not inconsistent * 〈…〉 That Christs non-resistance hath many things rare and extraordinary and so is no leading rule to us * 〈…〉 â—15 That Davids not invading Saul and his men who did not aim at Arbitrary Government as subversion of Lawes Religion and extirpation of those that worshipped the God of Israel and opposed Idolatry but only pursuing one single person is far unlike to our case in England and Scotland * 〈…〉 34â— 3â—3 That if a King turn a Parricide a Lion and a waster and destroyer of the people as a man he is subject to the coactive power of the Lawes of the land * Pag. 344. That Kings are but vassals to the State who if they turn Tyrants fall from their right * Pag. 404 To omit very many others of the same calculation with these Hugo Grotius as great and learned a Royalist I believe as ever took hold of shield or buckler in the defence of Prerogative yet acknowledgeth that there are seven cases wherein the people may have most reall action against the King to accuse â—…nish him What the particular cases are the Reader if he please may find in the last mentioned Discourse * Pag. â—â—â— Yea Master Prynne himself having related out of Sozomen and Niâ—ephorus the Story of Jâ—lian the Emperours death reputed to be slain by a Christian Souldier of his own Army and the fact of the Christians at Antioch who for this murther instituted a publick Triumph Epiphonemas it thus A pregnant Evidence that even the Primitive Christians on whose examples and practice our Antagonists so much depend though to no purpose as I have elsewhere manifested held it not onely lawfull for them to resist but even in some cases to flay a peâ—secuting Apostatizing Tyrant bent to subvert Religion Laws Liberties as may be further evidenced by Constantine the Great his aiding the oppressed Christians and Romans against the Tyranny and persecution of the Emperours Maxentius Maximinus and Liâ—inius even with force of arms with which he conquered these persecutours in sundry open Battels fought against them at the Christians earnest importunitie * Soveâ—eigâ— Power of Pâ—â—â—â—nd Kâ—â—gdomâ— Append â—o the forth pâ—â—t p. â—â—6 â—â—7 I should multiply quotations from other Protestant Authours Sect. 68 of the same character and tendencie with these already cited by which the constant Judgement of Protestant Divines in the Question in hand would appear to be quite contrary to what the Representers most unworthily affirm it to be but that others and that of late have laboured so abundantly in this service If the Ministers will please but to peruse their Clerico-classicum or Alarm to a third War pag. 31 32 33 34 35. they shall find a Constellation of many Stars in the Protestant Heaven clearly shining forth light opposit to that darknesse which they either so ignorantly or contra-conscientiously attribute to them Whereunto if their desire of a Reformation in their Judgements in case their miscarrâ—age issued from hence will so far serve them and hold out as to joyn the like perusall of a few pages viz. 23 24 25 26 27. in another book lately also published by J. M intituled The tenure of Kings and Magistrates doubtlesse they will retract that ignoble and unclerk-like assertion wherein they affirm that their inhumane Tenet whereby they cannot but encourage Kings to turn Tyrants to commit murthers rapines and all manner of abominations that Tenet of theirs I mean wherein they deny unto Kings the help of that bridle for the ruling of their lusts more needfull for them than for any other sort of men the fear of death by the sword of civil Justice upon any occasion whatsoever to have alway been the constant Judgement and Doctrine of Protestant Divines both at home and abroad Onely for a cloze to the point in hand and to convince them if it be possible and they not as yet 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sect. 69 that when they wrote the words last mentioned through a mistake they wrote their Interests in stead of their Consciences I shall briefly present them with the Judgement of two home-Authours more in the case the one being one of themselves in both the Subscriptions the other as cordiall unto them as themselves in the case in hand and whose Judgement in the businesse cannot lightly be more unknown unto them than their own The former of the two is M r. Christopher Love who intitles himself to the Pastorage of Anne Alders-gate as well in the Vindication as Representation but since meeting it seemes with better â—asturage hath voided that title for the unprofitablenesse â—f it a man who I know counteth it no robbery to be both a Protestant and a Divine Doubtlesse this man did not judge it neither can he judge it now to be the constant Judgement and Doctrine of Protestant Divines at home whatsoever he might conjecture of theirs abroad that Kings upon no occasion in no case whatsoever might be put to death when he preached first out of the Pulpit at Uxbridge to a few and then out of the presse to all the world that the late King was the Troubler of England as â—chan was of Israel subjoyning It was the Lord that troubled â—chan because he troubled Israel Oh that in this our State Physicians would resemble God to cut off those from the land that have distempered it Melius est ut pereat UNUâ— quâ—m unit as * Englandâ— Dâ—â—tâ—mper a Seâ—â—â—n preached at Vâ—bridge before the Commissioners appointed by the Parliament â—â—â—â—â—at with the King there by Mr Lâ—vâ— pag â—â— Did the man crie out Oâ— to have that
for him whom they had chosen in his room By the way he here bids us note that the right of electing whom they please is by the impartial testimony of an Emperour in the people for said he a just Prince ought to be prefered before an unjust and the end of Government before the Prerogative And to prove that some of our own Monarchs have acknowledged that their high Office exempted them not from punishment they had the sword of Saint Edward born before them by an Officer called Earle of the Palace evâ—n at the time of their highest pomp and solemnity to mind them saith Matthew Paris the best of our Historians that if they erred the sword had power to restrain them The fact of Eâ—ud in killing Eglon and so of Jehu in slaying Jehoram the said Authour reconcileth with rules for standing practice with much more to this purpose which I leave to the Readers peruâ—al in the discourse it self In another discourse lately published we have this President Sect. 77 recorded Brutus Generall of the Souldiers Lucrâ—tius Emperour of the city of Rome assembled the people against Tarquinius Superlus and by their Authority thrust him from his Royall Throne his goods were confiscated and if Tarquinius had been apprehended undoubtedly he should have been according to the publick Laws corporally punished * 〈…〉 p â—4 The same Authour subjoyneth that Christiern lost the Crown of Denmark Henry that of Sweden Mary Stuart King Charls his Grand-mother that of Scotland and Edward the second that of England for the same misgovernment as our