punishment for so great an Offence And this they have since seconded in sundry other Declarations and Impeachments Fourthly For that most notorious falshood of his because his Excellency and the Councel of war crave that justice may be done to say It is the foule and black design of a few unbeleeving people I let it passe the Lord I know will rebuke him for it For as in this so in all the rest he manifests himself to be one of that number who have said with our tongue we will prevail our lips are our own who is Lord over us But for the persons upon whom you have laid so grievous an aspersion this is their comfort and rejoycing in the Lord that as God knowes their hearts so he knowes the sincerity and singlenesse of them that they look at his glory in seeking after the publick good As the clouds can neither lessen the light of the sun nor let the course thereof because at the last they are scattered by the heat of the sun which shineth out most comfortable So the innocency of their persons and justnesse of their cause shal disperse and drive away all black clouds of calumniations and the mouth of him that speaketh lies shall be stopt Now we come to the great work propounded in the Remonstrance That that Capitall and grand author of our troubles the Person of the King may be brought to Justice for the Treason Blood and Mischief he is there guilty of Here I find Mr. Sedgwick in his answer to say very little to it But 1. That no Law takes hold of the King 2. The crown is his birth-right and inheritance for the rest it is either a justification of the King as to be better then they or bitter reproaches Because this is a high subject and a businesse a foote I shall therefore speak the more largely to it not de facto but de jure for the Treason Blood c. laid to the King I shall leave that charge to others more concerned in it only I shall shew what justly and lawfully may be done in such a case And for the Readers clearer information and better understanding of the point I shall here assert 5. things First That there is a supream and Soveraigne power alwayes residing in the people above Kings Secondly That all Kings in all places and at all times have been and still are subject to and under Law Thirdly That the people have the power not onely to call their Kings to an account but to censure and remove them for their tyranny and misgovernment Fourthly That no nation is so tied to any form of civill government but that it is lawfull for the people to alter it into another form or kind upon occasion Fifthly That amongst all the formes of civil Government Aristocraticall or popular is best and safest for the people For the first That every Magistrate be he Emperor or King is inferior to the whole Kingdome and people it may plainly be demonstrated 1. Because he is not only their servant but creature too being originally created by and for them now as every creator is of greater power and authority then its creature and every cause greater then its effect so the authority and power of the people which creates the Prince and his princely power and enlargeth limits or restrains it as there is cause must needs be greater then the Prince or royal power And though Principallities as generally considered be of God yet the constitution of Princes and their severall degrees of power are meerly from men hence it is that Peter speaking of Kings and their supremacy cals them {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} every creature or ordinance of man 1 Pet. 2.13 because originally instituted limitted and continued by and for the use and service of the people whose creatures as we said ministers and servants they are and ought to be and from them receive their whole jurisdiction power and authority Besides howbeit principallities as generally considered be indeed of God yet the constitution of all Princes and their severall degrees of power are meerly from men and this cannot with any shew of reason be denied For if the regall authority of Princes were meerly from the Law of God and nature it should be the same and like it self in all Kingdomes but t is not the same and like it self in all kingdomes but as every people please and make a free choise of neverthelesse every form and kinde of government is equally lawfull and good in it self whether Monarchy Aristocratie or Democratie as all on all sides doe acknowledge 2ly It is a thing neither probable nor credible that any free people when they voluntarily incorporated themselves into Kingdomes of their own accord set up an elective King over them that there was such stupidity and madnesse in them as absolutely to resigne up their soveraign and popular power authority right to Kings and their heires for ever to give them an entire full and incontroulable supremacie over them and so to make the creature inferior to the creator the derivative greater then the primative the servants more potent then themselves and thus of free men to make themselves slaves and for their more safety to be more enslaved But the contrary appears by the peoples constant practise in all ages as we shall manifest hereafter But admit which with sence cannot be imagined that such a thing had been so yet the Fathers could not take in their posterity with them neither oblige them any way in point of equity and conscience to confirm and observe what they foolishly had done but their children afterwards might lawfully yea and ought to stand fast in the liberty which the law of God nature and nations