his Majesty give his Royal Assent to all such Laws that both Houses shal present unto him Put the case then that the Lords and Commons in England present an Act for the free exercise of the Protestant Religion in this Kingdom and the Lords and Commons in Ireland present an Act to his Majesty for the establishing of Popery in that Kingdom what should his Majesty do in such a case Must not his Maiesty see by his own eys and make use of his own Iudgment and discretion what is fittest to be done therein Are not the sinews of the Leviathan perplexed as Iob speaks is not this a ground to scruple the verity of that doctrine that his Maiesty ought by his oath to ratifie such Laws as shal by both Houses be agreed upon I have known many Clyents reconciled after tedious suites and long endeavoring the ruine of one another but it hath been upon this ground that they have verily beleeved that nothing was done by either of them maliciously but in order to the obtaining of their several rights and that by Gods blessing hath been an expedient not only to tye their hands but to unite their hearts that it may be so between the King and Parliament is my dayly prayer til it be so this Kingdom wil not be setled in peace and tranquillity The very truth is that by the Letter of Scripture and some Law cases the King had a Colour to do what he did as Gods Ordinance having an undoubted right to the Crown by descent as his proper inheritance which no other Court in the Kingdom could have the least shadow of reason to do if they should break trust with the people I have but one stair more to mount before I come to the Army and that is how far the Kingdom is to be obedient to the King and Parliament in all cases And herein I desire to be carefully observed because the Kingdom cannot be convened in it's diffusive body therefore it is formed into an artificial body in the high Court of Parliament which without all question is the Supream Court from which there is no appeal to any other concerning positive Laws for the deciding and determining of the arduous and most difficult affairs of the Kingdom both for titles of land when they please and all the great turnings and windings of state it being most proper to determine the greatest matters in the highest Court in which cases though the judgment of Parliament be not unerrable because the members not impeccable yet it is Inevitable for the Publique judgment of state resides there and it is the wil of God that for the preventing of wars and bloodshed that there should in every nation be some supream Court to whose determinations every private man is to submit as it is in Deut. Deut. 17.11 possibly many of the Iews might conceive that the juâ—gment of the Iudgâ—s Levites was not always right yet it must stand to prevent a greater evil I am not of opinion with learned M Jenkins that acts of Parliament which carry a seemâ—ng repugnancy are voyd or that the Judges have power to controle acts of Parliament and construe them to be void for this is to erect a higher tribunal the Judges are obliged to expound the Statute according to the intent of the makers otherwise they that are at the Oars should row against them that sit at the stern The intent of the Legislators is the Empress and Qeen Regent which the Judges are strictly to observe and theâ—efore that objection of a repugnancy in the countenance of this Paâ—liament for how can therâ— be a Parliament every 3 year if this continue 7 years is but a flourish for in all acts grants and wils such an Exposition is to be made that every word may have its weight and be of force the meaning is plaâ—n that after this Parliament theâ—e shal be a Triennial Parliament some incongruity no more then when a man makes a Lease for 7 years after from year to year and no acâ— shal be construed to be voyd when by any reasonable intendments it may be made good the Judges being Assistants in the upper House cannot but know the meaning of the statute if it should be penned obscurely and by the same reason they ought as wel to take notice of every private act as those which are general and not to hazard the right of the Subiect upon a nicity of Pleading which is so fatal to many mens rights but it behoves Mr. Jenkins to hold that Iudges may expound acts of Parliament to be void when himself being a Iudg in Wales nullified Ordinances of Parliament made for the liberty of the Subiect which he ought to look upon as an Ordinance of God not to be disputed but obeyed but this is the fruit of his studying Law upon the Sabbath days whereof he was wont so much to glory that he gained one year in 7 in his study but all the hurt I wish him is that he would now study the Law of God which is the only touchstone of all humane Actions and the Archetype of all Governments and what is against it is pure innovation But this I agree that a statute against the law of God or nature is void for man having no hand in making the laws of God or nature they may not intermeddle in the Changing or repealing of them but any positive law made by man may be altered by the same Authority and therefore the meaning of that in Dan. like the Laws of the Medes and Persians which are unchangeable is to be intended either that those Laws were only a ratification of the Law of God or nature aâ— the Counsel of Trent that gave Authority to the holy Scripture or else that they might not be altered by the Emperor without the peoples consent In the next place I conceive that no fundamental law of this Kingdom can be altered by the King and Parliament but my meaning is that nothing is fundamental but what is for the safety and happyness of the