late King lost his Crown and head The Parliament in their late Declaration mention this last President of Edward the second and Peter Martyr concerning that of Christiern King of Denmark writeth thus In our daies the Daues dâ—posâ—d their King and kept him prisoner a long time * where also he adds out of Polâ—dore Virgil that the English 〈…〉 P. Mâ—â—â— â—â— â—ud â— â—◠〈◊〉 have sometimes compelled their Kings to give an account of their money or treasure ill disposed of M r Prynne in his Appendix to the fourth part of the Sovereign power of Parliaments and Kingdoms undertakes in the front of this Lucubration and in the body of it performed the undertaking vâ—ry laudably to manifâ—st by sundry Histories and forraign Authorities that in the ancient Kingdome of Rome the Roman Grâ—ek German Empires the old the peresent Grecian Indian Aegyptian French Spanish Gothish Italian Hungarian Poloâ—ian Bohemian Danish Swedish Scottish with other forrein Kingdoms â—ea in the Kingdoms of Judah and Israel and other Gentile Royalties mentioned in Scriptuâ—e the Supreme Sovereign power resided not in the Emperours or Kings themselves but in the whole Kingdom Senate Parliament State People who had not onely Authority to restrain râ—sist yea call their Emperous and kings to account but likewise when they saw just cause to censure suspend deprive them for their Tyranny vices misgovernment and sometimes CAPITALLY TO PROCEED AGAINST THEM with a brief answer to the contrary objections c. Afterwards in pursuit of this his notable ingagement out of Georgius Obrecâ—us a publick Professour of Law and Advocate to the City of Strasburg he furnisheth us with these Presidents besides that of Tarquinius devested of his kingdom by the people under the conduct of Brutus Lucretius the Roman Senate judged Nero an enemy of the Republick condemned him to the Gallows punished Vitellius with death ignominiously mutilated and dragg'd through the Citie and spoiled Maximinus of the Empire setting up Albinus in his place Thus the French by Authority of a publique Councel thorough the care of the Officers of the Realm deprived Childerick the first Sigebert Theordoric and Childerick the third of the Government In the same manner * M 〈…〉 â—f 〈◊〉 â—nâ— Kingdom Aâ—pend p. â—â—â— saith the same Authour from Junius Brutuâ— we read Adolpâ—us deprived of the German Empire An. 1296. because corrupted with money he had made War with France in favour of the English Wenceslaus A 1400. Although these may be called not so well evil as lesse good Princes Thus in the Realm of England Edward the second for his Tyrannic to his Subjects especially the Nobles whom he destroyed without hearing their cause was at his Queens request adjudged unworthy of his Crown by the Parliament Not long since Christierne in Denmark Ericus in Sweden Queen Mary very lately in Scotland were deprived which Histories worthy credit testifie hath been frequently done in the Kidgdom of England Hungaria Spain Portugall Bohemia and the rest Thus far M r Prynne in Precedents of Kings and Emperours deposed and punished with death to which you may please to add what he relates out of Sozomen and Nicephorus concerning the death of Julian by one of his Souldiers and the fact of the Christians at Antioch upon it together with his Annotation upon both as they were formerly presented Sect. 67. of this discourse beyond whom no man that I know hath travailed with his pen in asserting the Legality of such proceedings against them He that will please to read the Historie of the Reformation of the Realm of Scotland by M John Knox shal find many like Presidents cited and argued from the Scriptures themselves So that the Parliament of England in their Judiciary processe against the late king did not walk alone in an untrodden path but in an high-way occupied upon like occasion by all the chief Nations of Europe yea by the once onely Heaven-beloved Nation of the World The premises from first to last considered that Doctrine Sect. 78. which Prerogativeth kings above the stroke of human justice upon the account of their being unaccountable unto men for whatsoever they do which the Parliament taketh notice in their Declaration of March 17. 1648. pag. 13. to have been the late kings Assertion appears to be very extravagant and and Eccentricall to all principles both of Reason and Religion Such an unaccountable Officer as the said Declaration well expresseth it were a strange monster to be permitted by man-kind For if the main ground of erecting publick Administrations of justice and Courts of humane judicature in all Polities and States whatsoever be both in Reason and Religion to secure and protect those who live justly and peaceably against the violence and injustice of oppressours and unjust men it must needs be contrary unto both to exempt such persons from the jurisdiction of these Court and Administrations who have alwayes the greatest opportunities and temptations and for the most part the strongest bent of disposition and will to practice such unrighteousnesse and oppression Put case a man hath received several wounds in fight amongst which there is one more dangerous and threatening life than all the rest would it not be a soloâ—cisme in reason for this man with all diligence and care to send for the skilfullest Chirurgion he can get and when he is come to limit him in his applications to the wounds
he musters up those worthy names of men Mr. Sect. 4. Biâ—ield Cartwright Traverse Dod Bradshaw Jewell Reynolds Whitaker c. before those worthy Ladies to whom he applies himself in his Dedication with an insinuation that these men were of his opinion and spirit and would have protected Murtherers if Kings against the Law of God and the justice therein commanded to be executed by men upon this generation of evil doers and takes up an effeminate indeed a ridiculous lamenation over his Religion as if that were like to suffer shame by those men and those actions which are like to be a praise and an honour to it in all generations he doth both the one and the other in a regular comportance with his Design in his Dedicatees knowing that fabulous and light presumptions intermixt with some pathetique strains commonly do more execution upon Feminine Spirits than seven Masculine Demonstrations I have ground in abundance to suppose that had those worthy men he speaks of lived in these dayes and stood off as clear from that besotting interest of High Presbytery as some of them did from that of Episcopacy they would have found no fault at all in those persons or practices which it seems were the abhorring of M r Geree's Soul But why he should commend himself to his Lady Patronesses and in them unto the World as so Grand a sufferer under the Bishops Chancellours Courts High Commissions c. and not somuch as mention his sufferings under and from the Parliament which were much greater than any endured by him under the Bishops I cannot conceive unlesse it were to conceal the sore of his Malignancie for the noysomnesse