was under age caused the Father to be most cruelly put to death in prison yet the authority of the young K. must be made use of to make the resolution of the Parliament pass into an Act for without the King the Parliament can no more act than a Body without a Head But when the young King came to age he caused the Authors and Complices of his Fathers death to be executed and caused all the Acts of this Parliament to be broken by another And less than these to the purpose is which they alledg concerning the accord the Barons extorted from King John by which this unhappy and imprudent King being reduced to a straight promised to put himself into the power of twenty five of his Barons and submitted himself to divers other dishonorable Conditions and this accord was not made in Parliament but in the field by force of Arms there being no Parliament then sitting and therefore was of no force nor was ever kept These Articles of the Barons were much like those the two Houses sent the King to Beverly Oxford and New-Castle the Covenanters imitate these Barons in their affectation of Piety for they called their General the Marshal of the Lords Army and of his holy Church and these perswaded their Chiefs that they led the Battels of the Lord of Hoasts but these transferred not the Crown to another Prince as the Barons did but have taken away both his Crown and Life having long before declared by writing to their King that they dealt very favourably with him if they did not depose him and that if they did they should not exceed the Limits of Modesty nor of their Duty This Judgment was pronounced in the House of Commons without contradiction that The King might fall from his Office that the happiness of the Kingdom did not depend upon him nor the Royal Branches of his House and that he did not deserve to be King of England The Authors of these Opinions are declared in a Declaration of his Majesties In one point the Barons and Covenanters are very different for the Lords that remained with the Covenanters were without power all places of Honour and Trust being taken out of their hands by their Inferiours and at last their House abolished by the Commons so that in stead of producing this War of the Barons the Covenanters should rather have alledged the Seditions and Commotions of Watt Tyler and Jack Straw poor Artisans and followed with people of the same rank for these persons and the Cause of the Covenanters are far more alike Behold here with what authorities the Margins of their Books are stuffed Behold the Examples which the polititians of the times present to the Gentlemen of the Parliament for to teach them what they ought to do those infamous actions which were abhorred by the ages following them are become the supporters of ours and despair which makes men snatch up any sorts of weapons forceth our enemies to justifie their actions by the examples of Rebels and Paricides 't is not for nothing then that these Histories are so often alledged though nothing to the purpose and it 's not without cause that they print them apart for not being able to justifie their actions they have declared their intentions and made the King to see what he sholud trust to if he fell into their hands Certainly if there had not been a design laid to come to that both to prepare the people and intimidate the King those incendiaries who by these horrible examples and their Maximes of State grounded thereupon teaching the deposing of Kings should have been hanged long since with their Books about their necks For so many men which are studied in the Laws of the Kingdom and are at the helm of affairs cannot be ignorant of that which King James of happy and glorious memory marks in his Book of the Right of Kings that in the time of Edward the Third there was an Act of Parliament made which declared all them Traytors who imagined it's the word of the Law or conspired the death of the King â—on which Act the Judges grounding themselves have alwaies judged them for Traytors who dared but to speak of deposing the King because they believed that they could not take away the Crown from off the Kings Head without taking away his Life It was heretofore a crime worthy of death to speak yea to think evil against the King and moreover the Word of God which is to be obeyed forbids us to speak evil of the King no not in our thought but now it 's the exercise of devout Souls to write Meditations upon the deposing of their King CHAP. VII Declaring wherein the Legislative Powers of Parliament consists HAving no better Authorities in all the Examples of the Ages past they establish a New one which by the unlimited largeness supplies what it wants of length of time for when we require to be governed by the Laws they answer us that the Parliament is the Oracle of the Laws that it is for that great Court to declare what is Law and what is not to interpret the Laws to dispense with them or to make new ones That themselves are the Parliament excluding all others and that since they have declared that this War is according to Law and that such Maximes as they give us are fundamental Laws of the Kingdom we must remit our selves to them and receive for Law what they ordain But because strangers may read who have no knowledge of the Government of England for to examine this Imperious reason we are obliged to declare here what we know touching the present affairs We have learned to acknowledg the Parliament 〈◊〉 England for the Supream Court of the Kingdom that can make and unmake Laws and from whose Judgment there is no appeal But of this Court the King is the principal part and it 's he that renders it soveraign the two Houses in all their Legislative Acts acknowledg him their true and sole Soveraign the House of Lords only can evert the Judgment of the Courts of Justice but not their own without the consent of the King and the House of Commons the House of Commons is not a Judicial Court having not power to administer an Oath inflict a Fine or imprison any but those of theâ—r own House and these two neither apart nor together cannot make a Law but when they would enact any thing they both together present a Writing to the King in form of a request if the King approves of them the Lord Keeper of the Great Seal answers for the King in these French words Le Roy le veult and then it is made an Act but if the King refuseth it he returns answer Le Roy S'avisera and the business passeth no further Before the consent of the King the proposition of the two Houses contained in the Writing is like unto that which the Romans called Rogatio but when the King grants it