had made them free and not be entangled in the slavish yoke and bondage of their fore-fathers Hence Amesius in his cases of Conscience lib 5. cap. 22. Qu. 2. resolves that all fatherly power is in procuring the good of children and shewes in the next cha. That liberty in naturall estimation is next to life it self and of many preferr'd before it 3. Common reason Law and experience manifests that the whole or greatest part in all publick or naturall bodies is of greater excellency power and jurisdiction then any one particuler member Thus in all corporations the court of Aldermen and common-councel is of greater power then the Major alone though the chief officer so the whole bench then the Lord chief Justice and the whole Councel then the President And it is Aristotles expresse determination Polit. lib. 1. cap. 2. lib. 3. cap. 8. lib. 4. cap. 8. what forme of government soever it be whatsoever seemes good to the major part of the people that is more excellent and to be preferred before any part or member thereof and that it is unfit the part should be before the whole and he gives for it his reason thus The people know what is profitable necessary
but of yesterday Sundry Histories and Authors might be produced to manifest that Emperours and Kings not only have been restrained for their Tyranny and misgovernment yea for not committing the evil which this king hath done Take for instance his name sake Charles the Ninth King of France four or five several conclusions of Peace were solemnly made and ratified between the King and the Protestants but no sooner made and proclaimed but presently violated of the King and the popish party by massacres and and new treacherous plots to extirpate the Protestant party so that every accommodation proved but a seminary of a new and more bloody war almost to the utter ruin of France In the year 1592. when a publick peace was made and all differences to outward appearences buried in eternal oblivion the King contrary to his faith and Oath caused the Admiral of France the Protestants cheefe piller as he departed from the Counsel to dinner to he shot with a Harquebuze which carried away the forefinger of his right hand and wounded him in the left arm The King to colour his treachery swears with an excreation to the King of Navarre and others who complained of this outrage to take such exemplary justice on the offenders as the Admiral and his friends should have cause to rest satisfied command them to be pursued appoints three of the Parliament to make Information against them protests after this again and again to be exeedingly sorry that this Act touching His Honor that He will be revenged for it so as the memory of it should remain for ever writes to Governors of the provinces chief towns and Magistrates that He would take such order as the Authors of so wicked an Act should be known and punished And to His Ambassadors to forreign Princes That they should make it known to all the world that this Outrage did displease Him And for the Admiral's safety He commands the Captains of His Guard to give him as many of His Guard as he pleased to suffer no Papists to enter his lodging and adviseth all the Gentlemen Protestants then in Paris to lodge about the Admirals lodging But all this Court Holy-water was only to keep every bird within his own nest and a pitfal to entrap the chief of the Protestants for the same day after dinner the King and Queen mother the Duke of Guize and others take counsel to murder the Admiral and all the chief Protestants the night ensuing not only in Paris but thorow out all France whilest they were sleeping in their beds Which most tyranical barbarous Tradgedy was accordingly acted the Admiral slain in his lodging and his head cut off carried to the King and Queen mother who causing it to be embalm'd sent it to the Pope and Cardinal of Lorrain for an assurance of the death of their most capital enemy all the Protestants Noblemen and Gentlemen lodging in the Admirals quarters undergo the like Butchery the streets of Paris are strewed with Carkeises the pavements market-places and river dyed with Protestant blood about ten thousand of them being thus treacherously massacred in their beds at such a season when they thought themselves most safe and that on the Lords own sacred Day a very unsutabe time for such a bloody prophane infernal sacrifice No sooner was this matchlesse treachery of this King against his own natural subjects executed but He avowes and justifies that which he but the day before so solemnly and openly disclaimed as a means to cut off al commotions for time to come of which we shall say more in its proper place 2. He brings forth their main evil surmisings as he cals them as how apt Princes are to break such accommodations and how easie it is for them Page 29. his answer hereunto is that they are pursued with fear and wrath on every side Answ The simple beleeveth every word but the prudent man looketh well to hi◠going Do they in the Remonstrance manifest a jealousie and fear what have they now done is there not a cause for who knows not that it hath been the continual practice of all such Kings when they have quieted the people by an hypocritical and feigned yeilding to their proposals and gotten themselves into the Throne again to pick quarels make breaches and commit greater outrage and insolencies than ever they did before without regard of faith or oath Hear what Mr. Prinne saith to this thing in his Soveraign power of Parliaments Part 