whereof he was Sequestred from his living in Tewksbury that so he might not too much discover himself to be an Enemy to the Parliament at least in the former constitution and proceedings of it before the late garbling by the Armie inasmuch as such a discovery as this must needs have been a grand prejudice to his project in his Book But they who shall attentively read this Book of his will find not onely that he owneth not the Parliament at all in no constitution of it since the late King forsook it but that upon all occasions he â—â—ily reflects disparagement upon it as pag. 18. where he insinuates the Parliament into a Community of erring for depriving the King of his Power over the Militia of the Kingdom notwithstanding his exercising of this Power to the miserie and ruin of the Kingdom And had not his good friends in the Assembly out of a prudent apprehension that he though an Anti-Covenanter might yet befrind them at a back door baulked with their own Principles that I say not Consciences to gratifie him and make him free of the Presbyterian corporation without putting him to the Test of the company I mean the taking of the Covenant he had wanted the covering of a Church-living and so the nakednesse of his Anti-Parliamentarie Malignancie had appeared unto all men Whereas in his Preface he obliquely upbraids me as being Sect. 5. either through want of wit or honesty an Abettour to a prevailing Faction they that have but any competent knowledge of my Spirit and of the course I have steer'd in the world all the dayes of my vanity hitherto will I know be my compurgators from this imputation and testifie on my behalf that undue compliance with any Faction or Partie whatsoever whether prevailing or failing hath been none of my at least visible sins It is well known not onely to my familiar friends and acquaintance but I presume to thousands more how small and faint correspondencie I have or hold with that Faction as M r Geree counts Faction which dogmatizeth with me about matters of Church-government and which he looketh upon as prevailing My Interest in these men though it was never much considerable yet was it much more whilest they were the tail and the high Presbyterian Faction the Head than it hath been since the turning of the Wheel if yet it be turned or than now it is But whereas he advances this decision that confidence in a Sect. 6. dubious case doth argue either great shallownesse or deep prejudice arising either from doting affection or unworthy Interest I marvail that a man pretending to such signall abilities of learning judgement understanding c. as Mâ— Geree doth in this Tract should not Apprehend and see that this dart striketh through his own liver as well as mine For if the case depending between him and me be dubious and he every whit as confident as I am or lightly can be in his Determination and Judgement upon it which the Spirit ruling all along his discourse abundantly witnesseth then hath he given sentence against himself as a man either profoundly shallow or deeply prejudiced either through doting affection or unworthy Interest though for my part I apprehend no such Antipathie between shallownesse and prejudice whether arising from the one cause or the other but that one and the same earthen vessel may well be a receptacle of them both Yea I look upon prejudice as not occasionable either by Interest or affection without the influence of much shallownesse upon the production For what doth prejudice as well in the very Grammatical notation of the word as in the nature of the thing it self import but an immature act or conclusion of the Judgement as viz. before it hath had either time or opportunity or else the consent of the will to inquire out and duly weigh such arguments which according to the principles of sound reason are sufficient to raise such a Conclusion upon The Truth is that prejudice is as effeminate and weak a passion as is incident to the nature of man Whereas he magnifies himself against me as a man that had Sect. 7. discovered such weaknesse in the patronage of errour I make no question but that he who hath so much of a man in him as to consider duly before he judgeth will upon such an account judge my weaknesse as he is pleased to call weaknesse too hard for his strength and my Errour for his Truth Certain I am that the sence of some of those Parliament-men themselves yea some of the ablest of them whom Mâ— Geree accuseth me to have accused causlesly yea and of some others of their most judicious friends is otherwise Onely herein I confesse they agree with him pretending that I have as to the men onely accused but not made good the Errour objected But whether I have onely accused the Parliament Members and not made good the Errour objected or whether he hath not onely justified them without making good any ground of their justification in those particulars wherewith they are charged by me we shall in due time ingage not strangers or enemies but their own actions and counsels to determine In his right stating of the Question as he pretends he deals Sect. 7. unrighteously For 1. he supposeth some
the Religion that they professe and after the pattern of the wisest and best Professours of it they are sober c. The Parliament men in according with the King upon his Concessions walk suteable to the Religion they professe and follow the patterns of the wisest and best Professours of it Ergò But here also M r. Geree assumes that which was not lawfull for him to do For the Parliament men he speaks of did not in according with the King upon his Concessions walk as he pretends either in the one respect or the other For 1. It is no wayes suteable to the Religion which these men professe either to walk in manifest opposition to the Laws of God or to recede from especially to turâ— head upon such religious Ingagements which they might very well have discharged without any touch or tincture of sin Nor 2. did they in their said accord with the King follow the Patterns of the wisest and best Professours of their Religion For amongst the wisâ—st and best Professours of this Religion obedience to the Laws of God is both taught and practiced and so likewise is the observance of Religious ingagements when it may be exhibited without sin M r. Gerees proof of his Proposition from Junius Brutus passeth by on the other side and scarce looks so much â—s towards it The passage he cites speaks not of Princes that hâ—ve murthered their Subjects and are like being admitted to terms of peace to murther them sâ—ill nor of Subjects who have ingaged themselves by many Religious bands unto such things which are utterly inconsistent with such an admission of their Prince to peace as he speaks of And I beleeve that neither Juniâ—â— Brutâ—â— nor any other Protestant Authour can parallell the case between the late King of England and his Subjects no not in such circumstances which are of greatest moment and weight to fram a resolutioâ— upon Therefore M r. Geree hath not yet recovered hiâ— friends