not to foresee that their very flying to Armes was and would be a great suffering and might prove if God should defeat them the meanes of extreame suffering A people so taught so enured to Passive obedience and no way enured to Warre could not be supposed willing or forward to engage themselves their purses or much lesse their Persons against the Name of their King and each day since the first Necessity hath continually sounded this out so that they had no reason to be forward to fly to Armes 3. By what I said on the former Section and added with the Petition by the E. of Holland even now mentioned It appeares they did not fly to Armes but fly from it as far as they could and durst 3. Wheras the Dr. often in this Section in the beginning middle and end insists mainly upon the breach of Charity in suspecting the King upon Remote feare and meere Jealousies causelesse Jealousies c. Repl. This may sufficiently be satisfied both in the behalfe of the Parliament and then of the People that adhere to them joyntly and singly For the Parliament and people both joyntly This may justly be said 1. The Dr. mistakes it is not simply a Jealousie of the King but rather of the Kings Councellors and Followers who find so much favour with him as they and others did before the Parliament against the Scots and us both and Ireland too witnesse all their heavy complaints against the Great Favourite Strafford that they are able to put him from time to time upon these Actions which his goodnesse of it selfe rightly informed and councelled would abhorre and hath so often declared against and yet Actions againe have discredited those declarations as the Memory of those that have been awake cannot forget both Referring to Religion and Liberties and the Parliament Remonstrances do amply set out besids other Books If therfore Security be once obtained against such persons I am perswaded the King will be no more suspected and in the meane time it must be a strange Charity that can chuse but suspect them 2. Where the danger is of much importance both for Greatnesse of Mischiefe and Inevitablenesse according to Man if not timely prevented Charity to ourselves and others will not onely allow but commend and even command to suspect and accordingly prevent such dangers by suspecting Persons and Actions which in lesser matters they would and might and should venture to trust Fire neere straw or Gunpowder is to be suspected more then neere hard wood Hedge-breakers and breakers of Houses are not equally to be suspected Religion Laws and Liberties are precious things and may be sooner lost then recovered And his Charity hath drunk of the water of Lethe that forgets these were lately attempted and endangered The Kings own Declarations acknowledge Laws and Liberties have been broken And how since the E. of Straffoâ—ds death all the old Projectors are become Converts is too hard a morsell for Charity to swallow when it must hazard such deare things to many of the same Persons againe Specially seeing still what they have done since the first sitting of the Parliam toward their old Projects as hath been partly noted already and somewhat more must be said by and by Next for the Parliament alone They are the great Councell of the Kingdome the publique Watch-men the Highest Court of Judicature it concerns them therfore to exercise their Charity for the safety of those that have trusted them Charity towards Attempters against a City is none of the Vertues of a Watchman nor toward Attempters of dangerous Treasons against a King and Kingdome the Vertue of a Judge Were they onely to loose their own Liberties or Lives their Charity might venture much further then now it may when they must Answer for Religion Laws and Liberties and so Lives and Consciences of a whole Kingdome of 2 Kingdomes England and Ireland as formerly of England and Scotland if not rather then and still of all 3. in a degree Who would not Curse their Charity detest their Folly if by their Credulity all this should be betrayed and ruined If Rhetorick needed in this cause no Subject could deserve it better then to cry down such a pernitious Charity as this would prove if they should be deceived with credulity And then for the People alone have they not a charity to exercise toward the Parliament as well as toward the Kings Followers whom have they trusted to be publike Watchmen the one or the other Whom hath the law trusted to be the great Councell and chief Judges the one or the other Who hath pleaded for their Liberties the one or the other 12. Subsidies were demanded with intent thereby to engage us in a bloody War against Scotland in the Parliament of Aprill 1640. Onely for taking away of Ship-money But this Parliament hath proved it so illegall and other things more that it was taken away without any cost at all by way of Exchange and many other happy Lawes hath the â—arliament passed and obtained for us But what one thing did the Kings former Counsellors move him to offer to his people by way of prevention for State or Religion in a whole yeer together To whom then must the People exercise their charity Must they condemn their watchmen as scaring them needlessely with Old Enemies discredit the law that saith No dishonourable thing ought to be thought of such a great Councell such a high Judicature And that when they more then ever any Parliament before give account to all men of all their Actions and the grounds of them Well shall that People deserve a ruine that believe Old Wolves rather then their faithfull Dogs then their Councell of Shepheards That shall thinke themselves bound to be charitable to those that have attempted their ruine and uncharitable to those that under God have hitherto saved them In a word let those that love Religion and Laws and Liberties compare the best actions on the one side with the best on the other and the worst on the one side with the worst on the other and then let charity judge if it dare or can the Parliament Fooles or Traytors to GOD and the KING and the STATE and the Kings followers the only wise men that have discovered their cunning Treachery and the only faithfull men to Religion his Majesty and Kingdome Take in then the Declarations and Protestations on the one side and on the other and remember is is not a single charity whether I shall suspect the King but first mixt whether I shall or may suspect the Kings followers who can doe any thing with him so farre as that they may doe contrary to what he saith and then a distinguishing charity whether I shall suspect them who were once most of them apparently Delinquents against Religion and the Laws Or the Publike Watchmen and the great Councell an Judicature of the Kingdom who have done so much and with such diligence to save and restore