they may then give it the name of Lex and in effect it is but a request before the pleasure of the King makes it pass into a Law and was never other before this present Parliament Therefore the English Lawyers call the King the life of the Law for though the King in Parliament cannot make any Law without the concurrence of the two Houses yet nevertheless it 's his Authority only that gives it the strength and Name of a Law and they are so far from having any Legal Authority in their Commands without the consent of the King that the customary right gives them not so much as a Name neither takes any Cognisance of them To say then that the Parliament hath declared this War lawful and that the Orders of Parliament are Laws is by an ambiguous term to abuse the ignorance of the people for by the Parliament they understand somtimes one House somtimes both and somtimes the King and both Houses together it 's thus that men understand them when they speak of the Supream Court of Parliament and of Acts of Parliament for the King was ever accounted the first of the three Estate without whom the two other had not power to conclude any thing lawfully for all their Authority is derived from him not only for a time but by a continual Influence which being interrupted the power of necessity ceaseâ—h These three togeâ—her have power to interpret the Laws to revoke them and to make others therein properly lies the Oracle of the Laws A Judicious Writer of the Royal party calls the union of the three Estates the Sacred Tripos from whence the Oracles of the Law are pronounced When any one of these three are separate from other the other two stagger and are lame nor cannot serve for a firm foundation for the safety of the State and satisfaction of the Subjects Conscience But let us assume the business higher you cannot more vex our Enemies than to tell them this Truth that the Monarchy which is at this day began by Conquest this is that which by no means they will endure to hear of but would perswade men that it began by an Election and Covenant which indeed had never any being but in their own Fancies If they would be believed for this they should then produce some Records For the bold conjecturers are less credible than all the Histories which assures us of three Conquests in this Kingdom since the Romans and Picts Namely that of the Saxons Danes and Normans Moreover those that would abolish this Office and Dignity destroy that of their own Laws for all the Lands of the Kingdom are held of the King by right of the Sword as appears by the nature of Homages and Services that the Lords of Fiefes owe to the King when William the Conqueror took possession of the Kingdome strengthening the Right of his Conquest by the last Will and Testament of Edward the Confessor he declared himself Master of all the Land and disposed of it according to his pleasure His Son Henry the first eased the People somwhat of the severe and unlimited Government of his Father and confirmed to the English their ancient priviledges which since after long and bloudy wars were anew confirmed and the Quarrel determined by that wise King Edward the first who having as much valour as wisdom in condescending to the Rights of his Subjects knew well how thereby to preserve his own for after all the Soveraignty of Kings remained inviolable and those prerogaâ—ives were preserved which were only proper to him who is not subject but to God alone Such also is the Court of Wards by which a great many Orphans of the Kingdom are in Wardship to the King and almost all the Lands appertaining to him until they be of Age. In this thing the Kings of England exceed all other Christian Princes This being such an essential mark of absolute Soveraignty that there cannot be a greater Certainly if this Monarchy had begun either by Election or Covenant the Subjects would never have given the King so vast a power over their Estates and Families Amongst the priviledges of the English these three are the principal That the King cannot make a Law without the consent of his Estates That no Law made in Parliament can be revoked but in Parliament and that the King can levy no moneys of his Subjects beâ—â—des his ordinary Revenues without the concurrence of the Two Houses in the intervals of Parliaments the King according to his Supream Power may make Edicts seem burdensom to the Subjects or to impair their Laws and Priviledges they humbly present them in the next Parliament the K. when the complaint appears just unâ—o him easeth them for to make their requests pass for Acts without the pleasure of the K. they cannot neither can the K. make new Acts in Parl. without their consent In the mean while the King makes not them partakers of his Authority but assembling them in Parliament he renders them capable to limit his Authority in Cases that appertain to their cognisance for there are many cases wherein they are not to meddle at all in the point of the Militia and for fear they should forget that even this power they have to limit the King comes from the Authority of the King and he can take it away from them when he pleaseth for when he breaks up the Parliament he retires to himself the Authority that he gave them to limit his and moreover if they stretch their priviledges beyond the pleasure of the King he hath power to dissolve the Parliament and after the word of the King is passed which dischargeth them and sends them away they have not power to sit or consult a minute Whence Bodinus well versed in the nature of the States of Christendome concludes the King of England to have Soveraign Authority The Estates of England saith he cannot be assembled nor dissolved but by the Edict of the Prince no more then in France and Spain which proves sufficiently that the Assemblies have no power of themselves to command or forbid a thing and he laughs at the ignorance of Bellaga who affirm the States of Arragon to be above their King and yet nevertheless confesseth the States cannot assemble nor separate without him Illud Novum planè absurdum That saith he is New and altogether a most absurd Doctrine And therefore it was that which occasioned them who had a design to overthrow Church and State to labour to draw a promise from his Majesty that the late long Parliament should not be dissolved without the consent of both Houses well knowing that without that granted the King when he pleased might have overturned their designs which they having obtained shewed by their Actions that they thought themselves then priviledged to do what they would without his Authority and thus it is with us at this day Yet so it is that they themselves do confess that this grant did
