the Lord which therefore we should be most willing unto and with greatest longing after desire The strait which the Apostle found himself in was not at all from the least haesitation in his mind which of the two was in it self best and to be preferred but by which Christ might most be magnified and the Church benefitted according to the will of Christ So then unless to live were Christ and a real and clear magnifying of Christ in his Body he cared not for Life but contemned Death He saw evidently how it was his own particular loss and hindrance even not to Die since to be dissolved to depart and be with Christ and in the Society of the blessed Angels and Saints in Heaven was best of all and far more gainful and to be valued by him than any longer continuance or abode in the flesh The magnifying of Christ in his Body whether by Life or by Death was the Consideration with Paul that held the ballance cast the scale and that onely So it ought to be with every true Christian The end of man's coming into the Body and his temporary continuance and abode there according to the Law of his Creation is the magnifying and glorifying Christ either by his Life or by his Death or both the one of which if he do not it must needs be his sin and he is left without excuse For none can violate or corrupt the mind of man by the Law of Nature nor let in Death upon his Spiritual Substance but himself though they dissolve his temporary abode in the flesh break his outward case and shel and rather than do the one we should choose the other choose affliction rather than sin the dissolution of the Body rather than the corrupting of the Mind In so doing and dying Christ is magnifyed Thus Peter was foretold by what Death he should glorify God And to such it is given by Christ not onely to Believe but Suffer and Die for his Names sake as a transcendent priviledge and honour If no restraint then be upon our mind from without what hinders that Christ is not magnified in our Body but something within us in our judgement will and affections that are not right set and fixed nor as yet wrought to this self same thing by God who hath given us the earnest of his Spirit But it may be demanded What is it in which this great duty of man lies as to the magnifying of Christ in his Body by his Life or living in the Body which is a more difficult thing to do than to Die Christ himself tells us when he saith Let your Light so shine before men that they may see feel and sensibly discern your good works and so glorify your father which is in Heaven There are two sorts of signs we read of in those that believe which justifie their Faith in consortship as it were with which their Faith works and is made perfect so as the work of Faith is fulfilled in them with power 1. Signs Extraordinary as Mark 16. 18. with which the Primitive Christians were well acquainted and so may all such again as arrive to any competent maturity in that primitive Christian Spirit 2. Signes Ordinary as those mentioned Gal. 5. 22 23. called the fruits of the Spirit in us that makes us mighty in word and in deed not onely to will but to perform that which is good by being filled with the Spirit in our very Bodies made the Temples of the holy Ghost rich in Faith and Tuch good Works as are the fruit of Faith without which Faith it self is dead and unprofitable and by which Abraham justified his Faith and was called the Friend of God It is in this sense the Prophet urges the sanctification of our Vessels when he saith Be ye clean that bear the Vessels of the Lord. And the Apostle when he saith 1 Cor. 6. 19. What! know ye not that your Body is the Temple of the holy Ghost unto which Redemption by Christ extends as well as to your Spirits therefore glorify God in your Body as well as in your Spirit which is God's and wherein he hath and challengeth a special propriety The Body in Scripture acceptation signifies not onely the material substance from which the Soul is actually separated when it is laid in the Grave but very usually the Soul it self that is to say that part of the Soul which vitally unites the Body to it self whose faculty and operation is in and by the Body and doth properly and immediately exercise bodily Life as that which is co-natural and co-essential to it There is a higher part in man's Soul called Spirit in distinction from Soul and Body expressed 1 Thes 5. 23. as if the Spirit were an entire thing in it self though it be that in and with which Soul and Body doth consist as parts of the whole Man I pray God saith the Apostle that your whole Spirit Soul and Body be preserved blameless to the coming of Christ and that you may be sanctified throughout or in every part of you in your Soul and in your Body which are to be esteemed but as parts comparatively with your whole Spirit Man considered as entire in his Spirit may have and hath being before he partakes of Flesh and Blood as it is written Behold saith Christ I and the children which thou hast given me Forasmuch then as the children are partakers of Flesh and Blood he also himself took part of the same even he who with the children were a mystery hid with the Father before the World was and had their Seminal and radical Being in the Word of Life the Father of Spirits In this Word as in the Image and Mental conception of the invisible God the Souls of all men even of Christ himself as man were comprehended as in their original pattern and rule in order at the time appointed to come into flesh and there make their temporary abode allotted to them By the Condition and Law of Man's Creation he is made a Spiritual essence with two distinct faculties and operations according to which he may be said to be both Immortal and Mortal Immaterial and Material Spirit and Body as Body signifies man's animal rational Soul that is to live in flesh and hath its peculiar desire faculty and operation proportioned thereunto In all this Man bears the Image and Similitude of God the Mediator or of the Godhead in Christ as two Natures in him are Hypostatically united and make but one Compositum or Person This was comprehended in that Counsel which the blessed Trinity took concerning the making of Man in their Image and after their Similitude He was made male and female in his very Spiritual substance First with a faculty and operation of mind superiour stronger and more excellent which is free and independent upon bodily organs exercising Life properly and purely Spiritual and Immaterial above and without the use of sensible signes or shapes Secondly With that inferiour faculty and operation of mind whose subsistence life being and motion is in with and by the body and through the use of bodily organs sensible signes and external mediums on the loss of which this second faculty and operation of man's Soul which is the weaker inferiour and less valuable ceases at least is for a time suspended which in Scripture phrase is called Death even the Death of the Body Yet the more vigorous the exercise of this latter is and the more that thereby we are at home in the Body the more in truth and reality we are dead at least asleep in the earth as to our more Noble and Spiritual part in and through which we enjoy most of the presence of God and of Christ Since therefore mans constitution of Being in such as he cannot live both these Lives together untill the Resurrection but that in the one of them he must be incompleat have his operation much suspended and be as it were dead or asleep To resolve which of these to choose and prefer ought not to be so difficult as commonly it is made On the SUFFERINGS of the Renowned Sir H. Vane Knight GReat Soul ne're Understood Until deciphered by thy Blood A Priest a Prophet and a King Systeme of every worthy thing Dying that Liberty might Live The English Cause he doth retrieve Stating it in no formal dress But in the Spirit of Righteousness Which he from th' earth perceiving fled Dy'd to Return with 't from the Dead Persons or Forms of Government Did little make to his intent To nought was he an Enemy But what was fix'd in Enmity ' Gainst which he fought with eager breath Became Victorious in his Death And this not by necessity It was his Principle to Dye Flesh will resist but Faith can suffer The soft hand 's gone beware the rougher Th' envy and hate of every Form Upon his head pour'd down the Storm Whilst he sublim'd and sav'd the good O' th' lowest and seal'd it with his Blood How great he was his Enemies tell Who while he liv'd could not be well And in what stead his offering stood By resolute silence Friends made good The male o' th' Flock is ta'ne the best To expiate the blame o' th' rest What tears and prayers wanted in strength His crying blood brings down at length Groan English Hearts groan help the cry Lord Jesus Come I come quickly FINIS The Printer to the Reader IT 's very probable thou mayest meet with some faults and misprintings escaped the Corrector which could not be avoided by reason of the distance between the Transcriber and the Press thou art desired to correct them and pass them by with candor One thou mayest find in page 54 and 55 all those words within the Parenthesis should come in after the word Penetent And page 97. in the Title to that part read Case for Cause ☜
of Judgement and giving the last and final decision Especially since what was foretold by Daniel is remarkably accomplished amongst us to wit that the visible Power of Gods People should be broken and scattered so as that they should have no might remaining in and with them to go against the Multitudes that design and resolve their Ruine There is not any remedy left to them wherein they may expect success but from such a signal day of the Lord 's immediate appearance in Judgement on their behalf For their sakes therefore O Lord return thou on high Psal 7. 7. take thy Throne of Judicature over men from which thou hast seemed to have departed and execute that righteous Judgement which thou hast seemed for a season to have suspended upon wise and holy ends best known to thy self In such a dark and gloomy day those that truely fear the Lord are directed and required by him not to fear or be dismayed because he will be with them They are encouraged in the way of Faith onely to expect this deliverance even to stand still as having no need to fight in this Battel but onely to see the Salvation of the Lord through believing ANtient Foundations when once become destructive to those very ends for which they were first ordained and prove hinderances to the good and enjoyment of humane Societies to the true Worship of God and the Safety of the People are for their sakes and upon the same Reasons to be altered for which they were first laid In the way of God's