a body together in the market place and be assaulted by such a number or a quarter so many they must not offer to resist but let them cut all their throates because forsooth in the body politicke one part must not be set against the head and another part of the Whole 4. He grants the body politicke may defend it self against an outward force but not as now one part c. Reply Then belike if the King imploy Danes or Irish against the Parliament and Kingdome they may resist them and is not the case so now at least in part but not if he imploy only English-Cavaleers Surely the mighty wits of the Earle of Strafford who was condemned mainly for counselling to bring in nine thousand Irish to reduce this Kingdome wanted our Doctor to have advised him to forbeare that designe and only Arme English and then the peoples hands and consciences should have been tyed from resisting by the Doctors and his fellow-Chaplaines Divinity and must have yeelded Religion Lawes and Liberties and neckes too for feare of dissolving the whole politick body by defence 5. When the state of the Question by himselfe set is when a Prince is bent to subvert Religion Lawes and Liberties What dissolution of the Whole can bee feared by defence and resistance against such intentions worse then that or so bad While therefore he talkes of such defence tending to the dissolution of the Whole he perverts the Question or else forgets that the subverting of Religion Laws and Liberties cannot be accounted lesse then a dissolution of the whole politicke body 6. I say therefore by an Argument à fâ—rtiâ—ri retorting his words upon himself If a private person may defend himselfe a gainst illegall Assaults of the Kings Messenger or even of himselfe as before then much more the representative Body of a State and even any considerable part of the Body with them or even without them to save Religion Lawes and Liberties against an intent to subvert them And if against outward forraigne Force then much more against homebred unnaturall Members who exceed rather then come short of any outward Force in rage and câ—uelâ—y tending to the subversion of the Whole and all such unnaturall and gangren'd members are justly and necessarily cut-off for the safety of the whole though their cutting oâ— cannot be without a maime and lamenesse at least for the present I say for the present for new members will grow up in the politicke body in time though never in the body naturall 2. He hath yet another Answer for us in these words Personall Defence may be without all offence doth not strike at the order and power that is over us as generall resistance by Armes doth which cannot be without many unjust violences and doth immediately strike at that order which is the life of the Common-wealth And this makes a large difference 'twixt Elisha's shutting the doore against this Messenger and their shutting-up the way against the King by armed men Repl 1. If some personall defence may be without all offence yet not all And he at least seems to have yeelded all personall defence lawfull so the Kings person may not be violated 2. Whose fault it is originally that generall resistance by Armes cannot be without offence Are the Plunderers not in fault but the defenders must be counted guilty And whose hand is it that strikes immediately at the order which is the life as he saith of the Common-wealth The defendants of Religion Laws and Liberties Or theirs who intend and attempt to subvert them all 3. How doth personall Defence if offensive to the Messengers assaulting strike lesse at the power over us then generall or common defence doth Or rather neither doth since the power over us as intended and ordained both by God and man is for the preserving and defending not subverting Religion Laws and Liberties and so defends the true power strikes not at it 4. If generall Defence cannot be without many unjust violences no more is any warre at all in a forraigne Country de facto But as the impossibility to restrain these wholly do's not make all warrs unlawfull so much lesse doth it a necessary defence in case of such danger to Religion Laws and Liberties 5. Whose fault is it that these unjust violences cannot be avoided the Assaylants or the defendants Let God and conscience be Judge To Him we feare not to appeale and while the conscientious Defendants labour as much as morally they can to prevent and rectifie all such unjust violences whether the danger of some acting them who must be imployed in the defence altogether forbids the generall defence to the utter subversion of Religion Laws and Liberties 6. And this indeed makes a large difference betwen Elisha's case and ours He defended but one against a sudden passionate command He pleades against malicious deliberate intents for defence of many the generall of all faithfull Prophets Magistrates Princes and all with Laws and Liberties for all posterity Let Heaven and Earth judge who is the wrong-doer and whether the defendants may not as Innocents call for justice as well as David against Saul 1 Sam. 24. 26. vide locum As for the Parliaments power to conclude of the Kings intentions without the Spirit Prophetick of Elisha I wonder we had not here also that Elisha defended himself by an extraordinary way being an extraordinary person as well as David before that belongs to the third Proposition handled in his third Section thither I refer it Only saying that since the printing of the Doctors book some bloud hath bin shed by the Kings Counsell of war at Reading in a pretended legality So at Oxford some others have lately been condemned with pretence of Law and what shall become of them who knows whether they will put them to death in terrorem to others Or reserve them for feare some of their party should be served with the same sawce Finally whereas he saith the King desires not any punishment should be inflicted on any that oppose him then what a legall tryall shall adjudge them to which no good Subject ought to decline Reply This were credible if we were assured what is meant by a legall tryall and that it did signifie not a tryall by such Judges and Juries as are apparantly partiall or if we could forget that the six Members accused of High-Treason in January last offered themselves to be tryed and the Parliament offered to try them in Parliament according to their Priviledges being Members of their Houses and from thence forth the Accusation was laid a sleepe till of late notwithstanding the reiterated importunities of both Houses of Parliament who also in one of their Declarations or Petitions to the King urged a Statutes how such accusations ought to be managed and conclude to this effect that by Law and Justice this ought not to be denyed And thus I have vindicated the Examples of Scripture by the Doctor alleadged for us and from
both and then let Conscience exercise charity as it will answer to GOD to it selfe to all it's Fellow English men and Christians and even to the whole World Thus in generall now we must examine some particulars The Dr. names 4 grounds of feares and jealousie with which the people have been possessed All which he first rejects with a gentle comparing of the Parliamont who hath set them forth to the Devill the Arch-accuser This is his charity In stead of rataliating I will onely say the Lord forgive thee His first ground is Reports of Forraign Power to be brought in This he saith was given out before the setting up of the MILITIA to keepe the People amused the easier to draw them into such a posture of defence as was pretended and they are all discovered by time to have been vaine REPL. 1. why will he perpetually forget that the King himself granted the Militia necessary to be setled 2 It was not meerely Forraigne Forces to bee brought in but Papists and Delinquents rising at home that was insinuated a cause of the desire to have the Kingdom put in a posture of defence 3. Who knows not of the billeting of many thousands of Irish upon us even during the fitting of a former Parliament The Project of Germane Horse in the Dukes time is it quite forgotten The Earle of Staffords Councell not only to bring in his Irish Army consisting most of Papists wherewith to reduce this Kingdome was it not proved by the Oath of a Privy Counsellor