Empire and for such hath been known in the world governed by one Soveraign Head having the dignity and Royal greatness of the Emperial Crown to which there is a Body Politick joyned composed of all sorts and degrees of people as well Spiritual as Temporal who are bound next to God to render unto him Natural Obedience If the Body Politick be naturally subjected to him as to its Head it 's contrary to Nature that it should be subjected to the Body Politick and his maxime Râ—x est universis minor is condemned as false by the Parliament they knew not in those daies what it was to make the Body of the State march with its head downward and feet upward but they were careful to maintain the Head in that eminent place where God had set it and hither also tend the words following That the chief Soveraign is instituted and furnished by the goodness and permission of Almighty God with full and entire Power Preheminence Authority Prerogative and Jurisdiction to execute Justice and put a final determination in all Cases to all sorts of his Subjects within this Kingdome and that many Laws and Ordinances had been made in preceding Parliaments for the full and sure conserving of the prerogative and preheminence of this Crown These good Subjects could not find words enough nor consult of means sufficient according to their mind to defend the Authority of their King esteeming and well they might that the happiness and liberty of the Subjects lay in the inviolable power of their Soveraign that the greatness of the State consisted in that of the Prince and that there is no other way to crown the Body but to place the Crown upon the Head This stile is very far from that of the nineteen Propositions presented to the King by the Two Houses in the beginning of the War which required that all matters of State should be treated of only in Parliament or if the King would treat of any Affairs in his Councel this Councel should be limited to a certain number and the old Councellors cashiered unless such whom it pleased the Two Houses to retain and that none hereafter should be admitted without their approbation that the King should have no power in the Education and Marriage of his children without their advice that all great Officers of the Crown and the principal Judges should alwayes be chosen by the approbation of the Two Houses or by a Councel authorized by them the same also in Governours of places and in the Creation of Peers which hath since been denied to the King in effect And as for the Militia they would have the King wholly put it into their hands that is to say he should take his Sword from his side and give it them which he could not do without giving them the Crown for the Crown and the Royal Sword are both of one piece so also for the point of Religion these propositions take from him all Authority and liberty of judgement yea even the liberty of Conscience for they require that his Majesty consent to such a Reformation as the Two Houses should conclude upon without telling him what this Reformation is Let all the world here judge if these men speak like Subjects they had reason to present these Articles with their swords in their hands but the King had more reason to draw his to return them an answer All these propositions are founded upon one only proposition which passeth amongst them for a Fundamental Law That the King is bound to grant to the People all their Demands but this is a Fundamental in the Ayr and made void by the practise of all Ages since Eng. was a Monarchy and by that Authentical Judgement of the States assembled under Henry the Fift That it belongs to the Supremacy of the King to grant or refuse according to his pleasure the Demands that are made to him in Parliament And in stead of the House of Commons being as it is now the Soveraign Court a thing never heard of until this present Age The House supplicated Henry the Fourth not to employ himself in any Judgement in Parliament but in such cases as in effect appertained to him because it belonged to the King alone to judge except in cases specified by the Statutes The same House under Edward the Third acknowledged that it did not belong to them to take Cognisance of such matters as the keeping of the Seas or the Marshes of the Kingdome yea even during the sitting of Parliaments the Kings have alwayes disposed of the Militia and Admiralty of the Forts and Garrisons the Two Houses never interposing or pretending any right thereunto they declared ingeniously to Edw. the First that to him belonged to make express Command against all Force of Arms and to that end they were bound to assist him as their Soveraign Lord. They declared also to King Henry the Seventh that every Subject by the duty of his subjection was bound to serve and assist his Prince and Soveraign Lord upon all occasions by which they signified that it was not for them to meddle with the Militia but that their duty as Subjects bound them to be aiding and assisting to him The Learned in the Laws tell us that to raise Troops of Horse or Foot without Commission of the King or to lend Aid is esteemed and called by the Law of England to levy war against the King our Soveraign Lord his Crown and Dignity In this point all that is done without him is done against him and this is conformable to the general Right of all Nations As for the Royal Estate saith Bodin I believe there is no person that doubts that all the Power both of making Peace and War belongs to the King since none dare in the least manner do any thing in this matter without the Command of the King unless he will forfeit and endanger his Head If the Two Houses were priviledged to the contrary by any Statute we should have heard them speak it but for what they have done we see no other Authority then their practice Therefore none ought to wonder if this their new practice hath less Authority with persons of a sound judgement then these practises of all ages past and if we cannot perswade our selves that without the Authority of the King they cannot abolish those of Parliaments Authorized by the King let them not then make such a loud noise with the Authority of Parliament 'T is in obedience to that Supreme Court of Parliament that we so earnestly strive to preserve the Princes Rights those Acts of Parliament are in full force which have provided with great care to defend the Royal Prerogatives judging aright that the Soveraignty is the Pillar of the publick safety and that it cannot be divided without being weakned and without shaking the State that rests upon it But we leave the reasons of the form of this Estate to them who formed it contenting our selves