out of that politicall phrensie in respect whereof the Act of the Army in restraining them is justifiable His fourth and last Argument managed in their Deâ—ence iâ— Sect. 22 this Those whose work aâ—d trust is to provide for the Honour safety peace and prosperity of a Nation who proceed in the most probable way to promote the honour safety peace and prosperity of that Nation they are sober in their wits true to trust But such was the work and trust of the restrained Members they took the most probable way to promote all these Ergo. I answer by denying yea and more than denying the Minor The restrained Members in their closure with the King upon the terms so oft mentioned were so far from proceeding in the mâ—st probable way to promote the â—onour safety c. that the course they steered herein was highly menacing the honour â—afety and peace of the Kingdom yea according to the most pregnant symptomes of a probability likely to have fild the land with all the bitter and dismall fruits of enraged Tyranny For 1. The King was an old and known Practitioner in pretences and shifts to evade any obligation whatsoever lying upon him whether by promise compact or oath in order to the promotion of his tyrannicall ends yea though he were in never so clear and absolute a capacity for ingagement when he did ingage himself in any of these kinds I shall not need to instance particulars he never pawnd but he forfeited fides quoties facta toties fracta Hiâ— wont was in his greatest injoyment of freedom and power to spread promises as snares in the way of his people to take and to destroy them Now tâ—e by-past actions of men as I say and prove more at large in my Right and might well met * Pâ—g 19. â—0 c. especially practised in an uniform tenour for any considerable space of time are propheticall of what their future â—ctions are like to be Neither doth M r. Geree tender so much as a first-fruits of the least or lightest probability that the King had he been re-advanced unto his power upon his Concessions would not upon the first opportunity have taken and cast them behind his back as he had from time to time served his promises formerly In respect of this known â—edifragous disposition and Gâ—nius of the King the Parliament plainly say concerning his Concessions that there waâ— no prâ—bability that they would be kept * Dâ—â—lâ—â— oâ— Jâ—n 15. â—â—â—â— pag. 10. Nay 2. there was so much the 〈◊〉 â—â—obability that the Sect. 23 King for standing by these Concessions would have receded from his former practise of promise-breaking by how much the more plausible a pretext he had for â—â—â— deâ—â—rting them above what he was ever accommodated with before for the violation of any other promise made by him All his former iâ—gagements were taken up by him whilst his person was infulnesse of â—onour liberty and power whereas these Concessions were drawn from him upon an advantage taken from his low condition being now in a kind of durance and under the power of the Parliament In which respect whatsoever he should grant or â—ield unto upon such terms would seem raâ—â—â—r eâ—torted and wrâ—ng fâ—om him by the iron hand of necesâ—ity and fear than be looked upon as the genuine and free â—cts of his will and conâ—equently a recesse from them mâ—st needs have been very easie of digestion unto him who had so familiaâ—ly accustomed himself to eat words of a far worse and moâ—e diâ—ficult concoction Upon this ground the Parliament it self looks no otherwise upon those Concessions of his which Mâ— Geâ—ee and Mâ— Prynnâ— so much magniâ—ie than as words intended by him onely for his accommodation not obligation Neither can we believe say they that any agreement we could have made with the King in the Isle of Wight in the condition he was then in would ever have been obâ—erved either by himâ—elf or his paâ—ty For â—etting aside the bare name of Honour Safety and Freedom which the Treaty did pretend unto neither the King or any of his did ever hold him in any other condition than that of a Prisoner * 〈…〉 And having clearly proved this from expressions of his own both in a message sent by him to both Houses Oct. 2. 1648. in letters to a prime Magistrate in this Citie as also from the Prince his Declaration made at Goree they subjoyn thus And since inforced Oaths are in many mens judgements not necessary to be kept what assurance could we have that He who had so often failed of his promise made to us when he was free and at his own disposall would make that good to us when he came to be re-established in His Royall power which he had oblieged himself to doe when he was in durance and a Prisoner Yea M r. Geree himself seems to intimate a degree at least of unreasonablenesse in the terms put upon the King by the Parliament in the said Treaty
†〈…〉 as if he intended to make a dooâ— thereof by which the King might make a plausible if not an honest escape from his Concessions when he pleased 3 It hath been the Observation of many Generations that Kings never held themselves bound to keep any agreement made with their Subjects especially made in order to a composure of any differences between them further or longer than themselves pleased Many examples are upon record of the violation of such agreements by Kings but few or none of tâ—e Observation of them upon any other terms than those speciâ—â—ed â—â—â—istâ—â—â—n the second King of Dâ—nmark not much above an hundred years past driven out by his Subjects and received agâ—in upon new Oaths and Conditions broke thâ—ough them all to his most bloudy revenge slaying his chief Opposers when he saw his time both them and their children invited to a â—east for that purpose Maximilian the Emperour dealt little bâ—tter by the inhabitants of â—ruges after he was reconciled unto them yea though this reconcilement was procured and effâ—â—ted by the mediation of the Princes of Germanie and drawn up in publick writings sealed And as one well observeth the bloudy massacre at Paris Anno 1572 was the effect of that credulous peace which the French Protestants made with Charls the ninth their King * 〈…〉 p 4â— who likewise addeth that the main visible cause which to this day hath saved the Netherlands from utter ruin was their finall not beleeving the perfidious cruelty which as a constant Maxim of State hath been used by the Spanish Kings on their Subjects that have taken arms and after trusted them as no later age but can testifie heretofore in Belgia it self and â—his very year in Naples The same Authour likewise observeth very pertinently to the point in hand that David after he had once taken arms never afterwards trusted Saâ—l though with tâ—ars and much relenting he twice promised not to hurt him This dissembling of â—eâ—d till an opportune time for revenge was it seems even in Hâ—meâ—s dayes taken notice of as a principle familiarly practiced by Kings who upon this account makes Chalcas speak concerning Agamemnon thus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. A King when angrie with a meaner man Will have the better on 't For though to day He should digest his cholâ—r yet be can Reserve in brest on purpose to repay Wrath and revenge in due time afterwards The present Parliament likewise taketh knowledge of that unprincely Principle in Princes which we now speak of in their oft-mentioned Declaration of Jan. 15. 