present and confirmed by his own Notes taken at the time and did not the rest of the advise then given by that Politician that the King being now deserted by his Parliament might doe any act of power Quaere the words in his charge amount to Counselling the bringing in of any forces from any place And why must all intelligences after these prevented bee counted vaine 4. For is all suspition vaine because the thing suspected comes not to passe when mean are used to prevent it Is all preventing Physicke Vaine Is all feare of Pyrates in a Sea voyage vaine if none assault a well man'd and provided Ship Was not such a Navy being secured in safe hands as would under God have made great Forraign Forces repent their comming against the Kingdomee competent reason why those that did mean to come if they might have had no resistance on the Sea now thought it too hot a service 5. But besides the Navy they had no Landing place Hull being contrary to the Court-expectation and attempt as was Noted before secured by the Parliament and so might well be the more discouraged 6. Which is the more considerable because no sooner had they got a Port-Town namely Newcastle but though no Forraign Forces came who could not be so soon ready yet Forraign Ammunition came not a little and Forces of our Country-men who served in Forraign Countries and money too from Forraigne Princes or People And what more is comming if our unhappinesse continue till the Spring who can be secure But for this if it prove so the Dr. hath a defence ready All Christian Kings he saith cannot but thinke themselves concerned in the cause and it will be as just for the King to use them against subjects now in arms as it was unjust in the Barons to call in the French against their naturall King REPL. 1. The Dr. bestirres himself to make the King strong to maintain the Prelacy among other things as himself hath told us before in the former Section he said that they that assist him doe it according to their Allegiance So that he intends that all his Subjects are bound by their Allegiance to assist him and fight against the Parliament even though their Consciences judge them to intend the conservation of Religion Laws and liberties and his followers to intend their subversion And here hee calls all Christian Kings iâ— as themselves concerned in the Cause 2. When the Rochellers took Arms according to their Priviledges and Edicts of the Kingdome to defend themselves And our Protestant or Popish Councellors got 8. Ships to be sent to assist the King of France against them and in the Low-Country they did the like too what will the Dr. say were all the Christian Princes concerned to assist against the Rochellers If hee doe the very souldiers and marriners that went into Ships shall rise up in judgment against him who when they knew what they went for utterly refused to fight against their Religion and so the greatest part of them were set a Shore againe and the rest went on their voyage and did the mischief to help beat the Rochell Fleet and give the King possession of the Haven so as he afterward with the help of the King of Spaine so still Princes are concerned against the Protestant made a Barricado so strong as when a Fleet from hence after re-Voyage attempted to relieve Rochell by Sea being then actually besieged by Land it could not be done 3. What will the Dr. say to that Voyage to Rey and that to releeve Rochell when it proved too late Why was not the King still concerned to helpe the King of France or was he 4 Will it be Just for the King to use Forraign Forces when to the understanding of Common Readers hee hath utterly disclaimed it in more then one Declaration 5 What Counsell would an Enemy to the King and Kingdome that hath read Stories and ours in speciall as the Dr. seemes to have done give but the using of Forraign Forces was not the Kingdome Conquered by this very meanes by the Saxons when King Vorteger was in debate with his Lords and People call'd them in to assist him Did not the Turkes so come into Europe and oft the like hath hapened 6. He counts it damnable to resist for defence meerly much more then as the Barons in K. Iohns time to call in a Stranger to make him King if then to call in other Kings to assist against the Parliament be as just as that was unjust it is a high vertue though to the utter endangering of the whole Kingdom whose Counsellour surely it were pity the Dr. should ever be who hath no more judgment or more Conscience or charity toward the publique good then to advise and commend such a practise 2. Next he propounds the Queens Religion as a matter which is urged to cause feares and jelousies Of which he saith It is no new cause REPL. 1. It is true to the great grief of all that truly love Religion or wish well to her Majestie but had others wish't it otherwise as the Dr. speakes for himselfe who have had accesse unto her She had not bin told by a great man in the Church in the worst season that could be when it is said shee had some Pangs about Her Religion and asked of it that Shee might well be saved in her Religion Or if any give no credit to this passage yet it is notorious
by Reassuming as I said before a taking of the whole power from him to themselves but onely for the particular Case in hazard and for the present necessity And now to begin with what he first mentions the Derivation of power I must tell him that he forges what he before complained of in others that they confounded the power it selfe with the person and the Qualification I am sure he doth so here if ever man did Hee before granted the Person and Qualification from men and then they approved of God and more then that no man pleads to be derived nor more to be forfeited plead not for so much nor he Paâ—liament neither But only the Qualification for he particular Case of danger and till that danger may be sufficiâ—ntly secured Yet here now at first to oppose the Forfeiture but of this particular which is only in question now before us he denies the power to be from the People and appeales to what he hath cleared which is onely by his owne saying but not altogether as hath beene shewed that the Power it selfe is from God But for all that if no more can be said against the persons forfeiting his reigning Power and specially in the Qualifications of it even for ever it may undoubtedly be forfeited and so re-assumed all of it which is more then I say Secondly but he will prove that though the People have this Power absolutely which himselfe hath more then once granted of the Designation of the Person and Qualification yet could they not have right to take it away REPL. The King will have no cause to thank him for his undertaking as well because he doth it not with any great strength as also because hee hath hereby provoked men to dispute even this Case which no way needed since the Parliament never pretended to this Right in generall but rather disclaimed it First he saith Many things which are altogether in our disposing before we part with them are not afterward in our power to recall REPL. True but some things are and that both if conditions be not observed and even at our owne pleasure A King makes some Officers for terme of life others quamdin se bene gesserint others aâ—â— ante bene placite To the latter hee may send a Writ of Ease at his pleasure and every day it s in his power to recall their Authority To the second their offices are sure without power of recalling till they are legally convicted of misbehaviour To the third