suit or cause might come unto me and I would do him justice 2 Sam. 15.4 In publick grievances good Subjects are wont to cast the blame upon the Ministers of State and rest satisfied in seeing some of them punished accounting it their principal interest to preserve the honour of their Soveraign and good Princes when they are informed that the Ministers of State have abused their Authority to the damage of their Subjects which is theirs are wont to examine them and judge them according to the Laws And in this the King did as much as possible they could require of him having submitted the persons of those whom the Covenanters complained against to be judged and tried by lawful and ordinary waies But whilst they tread under foot the Royal Authority the Power of Parliament and the Majesty of the Laws and that they were in open war against him what reason had he to submit his Servants and Ministers to the judgment of his enemies Being certain that whilst the War continued they would aim most at them who served him best Then when the Parliament was whole and entire there passed a Vote worthy the gravity of that great Court That the King could do no wrong and that his Officers and not he were guilty of the evil which was done in the publick Government But since those who loved the King departed and withdrew themselves to him those which remained at Westminster followed a way quite contrary for they cast upon the King all the faults of his Servants and made use of them against him whom they ought should have punished for having ill served him Then when they took in hand to examine the Ministers of State in stead of punishing them which were guilty they received them into favour yea after their â—aults proved against them and turned all the discontent of the people upon the King What a great noise was there in the House of Commons against the forgers of Monopolies One would have thought that hardly any should have escaped with their lives but there happened altogether the contrary For because the Monopolists and other accused persons made a considerable number in Parliament they made use of their faults to make a strong faction against the King terrifying and making them understand there was no way left to preserve them from utter ruine but to joyn with the new party which was forming and hereupon they were promised impunity for what evils they had done on condition they should do greater Some of these were sent to the King to Newmarket in the behalf of their companions to whom his Majesty said these words capable to convert them or to make their Indiâ—emenâ— at the day of Judgment Gentlemen lay your hands upon your Consciences Who are they which invented those Taxes by which you have so provoked my people against me For whose advantage and profit were those Imposts â—â—â—ied Were my Revenues encreased by them It was you that induced and moved me 〈◊〉 them for your own particular profit and now you return me a worthy recompence Other Parliament men guilty of many crimes were kept in the Parliament in hope of impuâ—ity the holy Covenant 〈◊〉 a Garment which covered a multitude of sins even to the violating of a great Lady and abusing her by own of their Members almost in the sight of the Parliament Behold these the Reformers of Church and State Others which were not of the Parliament but under censure for having been Councellours or Instruments in the Imposts and Taxes of the people were released by them and employed for the same business as persons who well understood the Trade who pillaged then with a good Conscience for the advancement of the Kingdom of Jesus Christ Those whose infamous life was the shame of the Royal Court were the honour of the Court at Westminster and the Pillars of the Covenant Likewise the Judges accused of corruption and the Ministers of a scandalous life in taking the Covenant obtained a plenary indulgence of all their sins for after that there was no more to say to them for those who washed themselves in this water returned as white as if they had been washed with Ink or with the second Baptism the Anabaptists use at this day But now let us look upon the Armies Our enemies cry aloud that the King made use of those of the Church of Rome to serve him in his Wars Upon which an excellent Writer makes this gentle Question to them How many were in their Armies or how many they would have had For if the common report do not much wrong them they employed divers persons of that Religion there were persons of Honour and Quality who assured us that they Prisoners of the same Religion served the Covenanters We refer our selves to their own Consciences if they gave not a Commission to my Lord Aston to levy Forces The Relation in notable the King being at York this gallant man accounted the most experienced and best Commander of War of his time came to present his Service to his Majesty the King gave him thanks and withal told him he was resolved to employ none of his Religion in his Army Well saith he I will go then to those who will employ me and indeed went presently to Westminster where he was received with open Arms and a Commission given him written and signed which he carried to the King Ye cannot wonder then that the King made use of him and others of his Religion whom before he was resolv'd not to employ although he had to take away all shadow of occasion from his enemies who sought somthing whereat to quarrel with him made a Proclamation that none professing the Religion of the Church of Rome should come neer his Court. After this the Covenanters used all their power to make them draw to the Kings Party well considering their party being so small would bring more hatred than help to the King and for this effect they treated them with great inhumanity forcing them to forsake their Houses and Lands and run and hide themselves under the Kings Protection and this the King could not refuse them for as they owed him their Subjection the King owed them his Protection so long as they governed themselves according to the Laws and accomplished the Conditions whereby they were permitted by Act of Parliament to live in the Kingdom By this reason of Reciprocal duty the King protecting them as his Subjects they were bound to defend him as their King and ye shall not find in all the Statutes which concern them that they are exempted to serve the King in his Armies neither is it reasonable that they only should be free from the perils of war whilst thâ—ir fellow Subjects venture their lives and are shedding their bloud for the defence of their Country The Covenanters made it appear sufficiently to the world that they judged that Religion ought not to exclude any from bearing Arms in the publick danger for