2. page 34. It hath been saith he the constant practice of most of our Kings as John Henry the 3. Edward and Richard the 2. with others who after war and differences with their Parliaments Lords and Commons upon ACCOMMODATIONS made between them assoon as ever they got possession of their castles Ships Ammunition seized by their Subjects break all Vowes Oathes Covenants made unto them oppressing them more than ever enlarging their own prerogatives and diminshing the subjects liberties yea taking away many of their lives against law oathes promises pardons on purpose to enthrale them which still occasioned new Commotions And a little after brings in this Observation Well then might the Royal Prophet give us this Divine caution Oh put not your trust in Princes Surely men of high degree are already laid in the ballance they are altogether lighter than vanity both in their oath and promises Again This same Mr. Prinne in the Appendix pag 74. Commends it as a Maxime held by the Nobles of Alphonso King of Castile a cruel and treacherous Prince That a Tyrant being offended will at some time revenge himself and therefore they MUST NOT TRUST HIM UPON ANY RECONCILIATION Thirdly For the rest 't is only his Prophesie touching the restitution of the King to His antient rights How his suffering hath made him a Royalist that never cared for him mark it Reader who taught him that the poor suffering oppressed King and His Partie shall have his compassion and for the Army they are upon foolish wayes hope for nothing but deceit and falshood and treachery fear compasseth them about on every side like Cain safety flyes from them God looked upon them every way with sadness and wrath and much more of this language But I have metwithit so often as I am now quite tyred out I am glad that His Excellency and the Councel of Warre can so patiently bear it t is a great adition to their goodness and largenes of spirit The Eagle being provoked by the night-crow with her clamorous noise and screeching to fight yet will not stir up to battle howsoever the crow be too weak for her And ti is attributed to a Horse as his praise and acting argueth great courage and mettle to him when dogs bark at him and run after him he will not turn against them but runs forward as if he neither saw them nor heard them although he can easily trample them under his feet· For the other particular which is a large praising of himselfe
grievous crimes and miscarriages with his partie not having any thing at all to gainsay the truth of the relation to vilifie and reproach the reporters 5. In sending us to his book we take good notic of it and what he there saith of the rich mercy to the King and his party and from it do observe how extremly he is carried away with vain fancies and publishing idle dreams to the world The Spirit speaketh expresly clearly and with fulness of certainty which evidently demonstrates that in these things he speaks not by the Spirit of God seeing his words fall to the ground In page 19. he begins to take into consideration some grounds laid down in the Remonstrance why the King is not to be received again to peace nor restored to his Office and dignity and promiseth to let them see how much their injustice is against God and themselves in that which they profess for justice 1. Saith he you insist upon this pag. 24. God hath given him so cleerly into your hands to do justice and afterward God hath given a double judgment against him c. and pag. 5. God makes hast to judgment and hath appeared at a severe avendger To this his answer is The King is the greatest sufferer in the kingdom hath God judged him and why wil you not submit to his judgement will ye take it out of Gods hand when did God chasten or judge men then give him to men to chasten again or when did Gods people fall upon punishing after God hath done it is God weary or remisse that you would have men take it into their hands Ans. 1 It is a bad consequence because a man hath bin a great sufferer therefore no more should be inflicted God punished Phaeraoh many wayes and greatly too yet he hardening his heart had afterward heavier sorer and deeper plagues 2. Men in the execution of justice upon offenders take not judgment out of Gods hand but rather indeed are Gods hand in the work 3. When God gave in a witness against Acan that he had troubled Israel howsoever that was a Divine punishment upon him yet did the people afterwards stone him to death and so the Lord turned from the fierceness of his anger 4. What weariness or remisness in executing judgement do men impute to God who having by his providence cast into their hands a principal offender if they according to his desert proceed to justice against him The truth is in his Answer there is not one word that comes directly home to the matter for which he brings it Secondly he saith You argue page 24. no remorse appearing proportionable to the offence if that could be seen you would regard it with a proportionable tenderness towards him Again you say There is no change of heart no repentance no free nor full yeelding to all the parts of a publick and religious interest This he refutes thus Herein you destroy and deny that free mercy of God upon which you have lived a long while manifest that your profession of the Gospel was indeed but in letter not in power God loves first before we can but you must receive good before you can give you know not the heart nor can you judge of the Kings principles they are too high for you If he should turn to you he should be but seven times more the child of the Devil Howsoever Mr. Sedgwick for his own turn takes some broken pieces of the Remonstrance and toucheth not the strength of the matter yet so much he takes out as he cannot answer But to the point 1. It is agreeable to Gospel truth and walking in the power thereof for Saints upon just occasion to lay open the unrighteousness of men and to endeavour that punishment may be inflicted whether it be in an eclesiastical or civil way 2. Observe the loosness of his arguing God loves first What 's the inference therefore offenders as murderers thieves c. ought not to be punished 3. If I see and tast the fruit I can easily discern what the tree is without digging to the root He tells us page 31. The speech sheweth what is within and cites Matth. 