people that which was no Law before it was written that may be altered but the happiness of the people was a Law before all written Laws Magna Charta was Law before it was written and collected but for easier Conservation being for the peoples happyness and that statute in 42. E. 3. that every Law made against Magna Charta shal be void is no more then the voice of Reason for the Foundation cannot be removed so long as the building stands It troubles me to hear when I am saying that Lawyers ought not to make the trouble and disquiet of poor men the Basis of their Grandor And that it were happy for the Kingdom if the Parliament would device some expedient for summary justice what saies one wil you destroy all and change the fundamental Constitutions of the Kingdom As if the ease and welfare of the people should be their destruction I look upon it
good for the whole he must conclude to be good for him 't is true those that will not execute justice deserve to be executed themselves but consider whether sufferance or resistance conduce most to the common good There are some Scriptures which seem I confesse to be contradictory We reade in the Book of Ioshua and Iudges how a suspition of Idolatry causes Israel to assemble to warres against Reuben and Manaâ—seth and against Benjamin for the Levites Concubâ—nes all rising as one man saying Deliver us the children of Beliall and Jonah was cast out of the ship that would have been the wrack of them all David took up armes against Saul in his own Kingdome his King his Master as in his house and of his Table and Family fled to Sauls Enemy to Akish and offered to second him against Saul fortifyed Ketlah one of his Towns against him and if Saul had stopt the Cave to have pined him doubtlesse he wouâ—d have used means to get out and yet God was his Counsellor by discovering the Princes of Keilah their intentions and the people cryed all with one voyce Jonathan shall not die for the good he hath done to our Countrey and the Scripture speaks plainly that tribute is to be paid so farre as the subjects may pay tribute to God for this cause pay we tribute I give such reverence to the holy Scriptures that when I finde a president for which I doe not understand the reason I conceive there was a reason for it in those times which is now absolete things were done by speciall inspi ation which are not exemplary to us nor may we judge where the Scripture is silent whether it was well or ill done but I am clearly of opinion that in a Kingdome well composed if one man or 100 men should suffer in the Kingdome that the subjects ought not to take up armes suddenly to right themselves but expect with patience till the Authors and procurors of injustice be brought to condign punishment for when an evill in State Policy cannot be removed without the manifest danger of a greater to succeed wisedome must give place to necessity which all Kingdomes must make use of ordinarily and people must studdy when the best manner of Government is not possible without great danger to be obtained to make the best of the preâ—ent when the best things are not possible to make the best o those that are as we say to make the best of an ill game and not to throw it up and say they will play no more 't is not the part of a faire Gamster so to doe when all things are quiet in a Kingdome then consider how that which must be endured may be mitigated and the inconveniences countervailed but if the State collective in the whole body of it or the State contract in a Parliament or Senate shall upon good grounds conceive that the point of that sword which they put into the hands of their Governours to protect them is by evill advise turned against themselves in this case clearly the sword must be wrested out of the Trustees hands if the Master and the Mate be drunk all the Passengers must save themselves if the Dogs will not bark the Geese will cry when the Gaules are scaling the Capitoll for no inconvenience can be greater and this was the Parliaments case for raising Forces they wisely considered before they Voted any Army that in that condition the Kingdome stood the remedy could not possibly be worse then the disease for the disease was the utter subversion of Lawes and Liberties and the destruction of the Protestant Religion at least in the power of it for truly to speak my thoughts freely I doe not think that the difference between the late Oxford Party and the Parliament was whether we should be Protestants or Papists but whether we should be formall Protestants at large or Professors in the power of Religion and God grant that this may no longer be the Controversy in this Nation But because tediousnesse and delay has ever been an enemy to this Kingdome I shall say no more in a subject that has been so much controverted concerning the late unhappy differences but shall apply my selfe to the present juncture and first concerning the Army 1 Pet. 3.15 BLessed Peter bids Christians to be ready to make an Apology for their faith but truly there needs no Apology for the Army unlesse it be for their too much patience in suffering the Kingdome and themselves to be so long abused bysome Incendaries of State who care not to set all on fire to warm themselves For had they come to the Houses the next day after they were declared Enemies and demanded Iustice against the cheife Promoters and Contrivers thereof it had been most just by the Lawes of God and man and I am confident that there was never any former Army in the world but would have done it That such Gallant men which have kept some of the cheife Contrivers heads upon their shoulders for an humble Petition