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A87530 A looking-glasse for the Parliament. Wherein they may see the face of their unjust, illegall, treasonous and rebellious practices, 1 Against Almighty God. 2 Against their King. 3 Against the fundamentall lawes of the kingdome. 4 Against their own oaths and covenants. Argued betwixt two learned judges, the one remaining an exile beyond the seas, the other a prisoner for his allegiance and fidelity to his King and country. Jenkins, David, 1582-1663.; R. H.; Heath, Robert, Sir, 1575-1649, attributed name. 1648 (1648) Wing J595; Thomason E427_17; ESTC R202656 43,342 52

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A Looking-glasse FOR THE PARLIAMENT Wherein they may see the Face of their UNJUST ILLEGALL TREASONOUS and REBELLIOUS PRACTICES 1 Against Almighty GOD 2 Against their KING 3 Against the Fundamentall LAWES of the Kingdome 4 Against their own Oaths and Covenants Argued betwixt Two Learned JUDGES the one remaining an exile beyond the Seas the other a Prisoner for his Allegiance and Fidelity to his KING and COUNTRY Printed in the Eighth yeer of the Parliaments Tyranny and Oppression 1648. To the Reader COURTEOUS READER WHosoever thou art that shalt peruse this insuing Discourse we desire thee to doe it with Candor and without prejudice of opinion before thou hast warily read it seriously consider it and advisedly weighed it and when thou hast so done if thou shalt approve of it practice it if thon doest not let us receive thy modest reproof in writing and informe us better by more learned and infallible Arguments of the truth in those grounds we have laid down to our selves and we shall hold our selves much obliged unto thee and remaine Studious to doe thee good D. I. R. H. Dated Feb. 7. An. D. 1648. A LOOKING GLASSE for the PARLIAMENT IVDGE SIR I Must confesse to you that I doe apprehend that there is a Legislative Power in the Parliament but I take it to be in sensu conjuncto not in sensu diviso in a sense when the KING is joyned to both Houses of Parliament not when he is divided from them either in his Will or Person For neither House by it self or both Houses together have Power to make a Law to binde the Subject without the Royall assent now the Legislative Power is nothing else but a Power to repeal old Lawes or to make new ones that shall binde the Subject neither can the KING by himself repeal any established or make any Law binding to the subject without the preparation or assent of both Houses not joyning with any one House make a Law or Ordinance to binde the other nor repeal any Law whatsoever and I am very confident you cannot shew me an authority in our Laws to the contaary But you will peradventure say That the KING will fully absent himself from both his Houses of Parliament and that thereupon his Power is inherent in and devolved to the Parliament If you should make this objection besides what you will finde hereafter expressed as touching this question the practice of all times shew the contrary for as on the one part if he be personally present with his Parl. yet he may be wilfully absent or absent in his will as if he answer to any bill promoted to him Le Roy s●avisera or the King will advise upon it it stands at present for a negation of the bill and thereby it is made incapable that Session to be an Act so on the contrary part if the King be absent from both Houses of Parliament in person hee may be present in his will that is if his person were at York and both Houses sitting at Westminster and they should send him Bills to signe which he should accept of and indorse this upon them Le Roy le Veut or the King wills this is an affirmation of those bills and makes them Acts of Parliament which not only proves that one or both Houses by themselves have not legislative power without the King for as to the making of Lawes they have but a preparatory power to frame and present bills for the Royall signature and approbation but also that if the King bee absent in person from them either willingly or by occasion of necessity his legislative power is not representatively lodged in or devolved unto one or both Houses of Parliament I will agree with that great lover of Parliaments and learned Father of the Law Sir Edward Cooke in the fourth part of his Institutes p. 6. That a Parliament cannot begin or be held but either in the Kings person or by representation By representation two wayes either by a Guardian of England by Letters-patents under the Great Seale when the King is in remotis out of the Realme or by commission under the Great Seale to certaine Lords of Parliament representing the Kings person he being within the Realme by reason of some infirmity so that we hereby conclude that the King is not represented in Parliament of common course but only by speciall Commission in one of these two causes in the first of which cases Edward Duke of Cornewall and Earle of Chester held a Parliament in 24. E. 3. for King Edw. the third And John Duke of Bedford brother and Lieutenant to the King and Guardian of England held a Parliament as Guardian of England in the fifth year of King H. the fifth and in the second case in 3. E. 4. a Parliament was begunne in the presence of the King and prorogued untill a further day And when William Arch-bishop of York the Kings Commissary by Letters-patents held the same