12.34 35. hence we may undoubtedly conclude that men apparently and visibly wicked are corrupt and unfound within 4. What the King's principles are which are so mysterious and deep we search not after them his known principles are known to be dangerous and destructive to the Nation he holds them without change or amendment 5. Is Mr. Sedgwick in good earnest and speaks as he thinks that the King should be seven times more the child of the Devil if he should turn to the Army What! in a condition better than they yea seven times better surely then they are very bad In pag. 12. he saith He understands not the utmost of the religion they walk in This seems to make the accusation the more probable but many others lesse prejudiced against the Army and better principled in religion know 't is false and that they are as holy and pure in conversation as he himself howbeit with lesse noise sound not a trumpet before them as the hypocrits do Thirdly He brings in the Remonstrance arguing against the accomodation because there is no equal ballance of affairs page 24. your meaning is saith he as you often express the King's forces are wholly subdued Here he is short Noble enemies require no more but to get their enemies into their power then they shew mercy for this he brings Elisha's example 2 King 6.22 and add how the Lord never brings us down but that he might restore us and lift us up again Ans. 1. It is sometimes so far from commendation to spare an enemy gotten into our hands as that not to do justice upon him exeedingly displeaseth God To omit many instances 't is memorable in Ahab's case what sad tydings the Prophet brought him for letting Benhadad to escape Thus saith the Lord Because thou hast let go out of thy hand a man whom I appointed to utter destruction therefore thy life shall go for his life and thy people for his people 1 King 20.24 So Saul his sparing of Agag when he was in his hands was one cause that the Lord did rend the Kingdom of Israel from him Again what hath been more frequently practised by noble enemies than severity and justice upon such as they have gotten into their power who of all the Kings of Canaan taken in war by Joshua were not afterwards by his appointment put to death So Samuel did Agag and Jehu Ahaziah King of Judah 3. Touching Elisha's example in sparing the Syrians it teacheth us thus much that in our own cause we must render good for evil and if our enemy hunger feed him and from his words to the King of Israel we may gather that men used not to kill such as in the field were taken captives and stood not out in hostility But there is nothing from the place to be
collected that justice may not be executed upon some offenders for special and notorious crimes whether subdued in war or taken any other way Fourthly The often caused war to maintain his interest against the publick interest this constantly and unweariedly So the Remonstrance At this Mr. Sedgwick grows angry and fals into passion You lye grosly saith he But wherein These things which you propound were never thought of in the begining of the quarrel The Parliament alwaies professed never to alter the Government to protect the King's Person c. Afterwards we have something said in scorn of their present form of government with his fiction and dream touching the King Ans. 1. Touching the time when some things are to be proposed it is the necessary occasion which must alwaies be considered In civil affairs we see what at one time may be born others afterwards upon just and good ground may abolish and take away or otherwise we should deny men the use of their sense and reason Secondly We know it is no Parliament principle that their votes and agreement should be taken as the Lawes of the Medes and Persians which altereth not their constant practise is to alter and change as they see reason for it and therefore it is the weakest reasoning that can be to argue the Parliament voted so and so therefore it must stand For instance the Prelates with their courts cannons service-book and other dependances are abolished and that by vote of Parliament now put case they should be which God forbid again re-established aske of a Royallist if there might not be enough said to justify the Parliament in this latter act Thirdly For the odium and disgrace which he puts upon their present form of government calling it a headlesse monster a hoddy-doddy an all-breach able to affright solid and serious men to their armes and if he should fight against any thing he should fight against it and pag. 12. brats of their own brain Jn reading this it makes me thinke how Nichomachus in Plutarch very fitly answered an ideot that could see no beauty in the famous