presented to their Noble Generall which all Souldiers by the Law of Armes may doe should be voted enemies and disturbers for that which since hath been acknowledged to be but just was the most monstrous ingratitude that ever was heard of under the Sun since the first moment of its Creation and sure they durst not so justly have provoked them but that they knew they were acted by more noble principalls that though they had the sword in their hand yet they durst not offend God Religion being to them the strongest bridle But whom God will destroy for their great Provocations he first dementates they have rejected the Counsell of God and what wisedome is there in them Policy is a branch of wisedome and all wisedome is from God but this I must premise that that Declaration was not in judgement of Law any Act of the Honourable House for the most Honourable Houses being the Protectors of our Lawes the Preserveâ—s Surveyers and Defenders of all our lawfull Liberties and the Haven and Refuge of all that are oppressed it cannot possibly bee imagined that they in their great wisedomes should unlesse misinfoâ—med vote them enemies to the State and disturbers of the Peace thereof which with the adventure of their lives have saved the Kingdome and preserved the Peace thereof I say under favour we can no more imagine it then wee can the Sea to be poysoned but it was in Law a Declaration of their malevolent intentions who exceedingly mis-informed and seduced and did what in them lay to poyson the very fountain of Iustice who suddenly contrived it in an illegall way against expresse order at an unparliamentary hour and so a meer nullity rather a Nocturnall surprise then a solemn act of Consultation Livery and Seisin made in the night is void if a man be rob'd in the night there is no reliefe for him it being no time for travell no distresse can be taken for
and the best men are but men at the best subject to the faults of the irascible and concupiscible faculties 5. That to assume a Government without a title and to act beyond Commission to the destruction of those whom they should preserve is all one in reason and so King James that Phoenix of his age for solid learning agrees that there may be a Tyrant as wel by male-Administration as he that comes in by Conquest To speak of the several Conquests that have been made in this Kindom by the Romans Saxons Danes and Normans as also whether William the Conqueror came in upon his Remittor by ancient title I judg impertinent but this is clear as Chrystal that our Ancestors did voluntarily submit to Kingly politick Government that if the Conqueror were a Tyrant for want of title the subsequent consent of the people made him or his Successors lawful Kings being equivalent to an election as Leah by an after-consent became Jacobs lawful wife though he was mistaken in the marriage and an error in the person nullifies the Matrimony And the act of our Predecessors is as strong and binding to us as if it had been our own personal consent A Law being the act and deed of the body politick in Parliament voted by the whole Kingdom as the whole men sees hears instrumentally performed by the eyes and ears Pan. anglium Pan Aeâ—olium Pan-Sicilium The first Paâ—liament wherein by intendment every man woman and child is vertually present by representation or else a statute could not bind them and a Law binds not only their makers but their successors for Corporations never die as the River of Thames keeps thought name the new waters perpetually succeed And though it be not so clear when this consent was given yet we find that King H. the 1. Beaucleark youngest son to William the Conqueror in the 16. year of his Reign called a Parliament at Salisbury which I do not conceive so much to be derived from the French word signifying Freedom of debate as Parliamentum quasi pariam Lamentum the Complaint of the People when there is any difference between the King and his Subjects his Majesty gives them leave to choose out of themselves whom they please as Arbitrators or Vmpiers to determine the matter wherein the Subject thought himself secure that he might choose his own Judges and this was but equal because the King chose the Judges of the Law and though it doth not appear that this agreement between the King and people was reduced into writing because that easy coâ—servatory of printing was not then invented yet who knows but that it was written and since defaced or Imbeziled for my part I cannot imagine our Ancestors to be so â—rrational that they would ever agree that any man should raign over them as their lawful King by their ful consents but upon this condition that when they found themselves oppressed and burthened his Majesty should be obliged to call a Parliament and to agree to such Laws quas vulgus eligerit as the Parliament should present unto him for their happy Government and not to dissolve them till they had done the business they were intrusted to do for the good of the Kingdom for Parliaments never dye intentionally and why may not such an Agreement be lost As we know the Records of many Statutes are not to be found yet it is written in the heart of every understanding man that so it was for how irrational is it to imagine that the King was not bound to call Parliaments 36. E. 3. c. which by Statutes ought to be every year or oftner as need shal require and if the King might disolve them when he pleased what fickle things were Kings what vain things were Parliaments and though it have been strongly objeâ—â—ed that when things have been wel setled the King is to have the negative voice in making new Laws though not in