Justice they may be shaken and removed in order to accomplish the Counsels of his Will upon such a State Nation or Kingdom in order to his introducing a righteous Government of his own framing This may have been the cause of our Wandrings as it were in a Wilderness and of God's bringing us back again into Egypt after our near approach to the Land of Rest that we have no better known and had no more care to prosecute what he principally intended in and by all our Changes and Removes in the course of his Providence Yea we have added this also to the rest of our sins that we have improved the Gifts and Deliverances that God bestowed upon us another way and to another end than was by him intended as well as Providentially intimated by that holy Decree of his in the Decision declared at the Trial in his Martial Court with points of Swords Here the great Controversie that had been depending many Ages between Rulers and the Ruled as to the Claimes of the one in point of Prerogative and of the other in their Spiritual and Temporal Freedoms was after many heats colds many skirmishings and battels at last decided by the Sword This is a way of Tryal allowed by the known common Law of England and the Law in force throughout all Nations By this the Verdict is given forth from a Court of such a Nature as from whence there is no further appeal Especially since after the Tryal past quiet possesion was given to the Conquerors and continued some years Upon this Reason and Gratitude to God obliged us to such a prosecution as might answer the true end of Government and in especial after that manner as might be most to God's well-pleasing The Powerful Being which by success of Armes as given to the Peoples Representative Body in Parliament did communicate to it essentiallity according to the nature of that Being for which it was ordained For that Being with Power of continuing together at their own pleasure were as the Soul and Body unseperated and they might have performed things necessary at present for the safety and preservation of the Body they represented They might have been a good help to settle righteous Government in a constitution most acceptable to God and beneficial to the Governed on the Foundation of God's Institution and the Peoples Ordination in consent together laid by the Power of God and the Peoples own Swords in the hands of their faithful Trustees It would imply a high contempt of God and his Dispensations so signal amongst us to communicate the benefit of them to his opposers The right of choosing and being chosen into places of Trust in the Government was returned by the Law of the Sword which is paramount to all humane Laws into its primitive exercise which is warranted by the Law of God and of Nature By that Law the most famous Monarchies of the World in all Ages were first constituted and setled and by it God decided our Cause looking for an event and fruit answerable to the benefit by him given even such a Government as God would have given us the Pattern of had we sought it as was our duty whereby Justice and Mercy should have been daily administred according to his will to the bringing on the new Heavens and new Earth wherein Righteousness might dwell The Vessel of this Common-wealth now weather-heaten and torn seems to be more in danger than that wherein Jonah would have sled to Tarsus For though we have cast forth a great part of our goods to secure it this has done us but small good That Ship had but one Delinquint aboard which occasioned the Storm and his being thrown into the Sea brought immediate safety They had also many skilful Seamen to guide it but all our Pilots are cast over-board and none left in appearance but guilty Passengers Nay admit with Jonah both the Common-wealth and Cause be brought into most desperate Exigents and Extreamities from whence there is no more appearing redemption for them then such as they have that go down quick into the grave and belly of the Whale yet they may be preserved even by that which naturally of it self is irrecoverably destructive to them and be employed again in service by him against whom they have been so ungratefully rebellious after former great deliverances So infinite are God's Mercies yea so exceeding Merciful are the severest of his Judgements and Dispensations towards his People Thus may both People and Army be deprived of their Power and another party let in to plague and root out from amongst us such as are more wicked than themselves and so make room for a more righteous Generation which will begin all things anew By the course of things acted amongst us God's sentence on our behalf is made void and that seems given away for ever which was recovered by the Sword Our troubles are onely prorogued No Faith or Contract is thought meet to be kept with Rebels and Hereticks when by acquired Power it may be broken 'T was the great solly and self-flattery of some to think it would be otherwise It is most certainly true that no Time or Prescription is a just Bar to God's and the Peoples Right To murmure against God's Verdict and resist his Doom so solemnly given and executed amongst us in the sight and concurring acknowledgement of the Nations round about is to become adversaries to God