Helena painted by Zeuxis take my eyes said Nichomacus and you shall thinke her to be a goddesse J will not here speak how treasonable his words are as moving strongly to rebellion and to raise a new war and to cause commotions again in the land But J see t is true In the multitude of words there wanteth not sin and he that refraineth his lips is wise Fourthly He should have cleared the King of the things laid to his charge as to have been the author and contriver of a most unjust war and is consequently guilty of all the innocent blood rapine spoyl and mischief to the Kingdome as in the Remonstrance pag. 24. adde the losse of Rochel in France by his lending ships to the French King and the Isle of Ree and Cales voyage and the ground and reason of the quarrel How he endevoured to stir up factions and differences between the honest party in England and Scotland that he might take advantage by such division his open declaring in Parliament that he owes no account of his actions to none but to God alone What hath beene reported about his Fathers death and Marquis Hambleton his designe in bringing up the Northern Army and his large offers to the Scots Army to be brought up to London to awe the Parliament his usuall breaking of his promises protestations oathes as in many particulars might be named his sending over the Jewels of the crown to be pawned by the Queen for powder and ammunition to fight against the Parliament and the Priviledges rights and liberties of the subject How he made 1500 widdows in one morning as Mr. Henderson told him And concerning Ireland how clear it is by many severall passages and by the examination of Mar-carte and Macquire c. that the pretence of men for the King of Spaines service a year or two before the rebellion in Jreland was but a colour to keep some in armes for a foundation of that rebellion how the Jrish rebels call themselves the kings and Queens Army the first clause in the oath injoyned by the supream catholick councell at Kelkenny in Jreland was to maintain his royall prerogative against the puritants in the Parliament of England Jn one of his letters taken at Nazeby he commanded the Earle of Ormond to give particular thanks to Mustarre and Planket the two Arch-rebels in Jreland so divers of the Jrish rebels had private passes from the King for the heading of the rebels there J Iet passe loans shipmony monopolies Knighthood inlarging of forrests inclosing of commons ingrossing of gunpowder his unparrell uxoriousnesse and affections to the Queen and compliance with the Pope c. Now all these things Mr. Sedgwick should first have answered before he should have affirmed Jf there be any reason for a Prince to take up armes against his subject he hath and why so because there attempt is to destroy the King and overthrow the very foundations of Government and a little before the life of the King and his posterity is aymed at Answ The premises granted to put him by is a thing lawful and necessary of which more hereafter And this may be done without destroying the very foundations of government unlesse by foundations he means some particular form or kind of government but that is not proper to say for the foundations of government is indeed that absolute entire and independant power residing alwayes in the people and this foundation cannot be destroyed J meane the right and habit of it though the use and exercise may be wrung'd from them so that to change and alter in respect of the forme or kinde of governments by vertue of the said power it is in the peoples liberty whensoever they see just cause and reason for it Fiftly For the rest which is first reproaching the Army as to be their designe only to attain their end malice ambition and revenge And secondly That the King shall put all into Gods hand and shall receive it again in the life and glory of God This is capable of no other answer but reproof and pitty To follow Mr. Sedgwick in his own order next he comes to answer pag 26.27 c. which is the second part of the question and a second reason against accommodation The safety of an agreement here he takes some words out of the Remonstrance That the King hath forfeited all his power into your hands that the people are free to make the best advantages and pag. 27. having him and his party captivated and in their power Reader I professe unto thee in the word of truth here I have read over some leaves and have done my best to see what is in his answer but for severall pages together as 23 24 25 26 c. I finde nothing therein for I esteeme not his calumniations rash-judging self-prayse as any thing and for this be
thou thy self a witnesse Saith he We have all this while to justify our selves in this war said that our war was but defensive and if it prove otherwise we must repent of it Answ It is not alwayes a fault to change from a defensive to an offensive way and course A man being set upon by a highway-robber or pirate at sea may at first resolve only his owne safety and yet afterward seek to wound and kill the enemy and justly too To apply this when the war first began betweene the King and Parliament it was unknown to us what murders massacres and spoyles he would commit in and upon the land and people Again his former perfidiousnesse treacheries and destroying plots were not then so publickly and clearly understood as since and therefore no marvail there is a change from defensive to offensive seeing he hath given the cause and so no argument of lightnesse hypocrisie self-ends