1648. pag. 12. 13. Hardly say they can any example be produced either forreign or domestick of any Prince once ingaged in a War with his Subjects that ever kept any agreement which he made with them longer than meer necessity did compell him theâ—eunto The eâ—amples to the contrarie are so many and so manifest and the late bloudy violation of the peace betwixt the Crown of â—â—â—in and those of Naples is so fresh in our memoriâ—â— as we cannot expect any Propositions agreed upon at the Isle â—â—â—igâ—t should bind the King more than Fundamental Laws and Coroâ—ation Oath besides his often Protestations and ingagements in the Name of a King and oâ— a Gentleman which He hath so often violated And though that Pâ—overbiaâ—izing Prayer of the Italians to be delivered from 〈…〉 a â—â—â—â—â—ened â— or strained â— wind and fâ—om a reconciled enemie too generally understood may well be conceived to trench upon the Principles of Châ—â—stianitie yet in reference to Kings and Princes it imports none other than that Serpeâ—tine Wisdom which Christianitie alloweth yea and commendeth unto hir children 4. If the Thrones of other Kings and Princes have been so â—â—â—â— 25 constantly haunted with the wicked spirit of Covenant-breaking with Subjects upon differences and discontents there was little hope that the Throne of such a King would be free whose Genius should inspire him with this saying that â—e never â—ad forgiven an injurie nor ever would Ex ungue lâ—onem 5. There was yet so much the lesse hope that the late King would have stood by his Concessions because he had so solemnly with so much Conscience such as it was resigned up himself if M r. Prynns story be true to the service of the Pope who first claimeth a right 〈◊〉 ower to dispence with Oaths and much more with all ingagements of an inferiour nature and 2 driveth an Interest altogether inconsistent with the reall and effectuall performance of the said Concessions by the King The words of his own letter to the Pope as M r. Prynne translateth them are these I intreat your Holinesse to believe that I have been alwayes very far from incouraging Novelties or to be a Partisan of any Faction against the Catholick Apostolick Roman Religion But on the contrary I have sought all occasions to take away the suspition that might rest upon me and that I will imploy my self for the time to come to have but one Religion and one Faith seeing that we all believe in one Jesus Christ having resolved in my self to spare nothing that I have in the world and to suffer all manner of discommodities even to the hazarding of my estate and life for a thing so pleasing unto God * 〈…〉 6. And lastly It was the confident sence of some very intelligent and sober men many years since from whom I received it upon a very good account for the Truth of it that upon the Execution of Justice upon the Scottish Queen in this Kingdom there entered a foul spirit of revengefull intentions against this Nation into the line Royall of that which as they suggested hath wrought accordingly ever since as well in the Father as in the Son though not with an uniformity of open vigour or violence the naturall temper of the one being more timorous and inclining to politick clandestine and underhand actings than of the other But that the mischief ruin and destruction of the English Nation was become the hereditarie ingagement of that Crown unto which it was subject till of late is conjecturable if not demonstrable by the foot-steps of so many State-actings from time to time of an uniform tendencie that way that a man must shut the eyes of his understanding very close not to see or at least not to be strongly suspicious of it And by this time enough I presume with advantage hath Sect. 26 been said to prove M r. Gerees sence touching the point in hand very anti-rationall viz. that the King had he been restored upon his Concessions would not have let out his spirit in a destructive way of revenge His temper spirit tenour of former actions resignation of himself Crown and Kingdom unto the Popish Interest his heiring an inveterate and deadly feud against the English Nation with severall other symptomes of like Prognostication with these proclaim aloud
or no as to spirit them with zeal and courage to attempt the shaking of the whole Nation for his sake to batter ruine and destroy both Parliament and Army and whatsoever should be found standing up against him what would his presence upon the Throne withall the raies of Majestie spread about him have been but as life from the dead unto them Or is it reasonable to conceive that He that had so many hands reached out unto him whilest he was dismounted and in no capacity of rewarding them to help him up into his Throne would having been once seated in the Throne where fields and vineyards and Captain-ships over hundreds and over thousands doe abound have wanted hands to have supported and maintained him in it upon what terms soever Was there ever a generation of husband-men heard of that were zealous in sowing and luke-warm in reaping 3. Suppose the nation or the far greater part of men in it Sect. 30 would have been ready to rise up against all such whom they had judged either Counsellours or Aâ—â—ouâ—s in any such breach of Faith on the Kings part as M r. Geree speaks of in respect of the generality of the people I mean in case the Kâ—ng contrary to his concessions should have fallen foul upon men no wayâ—s obnoxious to the hatred of the people for Religion yet it is an extreme weak Supposall to think that the Generality of the Nation would have acquitted themselves with such supererogating zeal in the behalf of such men whom they inwardly hate and look upon as the enemies and disturbers of their peace and the worst members in all their body Now these are the men men that are truly conscientious and that cannot swallow the morsels of the Common iniquity of the times and profanesse of the places where they live whom the King looked upon and that not without cause as the first-born of those who opposed him in his late insufferable encrochments upon the liberties and comforts of his people and consequently are the men either onely or chiefly with whose misery and ruine he was in travail yea and questionlesse might within a few dayes after his return to his Throne have found a time for an easie deliverance 4. And lastly concerning the being of the Militia in the Sect. 31 Parliaments hand it is of every whit as empty a consideration in reference to M r. Gerees purpose as the former First because the King and the Parliament as now the constitution of it was reduced and wrought about at least in respect of the Members sequestred who we know had a potent