as long as they live their Authority is firme and no power of recalling it wholly Yet even such may bee hindred from some Administrations by Accusations by and apparency of Crimes making it unfit for them to be trusted in the particular We imagine not the People to have power to recall that Regall Authority at their pleasure we argue not that they have power to recall it wholly upon any Case of Mal-administration All that we plead for is power to administer a part of it upon necessity which he will not administer for good but rather for evill And there are not many things that were altogether ours and in our disposing before we part with them but are still so farre ours as to use them againe in our necessity for that turne at least though there are some Secondly But he will prove this to be one of those that are not after in our power to recall especially saith he such in which there redounds to God an interest by the Donation as in things devoted though after they come to be abused REPL. 1. Grant this true in referrence to the Power of recalling them wholly which yet is not universally true as will appeare straight yet may there be power enough to administer so much as is of necessity A Wife is tyed to her Husband by the Covenant of God so called Prov. 2. by the Ordinance of God more ancient and no lesse strong then that of Politick Government She cannot recall wholly her Husbands Authority over her though shee was once altogether at her disposing to choose or another or none to be her head All the goods of the Family are his in Law and not here but by his leave and order Yet for her necessity she may by the Law of God and conscience administer so much of the goods as is fit and secure her Person from his violence by absence though that ordinarily be against the Law of Marriage and the end of it or any other meanes of nccessary defence But secondly it is not altogether true that there is no power or recalling any thing devoted to God Hezekiah took off the gold from the Doores of the Temple and the Pillars which he had overlaid and all the silver in the house of the Lord to pay the King of Assyria his demanded Ransome 2. Kings 18.14 15 16. If the Doctor will not owne this Act of Hezekiah I am sure he will that of David taking the hallowed Bread which was not for any by Gods Law to eate but onely the Priests This was devoted to God and not so much as abused and by him assigned to a speciall use yet from that diverted and lawfully without question And now I appeale to all Consciences Whether the necessity of saving a Kingdome from the subversion of Religion Lawes and Liberties be not greater then Davids necessitie was And if I will have mercy and not sacrifice did justifie Davids act will it not theirs who in a necessity use or administer the power of the Militia or Armes which ordinarily is only to be admieistred by the King Neither will Abimelech the Priests consenting to David alter the Case for it was devoted to God and but in necessity he might not have consented nor David accepted Necessity then recalled that particular Bread through devoted So necessity may recall this parcell of power in question Thus the Doctors ground failes him for our Case yet 3. see what he adds so although it were as they would have it that they give the power and God approves himselfe oft hath said and cannot deny but they give the Person his power and if they take it from his person yet they may leave it to his Heire but wee argue not for so much yet because the Lords hand and his oyle also is upon the Person elected to the Crowne and then he is the Lords Annointed and the Minister of God those hands of the People which were used in lifting him up to the Crowne may not againe be lift up against him either to take the Crowne from his head or the Sword out of his hand this true inform'd Conscience will not dare to doe REPL. 1. Is not Gods hand upon a Judge Is not hee the Minister of God Is not a King bound to God and to his People to appoint Judges who may lesse be spared in their Power then the Monarch himselfe for what is his Power when an Infant Is not the Kingdome then administred
againe it can never be rationally conceived the people have given away such a naturall liberty such a necessary power for their common safety Unlesse it can be proved that they have done so The proofe then before the Barre of indifferency of judgement and unpartiall conscience will lie on the Doctors part not ours Fourthly But he saith the representative Body cannot meet but by the will of the Prince and is dissoluble at his pleasure REPL. 2. It hath been so de facto multo but whether it bee altogether so de jure may justly be questioned upon these grounds First for their meeting when the Prince is an Infant or if a prisoner in enemies hands and so cannot give out a legall Warrant for their meeting or if distracted hath not the State power to meet in Parliament for their common safety and the Princes too They have met in the infancy or minority of Kings and made Lawes as in Edw. the 6. time and not by the meere power of the Protectour for the Nobility after put him out his head was cut off afterward by a Law made while he was Protectour It was then and could be nothing else but the inherent power of State to meet so in cases of necessity Yet I beleeve there is no written Law for this but the generall Maxim of Salus Populi suprema lex And this will extend to the case of Tyranny as fully as any of the former if not more Withall did not the Lords in Richard the 2 nds time call a Parliament without the King wherein they had their grievances redressed and this afterward was confirmed in the first of Hen. the 4 th Secondly then for their dissolving It hath indeed beene very much practised by our two last Kings But our Histories so farre as I remember quare whether Hen. 3. did not dissolve some Parliaments in discontent mention not any such thing as a Parliament dissolved in displeasure or against the desire of the Houses But as they meet very frequently oft-times every yeare somtimes oftner so that in the space of a hundred yeares there are counted above a 100. Parliaments So they sate till they had ended the Princes and their owne businesses which went much together and so it never came to a matter of examination or discontent the delay of calling them to meet or the too timely dissolution of Parliaments Parliaments were not wont to bee so odious or dreadfull to Princes as within these forty yeares they have been By whose default they have been so since let the encrochments upon Magna Charta and the Subjects liberties direct any to judge 2. But further for both these First the Parliament averres that there are Lawes that there should be a Parliament every yeare and so they have abated of their Right rather then gained upon the King by the Act of the Trienniall Parliament 2. And for the dissolution I have heard some wisemen affirme that by Law it cannot be dissolved while there are any Petitions of grievances or such matters of importance depending and unfinished Whereunto may be added most justly that in ordinary times Countrey Gentlemen and Noblemen and in a manner the whole body of the Parliament would be as sick of a long Parliament and continuall attendance as the King could wish and would petition rather then be tyed so by the legge for a dissolution or at least a Prorogation And it 's well enough knowne that even this Parliament after the Act of Continuation past were as weary of sitting as need to be desired till the