in persons thus changed Secondly He is large in giving out what was in their mindes when they began the war That the King and His party were wicked men not fit for the places and power they had they were Saints and no body fit to rule but they glad when the Parliment tooke armes thinke themselves the onely true Lords and except the King would become one of their Saints c. Answ It was a reason which Elias layd down why he was willing to die I am no better then my fathers for men eminent in grace gifts office c. to have things laid to their charge which they never knew it hath been practised in all ages Mr. Sedgwick is not the first that hath bent his tongue like a bow against the godly this way Tiberius on a time hearing certaine persons speaking unreverently of Augustus acquainted him therwith to whom Augustus answered let it not trouble you Tiberius that any man speaketh ill of us it is sufficient that no man is able to hurt us Gods presence with and protection for the Army is such as bad tongues cannot hurt them neither darken their splendor and beauty in the eyes of honest and godly people 3. Next he blames them in saying This miserable inconvenience of a Treaty this insnaring Treaty and because they call it a preposterous and self-deserting way pag. 27. And hence he takes occasion to tel them that they have defiled their cause count all their owne because they have fought for it they are no Saints yet he scornes that cause that is subject to ruin and destruction Answ. 1. What is said in the Remonstrance touching this last Personall Treaty is true enough for who but Malignants and Papists were the first contrivers and abetters thereof The Lord Goring in his former intercepted letters could tell us so much that if the King could cudgel the Parliament into a Treaty the King had brought his designe to perfection and t is reported of the King Himself that he should say if such a thing could be brought about then it should not be in the power of men or devils to hinder him from bringing all his designes to his own hearts desire Secondly For men to act for publick rights and to hinder wicked designes is no base and accursed way but an approved path walked in by the Saints in all former ages Thirdly It is not faith but fancie when God gives in meanes and wayes of preservation and safety not to observe the providence in the carefull use of them Fourthly He chargeth them to be of a base and poor spirit and unbecomming Christian Souldiers to speak of persons ingaged the party adhering and to think the King will be revenged on them for their eminent activity against him It is saith he a principle very destructive to continue the disturbance of a nation to save our lives afterward he shewes what he would doe himself in such a case Answ. 1. It is easily observed what is the main drift and scope of his whole dicourse in many pages here together namely a direct crossing and contradiction of Christs counsel Be ye wise as serpents and harmelesse as doves but according to his principle a man cannot be a sheep unlesse he runne himselfe into the lyons mouth nor a dove without falling purposely into the snare Because the Army to the doves innocency joyn the serpents prudence that is seek to avoyd danger so far as lawfully they may hence he cryes out Feare a snare and the pit have taken hold of you I laugh at your destruction and mock when your fear comes you are no Saints you live not in God c. as if a provident care of safety stood not with the fear of God Demosthenis upbraiding the Athenians with improvidence and incircumspection presented to them an innocent fool who being struck on the one cheek laid his hand on the place where he received the blow and being smitten on the other did the like never using either of his hands to defend himself from further blowes Such ideots and blocks Mr. Sedgwick would perswade men to be take blows and stand still and never seek to avoid the stroke though God have put means into their hands and may lawfully escape the danger But Secondly It is a great mistake of Mr. Sedgwick to think that continuance of the Army is destructive to the Kingdom and that their disbanding would be for the peoples peace good welfare he harps often upon this string whereas there is nothing more cleer than the contrary Thirdly For the rest of the answer 't is only what he hath and what he can do propounded in four heads and I passe it over if any man can make use of it much good may it do him From pag. 27. to 37. we have a tyresome discourse of two things The Armies badness and his goodness their fear his faith 1. Whereas it is in the Remonstrance We might chalenge all story for one instance in the like case howsoever he grants a good use of story yet in them it is a dull thing c. Ans. 1. I never observed this principle before Because men profess the Kingdom of Christ and have a light of truth and justice that therefore they should be uncapable of the use of former story doth Religion take off from a Christian because a Christian what is proper to every man as a man moral civil natural 2. If there be a good use of story as he grants then might they at this time well challenge it reasoning the greater to the lesse as thus If all Nations keeping their interest and proceeding according to equity and justice have upon fewer and lesser crimes refused personal treaties with their Kings and called them to an accompt and done justice upon them according to their facts there is all the reason in the world that the like be done to this King whose exorbitances and enormities are beyond most parrellel instances Enquire saith Bildad of the former age and prepare thy self to the search of the fathers for we are