influence upon the house were no more two but one The Members we speak of had in works renounced fealty to the weal of their old Lords and Masters the people and were turned homagers to the Interest of the Crown So that in point of benefit or safety to the Common-wealth it was much of one and the same consideration whether the Militia were to be put into the Parliaments hand or the Kings If it were in the Parliaments hand one day it was very like to have been in the Kings the next But 2. suppose the Parliament in their united strength should have kept close to the interest of the people and managed it in due distinction from that of the King there is scarce an hairs breadth of probability but that the King having recovered the advantage of his Throne would in a very few dayes have made himself as absolute a Lord of the Militia aâ— ever he had been heretofore It was generally esteemed half a miracle when time was that S r. John Hâ—tham should make such a demâ—â—â—e as he did about rendering up the Town of Hâ—ll unto the King upon his demand and yet we know he was cajâ—ld afterwards with the inchantments of Majestie and Majestique proffers Where should the Parliament have found men through the Kingdom in whose hands the Militia might have been â—o much as probably secured to them from between the Kings smiles and frowns Parliaments themselves who have the bâ—st fooâ—ing of all others to keep their standing yet how proâ—e and ready have they been from time to time to â—ick â—â—â— dust at the feâ—t of Kings Many saith Solomon will intreat the favour of the Prince and every man is a friend to him that giveth gifts Prov 19 â— Besides it is but too well known of how weak a Constitution the trained bands in the respective Counties generally were and ready to arm with the King though against themselves and their own peace Moreover as we reasoned lately if the King whilest yet he was sitting upon the dung-hill â—ound Men and Arms enough for he wanted no numbers of either to lift him up into his Throne though both a Parliament and Potent Army with all their Interest and power forbâ—d the Elevation questionlesse had he been advanced and once warm in his Throne accommodations in both kinds would have flowed in much more abundantly unto him He that had no want of Friends in adversity was it like prosperity should impoverish him So that as well one as the other of Mâ— Gerâ—â—s conceits first that the King though â—â— had been able yet would not have let out his spirit in a way of revenge â—econdly though â—e had been willing yet â—e would not have been â—ble are both â—â—â—â—ably frivolous and importune There is no reason worthy a conâ—idering man but â—o think thaâ— he would have â—ound both will enough in himself and power enough in others to have aveâ—ged himself on the Nation those especially whâ—m â—â— looked upon as his greatest Opposers had he regained the opportunity and advantage of his Throne And thus I suppose the premisses considered we have Sect. 32 bâ—ought â—orth this Conclusion into aâ— clear and perfect a light as any the Sun shineth at noon-day that there was a very great and formideable Necessity lying upon the Army to liâ—â—â—â— both â—â—â—rt â—â—d hâ—â—d to that great wâ—â—â— of 〈…〉 Parliament into a capacity of shewing mercie to the Nation by freeing them from the sad incumberance of such Members whoâ—e counsels and proceedings in the House obstructed them in that good work and threatened apparant miserie to the land Yet for a Conclusion give me leave to light up a candle or two whereby to see the Sun I mean to give a furthâ—r account of the primogeniture of that Necessity which aâ— far aâ— thâ— credit oâ— Authority of any thing whatsoever known by the Name of a Necessiâ—y extendeth justifieth the Army in that commendable and yet withall so much condemned an action First besides the declared and known intentions and resolutions of the Members â—equestered to bring in the King upon his own terms or Concâ—ssions the Army I understand had steady inteligencâ— that the said Members or at least the Grandees the active and leading men amongst them had resolved the very next morning after the rub they met with to have Voted the disbanding of the
to it Fesâ—us making so much the greateâ— treasâ—re of this supposition because it well comported with his Honour and preferment in the Roman Staâ—â— The confidence of truth in his own Religion augmented by the love which he bare to it for the commodiousnesse of it unto him in the things he much desired occasioned him without the least scruple to conclude and judge Paul mad to preaâ—h a Doctrine so contrary to that supposition of his as the Doctrine of Christs sufferings and other main grounds of Christianity was When I consider the Doctours education from his youth up to have been in that way of Religion which may be called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the deep-devout serving of Kings and their Interests and further how promising and to a first-fruits performing this Religion had been unto him I doe not much wonder nor take any great offence that he should so positively conclude all such Doctrines erroneous or mad all such persons and practises highly irregular which strike at the main pillars of this his Religion to cause it to fall It is seldom oâ— never found but that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 As for M r. Jâ—nkins my Antagonist when I have any competent reason to judge that he writes either that by way of Argument which himself knows not how to answer or that in way of report which himself beleeveth to be true I shall think him worthy an answer when he writes But having very sufficient reason from his late writings to judge otherwise of him in both particulars I shall commend the Answering of his Arguments to his own judgement â—nd the confutation of his stories to his own Conscience FINIS Faults escaped in some Copies Pag ◠〈◊〉 â—y for they wanâ— read the wanâ— of p â— l 24 for wherein to r. wherein to p. 17. l. 14 for geâ—â—â—lisme r gentilisme l â—6 for alâ—eneâ— r alâ—ens p. â—â— l 20. dâ—lâ— that p. 25. l. â—5 for â—â—â—rve p. accrue l. 3. for shew r. shews l. 4. for own r. ownes p. 2â— l. ulâ— for alâ—â—â—â— p 35 l 3â— for all r. at all p 46 l. â—â— for convenâ— r. conveâ— p. â—â— l â—â— for put r putts â— â—6 after been r. to their respective takers p. â—0 l. 30. fâ—â— â—mperour r. Governour p. 82. l. 31. â—â—le and p. 85 l. 22 for over r. over and over p â—â— l. 40. dâ—le the p â—2 l. 1â— for boâ—h r â—aâ—th p. 105. l. 38. aâ—â—eâ—â—ion p. 107. l. 39 for 〈◊〉 tenouâ— p. 10â— l 19 for the r that l. 30. after neâ—â—â—â—iâ—y â— p 109. l 41 for livery r. livery p 120 l. 35. for from r. â—â—â—me p 125. l. â—8 for in r. on p. 12â— l. 31. for withall r. with all p. 131 l 29. for â—â—cked r. â—â—â—ed p. 132. l 28 coâ—â—â— after deâ—iâ—eâ— not before p. 133. l. 26. for Treaties r. treaticeâ— p 134 l 1â— for â—ealâ—y r. reality p. 1â—6 l. 19. for oâ—â—â— r. once and p. 1â—â— l. â— for answeres â— answer l. 1â— for the r. that p. 138 l â—â— for their r these l 36. for their Authority r. these Authorities p. 139. l. â— for theâ—â— r. these p. 141. l â— for terrified r deâ—â—â—ed l. 4 after way l. 1â— after conscience p. 14â— l. 4 for Liâ—utâ—nant r Lord. p 143 l 5. after with commâ— l. 24. after fulsome r. and l. 25. for no r not l â—â— dâ—lâ— and p. 144. l. 5. after friends l â—â— for liberty r. liberties p. 11â— l. 14. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 coâ—â—â— p. 140. l. 25. for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Some other lighter mistakes are about pointings parentheses c. which Reader is desired to pardon and amend Postscript Let this following passage â—e read in to Sect. 32. of the first Treatise at the end of the said Section pag. 35. Nay suppose the House it self had been accessary to their detainment and approved the fact of the Army therein neither would this have devested them of their compleat Parliamentary capacitie The two Hothams Father and Son being seized upon by some of the Parliament forces upon suspicion of treachery without any warrant or direction from the Parliament the fact was generally approved by the Parliament than in being nor was there the least muttering or question made of any irregularity contracted by the House thereby By the way this Act of the Parliament in justifying and approving the said Act of their Souldiers I mean the seizing and violent detainment of two of their Members without any warrant order or direction from them onely upon suspicion of treacherie doth as far as any Parliament Authority extendeth clearly and fully justifie the Army in their securing by a strong hand such of their Members as were of late secured by them upon the like presumption or suspicion though without any particular or expresse order from the House And they who with Master Geree Master Prynne and some others condemn and reproch the Army for this fact offer no whit better measure to the Parliament it self in it's best at least in it's most unquestionable Constitution For if it were lawfull yea and commendable as the Parliament in that capacitie we speak of adjudged it for one party of the Army to lay hold on and secure two of their Members onely upon suspicion of treacherie without any speciall warrant from them it must needs be as lawfull yea and as commendable â—or another party of this Army to do the like by others of them though more in number upon the like grounds If one Judge upon suâ—â—icient evidence may give Sentence of death against two murtherers another Judge of the same capacitie may upon like evidence give a like Sentence against five Offendours are never the more priviledged by Law for being many That the grounds of suspicion upon which the Army of late proceeded to the seizure of their prey were pregnant and strong enough to bear such an Action hath had I presume proof and demonstration in abundance in the second Treatise besides a former intituled Right and Might well met
me in my Anti Cavaliâ—risme because in these hâ— 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 â—e in answer to his Preâ—â—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 turâ—ed a Montanist 2. Pamâ—lius saith of him in Vit. Tâ—rtull inter Apocrypha numeraâ—ur excommunicatus 3. It was Tertullians errour in a facâ— 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 â—â—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 Jâ—m sumus ergo pares Yea M r. Fox in his Monum saith Christians â—â—â— to the stakes to be burnt when they were neither condemned nor cited 5. What if we cite Theodoreâ— fol. 98. de Provid who about that time saith That evil men reign 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 through the Cowardlinesse of the Subjects As the Prelate saith of Tâ—râ—ullâ—â—â—â— I â—uâ—n it if Tâ—â—â—doret wâ—â—e now living he would go for a 〈◊〉 About that time Chrisâ—iâ—â—â— soâ—â—ht help from Constantiâ—â— the Great against Lyriâ—â—â—â— their 〈◊〉 perour and overthrew him in battel And the Christâ—â—â—s being oppressed by the King of Persia their own King sent to Theodâ—â—iâ—s to help them against him 1. For the man Tertullian in the place cited saith â—he Christians were strangers under the Emperour Externi sumâ—s and therefore they hâ—d no Laws of their own but were under the civill Laws of Heathen till â—onstantines time and they had sworn to Jâ—liâ—n as his Souldiers and therefore might have and no doubt had scruples of Conscience to resist the Emperour 2. It iâ— known that Jâ—lian hâ—d huge numbers of Heathen â—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 nâ—mber is not all in War skill in valourous Commanders iâ— required 4. What if all Christians were not of Tertulliâ—â—â— mind 5. If I would go to humane Testimonies which I judge not satisfactory to the Conscience I might cite many the practiâ—e of Eâ—aâ—â—â— of 〈◊〉 the Divines in Luthers timeâ— as Sleidâ—n 8. cap. 8. 22. reâ—olved resistance to be Lawfull Calvin Beza Pareâ—â— the Gerâ—â—â—â— Divines Bâ—câ—nâ—â— and an host might be pâ—oduced Lâ—â—â—â—â— pag. â—7â— â—7â— To this passage I shall onely adde the mention of some pâ—rticulars Sect. 5. in order to the Doctoâ—â—s satisfaction about any tâ—â—â—g found either in Tertullian or Cyprian about the point dependâ—â—g between him and me from M r. Prâ—â— himself a man as deeply now at last baptized into the Spirit of Royâ—lisme as the Doctour himself First â—hen saith Mr. Prâ—â— I say that â—eitâ—er of their Fatherâ— say that the primitive Christians â—â—ld iâ—â—nlawfull much lesse damnable in point of consâ—iâ—â—â—e for them to resist their persecuting enemies no such syllâ—ble in any of them And Tertulliâ—â—s Si non apâ—â— istaâ—â— disciplâ—â—â—m magis Occidi licet quâ—n â—ccidere by the way of necessary defence implyes no such thing but rather proves the coâ—â—rary that resistance is lawfull because it is Lawfull to be sâ—â—int as a Martyr therefore in thiâ— case to slay So that there is nothing in their Authority in point of conscience to condemn the Parliaments resistance and defensive War â—â— unlawfull Secondly they all seem to grant that the Châ—â—stâ—â—ns deemed â—esistance â—ven by force of Aâ—â—â— to be Lawfull for thâ—m though they used it not no Text of 〈◊〉 â—â—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 deâ—end themselves in a Warlike manner against their Perseâ—utors and had full Liberty and no restraint upoâ— 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 â—nnocency and desire of Martyrdom that they resisted not their adversaries with force nor reâ—ired nor â—â—ed away but cheerfully yielded up their bodies liberties lives to the cruelties of their enemies to obtain that Crown of Martyrdom which they dâ—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 Martyrdoâ— 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 Martyâ—â— 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 â—lew theâ— in the streets against Law as Tertullians words Quoties â—nim prâ—â—â—ritis