Parliament and adjourned the same the cause of the said prorogation being because the King was inforced to goe into Glocestershire to represse a Rebellion there so in 28. Eli. Queen Elizabeth by her Commission did by her Letters-patents authorise John Whit gift Arch-bishop of Canterbury William Baron of Burleigh Lord Treasurer and Henry Earle of Darby to begin hold and prorogue a Parliament and this Commission is entred in the Journall booke of the Lords house over which is written Domina Regina representatur per comissionarios viz. That our Lady the Queene is represented by her Commissioners which precedents in both cases plainely prove that the King is not of course representatively in Parliament nor his power lodged there but by his speciall Commissions or Letters Patents which may suffice as to this point but for those parts of your motives that the power of both Houses is above the Kings you shall find answered unto hereafter And whereas you write that the Scots have delivered up the King and that he is a Prisoner and his Person at their disposition that the City and Parliament are united that the whole strength of the Kingdome is in their hands that Bishops will be rooted out their Lands sold and Presbyterian government setled which I conceive you alledge as arguments to perswade me to compound and take the Oathes you mention these are rather arguments of force and fraude by all zealous lovers of honour Justice and Piety to be resisted and withstood then of truth and reason tobe submittd unto and looke more like arguments of Sutors Hill then Westminster Hall but if you lay them before me as perswasions of feare and terrour I answer you in the words of King David that you may see how vaine these conceits are Psal. 2. The Princes of the earth stand up and take councell against the Lord and against his Anoynted saying Let us breake their bonds asunder and cast away their cords from us he that dwelleth in Heaven shall laugh them to scorne
the Lord shall have them in derision he shall bruise them with a Rod of Iron and breake them in peeces like a Potters Vessell Be wise now therefore O yee Princes be learned O yee that are Judges of the Earth What though many Ox●n are come about the King and fat Bulls of Rasan have closed him in on every side that gape upon him with their mouthes as if they were ramping and roaring Lions was not this good King Davids case Psal. 22. 12. was not he hunted after by Saul to destroy his life as a man hunteth after a Partridge in the Mountaines 1 Sam. 26. 20. did not his enemies lie waiting in his way on every side turning their eyes downe to the ground Like as a Lion that is greedy of his prey and as it were a Lions Whelpe lucking in secret places Psal. 17. 11. 12. They spake against him with false tongues compassed him about with words of hatred fought against him without a cause Psal. 109. 3. And Davids enemies kept him Prisoner too as out King is for they compassed him about Psal. 140. 9. Nay he complaines more heavily they that hate me without a cause are more then the haires of mine head they that are mine enemies and would destroy me guiltlesse are mighty Psal. 69. 4. Yet what of all this Are not there many promises held forth in the holy Scriptures to us that may assure a man of the smallest faith that the King shall be reestablished in his Throne and his enemies confounded for David assures us there is verily a reward for the righteous Doubtlesse there is a God in Heaven that judgeth in the earth Psal. 58. 11. and Psal. 9. The Lord is knowne by executing judgement the wicked shall be shared in the works of their owne hands for the poore shall not be alwaies forgotten the hope of the afflicted shall not perish for ever and to prove this he affirmes by way of evidence Psa. 27. 2. When the wicked even mine enemies and my foes came upon me to eate up my flesh they stumbled and fell and Psal. 30. He shewes his deliverance by his thanksgiving in these words I will magnifie thee O Lord for thou hast set me up and not made my foes to triumph over me thou hast turned my heavinesse into joy thou hast put off my sackcloth and gi●ded me with gladnesse How then can I dispaire of our Kings deliverance and victory I hope I may without offence say that I beleeve our King is a parallell to David in his vertues and the justice of his Cause and therefore shall with David Psal. 21. conclude this point The King shall rejoyce in thy strength O Lord exceeding glad shall he be of thy salvation thou shalt give him his hearts desire and wilt not deny him the request of his lips and why Because the King putteth his trust in the Lord and in the mercy of the most highest he shall not miscarry And for the latter part of your Argument which is that either the King will signe the Propositions and so mine estate will be confiscated or if he doe not the Parliament will doe it by their Ordinances without him I answer that I feare not his Majesties consent to give away the estates of his Loyall Subjects but if he be a Prisoner as you signifie unto me by your letters that he is I feare not much that his assent to the Propositions can take away mine estate neither doe I hold it a peece of wisdome to presse his consent perdures to such Propositions for you that are learned in the Lawes know that such consent is not any way binding at all amongst common persons a fortiori in the