our best security The Common Law then or Liberties of England comprized in the Magna Charta and the Charter of Forest are rendred as secure as authentick words can set them from all Judgments or Precedents to the contrary in any Courts all corrupting advice or evil counsel of any Judges all Letters or Countermands from the Kings Person under the Great or Privy Seals yea and from any Acts of Parliament it self that are contrary thereunto As to the Judges no question they well know the story of the 44 corrupt Judges executed by King Alfred as also of Tresillian Belknap and many others since By 11 Hen. 7. cap. 1. They that serve the King in his Wars according to their duty of Allegiance for defence of the King and the Land are indempnified If against the Land and so not according to their Allegiance the last clause of that chapter seems to exclude them from the benefit of this Act. 6 Hen. 8. 16. Knights and Burgesse of Parliament are required not to depart from the Parliament till it be fully finished ended or prorogued 28 Ed. 3. cap. 3. No man is to be imprisoned disherited or put to death without being heard what he can say for himself 4 Ed. 3. 14. and 36. Ed. 3. 10. A Parliament is to be holden every year or oftner if need be 1 Ric. 3. cap. 2. The subjects of this Realm are not to be charged with any new imposition called a Benevolence 37 Ed. 3. c. 18. All those that make suggestions against any man to the King are to be sent with their suggestions before the Chancellor Treasurer and his grand Council and there to find surety that they will pursue their suggestions and are to incur the same pain the party by them accused should have had if attained in case the suggestion be found evil or false 21 Jacobi cap. 3. All Monopolies and Dispensations with Penal Laws are made void as contrary to the great Charters These quotations of several Statutes as Ratifications and Restorers of the Laws of the Land are prefixed to the following Discourses and Pleas of this Sufferer as certain steady unmovable Land-marks to which he oft relates The rouling Seas have other Laws peculiar to themselves as Cook observes on that expression Law of the Land in his Comment on the 29th Chapter of Magna Charta Offences done upon the High Sea the Admiral takes conusance of and proceeds by the Marine Law But have those steady Land-marks though exactly observed and never so pertinently quoted and urged by this Sufferer failed him as to the securing of his Life 'T is because we have had Land-floods of late Tumults of the People that are compared to the raging Seas Psal 65. 7. The first Paper of this deceased Sufferer towards the defence of his Cause and Life preparatory to the Tryal as the foundation of all that follows before he could know how the Indictment was laid and which also a glance back to any crime of Treason since the beginning of the late War that the Attorney General reckoned him chargeable with shews to be very requist take as followeth Memorandums touching my Defence THe Offence objected against me is levying War within the Statute 25 Ed. 3. and by consequence a most high and great failer in the duty which the Subject according to the Laws of England stands obliged to perform in relation to the Imperial Crown and Soveraign Power of England The crime if it prove any must needs be very great considering the circumstances with which it hath been accompaned For it relates to and takes in a series of publick action of above twenty years continuance It took its rise and had its root in the Being Authority Judgment Resolutions Votes and Orders of a Parliament and that a Parliament not onely authorized and commissionated in the ordinary and customary way by his Majesties Writ of Summons and the Peoples Election and Deputation subject to Adjournment Discontinuance and Dissolution at the King's will but which by express Act of Parliamenâ— was constituted in its continuance and exercise of its Power free from that subjection and made therein wholly to depend upon their own will to be declared in an Act of Parliament to be passed for that purpose when they should see cause To speak plainly and clearly in this matter That which is endeavoured to be made a Crime and an Offence of such an high nature in my person is no other than the necessary and unavoidable Actings of the Representative Body of the Kingdom for the preservation of the good People thereof in their allegiance and duty to God and his Law as also from the imminent dangers and destruction threatned them from God's and their own Enemies This made both Houses in their Remonstrance May 26. 1642. protest If the Malignant spirits about the King should ever force or necessitate them to defend their Religion the Kingdom the Priviledges of Parliament and the Rights and Liberties of the Subjects with their Swords The Blood and Destruction that should ensue therupon must be wholly cast upon their account God and their own consciences telling them that they were clear and would not doubt but that God and the whole world would clear them therein In his Majesties Answer to the Declaration of the two Houses May 19. 1642. he acknowledgeth his going into the House of Commons to demand the five Members was an errour And that was it which gave the Parliament the first cause to put themselves in a posture of defence by their own Power and Authority in commanding the Trained-Bands of the City of London to guard and secure them from Violence in the discharge of their Trust and Duty as the two Houses of Parliament appointed by Act to continue as above-mentioned The next cause was his Majesties raising Forces at York under pretence of a Guard expressed in the humble Petition of the Lords and Commons May 23. 