â— vobâ— suâ— jure nos inimicum vulgus invaâ—it lapidibus incendiâ—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 thiâ— head Fifthly Admit the Christians then deemed all forâ—rible resistance of Persecutours simply unlawfull in point of Conscience â—â— 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 obliâ—ged with them not to resist with arms much lesse then their Parliaments forces lawfully raised for the publick Defence so on the contrarie part it follows not that therefore resistance is either unlawfull in it self or that the Parliaments present resistance is so For first such resistance being no where prohibited as I have formerly proved their bare Opinion that it was unlawfull to them cannot make it so to them or us in point of Conscience since God hath not made or declared it so Secondly the Primitive Christians held many things unlawfull in point of Conscience which we now hold not so he might have added nor have any sufficient ground so to hold Of which assertion he makes proof by â—â—â—dry particular instances which the Reader may please to peruse at his leasure Sovereign 〈◊〉 of 〈◊〉 c. pag â—â—â—â—â—â— 142 1â—â— 144. I suppose the Doctours Tertulliâ—nisme is â—ufficiently and with advantage balanced by the discussions recited from the two pre-mentioned Authours whose learning and Authority I rather chose to make use of for his satisfaction because of the friendlinesse between their judgements and his iâ— the case of the late King 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. Hâ—m â—â— â—â— An admonition from a friend Is likest to obtain it's end All my Contests with the Doctour hitherto have been levied and managed in justification of my Intellectuals against the imputations of his There is onely one more remaining wherein I shall plead the innocencie of my morals and demonstrate the unrighteousnesse of his in their criminations For pag. 6 of his humble Addresse c. he chargeth me with flatterie yea with such flatterie the very mention whereof was matter of amazâ—ment and horrour unto him besides many other eloquentiall aggravations But that I may not make my Accuser more unrighteous in his accusation of me then he hath made himself I shall transcribe the words of his charge as himself hath drawn it up in the place mentioned Having recited some passages and expressions of mine concerning the Army and some of their late actions which I shall have occasion presently to mention he commenteth thus The laâ—genesse and exâ—rbitancâ—â— of thesâ— expressions I was my self so amazed aâ— that I cannoâ— but mention them to you by the way aâ— matteâ—s of horrour which likâ— the peoples acclamation to Herod or the Lycaonianâ— to Paul and Barnabas if they beget not in you a just indignation with the latter may very probably bring the fate of the former upon you to be eaten up with worms after you have been thus terrâ—fied now that you have no other visible enemy but your selves and such Flatterers c. For matter of morall deportment I confesse I have not heard of any thing wherein the Doctour hath so abused his name and Reputation not to meddle with his Conscience as in this â—ycophantrie or false accusation But herein God hath shewed me the Grace and Favour which very frequently he sheweth unto his servants as heretofore I have observed in case of accusation and charge by men which is so to blind and order the calâ—mniating spirit in their Adversaries that it shall not see or take notice of their true and reall infirmities or failings but seek their deâ—amation by laying such things to their chaâ—ge which are most contrarie to those virtues or commendable Principles and wayes that are most signally eminent in them For the truth is my Conscience bearing me witnesse that of all un Christian and un-manlike mis-behaviours there is a peculiar Antipathie in my Genius and Principles against the sin of flattery and all unworthy compliance with great Persons Which Principle though it hath kept me from honour and preferment in the world yet hath it abundantly recompensed that inconvenience otherwise nor do I intend to sell it of to recede from it at any rate whatsoever And as for the Practique of Flattery and all undue Applications to the Greatnesse of this world I presume all that know me and the maâ—ner of my course and conversation will very freely be my compurgatours But as there is a great abhoâ—â—encie in my temper from Flatterie so I confesse there is a strong and vigorous propension to vindicatâ— worthy and honourable Actions by whomsoever performed whether by shrubs or Cedars when I find them in distresse I mean under obloquie and reproch by the tongues or pens of men In the managing of this Principle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 it is very possible that my pen being warm maâ— rhetorize a little on the right hand which hath alwayes been counted a very â—â—niall Deâ—inquencie by ingenuous men But concerning those expressions of mine which the Doctoâ—r Sect. 7. very unworthily and withoâ—t cause chargeth with â—orrid and amazing Flatâ—â—â—ie with Flatteri portending Herods fate of scolâ—cobrocie to the Lieutenant General and his Councel of War unlesse they reject it with indignation if he had read them with a sâ—â—gle eye he would have found them nothing worse than wâ—â—ds of sâ—beâ—nesse and of truth The first expression the â—xorâ—iâ—ancy wheâ—eof so much amazed him was that I pretend to demonstâ—ate the Honour and Woâ—th of the Armies Actions I wonder by the mediation of what topique axiome the Doctour will be able to reduce this expression to an import of Flatterâ—â— much more of any amazing or horrid Flatterie To speak of a Demonstration of tâ—e Worth and Honour of such Actions which indeed are worthy and honourable was never doubtlesâ—e untill now deemed Flatterie If he conceives that in this expression there is Worth and Honour insinuatingly ascâ—ibed unto these Actions and means that this is flatterie it hâ—d been time enough for him to have taken up this conceit when he had substantially proved the said Actions to have been neither worthy nor honourable But hic labâ—r â—oc opus est The â—econd Exprâ—ssion which it seems was accessary to that â—ad effect mentioned in the Doctours phantasie is that I lift the Army up to a blessed Victory of overcoming evil by doing good The truth is I do not lift up the Army to any such Victoriâ— though if I should or could lift up not onely the Army but the Doctour himself also and all his Friends thereunto I should neither flatter them nor indanger or hurt them otherwise I onely wish the good will of him that dwelt in the bush upon the head of such Warriours who pursue that blessed Viâ—torie of overcoming evil by doing good Now to pursue such a Vicâ—â—rie as this doth not necessarily suppose it as already obtained by the Pursuâ—rs See Philip. 3. 13. 14. Doubtlesse my wish of the good will of God upon the head of the Army doth no wayes endanger them of being eaten up with â—orms much lesse such â— wish relating indifferently