expounding the old because a Kingdom may subsist without making new Laws but not without executing the present Laws I say that the objector is defective in stated Policy for the alteration or enacting of new Laws is as absolutely necessary as to execute those which are made a Kingdom may be as wel undone for want of the Kings negative voice as for not executing the Laws already establish't for the wisest Parliament cannot foresee what wil be best for the Common good the next year Such Exigencies of State may happen and I observe that what hath been objected by the Kings late party to the contrary hath been that the Law is otherwise but words are the least part of Reason that which Mr. Jenkins writes is most true according to the Authorities which he vouches but what Authority is it some of the Judges of the Common Law very good by whom were they made Judges By the King How came they by their places The Eccho is buy them for until the statute of 5. E. 6. All judicial places were generally bought and sold as Horses in Smith-feild for a cheif Iustices place it may be 10000. hath been given and how long to continue during the Kings pleasure was it safe for them to argue for the Liberty of the Subject against the Kings Prerogative the Temptation was very great to be for the Kings side in all Arguments besides Parliaments have been discontinued and short-lived for my own part I do not much value his judgment In a question of prerogative who holds his place at the Princes pleasure for to stand to my own judgment or the judgment of him whom I elect is much alike yet as there have been in all ages some that have stood for the Honor of Christ and resisted unto the death so there have been some that have argued for the Peoples Liberties Bracton saies Rex non habet parem in regno suo nisi Comites Fortesâ—ue Barones et communes in Parliamento et hanc potestatem a populo effluxam Rex habet Another that Rex est singulis major universis minor that the King hath no Peers in his Kingdom but the Lords and Commons in Parliament that the King is greater then any Subject but less then all his Subjects and that he derives all his power from the people Fits Herbert and Shelley that the King is servant to all his Subjects set over them for their good and this is the voice of right reason 't is impossible to imagine that ever any man should have the consent of the people to be their King upon other conditions without which no man hath right to wear the Diadem for when the first Agreement was concerning the power of Parliaments if the King should have said Gentlemen are you content to allow Me my Negative voyce that if you vote the Kingdom to be in danger unless such an Act pass if I refuse to assent shal nothing be done in that case Surely no rational man but would have answered May it please Your
Majesty we shal use all dutiful means to procure Your Royal Assent but if You still refuse we mst not sit still and see our selves ruined we must save the Kingdom without Your Consent though we hope not against it But then saith the Obiector where is the Kings power I answer nothing at all diminished his Maiesty hath more power then he can imagine for the preservation and happiness of the Kingdom which is the end of all Superiority but nothing for the destruction and desolation of the people we say God is omnipotent and yet he cannot sin nor do any iniustice shal we say that the Kings power is diminished because he may not hurt the people or that a man is less in health becaus he hath many Physitians to attend him nothing less for 't is impotence and weakness to do hurt and iniury but the King is impowred for the good of the people true but he may not say that is for the Kingdoms good which they say is for their hurt what I do for my own good I may undo Methinks this should satisfie every noble Prince let my Subjects in Parliament propound what Laws they please for their own security 't is a great ease to me if the Laws be not good they may thank themselves if they be good the honor is mine my consent being as the Master-builder that gives the form and life to the Architecture and if the Subiect suffers I cannot be blamed but if the contrary should be Law what miserable things were Subiects who wil trust his own father with his life And who can be merry if a King or Governor may divide his head from his body or him from his dearest relations by imprisonment or otherwise when he pleaseth but here lies the root of all our misery we take all for gold that glisters every thing to be reason that looks like it and every case to be Law which we find written in our Law books whereas Law is reason adiudged in a Court of Record where reason is the Genus the Court makes the difference from extraiuditial discours which may be rationally yet is not legally iust if it be not reason the pronunciation of 10000. Judges cannot make it Law no more then the Venetian Madonnas can by their huge high heels in reality add one Cubit to their stature as for example 't is a Max me in Law that the King can do no wrong therefore if he kill or ravish 't is neither Murder nor Felony I say 't is against reason therefore against Law for if the King may kill one man he may kill one hundred and what Courtier dare give any faithful advice when the King may without controul kill him or strangle him and so not be guilty of blood as the grand Turk that having promised to spare a mans blood caused him to be strangled and so shed no blood or something like the case of the Duke of Glocester by King H. 7. this was acknowledged by the Tyrant who having a mind to kill his brother his Chancellor told him he might not by