1642. wherein they beseech his Majesty to disband all such Forces and desist from any further designs of that nature otherwise they should hold themselves bound in duty towards God and the Trust reposed in them by the People and the Fundamental Laws and Constitutions of this Kingdom to employ their care and utmost power to secure the Parliament and preserve the peace and quiet of the Kingdom May 20. 1642 The two Houses of Parliament gave their Judgment in these Votes First That it appears that the King seduced by wicked Counsel intends to make War against the Parliament who in all their Consultations and Actions have proposed no other end to themselves but the Care of his Kingdoms and the performance of all Duty and Loyalty to his Person Secondly That whensoever the King maketh War upon the Parliament it is a breach of Trust reposed in him by his People contrary to his Oath and tending to the dissolution of this Government Thirdly That whosoever shall serve or assist him in such Wars are Traytors by the fundamental
for Government-sake it self it is requisit it should be so because none are Judges of the Power and Priviledges of Parliament but themselves For admit once that their Judgment may be called in question and disputed by private persons or by inferiour Courts whose Votes are included in theirs the Fundamentals of Government are plucked up by the roots Par in pares non habet Imperium multó minus in eos qui majus Imperium habent An Equal has no command over his Equal much less over those that have a greater command or authority His late Majesty in his Answer to the nineteen Propositions does very briefly and exactly state the nature and kind of Government that is exercised in this Kingdom saying The Laws in this Kingdom are made by a King a House of Peers and a House of Commons chosen by the People all having free Votes and particular Priviledges These three Estates making one incorporate body are they in whom the Soveraignty and Supream Power is placed as to the making and repealing of Laws And the Government according to these Laws is trusted to the King who in the Interval of Parliaments is sole in the exercise of Government which the Parliament sitting he is to exercise in conjunction with the two Houses And his said Majesty asserting three sorts of Government Absolute Monarchy Aristocracy and Democracy does most rightly distinguish the Monarchy of England from all those three and commends the Constitution of this Kingdom as it is a mixture of all three having the conveniencies of them all without the inconveniencies of any one as long as the ballance hangs even between the three Estates that they run joyntly on in their proper channels and that the overflowing of either on either side raise no deluge nor inundation By the passing of the foresaid Act for the continuance of the forementioned Parliament the Intervals of Parliament were no longer as before at the will and pleasure of the King but the Power to continue the said Parliament without Adjournment Prorogation or Dissolution resided in the two Houses with the King joyntly and in none of them severally so that in effect the Government of the Kingdom during the continuance of that Parliament was in conjunction of the three Estates and in their common consents and agreements among themselves given in Parliament the assembling and meeting whereof was appointed and fixed to a place certain by Law By reason hereof it is not the attendance of any of the Members in Parliament for discharge of the Trust reposed in them confirm'd and enlarged by the said Act that is faulty or censurable by the Law but those that unwarrantably depart and desert that their Trust and station are to be blamed 6. Hen. 8. 16. The King in conjunction with the Parliament is maxime Rex and is supported in the Throne and exercise of his Regal Power by the joynt concurrence of both Houses And because as his late Majesty well observed the happiness and good of the Constitution of this Government lies in keeping the ballance even between the three Estates containing themselves within the bounds of their proper channels therefore in attempts of either to overflow those bounds they being co-ordinate the Office of a Parliament is by the very fundamental constitution of the Government to keep this ballance well poised And to that end as was before mentioned his Majesties own words are in his said Answer to the nineteen Propositions That there was legally placed in both Houses a Power more than sufficient to prevent and restrain the Power of Tyranny If so then are they the legal Judges when there is danger of Tyranny and have legal power to require their Judgment and Resolves to be obeyed not only when Arms are actually raised against them but when they discern and accordingly declare a preparation towards it else they may find it too late to prevent the power of Tyranny There is no greater attempt of Tyranny than to arm against the Parliament and there is no visible way for the restraining such Tyranny but by raising Arms in their own and the Kingdoms defence Less than this is not sufficient and therefore far from