Gospel was to subject themselves wholly to their Soveraigns and without any reservation but to suffer for righteousnesse sake rather than disobey God for hereby the principal hinderance was removed namely that shadow which the enemies of the Gospel made the Emperors to apprehend that this Doctrine which spread so fast would bring along with it an alteration in their Estates and that the Christians waâ—ted but the coming of a King that would break in pieces all other Kings and have for his possession the ends of the earth it 's that which Saint Peter had regard unto where he exhorteth Believers 1 Pet. 2 13 15. To submit themselves to every Ordinance of man for the Lords sake that in all well-doing ye may put to silence the Ignorance of foolish men By this manner of subjection whole States were converted and in the end patience overcame For the Christians of the first Ages have made appear by their piety and moderation that the Kingdom whither they aspired was not of this world neither did in any thing diminish the rights of Monarchs but rather strengthened their authority binding their Subjects anew by Conscience yea so far as to make whole Armies of valiant mâ—n that had power in their hands to lay down their necks rather than to draw their swords against their Emperor so did the Christian Souldiers under Maximinian who would have constrained them to sacrifice to his Idols The Armies of the English and Scottish Covenanters are not capable of this Doctrine these Northern people are impatient Libertines and haughty they will form a Gospel according to the Ayr of their â—â—â—mate Their other crafty Evasion is not much better that Saint Paul forbids to disobey the power of the King but not to his person but the Text is formally against this for the Apostle by Power doth not understand a Quality without a Subject but fastens it to the Person saying in vers 6. That the Prince is the Minister of God and that he bears not the sword in vain and that they are ordained of God to do Justice And he speaks vers 6. of Princes in the plural number they are Gods Ministers attending continually upon this very thing 'T is the style of Saint Paul to call the Angels who excel in power Principalities and Powers When he speaks Eph. 3.10 That the manifold wisdom of God might be known to Principalities and Powers in heavenly places It appears that he speaks not of Accidents but of Persons for they are the Persons and not the Titles that are capable of knowledge Now I would fain know of these men what this Person is that it is lawful to resist If it be the person of the King or supream Magistrate whilst it is joyned to his power they resist the power in the person and if it be the person separated from the power they must needs before resist either the one or the other for to mâ—ke this violent separation And seeing that the Covenanters maintain that the authority of the King resides in their Chief those that draw the sword against them may return the same answer and say that they resist not their authority but their Persons but the Oath of Allegiance and that of supremacy which are imposed by Act of Parliament cause all these subtilties to vanish for men take these Oaths to the person of the King and not to his power or to his supremacy separated from him Moreover this distinction is contradicted by another which hath been frequent a long time in their mouths that they resisted not the King but his Armies which signifies in effect that they resisted not the person or King but his power for his power laid in his Armies and as it is the nature of a lie to enter far these people who say they are licensed by Saint Paul to oppose the person of the King and not his power were marvellously impatient when they were told they fought against the King and affirmed that they fought for him and defended his person which doubtless seems to be spoken to move laughter and indignation but God cannot be mocked nor Conscience wholly blinded by their impatience hereupon they testifie that their Conscience makes their process and dictates to them within that to bear Arms against the King is to sin against God and Nature It 's a notable Symptome of a desperate sick State where the reason of a people is smitten with astonishment whereof we have a most lamentable example for was there ever such a capricious madness to accuse the Royal Majesty of Treason to make Edicts by the King against the King to swear a Covenant for defence of the King which nevertheless obligeth them to make war against him and the King being alive to forge a Platonick Idea of the same King residing fifty miles from himself that so they might fight against the Person of the King There is no Cymera nor fantastical humour like this Behold the work of the Spirit that now works efficaciously in the children of disobedience Behold another Evasion The Apostle say they doth not teach us who is the Superiour Power but that it is the Superiour Power that we must obey and therefore they strive to form in the Kingdom a Superiour Power above the King a thing contrary to the Constitution of this Monarchy as I hope to make appear It 's easie to gather which is the Superiour Power which Saint Paul understands for he expresses it himself It s the Power which bears the Sword ver 3. And he to whom Tribute is paid Psal 7. Rights that appertain to the King alone and which were actually possessed by the Emperor where Saint Paul wrote this Epistle That which they alledge against this that the Emperor then was more absolute than the Kings at present is false but he was much more limited Suetonius that lived under Trajan puts amongst the enormities of Caligula to have been very near changing the form of Government which was a Principality into a Kingdom and to place the Diadem upon his head And the Learned called not the power of these Emperors Regnum but Principatus and were this allegation true yet it would be far from the purpose for be it that the Emperor should be more or less absolute than our Kings the command of Saint Paul is alwaies the same That we must not resist him that bears the Sword and to whom Custome is due because his Authority is of God This other starting hole is of the same stuffe they say that the defence not to resist Supream Powers obligeth only Particulars and not the States of a Kingdom this is to make another Gospel for the General than for the Particulars as if they should say the Commandments of God are directed to every one but not to all which is to overthrow common Sense since the Oaths of Allegiance and Supremacy are imposed upon all the States of England whereby they are bound also in General none sit