Law commit Fratricide but saith he is there not a Law that I may do what I please and let but Mr Jenkins answer whether those Judges whose Authorities he vouches were not of opinion that whatsoever the King did it is in Law no offence and then all that he hath written or can write against the Parlâ—ament wil not bear the weight of a feather and I humbly intreat all indifferent men that read books more for satisfaction then a desire to contend for any party but to answer me this question Why should there be any more credit given to the opinion and authorities of the Judges specially such as payd dear for their places in matters of difference between the King and his Subjects in point of property then there was to the Bishops for matter of Divinity were they not both the Kings creatures alike Was it the way of preferment by standing for the liberty of the Subject to get great estates Have not the Iudges in many Countries been the raisers and first founders of great and noble Families And were those estates got by pleading for the liberty of the subject against the Prerogative We know who it was not long since that got a vast estate and thinking to ingratiate himself with his Prince said he was seldom or never of counsel in passing any Pattent but he reserved some starting hole to make it voyd in Law if need were which was as good as an act of Resumption This is the grand Error that subordinate officers are accountable only to the King and the King to God whereas all Judges and Magistrates are intrusted by the people if the people give power to the King to chose them 't is out of a confidence that his Majesty wil nominate such as shal most faithfully serve the peoples good and when Arbitrators are impowred to choose an Vmpire he may be truly said to be chosen by the parties litigant this ruines Justice when men in places of Authority more esteem him that gives them their Commission then the business that they are imployed about when their eyes are more intentively fix't upon the stars of their inclinations who preferred them then upon the publick good of the Kingdom for whose sake they were preferred for when a Magistrate is made great the principal intent and meaning of the Law is not his greatness and honor but to advance publick justice I but says one he is such a mans creature raised by him E vilissimo pulvere must not he requite his love and pleasure his Father No justice is blind and knows neither father nor mother the Judg looks not at the manner of the conveyance of his power how he comes by his Authority but at the matter of his Commission and the true end of Judicature the right understanding of one Scripture 1 Pet. 2.13 14. makes a good Judg the words are plain and being learned for learning is a special gift sanctified for matters of policy and government observes that Kings are a humane Ordinance as wel as Corporations and Societies and concludes that all those Scholastical discourses of Kings being Jure Divino are but tryals of Wit and by Supream he intends that the King is supream to administer the Law not to make Laws much less break them and Governors sent by him are for the punishment of evil doers and for the praise of them that do wel the want of this consideration ruined the Judges in point of ship-money the greatest part whereof were very very learned men Haec est crede mihi cunctorum causa malorum Scripturas Domini non didicisse sacras I know this Error in judgment undid the Lord Keepers Finch and Littleton men of brave spirits had they been for publick liberties Lord Chief Iustice Banks a man profoundly studied And Mr Jenkins being made a Iudg thinks himself bound in honor Junare in verba English men
heaven on their sides so far they will prevail against all the world of opposers and no further what will any rationall man be afraid of him that draws his sword in his defence Put the case that I. S. and his followers travelling through a dangerous Forrest meeting with I. D. and his servants should intreat I. D. to draw his sword for all their defences who does so and meeting with such as would rob them I. D. and his friends most manfully and valiantly make good every passage by killing many till they are past the most dangerous place then sayes I. S. now pray thee I. D. put up thy sword nay says he there may be more wolves yet â—uickly start out of the wood let 's stand upon our guard till we be past all danger and discoursing they differ by the way in matters of opinion and some of I. S. party tels him that he is not fit to live in a Common wealth let him change that opinion or he must be opposed pray sayes I. D. since our way lies together let us journey lovingly let us live and blesse God that hath preserved us all sayes one of I. D. friends better our lives had not been preserved then to be saved by such dangerous fellows as you are I intend this Treatise wholy for the Readers brain in point of explication little to his affection in point of application but let no man be so grosely erroneous as to say that the Army is Anti-magistraticall and Anti-parliamentary what ayme can a House of Commons have but the common good The Parliament being intent to the true ends and noble grounds of their raising Forces and the Army wholy minding the reasons of their ingaging and both sincerely really and constantly the Parliament as the supreame Councell of the Kingdom and their Army as the servants of Justice endeavouring a speedy accomplishing of the most honourable and glorious ends viz. the just rights of the King just priviledges of the Parliament and just liberties of the subjects common safety just liberty and equitable propriety