more than sufficient for the punishment of Delinquents and restraint of Tyranny Unto the King in conjunction with his two Houses according as is provided by the Law in this capacity of his as maxime Rex was the duty of Allegiance to be yeelded by his Subjects during the indissolved state of that Parliament For they were the King 's great Council and supream Court exercising the known Power and Priviledges that time out of mind have appertained to them and been put forth by them as the Exigents of the Kingdom have required when differences have happened about the very title of the Crown in declaring the duty of the Subject by yeelding their Allegiance to Kings de facto when Kings de jure have been kept out of possession This our Chronicles and the Histories of former times do plentifully inform The causes that did happen to move his late Majesty to depart from his Parliament and continue for many years not only at a distance and in a disjunction from them but at last in a declared posture of Enmity and War against them are so well known and fully stated in print not to say written in characters of blood on both parts that I shall only mention it and refer to it This matter was not done in a corner The Appeals were solemn and the decision by the Sword was given by that God who being the Judge of the whole World does Right and cannot do otherwise By occasion of these unhappy differences thus happening most great and unusual Changes and Revolutions like an irresistible Torrent did break in upon us not only to the disjoynting that Parliamentary Assembly among themselves the head from the members the co-ordinates from each other and the houses within themselves but to the creating such formed divisions among the people and to the producing such a general state of Confusion and Disorder that hardly any were able to know their duty and with certainly to discern who were to command and who to obey All things seemed to be reduced and in a manner resolved into their first elements and principles Nevertheless as dark as such a state might be the Law of England leaves not the Subjects thereof as I humbly conceive without some glimpses of direction what to do in the cleaving to and pursuing of which I hope I shall not be accounted nor judged an offender or if I am I shall have the comfort and peace of my Actions to support me in and under my greatest sufferings The Resolutions of all the Judges in Calvin's Case entituled Post-nati in the 7th Book of Cook 's Reports and the learned Arguments thereupon afforded me instruction even in this matter It may be 't is truly thence affirmed that Allegiance is due only to the King and how due is also shewed The
Soveraign or General Vicegerent of his Supremacy over all in Heaven and in Earth He therefore is the true Universal King and Root of all Soveraign and just Governing Power whether in Heaven or on Earth His Soveraignty is unquestionable and unaccountable because of the Perfection of his Person carrying in it an aptitude and sufficiency to Govern without possibility of Error or Defect of any kind Soveraign and Governing Power doth necessarily relate to Subjects that are to be the Ruled and Subjects capable of such Government Therefore when God himself purposes within himself to be Supream Legislator and Governour he doth withal purpose the Being and Creation of both Worlds as the Subject matter of his Kingdom He propounds to Govern his Subjects by and with their own consent and good liking or without and against it in the way of his revenging Justice Governing by Laws clearly stating and ascertaining the Duty or the Offence as also the Rewards and Penalties Herein Just Government consists or the Justice of Government for he that Rules over others must be Just and indeed should be seen to be so in all his Commands so seen as to render the Consciences of the Ruled and those whose duty it is to Obey inexcusable before God and before Men if they Dissent or Resist Inexcusable they are before God because the matter Commanded is the matter of God's Law therefore just to be obeyed They are also Inexcusable before Men that which is required of them being generally acknowledged and affirmed by those in whom the common consent of the Subjects is intrusted to that end to be Just and Reasonable and therefore to be Obeyed For the end of all Government being for the Good and Welfare and not for the Destruction of the Ruled God who is the Institutor of Government as he is pleased to Ordain the Office of Governors intrusting them with Power to command the Just and Reasonable Things which his own Law Commands that carry their own evidence to common Reason and Sense at least that do not evidently contradict it so he grants a Liberty to the Subjects or those that by him are put under the Rule to refuse all such Commands as are contrary to his Law or to the judgement of common Reason and Sense whose trial he allows by way of assent or dissent before the Commands of the Ruler shall be Binding or put in Execution and this in a Co-ordinacy of Power with Just Government and as the due Ballance thereof The Original Impressions of Just Laws are in Mans Nature and very Constitution of Being Man hath the Law in his Mind or the Superior and Intellectual part of him convincing and bringing that into obedience and subjection to the Law of God in Christ himself He hath