them after the fathers death should he be a fool a knave a madman a tyrant either such a thing was never meant or if it were ever so such people therein shewed themselves either to be fools knaves madmen or children as doing a thing against all reason all right the manifest law of God and very light of nature And this we further add That whatsoever covenants or contracts have been between former Kings and our Ancestors about succession and what acts of Parliament laws statutes they have made about it they are no way binding to us neither are we thereto related or concern'd in the same If two men make a contract together that the son of the one shall marry the others daughter if these children be under age they have liberty and power especially their fathers being dead to do as they think good being come to age neither doth that pre-contract binde them but they are still free and may dispose of themselves as they see good that is they have liberty and power to marry any other if they see it more convenient and necessary So I confidently affirm whatsoerer Crown Contract hath been made by our forefathers in our non-age pitch where you will touching this succession we have our liberty to take or refuse and are in point of conscience no more bound to crown the heir of William the Conquerer Henry the Eight James the Sixt of Scotland or this King Charles than any other man but if we will to be like other nations still have a King such then is our liberty and freedome now that we may yea and ought to elect and crown such a one whom we shall find to be best qualified and fittest for us Now we come to the next general Head That Kings are and ought to be bound by Lawes and are not to be exempted from them I shall not at this time shew the flattery and vanity of some Sycophants and Parasites who affirm that people may not prescribe any law to their Prince that Kings are above law Now touching that senselesse distinction of Bodin and others who hold that the Supream Magistrate howsoever bound to the laws of God of Nature and Nations yet are free from all Civil laws prescribed by themselves nor that Court destinction between Law directive and coactive what Kings should doe and what Kings may do This I say with Pareus Superior Magistratus est subjectus legibus divinis suae republicae The supream Magistrate is subject to Gods laws and to the lawes of his own Common-wealth Comment in Rom. C. 13. dub 6. yea more strictly obliged to observe his own lawes than subjects and departing from the law becomes a Tyrant and therefore the whole kingdom which is above the King may not only bind him by laws but question him and punish him for the breach of them And this is a most certain truth howsoever by some slavish pens opposed that all Kings are so far bound to the laws and customs of their kingdoms that if they violate and alter them at their pleasure they may truly be called Tyrants according to Aristotle and herein absolve their people from their aleagence which they have made unto them Take for instance the united Netherland Provences who for this very cause did declare Philip King of Spain to have fallen and cut himselfe off from the Seignorie of the Netherlands and caused a new form of an oath to be drawn in manner of an abjuration of the King of Spain every one swearing duty and obedience unto the Estates by the publick officers and magistrates of every town and province the which thing was and still is by all Protestants and reformed Churches justified and approved lawful I could here set down many such examples of other Nations who by their lawes required their Kings to be subject to their lawes aswell as any other yea all nations except where tyrants have reigned have alwaies had some lawe to restrain their kings from excesses and abusive courses Besides all good Emperours and Kings in all ages have professed and practised the same Trajan acknowledged that the Prince was not above law and giving the Sword to any Praetor or Cōmander he would say Hoc gladio contra me utitur si in rempublicam peccavero The like said Theodosius and Valentinian Emperours Digna est vox Majestate regnantis in legibus alligatum se Principem profiteri lib. 4. cap. d. leg. prin So Antiochus the Third King of Asia is commended that he writ to all the Cities of his kingdom If there should be any thing in his letters which should seem contrary to the Laws they should not obey them These men knew it is God only that may do in heaven and in earth what he pleaseth as for man whether Emperour or King he is under law and therefore must do nothing but what is lawfull just and right And for more authentick proofe we could produce the Kings of Israel and Judah who had no arbitrary power to do what they pleased nor exempted from laws but inferiour too and obliged by them as well as subjects this is evident by sundry impregnable texts Deut. 17.18 19. Josh. 1.1.8 1 Sam. 8.11 to 19. and 12. 