Kings cause And for their disposing of mine estate by Ordinance without the Kings consent I must deale plainely with you it terrifieth me not at all for I am cleerely of opinion that no Ordinance without the Kings consent is binding to the people or can alter any property that I have in mine estate by the Fundamentall Lawes of the Land And if the King should consent to such an Ordinance it were onely binding till the first Sessions of the next Parliament and then to dye of it selfe if not againe revived which if I thought you doubted of I would take the paines to cleare it by citing you authorities sufficient in the point whereupon I doubt not but you wil infer that there can be no good assurance or sale made of the Bishops lands by Ordinance without the Kings Royall and personall assent nor that both or either House of Parliament can dispose of his Royall person by any Law of the Land and I hope God will never permit them to dispose of him otherwise then to re-establish him in his Throne againe and invest him with all his Royall powers and interests which by the knowne Lawes of the Land are due unto him and to make him a glorious King according to their severall Declarations Protestations oaths of Supremacie and Allegiance and according to their solemne League and Covenant all which Protestations Oaths and Covenants every Member of both Houses either by the Lawes or by their owne Orders hath or ought to take Now as concerning the Covenant if I understand it aright the principall ends of it are the setling of Presbyterian government in the Church the extirpation of Episcopacy the right and priviledges of Parliament the preservation of the Kings Majesties person and authority which is qualified with a clause of equivocation viz. in the maintenance of the true Religion and liberties of the Kingdome to bring Incendiaries and malignants or evill instruments to condigne punishment and lastly to assist and defend all those that joyn in that League and Covenant to the ends and purposes aforesaid These being the ends of the Covenant it is expedient that I should consider whether it be lawfull to take any Covenant tending to these ends for I will not dispute the legality or illegality of taking of Covenants in generall but whether without my King and his confirmation I may make any Covenant at all with any sort of people in this Land especially to abrogate any knowne and established Law of the Land Now to pull downe that government of Episcopacy which is established by divers acts of Parliament in this Kingdome to set up Presbyterian by force of Armes which is inconsistent with the Laws and Statutes of this Realme and without the Kings consent who by his office of divine appointment is the nursing father of the Church as Isaiah 49. 22. and by the Statutes of this Land acknowledged to be supreame Moderator and governour of the Church and Kingdome as hereafter is more at large declared I very much doubt and scruple whether I may doe it and the rather for this cause for feare lest joyning in an unlawfull Covenant haply I be found to fight against God as it was said in the case of the Apostles Act. 5. 30. for if I enter into
sent Jehu with the like message unto Baasha as we read 1 of Kings 26. 2. And we read of Syrus the Assyrian heathen Emperour Isaiah 44. 28. where God saith of Cyrus He is my shepherd and shall performe all my pleasure and the 45 1. Thus saith the Lord to his anointed to Cyrus whose right hand I have holden to subdue Nations before him and verse the 5. of the same Chapter I am the Lord and there is none else there is no God besides me I guided thee though thou hast not knowne me God also calleth Nabuchaduezar that wicked idolatrous persecuting heathen King of Babylon his servant no lesse then three times in holy writ as we read Ier. 25. 9. 27. 16. and 43. 10. which severall places of Scripture doe clearly evidence to me that be the Prince or King never so wicked or Idolatrous be he never so unjust nay be he Pagan or Infidell God acknowledged them to be his owne ordinance upon his people nay and more commands his people to yeeld obedience to them as his ordinance upon paine not only of temporall destruction but of everlasting condemnation and this is proved unto us by that command of God given to his chosen people the Jewes Jer. 27. 12. Bring your neck under the yoke of the King of Babylon and serve him and live why will you dye thou and thy people by the sword by the famine and by the pestilence as the Lord hath spoken against the Nation that will not serve the King of Babylon therefore hearken not to the words of the Prophets that speake unto you saying Yee shall not serve the King of Babylon for they prophesie a lye unto you for I have not sent them yet they prophesie a lye in my name that I might drive you out and that yee might perish ye and the Prophets that prophesie unto you Nay God by the mouth of the Apostle St. Paul Rom. 13. 1. commands us upon paine of damnation to obey his ordinance in these words Let every soule be subject to the higher powers for there is no power but of God whosoever resisteth the power resisteth the Ordinance of God and they that resist shall receive to themselves damnation who these high powers are St. Peter tells us 1 Pet. 2. 