Rebellion in Ireland seconded by the growing evills at home put new spirits into them and forced them to that diligence of attendance and unwearied labours so many as have taken the common good to heart as no Age or Story can parallel here or in any other Kingdome or Nation Thirdly beyond all this I appeale againe to the Kings Answer to the 19. Prepositions formerly mention'd and aske whether if the King have absolute power to forbeare calling them at his will and to dissolve them at his pleasure it be not a meere nothing that hee saith the House of Commons have power to impeach his owne Followers and Favorites who have broken the Lawes even by surreptitiously gotten commands from the King and that the Lords have power to judge and punish and are an excellent skreene between the King and the people to assist each against any incroachings of the other and by just Iudgements to preserve the Law which ought to be the rule of every one of the three and that the Power legally placed in both Houses is more then sufficient to prevent and restraine the power of Tyranny What serves all this for when his Favourites will keepe him from calling a Parliament perhaps all his dayes unlesse unlook'd for neceâ—sity force him to it We haoe â—eene our selves about 13. yeares without one and had there not beene conceived hopes that there would have beene Money given against the Scots it had not been then called as it was Againe what serves the calling them when the same Favourites being questioned shall counsell a dissolution We have knowne that too even three times in this Kings Reigne and no other dissolution but on these grounds And the last was within three weekes because they would not in all hast and contrary to all former Presidents and Priviledges give mony against the Scots and embroyle the two Kingdomes in a perpetuall Warre not having had one grievance redressed And in the case of a Prince bent or seduced to subvert Religion Lawes and Liberties which is the Doctors Case propounded It is undoubted he will if he can dissolve them as soone as they offer but to punish any of his Favourites and so to crosse the designe unlesse he dare not of which anon because therefore I believe the King in that Answer hath not ascribed more then right to the Parliament It will follow that in right specially in such case they ought not to be dissolved And that if by force they should be or should not have been called at all the People have right to meet together when and where they can in a Parliamentary manner or otherwise to such end as to defend themselves and one another from tyranny and the designed subversion of Religion Lawes and Liberties as hath beene often said Fourthly but for the present condition of our Kingdome and Parliament I must professe that as I admire the providence of God in the Act passed for the continuation of this Parliament so I doe for the forementioned expressions of the King in that answer Which laid together may to any understanding men wholly decide this first Question betweene the Doctor and us in point of Legality in our Kingdome if there were nothing else said or to be said that supposing such a designe to subvert Religion Lawes and Liberties This Parliament hath if no other had or could have being dissoluble at pleasure compleat power and Authority to
to the duty of my Allegiance His Majesties Royall Person Honour and Estate and a defensive Resistance intends no hurt but defence and maintenance of him in all these respects and so was never protested against It is therfore vaine that he addes The Kings power cannot be prevalent for the good of his people unlesse it be preserved to him intire unlesse he hath a power of denyall and of chiefe Command of Armes Repl. But we Argue not against a King intending the good of his people but bent to subvert all Good and this indeed hee cannot doe unlesse their hands be tyed by some such Positions as the Dr. would make them believe that they must not deny him his power of denyall of their safety when hee himselfe or others under him meanes to subvert all Religion Laws and Libertie And now after all these discourses the Dr. spends above a Page in the 1. Edition to summe up his strength and boasts of his Victory enough and enough But how justly the Consciences of his Readers and mine must and shall Judge now and God above all To whom I very willingly appeale as well as he or any other who for mine own part have even in this discourse shewed I am no Idolizer of the Parliaments nor carryed away with it as hee charges as the Papists with the name of the Church nor yet do I thinke Religion may be defended any way For it may not be with lying nor with doing any thing that God hath undoubtedly forbidden But he hath forbidden such defensive resistance as I have Argued for my Conscience finds not notwithstanding the Drs. bigge words continually misapplying the indeed terrible sentences of the Apostle against unlawfull Resisters of the Lawfull Power And so I have done with the maine of the Drs. Booke which concernes a Divine The 2. last Sections are matters of fact wherein it is more easily to satisfie a mans owne Conscience then discourse of it publiquely because it brings persons much on the Stage and some of it cannot but reflect on the King Of whose honour I am so tender that I would not willingly have an unworthy thought of him Neither will I yeeld to the Dr. or any other living Man in my zeale to His Royall Person Honour and Estate according to my protestation Yet somwhat must be said and the Drs calling for it will deserve little thankes nor yet his pleadings for all the actions done if they be well examined To that therefore though unwillingly I come SECT V. IN this Section he propounds the sum of his second and third generall which are much matters of fact Yet in this above the major part of Votes hee again slides into matter of right and most illegally and unjustly argues against the major part of Votes as against a prevailing Faction But if conscience may refuse or suspend to consent to such Votes under that pretence in vaine do all numerous Bodies meet For this principle of his dissolves and blowes up not only all Parliaments but all other meetings Civill or Ecclesiasticall For how seldome are any matters of great importance once controverted concluded by an unanimous Vote of all as one man And in remote places who can be assured in conscience it was so though said so And what a new doctrine of Politie is this to make every one in a great Assembly to have a meere Negative as this upon the matter doth The King hath it not in this case much lesse any other single Man But he will not say so if the Major part should Vote any thing that pleases his Doctorship If they would Vote the Re-establishment of Bishops Votes and Authority this were Good with him no doubt but if it be against his Positions then it 's but the prevailing of a faction So unjust and partiall are Men that dispute and Argue for their own Interests though with pretence of Conscience But he first repeates what he had told us in his first Section that it is agreed 1. That this Resistance must be Omnibus Ordinibus Regni Consentientibus 2. That it must be Legitima Defensiâ— a meere Defensive Resistance Repl. For the first of these if some agree to it yet all do not I cannot for the Reasons oft insinuated and inserted in what went before meaning it as he doth here of an Unanimous consent in Parliament for not onely a legall number Voting suffices to any Parliamentary Act being the Major