it was declared by the House of Commons at Westminster That the Kings coming to their House was Treason as if the Majesty resided in the Commons but how ridiculous and false this is hath heretofore been shewed and yet they could in no other sense call the Houses at Westminster his Parliament since they had taken up Arms against his Majesty doubtless those of both Houses who adhered to the King at Oxford without comparison the more considerable in quality were rather his Parliament for these were for him and the other against him Moreover by this frequent expression they would frequently signifie that the King was the Aggresseur and he that first assaulted them a thing which they have much laboured to perswade the world although it be notoriously known that his enemies had seized upon his Forts Towns Magaziens Ships Revenues and Levied Souldiers before ever the King had so much as one single company of Horse or Foot When he first came to York he had not so much as his ordinary guards whereas his enemies had all the strength of the Kingdom they wanted only God on their side and this great power encouraged the seditious in all countries where he passed to entertain him with the same courtesie the Gergasites received Christ Jesus beseeching him to depart out of their quarters and the good King had then this conformity with his Saviour that he had not where to lay his head He was then in a condition to suffer but his enemies in a posture to oppose When he would in a peaceable manner without Arms enter into his Town of Hull he found the gates shut and the walls garnished with Souldiers presenting their Muskets against him upon this his Majesty levied fix companies of Foot and two Cornets of Horse for the Guard of his Person but set not up his Standard until four moneths after this prodigious act of hostility and rebellion having often before endeavoured to reduce his Subjects to their obedience by all reasonable and Christian offers witness a number of most excellent Declarations composed and written by himself wherein the world beheld the sincerity of his actions with the piety and candor of his spirit worthy so great a Prince The Covenanters considering that they could not perswade them who had any remembrance or common sense that the King began the War laboured to prove that although they began yet their Armies were but defensive affirming that a War undertaken upon a just fear was defensive yea although they struck the first blow and that they seized upon the Forts Magaziens and Revenues of the King because they feared he would make War upon them That is to say that they made War upon him least he should make War upon them A reason much like that of Count Gondomore Ambassador of Spain in England who by his cunning and subtilty had wrought so far as to have a gallant English Knight to be condemned and put to death being demanded what evil he had done that he so persecuted him Answered That it was not for any evil he had done but for that evil which he might do But the Court that did it had just reasons far from the Spanish interests but in these mens dealings with the King were he even a Subject the injustice is both without reason and without example For was there ever any Court of Justice which condemned a man to lose both his goods and his life not because he had done any evil but for fear he should That which would be most unjust against the meanest Subject can it possibly be thought and reputed a work of Piety and Justice against their lawful Soveraign But leaving these persons who from the beginning had this Diabolical design which since they have inhumanely executed we will believe of many of the Covenanters that the intent of their Army was not to punish the King for the pretended exorbitancies of his past Government although they laboured by all means to perpetuate the memory and to stifle those eminent and signal acts of grace by which the King had merited the love of his people beyond all his Predecessors We are willing also to believe that some amongst them condemn the Doctrine of Goodman turned since into sad practice That Judges ought to summon Princes before them for their offences and proceed against them as against other Criminals and Malefactors If it were not then for the punishing of what was passed it was for fear of the future they took up Arms which indeed is the only reason left them For after the King had promised to give content to his people in all their reasonable requests represented to him and they had taken the power out of his hands then when he would have accomplished his promises all the reason they give for so violent a proceeding is That they durst not trust the King Which verily is a most frivolous and injurious excuse Which is as if one had a Neighbour that dwelt by him more mighty then himself and whose displeasure he feared it should be permitted him to watch his opportunity to surprize his house seize upon his revenues and drive from his possessions to free and deliver him from fear But such an action as this from Subjects towards their Prince is beyond all comparison more unjust The Question between the King and his Subjects being not Whether they may with confidence leave the Sword in the Kings hand but whether God hath committed the Sword to the King to be born by him Now in this their dealings with the King they give him an evil example for by the same reason he may take from his subjects the propriety they have in their estates because he dares not trust them and finds by sad experience they use it for his destruction And he should have much more reason to do it since the Subjects hold their Lands of the King but the King holds not his power of the people Prudence ought not to seize upon Justice The care of a mans self cannot give him a right to the goods of another The duty of a Christian is not to fortifie himself against his fears but to obey the Commandments of God But if his fear and forecast carries him beyond his duty he should above all fear him that can cast both body and soul into hell Yea I say unto you fear him Luke 12.5 Taking then that which themselves accord that the Subjects took up Arms to secure themselves against their fears Had not the King as much reason to take up Arms after their example to provide against his If he had been their equal this reason had been sufficient enough how much more then being their Soveraign for the sword that they had drawn against him was his own those Forts Towns Ships Arms and Revenues which they imployed against him were his therefore he had a double reason to take up Arms one to defend himself and another to recover his own rights By all Laws Divine and