13. Submit your selves to every ordinance of man for the Lords sake whether it be to the King as supreame or unto governours as unto those that are sent by him The King then is the highest power under God in his Realme and governours are sent but by him and therefore only to be obeyed because sent by him thus we see were our King an heathen an Idolater an unjust or perjured person yet he is Gods ordinance upon his people God so acknowledges wicked Princes to be nay commands obedience to them lest we be temporally destroyed Nay more then that lest we receive to our selves damnation What then shall I sweare not to serve honour submit unto and obey my most Gracious Sovereigne Lord King Charles a Christian King and anointed crowned nay my naturall King as religious just pious vertuous mercifull and wise a King as ever reigned over this Realme of England or at this time lives in the world without disparagement to any Prince or Potentate now living upon the face of the whole earth Marry God forbid for feare I receive unto my selfe damnation No I will with St. Peter 1 Pet. 2. 17. Feare God honour the King which words import a most holy ordinance eternall and indispensable and by us for no ordinance of man whatsoever to be omitted or by any Law to be discharged thus much in generall touching the duty that every Subject owes to his King by the Laws of God But if it be objected that these generall precepts inforce nothing in this particular case of the Negative Oath I answer they doe very pregnantly for the words of the Negative Oath are these I. A. B. doe sweare from mine heart that I will not directly nor indirectly adhere unto or willingly assist the King in this War or in this Cause against the Parliament In which words there is an inhibition of that duty to my King which by Gods Law and his holy Word I am enjoyned to performe towards him and if I sweare this oath I restraine my selfe thereby in part of that subjection and obedience which is due from mee to my Sovereigne for it doth not appeare by the Scriptures afore mentioned nor by any other that I know that there is any case whatsoever excepted wherein I ought not to pay tribute custome feare or honour to my King But in this case I engage my selfe by mine oath not to adhere or willingly assist the King in this Warre or in this Cause against the Parliament which is as much to say as I shall not pay him that is due to him by the Law of God and injunction of the Scriptures If it bee objected that the Scripture bindes mee not to assist the King or adhere unto him in matter of War I answer it doth though not in direct words yet in full effect and substance for within the precept of Peter 2. 17. Feare God honour the King And by the first Commandement of the second Table honor thy father and thy mother is included all manner of aid and assistance due to a King both in warre and peace which I prove thus The Geneva notes which I follow in the interpretation of Scriptures being most authenticall of any in these times of Reformation commenting upon the 20 Ezek. 12. on these words Honour thy father and thy mother expresse that by the parents also is meant all that have authority over us wherein the King is included and upon the 5 Chapt. of Deut. 16. verse upon the same words glosse thus not for shew but with true obedience and with due reverence and upon the 15. Chap. of Matth. and 4. verse where our blessed Saviour reproves the Jewes for not observing this Commandement by offering their Corban which in their case was much like this Negative Oath in ours saith thus unto them Honour thy father and thy mother and he that curseth father or mother let him dye the death but yee say whosoever shall say to father or mother by the gift that is offered by me thou maiest have profit though he honour not his father or mother shall be free thus have you made the Commandement of God of none effect by your traditions O hypocrites Esaiah well prophesied of you saying This people draweth neare unto mee with their mouth and honour me with their lips but their heart is farre from me but in vaine they worship me teaching for doctrine mens precepts The Geneva notes say that by honour is meant all kinde of duty which children owe to their parents and what that is both Arias Mountanus and Vatablus upon the same place interpret that Honarare est omni in memento supportare vel sustentare to honour is to support and helpe
Lord and King Therefore this Oath is against the Law of Reason Lastly whereas the Law of Reason is never changeable by any diversity of place or time and whereas mine Allegiance is due to my Sovereigne in all places in all cases and at all times I am forbidden by this unchangeable Law to change so unchangeable and unalterable a duty by such an unwarrantable Oath in these changeable times To conclude all in this point as it is against reason to take this Oath so it is against reason to require it of me for it is most unreasonable to offer any Christian man such an Oath as that by taking of it he must by perjury and sin of presumption as he is perswaded destroy his soule or by refusing of it because it is against his conscience to take it either by perpetuall imprisonment or starving destroy his body and estate And it is likewise most unreasonable for any men to offer this Oath to another that have not taken it themselves for by the rule of the civill Law l. in Aren. Quod quisque which is a branch of the Law of reason Quod quisque juris in alium statuerit ipsum quoque uti debere No man ought to impose a Law upon another which he himselfe hath not submitted unto I come now in the next place to make it appeare that I cannot take this Negative Oath with a good conscience Conscience as Doctor and Student well observes l. 1. cap. 15. T is the direct applying of any science or knowledge to some particular act of a man and of the most perfect and most true applying of the same to a mans particular actions follow the most perfect the most pure and the best conscience which enabled St. Paul by his right applying of the Law of God to the Actions of his life with confidence to plead his cause before the Counsell and to cry out men and brethren I have in all good conscience served God unto this day Acts 23. 