to which the Armies proceedings have a naturall tendencie and proclivity as the stone to fall downwards 't is impossible any differenc should arise Counsell is the right hand of Policy and the sword is the left which may assist and promote without any face of opposition the truth is that there are some whose private interests are contrary to the publique interest of this Kingdom they are the troublers of the pure waters that the people should not drinke they trouble and disquiet the fountain and then the streams must needs run muddy they are men of the same spirits from whence the miseries of this Kingdom did at the first flow that is obstructers of the free course of Religion and Justice and consequently the obstructers of poore Irelands reliefe But who must be Judges of the matters in agitation Truly the Parliament in all matters judiciall we must have no Judge of Scripture but it selfe that point of Popery hath cost us deare we must not light a candle to see whether it be day who knowes not that every man ought to have his own without vexatious attendance and that it is injustice to make a man spend 10 lib. to recover 5 lib. who shall judge whether those that have saved the Kingdom ought to have the liberty of subjects who knows not but that Petitioning is a way of peace and submission and that for Christians to meet in private to serve God is no breach of the peace The Lord grant that this Parliament by the help of the Army may be the setlers and the restorers of this divided Kingdome the neck-breakers of all oppressions in soules bodies and estates the repairers and relievers of poor Ireland which was formerly called the Island of Saints Another Objection is that the Armies not disbanding obstructs the reliefe and indangers the losse of dying Ireland Ah poore Ireland my soule is much troubled for thee I knew thee not long since Englands younger sister but thou art now the land of Ire but he that runs out to quench the fire in his neighbours house when his own is almost burnt I shall rather admire his zeale then commend his discretion I confesse poore Ireland is on such a flame that nothing but Gods infinite blessing upon the wisdome and endeavour of this Parliament can be able to quench it but English liberties which have been bought at so deere a rate must first be setled and secured The Army declared their resolutions to have ingaged in that service in one entire body which was not thought convenient if then the Army were hindered by any plot or contrivement from going thither not they but the hinderers are culpable of Irelands continued miseries but as the Army hath ever been observant to all the just commands and orders of Parliament so I hope that if hereafter they shall ingage in that service they will be well satisfied in point of conscience what it is that they fight for It is possible that Antichrist with his left hand may fight against his right To fight against Popery further then it is destructive of State policie to introduce a uniformity in the Protestant Religion is in my opinion little better but if it be to bring those bloud-thirsty Rebels to condigne punishment and not to spare a man that hath had his hand in bloud so far it is of God and he will own it but for those expressions which some pulpits ring of of rooting out that Nation and dashing the little childrens bones against the stones I confesse it makes my heart to tremble to thinke of it but those that will not submit to a generall Government must be destroyed Object But we feare the Army will over-awe the Parliament and Counsels not free stand but for Cyphers and that Justice it self may not be forced but timely hastned Sol. 1. The Parliament hath answered this Objection in his Majesties Case The King sayes they refuse to treat unlesse wee deliver the Sword into his hands which is to yield the question when any differences arise all things must rest as they are untill all be determined and concluded 2 Inforcements are just when just things are inforced the sword is a servant of Justice and is never better employed That which the Hollanders alledge for themselves is universally true if a Magistrate will not do justice the Laws mayn intention for justice must not be lost and King Philip not doing them justice was the Authour of all the mischiefs that hapned Rebellion is not to obey a lawfull Magistrate in a lawfull Act not contrary to the Laws of God or Nature besides which all Laws are Arbitrary by the Supreame Court of every Kingdome If the Army shall entreat any unjust things as the Sun may be in an Eclipse Never were any just Rulers destroyed by force there was a rising against David and great stirs in Edward the sixth's and Queen Elisabeths time but quickly
welfare and imbrace it which if they wil not their destruction is of themselves they do ill but the Lord wil not have them cudgelled into obedience for this we find an example in Scripture of the 10. Tribes which revolted from Rehoboam their lawful King who had 180000. chosen warriours to fight against them 2 Chro. 11 but the Lord forbad and though that be called a rebellion in the last verse of the former Chapter the reason of that is because Rehoboam was King by Gods institution and immediate appointment and in such a case mâ—ght Rehoboam have said ye have not rejected me but the Lord but now all lawful power is originally in the people and all lawful Governors chosen by them A Conqueror hath Jus in re not ad rem for a Conquest is but a great â—obbery good Kings raign by Gods approbation Tyrants by his permission til the people can free themselves Kingdoms at first were Elective till good Kings prevailed