also that which is a Law in his Members that are on the Earth or his earthly and sensual part whose Power is Co-ordinate with the other but such that if it be not gained into a Harmony and Conjunction with its Head the Spirit or Mind of man hath ability to let and hinder his Mind or Ruling part from performing and putting in execution that which is good just fit and to be acknowledged as the righteous dictates of the Mind which ought to be the Ruling Power or Law to the Man So in the outward Government over Man the secondary or co-ordinate Power concurring with that which is the chief ruling Power is essential to Just Government and is acknowledged to be so by the Fundamental Constitution of the Government of England as well as in the Legal Being and Constitution of Parliaments whether that which hath been usual and ordinary according to the Common Law or that which of late hath been Extraordinary by express Statute for the continuance of the Parliament 17. Car. until dissolved by Act of Parliament For together with the Legal Being which is given to Regal Power and the Prerogative of the Crown there is the Legal Power and Being reserved also unto that Body which is the Peoples or Kingdoms Representative who are the Hands wherein that which is called Power Politick is seated and are intrusted with giving or with holding the common Consent of the whole Nation according to the best of their Understandings in all matters coming before them and are to keep this Liberty Inviolate and Entire against all Invasions or Encroachments upon it whatsoever This second Power in the very Writ of Summons for calling a Parliament is declared to be of that Nature that what the first doth without obtaining the Consent and Approbation of the second in Parliament is not binding but ineffectual And when the Representative Body of the Kingdom in and with whom this Power is intrusted as the Due and Legal Ballance and Boundary to the Regal Power set and fixed by the Fundamental Constitution is made a standing Court and of that Continuance as not to be dissolvable but by its own consent during such its continuance it hath right to preserve it self from all violent and undue Dissolution and to maintain and defend its own Just Priviledges a chief of which is to binde or loose the People in all matters good or hurtful to them according to their best Judgement and discretion In the exercise of this their Trust they are Indemnified by Law and no hurt ought to come unto them that Governing Power which is originally in God and slowes at first from him as the sole and proper Fountain thereof is brought into exercise amongst men upon a differing and distinct account First As it is a Trust and Right derived conditionally from God to his Officers and Ministers which therefore may be lost who being called by him and in the course of his Providence to the exercise of it are to hold it of him the Universal King and to own themselves in the exercise thereof as his Vicegerents to cut off by the Sword of Justice evil-doers and to be a Protection and encouragement to them that do well But because it is part of God's Call of any person to this high Trust to bring him into the possession and free Exercise thereof by the common consent of the Body of the People where such Soveraign Power is set up unless they have forfeited this Liberty Therefore Secondly God doth allow and confer by the very Law of Nature upon the Community or Body of the People that are related to and concerned in the right of Government placed over them the Liberty by their common Vote or Suffrage duely given to be Assenters or Dissenters thereunto and to Affirm and make Stable or Disallow and render Ineffectual what shall apparently be found by them to be for the good or hurt of that Society whose welfare next under the justice of God's Commands and his Glory is the Supream Law and very end of all Subordinate governing Power Soveraign Power then comes from God as its proper Root but the restraint or enlargement of it in its Execution over such or
Judgement and the Lord's Day And this is that in every individual man which in the collective Body of the People and meeting of Head and Members in Parliament is called The Supream Authority and is the publick reason and will of the whole Kingdon the going against which is in Nature as well as by the Law of Nations an offence of the highest rank amongst men For it must be presumed that there is more of the Wisdom and Will of God in that publick Suffrage of the whole Nation than of any private Person or lesser collective Body whatsoever not better quallified and principled For Man is made in God's Image or in a likeness in Judgement and Will unto God himself according to the measure that in his nature he is proportioned and made capable to be the receiver and bearer thereof Therefore it is that the resisting and opposing either of that Judgement of Will which is in it self Supream and the Law to all others or which bears so much proportion and likeness to the Supream Will as is possible for a Society and community of Men agreeing together for that end to contrive and set up for an administration thereof unto them is against the duty of any member of that Society as well as it is against the duty of the Body of the whole Society to oppose its Judgement and Will to that of the Supream Law-giver their highest