part present But if no Parliament were called or could meet through the strength of a Tyranny already prevailing Nor the Nobility and Gentry and Commons so much as send one to another tâ— know one anothers mindes through the severall Shires of a Kingdome yet might any one Shire or part of a Shire begin to take up Armes to defend themselves by resisting Outragious Attempts of Tyranny against their Religion Laws and Liberties and that from the Naturall Liberty that all have to be no further Subject then God hath commanded or themselues consented with Gods consent and this originally belongs as an inseparable priviledge of a Reasonable Creature to each person single and from thence is derived to Parliamentary and Representative Bodies and so in Case of such necessity is not bound to waite their Assembling or Votes nor to be concluded by them if Assembled they should Vote the contrary by a Conspiracy with the Tyranny But each may defend himselfe and each by the Law of charity may and should also defend his Neighbour but especially when the danger is common as all may without any Votes or Commands runne together to quench a common fire stop a breach made by the Sea resist a Forraine Invading Enemy Without I say and even against any Votes or Commands if any should be to the contrary Though still I grant Omnibus Ordinibus Regni Consentientibus out of Parliament and much more in Parliament or the Major part consenting and much more few or none dissenting makes the defence more Honourable more Easie more Successefull Onely I cannot yeeld it as absolutely Necessary to the lawfulnesse of the defence But the Dr. proceeds and would insinuâ—e that the resistance begun in the point of the Militia not onely found opposition specially in the Lords house but also that the Votes were not free And that their proceedings are declared against by a greater number than doe remaine in either House such as have beene cast out or have withdrawne themselves in dislike of their proceedings Reply Now we are come to matter of Fact and here in many things which the Dr. hath in these two Sections never any people that desired to satisfie their Consciences had such advantage by all sorts of Declarations Diurnalls and Writings summing up and repeating actions and proceedings both since the businesse of the Militia specially and even sufficiently before that he that will goe by an implicite Faith as the Drs. phrase is or beleeve only one side is inexcusable if he be misled All then that that
withdrew Pag. I need not repeat it And as for the cruse and speare he tooke them not away for feare of being hurt by them as now Ammunitions and other provisions but as the Dr. well sayes to shew Abners neglect and his own integrity and therfore when they had done him that service he restored them without demand But the Parl. cannot fly from place to place like David they must keep at Westminster or dissolve themselves and they have offered to restore that which they took to prevent their own and the Kingdomes being mischefed by it so that security might have been obtained for time to come witnesse the Petition sent by the E. of Holland and others to Beverley while Hull was besieged In a word there hath been nothing done in this kind of all that the Dr. reckons up which meer necessity hath not forced and most of those things must have beene done by David if he had kept Keilah against Saul as he desired and meant to have done 2 And whereas the Dr. further urges that the Kings loyall and peaceable Subjects are assaulted despoiled of their Armes goods estates their persons imprisoned because they would according to their allegiance assist him in this extremity or would not contrary to their conscience joyne with them against him Rep. This concerns two sorts of persons and for both though somwhat differently the satisfaction to this allegation depends upon the justice of the defence it selfe For 1. if the Parl. do justly take up Arms then without all doubt however the Dr. talks of an implicit faith they may seize upon the arms goods estates persons of those that actually under what pretence soever assist against them Though if their defence be not just then all this is confessedly a multiplication of injustice but if they may fight with the Army that opposes them they may disarm c. those that strengthen the army with monys c. 2. as for those that only wold not contrary to their conscience joyn with them against him I have 2. things to say 1. If any of these have in former times any way promoted illegall commands and practises it is much to be doubted they can bring but slender proof of their forbearing to joyn with the Parl. out of conscience There is nothing more easie then to pretend conscience in all controverted points But hee deserves not to be beleeved in his pretence that hath been but even now and much more if he be still a violatour of rules of conscience in other respects It is wel known how tender they have been of other mens consciences in needless Ceremonies in illegall Innovations in prophane violations of the Lords Sabbath and the 4th Com. who now cry conscience to save their mony or to weaken the Parl. 2. If any be really conscientious in the point yeâ— upon the necessity of a just defâ—nce the Parl. may as well secure their persons and specially their Armes and levy some monies upon them as in a common danger of a forrain enemy trenches may be digged on a mans Land or Forts built evâ—n against his will and in a fire breaking violently out the next house may be pâ—l'd downe to save a towne or many more houses Though it is also true that such ought to have recompence afterward when al the danger is over and so I doubt not but all truely consciencious shall have in due time When it shall appeare they only forbeare out of conscience and did no acts of malignancy withall nor spoke malignantly against the Parliament and their just proceedings The Modesty of some of many that have suffered a great deale worse within these few yeares then the Parliament makes their most Malignant Prisoner suffer may sufficiently shew what a Conscientious refusall signifies if it be no more but so And if the Parliam have nothing more to Answer for then rigour against such the Dr. will hardly prove they have transgressed the bounds of a lawfull defence His reproaches therfore in the close of this Sect. I let passe and come at last to his 7. last Sect. wherunto if as good a reply can be made as to the former I shall not much doubt the Sentence of Conscience of any one who is unengaged or unpartial in the whole Question between us SECT 7. WE are now come to the Tendrest Peece of all the Rest and how confidently so ever the Dr. charges the Parliament and all that cleave to them with Rendring the King odious c. and saith it concernes them so to doe yet it shall appeare by what I have to reply to him in this Section how little delight I have to make the King Odious and that the Parliament also hath and doth as much as lay in them to put off all Imputations from the King and charge them as the Law doth upon his Councellors Judges Followers and Favourites Here 1. let me remember him that whereas in other Kingdomes some Favourites when they have seen their Prince endangered have rather taken his actions upon themselves then cast theirs on him and been content to Sacrifice themselves rather for his safety then expose him to shield themselves It hath been the continuall practise of the plotters against our Religion and Liberties to Entitle the King