to have their children succeed them and certainly hereditary Kingdoms are best to prevent Factions and therefore the 19. wil have their Captain command them no longer he may not fight against them if he could procure any to take his part nor wil it avail to say that the 19. are Ignorant or distracted for he must not question the judgment of his Electors if the people know not how to choose a King then the Election is voyd and so a defective title but they that have judgment to consent for reasons best known to themselves may alter and dis-assent for this ease stands upon a special reason differing from all cases of bargains and contracts that rights vested cannot be devested and what pleased at first may not displease at last the King is born for the good of his subjects not they for his good further then to give him honor reverence and recompence this is the wil of God to prevent Wars which must otherwise follow inevitably and 't is a principle of right reason that as things are creatâ—d so by the same power they are dâ—ssolved they which may institute may destitute it strengthens our faith in the resurrection that the same power which made us of nothing can raise us out of the dust Mistake me not I say if all the 19. should so agree if but 3. or 4. should adhere to the Captain I dâ—liver no opinion in that case but I am against that opinion that if any County or burrough Town shal send for their Knights and Burgesses to return home and vote no longer that in this case they ought to come back because no man can be represented longer then he pleases this erew to destroy the frame of the Government For though every several Shire and Burrough make their several Elections yet they are sent not only to vote for the good of their own County or Town but for the general good of the Kingdom and they make not several distinct representative bodies but one intire representative body in the nature of a joyntenancy as the Soul is in every part of the body so every Member sits in the House for the good of the whole Kingdom as if chosen by all the people the several Elections being by agreement for the more conveniency But when Bâ—rgesses are chosen for one Town all the rest give their consents to such an Election and so in Law it may be called the Election of them all as between partners in a Drade one brings 1000 l. the other as much this is layd out in Commodities as a common stock now none of them alone hath power over any part of the goods though it may be purchased with his money but all things is to be done by a joynt consent no dissolution to be by parts that is to dismember the body otherwise this would follow that if two Burgesses voted only for that Town which sent them if one voted in the Affirmative and the other in the Negative nothing should be done in that particular but that which I chiefly intend in this discourse is not only that there may be a right understanding but endeared affections between the King and Parliament and truly I know no way like this to be perswaded of each others sincerity that they acted according to their judgments that light which they had revealed to them that his Majesty would beleeve as the truth is that the Right Honorable Lords and the Honorable Commons did nothing but what they conceived themselves in Honor and Iustice obliged to do for the safety of the Kingdom and that otherwise they could not have answered it to those whom they represented and that the Parliament would be perswaded that his Majesty did nothing but what he conceived himself in Honor bound to do without which he could not have given an Account to God nor his people with comfort for possibly there may be an invincible Ignorance of one anothers right The Cananites were in possession of a lawful title the Lord commands Ioshua to dispossess them who having a Command from God may lawfully fight and they not knowing of Gods Command might lawfully defend themselves now in this case if the Lord had not intended a National Church the destruction of the Cananites why might not an Israelite and a Cananite have been good friends and said thus one to another truly what you did you had some colour of reason for it at lest you thought you did for the best it may be I should have done so had I been in your case therefore let us do as we would be done by as there have been Arguments framed against each others proceedings so I wish heartily that the Kings Majesty and those evil Counsellors who were about him hee 's now guarded with Angels in comparison would argue thus for the Parliament the Kingdom petitioned both Houses to raise Arms for their preservation what could the Parliament do in such a case having voted that there was an apparent design to inslave the people had it been sufficient for the Members to have told the people Truly we gave his Majesty faithful advice besought him to reform what was amiss but he hearkned to his Courtiers and would not and so we left him to do what he pleased What would the Kingdom have said in such a case would they not have exclaimed against their Knights and Burgesses as the French do against their twelve Peers which being intrusted to oppose Tyranny prevaricated Oh ye unfaithful men I was there ever so great a breach of Trust in the world heard of Did we Elect you to infranchise us and do you suffer us to be inslaved Would you not put us into a Posture of war to defend our selves but suffer us to be destroyd insensibly since you wil not deliver us our freedom must come some other way what can be said in reason against this And so that the Parliament would argue for his Majesty amongst others to use but this What must