1. And in the 24 14. being accused before Felix by the Jewes saith But this I confesse unto thee that after the way which they call heresie so worship I the God of my Fathers beleeving all things which are writ in the Law the Prophets And herein I indeavour my selfe to have alwaies a cleere conscience towards God and towards men whereby it is cleerly proved that the applying of the Scriptures and the knowledge of divine truth to the actions of ourlives is and ought to be the only direction to our consciences It is expedient then for the clearing of this point that I should set forth and consider the actions of my 〈…〉 to this particular which concernes some Allegiance ●●●● then I doe well remember that when I was matriculated in the University I was sworne to be a faithfull and true Subject ●o the King and to beare him ●●ue Allegiance Secondly I have taken th●… of Oath which I have particularly s●● downe before th●● I w●… and ●●●● bear● to him of life and m●… and terre●… Thirdly I have foure times taken the Oath 〈…〉 enjoyned by the Statute of 1. Eh● cap. 1. and three 〈…〉 Oath of Allegiance enjoyned by the Statute 3 Iac. cap. 4. It rests now that I should apply that divine knowledge and science which I have obtained ●y reading of the Scriptures to th●se actions First then an Oath is to be carefully weighed before we take it ●…ch as 〈…〉 duty towards our King and 〈…〉 E●●les 8 ● Ec●… Pre●c●e● adviseth me thus 〈…〉 of the ●●o●●h of the King and to the Oath of 〈…〉 upon which plac●… thus gl●sse that is ●… King ●●● keepe the Oath that thou hast made for that cause 〈…〉 Zachary gives us this commandement from God Zach 8 17 ●●t none of you imagine evill in your hearts against his neighbour and love no false Oath for all these are the things that I hate saith the Lord And our blessed Saviour in his Sermon in the Mount Matth. 5. 33. Delivers me this prec●p Thou shalt not for sweare thy selfe but shalt performe thy Oathes to the Lord By applying of these Scriptures to my former Oathes I finde I cannot take this Negative Oath without a great sinne against God and trespasse against my conscience for having bound my selfe by so many severall former oathes made to my King to pay unto him mine Allegiance faith and truth to him of life and member and terre●●● honour and acknowledged him to be supreame Governour of this Realme how can I now withdraw mine Allegiance from him or sweare that I will not aide or assist him o● adhere unto him by this latter without manifest perjury breach of myne Oath to the King and by taking of a false Oath or the name of God in vaine by a questionable authority imposed upon me contradictory to those Oathes which by undoubted and lawfull power agreeable to the Lawes of God and the Realme I have already bound my conscience to the observance of It fareth not with us in Oaths as it doth in cases of Lawes Quod Leges posteriores priores contrarias abrogant That the latter Lawes repeale the former that are contrary unto them for in the case of Lawes the rule is admitted to bee true where both are constituted and made by the same power but it is cleane contrary in the case of Oathes for when a man hath taken a lawfull Oath by and from a lawfull authority though it be grounded upon humane or positive law onely as upon a Statute or the like that Oath is binding to his conscience untill the Statute that injoynes that Oath be repealed by the same power that made it and if he afterwards take a contradictory Oath to that former Oath before such repeale and a lawfull authority to take the same that Oath which he so takes is both unlawfull and false unlawfull in that it is against the law that warrants the Oath he hath before taken and false in regard that he ingages himself by that Oath to performe that thing which by the Law of God and conscience he is not enabled lawfully to performe so that till the lawes that impose upō me the Oathes of Supremacy and Allegiance which I have taken be lawfully by the same power as they were made that is to say by the King Lords and Commons by Act of Parliament repealed And this Negative Oath by the same power of Act of Parliament imposed upon me I cannot submit my conscience to take that Oath without perjury and falshood Againe when a man hath taken an Oath to performe that which by the law of God and nature he is bound to performe as to obey his King or to honour his Father and Mother this Oath can never be abrogated or dispensed withall nor a man absolved from the duty of observance of it by any power under heaven and therefore if I shall take any Oath contradictory to the former Oathes of Allegiance and duty to my King which