to all their Illegallities and Oppressions There can scarce that Grievance be named if we except the Ship-money which was devolved upon the Judges and yet it is well knowne how they were tampered with in the Kings Name which they have not Fraudulently gotten the King to own as his Act and this is their constant practise to this day who then hath laboured to make the King Odious or whom did it concerne but they that so far as the people would finde fault with any thing they should be forced in a sort to finde fault with the King and this also helped to Charme all Tongues and tie down all hands till they provoked the Scots beyond all degrees of sufferance to come in with an Army and demand security in and by an English Parl. aswell as one in Scotland 2. Next whereas the Dr. upbraids the Parliament and People That it seemes they are men that would be loath to suffer for their Religion they are so ready to fly to Armes to secure themselves Repl. 1. It ill becomes a pretender to and Disputer for Conscience to speake this Language that hath lived to see how many sufferings though not resisting to blood striving against sinne many even of the Parliament but specially of the Ministery and people have yeelded to within 16. or 18. yeares and never thought of flying to Armes but rather of flying out of their Native Country as thousands have done Unlesse the Dr. will undertake to justifie all that was Imposed upon mens Consciences all this while And if he will do so he shall save many Consciences a labour to judge with what a Conscience hee Writes 2. Doth he thinke that they could be so simple as
enough that her illumination hath been so farre from the endeavours of those who might have bin heard by the King and the Queen both that Ministers have bin check't for praying for Her conversion 2. But no man hath said this alone is a sufficient Cause nor was the Chief cause at the first It is well known thaâ— at the first and for diverse yâ—eâ—s Shee carryed her self so as those that loved the true Religion pitied her rather then severely blamed her and hoped good of her if any meanes were used for Her good But when after some yeeres a Nuncio from the Pope was brought over and setled here those about her have been more active and yet more since the Qâ— Mother came first over things have ripened apace and how farre Her Religion hath beene a Cause of the dangers of Scotland England and Jreland by the countenance of the Popish Party generally and multitudes of Jesuites and Priests in Court City and Country any common understanding may judge that remember specially what even a Solomon did for Out-Landish Idolairous wives which Nehemiah set so home â— 13. 3. The little businesse of her journey into Holland and the great businesse that hath been acted by meanes of that is but an unhappy commâ—nt or explication of the iustnesse of feares and Jealousies from her Religion 4. As for the Doctrines and practises of these Times which the Doctor saith are not the way to make her fall in love with our Religion and draw her to it She hath little reason to be offended with them if she be pleased with the Doctrines and practises of her own Popish Religion Witnesse the Parisian Massacre the powder Treason and the present too lamentable rebellion of Ireland Let but that be compared with the worst can be imagined of our Doctrines and practises and then let her love which is fairest and meekest 3. Then he comes to the resort of Papists and his Majesties entertaining them and Davids example 1 Sam. 22.2 toward Ziba is alledged to justifie it Rep. 1. But the Dr. forgets that the time before the Parliament the Papists and popish party had undeniably made an inrode upon our Doctrine publike Worship Laws and Liberties and against them in speciall was the Militia desired to be setled by people and Parliament And after all this upon a difference about the Militia to imploy them against the Parliament sooner or later is an example beyond example and beyond the power of words to take off the exception Suppose a Woman suspected of incontinence And Popery is spirituall whoredome should take to her selfe the parties with whom she were suspected to be her servants the better to defend her honour were this a way to cleare her selfe Or a Captaine to take in Forces to defend himselfe having been challenged that they had a designe to ruine his Army or Castle 2. What charity can stretch it selfe to beleeve they intend to assist the King in maintaining the Protestant Religion and the Laws against themselves which yet his Protestations proclaime Surely some about him must needs give them other assurance or they would not be so mad as to fight for their own suppression and their Adversaries promotion 3. But if they be so good subjects as the Dâ—maintaines and helpe the King in such an extremity must they not be counted to deserve a great reward and what can that be but Ziba-like to divide the Land A Tolleration at least they must needs expect if not indent for or be promised 4. Or if they be strong enough to overthrow the Parliament will a division content them Will they not be able to command King and All hence-forward N. B. If Protestants charity can be so sottish by this Doctors delusions as to trust to their faire dealing with Religion and Laws when the Parliament is by their force ruined they deserve no other pitty then a bewitched or distracted Man who is not afraid of Fire nor Water but let Straw or Gun-powder lye neare the one and pulls up floud-gates to give the other passage 5. Davids followers 1 Sam. 22.2 were far from Popish qualities The Text describes them thus Every one that was in distresse and every one that was in debt and every one that was discontented bitter of soule Here is not a word of all this that signifies them to be wicked A faithfull Man may be in distresse severall wayes he may be in debt through Gods hand upon him not his mispending and not able to pay but willing if he were able and resolved when he should be able and may be bitter of soule through oppression c. So that though in likelihood among so many there were some vicious Yet here is nothing to affirme that they came as vicious but as afflicted 6. Had any of them been Idolaters as Papists are had they been of confederacy with the professed enemies of Gods true Religion and people and so known then David had been too blame to have entertained them and Saul would have been sure to have laid it to his charge Neither could he ever have purged himselfe so long as he had made them his Guard that he meant to be faithfull to God and Israel And specially if Saul had before excepted against such Men as treacherous This is the Case now The enmity of Papists by their very Religion against ours our Parliament and Protestant people is known to all the world that understands any thing The Parliament hath often and often declared their feare of them these two Yeares and in reference to the setling of the Militia that so their designe on the Kingdome might be defeated The King protests not to owne them nor their helpe Yet things all along since the first discontents are still acted as they could wish and did and doe applaud And now after all this to take them into the Armies and imploy them against the Parliament is as far from Davids fact in entertaining his Troopes as their designes against the Parliament are far from his against Saul 7. It is true indeed that professed Papists were not actually entertained at the first It had been too grosse for them to have appeared at the first specially in any number and would have raised all the Kingdome against them The Ice therefore must be broke by others first and by Court-converts Of whose Religion the Priest that had lately written on the subject on which Dr. Featly had animadverted hath given a faire warning sufficient to startle any man almost To which purpose let me adde a word of a Booke I have seen cal'd Jesuitica Negotiatio printed neare 20 Yeares since by Order of the States of Frizeland which containes Instructions surprized of the Jesuites toward the Conversion of the united Provinces Among which this was one That whosoever they could convert to the Romish Religion should be still allowed to professe the Protestant Religion and keep any Office or place he was possest of and give sentence against any Papist