Soveraign God himself The highest Judgement and Will set up by God for Angels and Men in their particular beings to hold proportion with and bear conformity unto in the capacity of Ruled in relation to their chief Ruler sinnes forth in the person of Christ the engrafted Word And when by the Agreement or common Consent of a Nation or State there is such a Constitution and Form of Administration pitched upon as in a standing and ordinary way may derive and conveigh the nearest and greatest likeness in humane Laws or Acts of such a Constitution unto the Judgement and Will of the Supream Legislator as the Rule and declared Duty for every one in that Society to observe It is thereby that Government or Supream Power comes to receive Being in a Nation or State and is brought into exercise according to God's Ordinance and Divine Institution So then it is not so much the Form of the Administration as the thing Administred wherein the good or evil of Government doth consist that is to say a greater likeness or unlikeness unto Judgement and Will of the highest Being in all the Acts or Laws flowing from the Fundamental Constitution of the Government Hence it is that common Consent lawfully and rightfully given by the Body of a Nation and intrusted with Delegates of their own free choice to be exercised by them as their Representatives as well for the Welfare and good of the Body that trusts them as to the Honour and Well-pleasing of God the Supream Legislator is the Principle and Means warranted by the Law of Nature and Nations to give Constitution and Admission to the exercise of Government and Supream Authority over them and amongst them Agreeable hereunto we are to suppose that our Ancestors in this Kingdom did proceed when they constituted the Government thereof in that form of Administration which hath been derived to us in the course and channel of our Customes and Laws amongst which the Law and Customes in and of the Parliaments are to be accounted as chief For Hereby First The Directive or Legislative Power having the Right to State and Give the Rule for the Governors Duty and the Subjects Obedience is continued in our Laws which as well the King as People are under the Observation of witness the Coronation Oath and the Oath of Allegiance Secondly The Coercive or Executive Power is placed in one Person under the Name and Style of a King to be put forth not by his own single personal Command but by the signification of his Will and Pleasure as the Will of the whole State in and by his Courts of Justice and stated publick Counsels and Judicatures agreed on for that purpose between him and his People in their Parliamentary Assemblies The Will of the whole State thus signified the Law it self prefers before the personal Will of the King in distinction from the Law and makes the one binding the other not So that the publick Will of the State signified and declared by the publick Suffrage and Vote of the People or Kingdom in Parliament Assembled is a Legal and Warrantable ground for the Subjects Obedience in the things commanded by it for the good and welfare of the whole Body according to the best Understanding of such their Representative Body by it put forth during the time of its sitting The Body with whom the Delegated Vote and publick Suffrage of the whole Nation is Intrusted being once Assembled with Power not to be Dissolved but by their own consent in that capacity the highest Vote and Trust that can be is exercised and this by Authority of Parliament unto ex Officio or by way of Office are the Keepers of the Liberties of England or of the People by the said Authority for which they are accountable if they do not faithfully discharge that their duty This Office of keeping the Liberty which by the Law of God and Nature is due to the Community or whole Body of the People is by way of Trust committed by themselves to their own Delegates and in effect amounts unto this 1. That they may of right keep out and refuse any to exercise Rule and Command over them except God himself who is the Supream and Universal King and Governour or such as shall agree in their Actings to bear his Image which is to be Just and shew for the Warrant of their Exercise of Soveraignty both a likeness in Judgement and Will unto him who is Wisdom and Righteousness it self and the Approbation and common Consent of the whole Body rationally reposing that Trust in them from what is with visible and apparent Characters manifest to them of an aptness and sufficiency in them to give forth such publick Acts of Government that may bear the Stamp of God's Impression upon them in the Judgements they do and execute especially being therein helped with a National Counsel of the Peoples own choosing from time to time 2. They may of right keep hold and restrain him or them with whom the Coercive or Executive Power is intrusted unto a punctual performance of Duty according to the Fundamental Constitution the Oath of the Ruler and the Laws of the Land And if they shall refuse to be so held and restrained by the humble Desires Advice and common Consent in Parliament and the Peoples Delegates be invaded and attempted upon by force to deter them from the faithful discharge of this their Duty they may in asserting their Right and in a way of their own just Defence raise Armes put the issue upon Battel and Appeal unto