they committed an execrable Murther 1 Sam. 11.12 And every Penny they levied upon them they committed Rapine employing their Robberies to maintain Murther and Rebellion If the Names of these crimes offend their ears the crimes themselves should much more afflict their Consciences these terms proceed not from passion but flow from the necessary consequence of this Truth That the war of the Covenanters is destitute of all Authority lawful and divine Oh that every Christian who hath drawn his sword in this sinful cause would seriously consider how he should answer it before God and man and that he may have horrour and dread in him for the evil he hath deserved and yet much more for that which he hath committed CHAP. XXII Of the Depraved and Evil Faith of the Covenanters BUT we cannot so slightly let them pass with their fore-alledged excuse for the War that they durst not trust the King The cause is evident which is because they had taken from him all the ground of reason that might be that he should trust them nothing being more to be distrusted than a Depraved and Ill Faith The King permitted them to perpetuate the Parliament as long as they pleased he committed himself wholly over to their Faith Affection and Conscience if any thing obligeth a man to be faithful it is to repose an entire and free confidence in him and there is nothing more odious and unworthy the name of man than to employ that assurance and confidence they have freely committed to us to deceive and ruine them They themselves after this signal favour without example often declared to the world that if they should abuse so great a trust to the dammage and detriment of his Majesty they should be unworthy to live upon the earth but this was before the Loyal Subjects had separated themselves from their company They are then condemned by their own confession for that most signal Act of Trust such as never King gave to his Subjects they returned him the most infamous and perfidious Acts and base ingratitude that ever Subjects rendred to their King He that said Fidelem si putaveris facies the means to make men faithful was to think them so was never known to these men In Conscience can ye believe that when the King committed to them this great power that he understood it thus That when he should refuse to do any thing they requested him he gave them liberty to force him to do it or to do it without him to take from him his Children to seize upon his Revenues to turn his Armies Navies and Forts against him to make a broad Seal and to break his to dispose of all the Offices of the Crown to levy Forreign Souldiers and bring them into his Kingdom to deprive his Subjects of their Goods and possessions to drive the Ministers of the Gospel from their flocks to rob the Church of her Revenues to overthrow the ancient Laws of the Land and to make a Religion all new After all this can any man wonder if they durst not trust the King For where is the Criminal or Malefactor that dares commit himself to or trust the Judge and where is the Cozener and Deceiver who being discovered dares trust him whom he hath cozened and deceived If by these vile actions they have violated the trust the King reposed in them and if by the Act for the continuance of the Parliament the King gave them a power to deal thus with him we refer our selves to the better part of the Parliament who withdrew themselves to the King abhorring such a prodigious violation of the publick faith and of the duty of Subjects and Christians unfaithfulness they committed the like to the people who deputed and committed to them the publick safety For doubtless in their choice it never enter'd into the Spirits of them who sent them to invest them with an absolute power over their goods and persons much less over their King for they could not give that which they had not nevertheless they have executed this power casting their fellow-Citizens out of their houses and possessions and gather'd together great treasure out of the rents of the King and his Subjects manifesting themselves very liberal of the goods of others But they defend these actions by a new Maxime of State invented upon this occasion Some of the principal Citizens of London being oppressed by their great and often Taxes came to the House and represented to them that it was their duties to maintain the Subjects in the propriety of their goods and beseeched them not to fall themselves into that inconvenience which they were bound to remedy The Gentlemen of the House of Commons answered them that in truth the Subjects might plead the propriety of their goods against the King but not against the Parliament to whom it appertained to dispose of all the goods of the Kingdom but to perswade the people to believe this is a very hard task who rather judged that the Parliament whom they had chosen had violated the publick faith and the trust committed to them and had taken that into their disposing which was never committed them Let these Gentlemen never hereafter speak so loud of their publick faith since they have lost it nor ever attempt to borrow more money upon so sorry a caution There were none in either Houses who had not often taken the Oaths of Allegiance and Supremacy by which they acknowledge the King their Soveraign depending of none and had sworn to him loyalty and obedience They moreover took the protestation made in the beginning of the Parliament and imposed upon the whole Kingdome wherein also they swear the same thing The Oath of the Covenant which was taken after renew'd the same promise and there they swore to defend the Person and Authority of the King and cause the world to behold their fidelity and that they would not in the least thing diminish his just power and greatnesse Consider here good Reader Oaths enough to binde them to perform and keep their promise But this multitude of oaths is a kind of proof of their ill faith for they that swear often manifest thereby that they think themselves unworthy to be believed and distrust that every one mistrusts them It had been better for them to have been faithful to their King without swearing for as in the Grammar Latine two Negatives make an Affirmative these on the contrary in stead thereof would seem to make two Affirmatives to make one Negative and that many oaths to be faithful to their Soveraign bound them to do the contrary for in effect these last oaths were solely imployed to ruine the antient Oath of Allegiance for if their intentions had been simply to be faithful to their Soveraign they needed have taken no other oath then the first Therefore after these two new oaths came the third which they called the Negative Oath in which they caused men to swear That they should neither