ready to doe all things for Ireland as if he had stayed at London 2. When he had been at Hull and demanded of the Parliament justice upon Sr. John Hotham he declared he would doe no businesse till he had satisfaction in that except only the businesse of Ireland 3. A few dayes after that he would in all haste goe over in Person to subdue the bloody Rebels and venture his Royall Person to recover that poore Kingdome Who now almost can beleeve his Eares or Eyes that any thing should be done to the prejudice of Ireland 4. If the dates be observed of some of those things mentioned in that Answer of the House of Commons they will be found done before the Parliament had done any thing more toward their own defence then when that profession was made after the Kings being at Hull when the King would have ventured himselfe to goe into Ireland 5. It is strange that the puniâ—hing of Sr. John Hotham and the suppressing the Militia the recovery of Hull and the Magazene which at last after many other Declarations perswading of no intention at all of a War against the Parliament the King declares he would loose his life but he would obtaine and this I think Quaere before there was any one man listed for the Parliaments defence should be thought a necessity allowing any retarding much lesse disappointing the crying necessities of Ireland after such Protestations of care for it 6. If the Parliament be not only not so good subjects as the now entertained Recusants but unlesse they be worse then those horrid Rebels of whom some of the Kings Declarations speake with destation enough while the Parliament protests before God and the Kingdome and the world that they have no Thoughts nor Intentions but loyall to the King and faithfull to the Religion and Kingdome and the Popish bloody Rebels who one while avouch they have the Kings authority for what they have done another while seeme to renounce him and to intend a new King But alwayes professe to intend the extirpation of the Brittish Nation and Protestant Religion in that Kingdome and then to come over into England to fight against the Parliament and Puritans and Protestants here If I say the Parliament be not worse then the Irish Traitours it is a prodegy that any necessity can be thought sufficient to doe such and so many acts as that Declaration of the House of Commons mentions or almost any one of them to the woefull prejudice of that bleeding Kingdome and great incouragement of the bloody Rebels It would be too long to insist on every particular which if a man would Rhetorically and but justly amplifie he might astonish all men how the former Protestations and those actions could agree and what necessity could be pretended for some of them as entertaining Irish Rebels c. vide 7. Unto all which adde but this as a corrollary that the whole is a most unhappy verification of that which at the first breaking out of the Rebellion was related as spoken from the Rebels that they had a considerable Party in England in the very Parliament and the Court and that they doubted not but to find us so much work at home as we should have no leisure to send succours to the Protestants there Nor can I forget what I heard a few dayes before the Irish Rebellion brake out that a Steward of a Popish great Lord disswading a Church-warden from obeying the Order of the House of Commons about taking away Idolatrous Pictures c. Bidds him not be too hasty for before a Moneth were at an end he should see great alteration and so it appeared though blessed be God not yet to the full of their hopes Lay now all these things together which the Dr. hath instanced in and forced this descant upon with those in the former Section and then let all consciences exercise their most unpartiall judgement and most ample charity and then suspect in whom the designe hath bin and is which hath necessitated the other party to take Armes to defend themselves and then let them say Amen to an Application of two Stories of Scriptures one of Jotham to the men of Shechem If you have done faithfully c. then rejoyce and â—et your party rejoyce but if not then fire come forth and devoure c. The other of Solomon concerning Abner and Amasa's bloud let it rest on the head of Joab c. but upon David and upon his house and upon his Throne let there be peace from the Lord for ever and let I say all that love God and the King and Justice and Truth say Amen But the Doctor will have us consider what the King hath done to exempt these scruples of feares and jealousies from the peoples minds Which in summe are the passing of Bils this Parliament and protestations for Religion Priviledges of Parliament Laws and Liberties For the first of these what are they worth in ill times and under ill Judges if once the Militia and the Navy be surrendred and this Parliament dissolved what did magna Charta the Petition of Right Articles of Religion serve to prevent all the illegalities and innovations upon Church and State before this Parliament or what did all the Laws and Priviledges of Scotland serve them for If suspected Councellours and followers be still about the King and favoured by him where shall be a security to take away these feares Also for the other What have Protestations prevailed to prevent former danger That unparallel'd danger to the House of COMMONS and the whole Kingdome by his comming into the House with such Followers waiting at the doors so weaponed so behaving themselvs and speaking then and since was it not the very day after his Message denying them the Guard they desired and protesting toward the close We do ingage unto you solemnly the word of a King that the security of all and every one of you from violence is and shall ever be as much Our care as the preservation of Vs and Our Children And how did all men judge that beleeved the Protestations set out at Yorke a while that no war was intended against the Parliament till some strength gotten as was noted before under the name of a Guard out of Yorke-shiere and more endeavoured by Agents in severall parts of the Kingdom and hoped for from beyond Sea altered the language and the face of things till it came to the present extremities Also whatever the Doctors Informations were at the time he was penning his clause of applauding the Kings excellent moderation amidst the pressures and extremities of warr shewing what respect he hath to the Property and Liberty of the Subject whosoever remembers what all but wilfully ignorant or altogether carelesse know of taking away armes from the Countries along to Chester and backe afterward the plundering of Banbury notwithstanding the Kings promise to the contrary and Abington Reading but most specially Brainford and Kingston