is very true that ordinarily Lying arms its weaknesse with thorns like Lizards who save themselves by running into Bushes Above all in a point where the Question of Right is founded upon that of Fact as this Question now whether it be lawful for the English to take up Arms against their Prince here to go about to satisfie Reason and Conscience with political and metaphisical Contemplations is not to purpose they should besides Divine Authority which should ever march before enquire whether the Laws and Constitutions of the Country authorize this War The Question being not to dispute which is the best Form of Government but to preserve the Form to which God hath subjected us and to observe the Laws of the Kingdom and after many Moral and Political Discourses for our Adversaries pay us with no other those that have any Honesty or Understanding come always to this that they would shew us by what Law of England it is permitted the Subjects to take up Arms without the Kings permission and against him When did the people ever make this Election Where is it that they have reserved the liberty to resume the Supreme Authority when they shall please Is there any Statute made during the Ages that this Monarchy hath continued that prefers or equals the two Houses to the King or doth authorize them to ratifie any thing without him Where is the Articles of that Capitulation which in some certain cases dissolves the Subjects Oath of Allegiance Is there any Case in the Law in which it should be lawful for Subjects to take from their King or Supreme Magistrate his Forts Navies and Magazines and to take into their hands the sole Administration of Justice and the Militia to confer the great Offices of the Crown to receive Ambassadors to treat with Forreign Nations and to dispose of the Goods and Lives of the Kings Subjects To these so important Questions for the duty and happiness of all the members of an Estate and the eternal salvation of their Souls and Bodies to answer with Platonick considerations and in stead of producing the Laws of the Kingdom to Philosophy upon the Law of Nature and form an appeal from Authentical and known Laws to a Word not written made at pleasure This is to mock God and men this is to insult upon the Brutality of the people and to take a wicked advantage from the wine of Astonishment or Senselessness which God in his just wrath hath poured forth upon this miserable Nation for if they did beleeve there remained any common sense in this blind and mad people durst they so boldly return so ridiculous an Answer to those that demand where are those Fundamental Laws written that now make all other Laws bow to them namely that the Fundamental Laws are not written and that if they were they should be superstructive and not fundamental after this account the command to love God with all our heart and our Neighbour as our self is not fundamental because it is written it were to profane Reason to imploy it to refute a reasoning so unreasonable it must needs be that these people know they have to do with Persons of great credulity since they dare give them for a Fundamental Law a Fantasie which they never heard before spoken of and whereof no Writings nor Histories make mention and this is to fight against their King overthrow the State lose their goods hazard their Lives and Consciences But what should I say There is no reason but is perswasive when the Conclusions are taken and there is strength to maintain them Christendome which have now their eyes upon our Broils will take notice of the open confession of the Troubles of this State That for the War against the King and for the form of Government which they establish in the kingdome a Superiour power that abolisheth the Royal they have no Fundamental Law written Is not this then marvellously to abuse the Justice of God and the patience of reasonable creatures made after his Image and indued with knowledge to constrain them to prostitute their Consciences and Lives in a Quarrel for which they openly confess there is not any Law written and for which there is not the least footing of Approbation in all that hath been established or left authentically written since England hath been a Nation We have let you see before how they decline the Defences of Scripture against the resistance of Soveraigns behold now they confess there is no fundamental Law written for to justifie their Arms and the superiority of the people above the King which they would introduce with the sword and thus they acknowledge they have no authority neither divine nor humane for what they do as Cardinal Perron having maintained the power of the Pope over the Temporal of Kings before the Estates of France in conclusion affirmed that it was an Article which was not decided neither by the Scriptures nor the Ancient Church so that the Pope and our Mutineers agree together to usurp an authority upon Kings without any ground or warrant in the Word of God and contradicted by all humane Constitutions that is to say that hoth God and man are contrary unto them CHAP. VI. What Examples in the Histories of England the Covenanters make use of to authorize their Actions BUt do we not much wrong them to say that there is nothing makes for them in all the ancient Writings and Histories of this Kingdom Do they not alledg the two Parliaments that deposed Edward the second and Richard the second yea truly and to their great shame as the wisest of their party do acknowledg affirming that those Acts of Parliament against Richard the second were not properly the Acts of the two Houses but of Henry the fourth and his victorious Army in which they say true for the Duke of Lancaster who after caused himself to be called Henry the fourth having prevailed with the people to rise against their lawful King assembled a Parliament which he made to do whatsoever he would and having deposed and imprisoned this poor King soon after caused him to be put to death though this action were as just as it is execrable yet it would make nothing to the purpose where the Question is of that which the two Houses may do separate from the King for the deposing of King Richard was by another King sitting in Parliament for until these last States the two Houses never thought that they were able to conclude any thing without the Royal Consent and since the Parliaments held under the House of York declared Henry the fourth Usurper of the Crown and therefore condemned the Parliament which had confirmed his usurpation The other example is no better than this the deposing of Edward the second by the Conspiracy of his Wife and the Favourites of this Queen who served themselves of a Parliament to execute this wickedness and having deposed the King and crowned his Son who