14 15.20 c. Ezek. 46.18 The Jewish Doctors from these words I will visit their transgression with the rod of men and with the stripes of the children of men 2 Sam. 7. write that it was a custom in Israel If their Kings transgressed against the law of the King they were to be scourged for it But the question is not so much whether Kings are under law for this now begins now to be generally granted but the question is If Kings do break law what 's their punishment and who shal do it The answer to this belongs properly to the next point yet something I shall say to it in this place For my part I have not yet seen in any mans writing new or old though never so great a Kings-man any cleer and convincing reason that seeing Kings are subject to laws both the law of God and of men wherfore they should have any immunity or be priviledged from punishment appointed by law to such and such offences more than other men Plainly thus If King or Prince be a Murderer a Traytor a Pirate an Adulterer perjured c. why the punishment due to other murderers traytors c. and for the like crimes inflicted upon them should not be executed upon the other King or Prince what the custom hath been or what partial laws foolish ignorant men have made I count as nothing let reason justice Divine precepts be considered Hence let us take light and information First as for the law of God it goes generally and takes all in quisquis siquis quicunque whosoever if any man what mansoever if a murderer an adulterer c. let him die the death Kings and Princes are not here exempted And Secondly In the point of Justice 't is
have done had not the people power to hinder censure and depose them for their sins It is said of Amaziah King of Judah 2 King 14.19 That they made a conspiracie against him in Jerusalem and he fled to Lachish but they sent after him to Lachish and slew him there not privatly but openly as acted by publick authority for his great impiety as having broken his oath and covenant whereupon we reade not of any complaint inquisition proceeding or punishment inflicted on those that slew him after his death either by the people or his children as there was upon those that slew king Ammnon but being slaine they to wit the persons who had put him to death brought him on horses and he was buried in Jerusalem and all the people of Judah made Ahaziah King in his stead Which plainly shews that what was formerly done by the greater part of the States at Jerusalem was afterwards confirmed by common consent and executed by command of those which might lawfully do it Fourthly For examples all histories are full nothing more frequent than to reade how people having the supream power would judiciously convent censure depose yea and judge their kings to death for their evil and wicked courses Thus amongst the Romans the Senate and people together proceeded against Nero Julianus Vitellius Maximinius Heliogabulus c. I speak not of Traquin the proud expelled the kingdome by the people So other Emperours likewise being found unfit unable to govern the kingdom have been deposed and others elected and crowned in their stead as Cbilderiek Charles the third Justinus the second Wenceslaus all put off and Pepin Arnolph Fiberius and Rupert Count Palatine of Rhine chosen and set in the Empire The Cumaen State usually arraigned and punished their Kings juditially if they saw cause Thus the French by authority of a publick Councel through the prudent care of the officers of the Realm deposed Childerick the first Sigebert Theodorick and Childerick the third So Gyl for his grievous taxes and other miscarriages they chased into Soysons Theoduricus because he vexed and oppressed the people was by the authority of the State deprived of all dignity Touching the Kings of Spain we shall finde in Histories and good Authors that frequently for their tyrranny and misgovernment they were deposed by their subjects as Theo-discle the tenth Vttiza and other Gotish Kings as infamous monsters were chased from their thrones So Don Pedro the first Ordogno Alphonso the great Astronomer kings of Castile for their cruelties murders and treacheries all rejected and deprived of their Realms Ramir of Leon and Garcia King of Gallieia both deposed for their vitious and base doings In Hungaria Peter the second and Solomon the first to omit some others for their great insolencies and injustice were both deposed the first afterwards banished and the other kept in prison till he died So the Bohemians deposed and banished Boleslaus Rufus Berzinogius Sobeislaus Vladislaus and twise imprisoned Wenceslaus for his drunkennesse neglegence and cruelty In Poland the people have deposed imprisoned or expelled out of the kingdom many of their Kings for their oppressions and injustice as amongst others Miesco their second King Boleslaus his son Myoslaus Henrie c. Neither have the Swedish Kings been used otherwise but for their cruelty treachery and tyranny have been thrust out of their thrones and Realm by the people as Halsten Aminander Burgerius Magnus Henry Christierne the first and second and others elected and crowned in their stead So in Denmark Humbus Ericus Christierne father and son censured and deposed by the State for their licenciousnesse and misgovernment Not to mention Canutus Magnus Suano put to death by the people I passe over Canades King of Persia Dionysius the younger King of Sicile Timocrates of Cyrene Andronicus Emperour of Constantinople by the people rejected upon just cause For Scotland If George Bucanan and others of their own Historians write truth as there hath seldom ever bin good King thereof so very few of them begin with this mans father and so go up that ever died an natural death But touching the point in hand how frequently the Parliaments and Nobles there have questioned their Kings imprisoned deposed yea judicially censured them for their tyrannies oppressions whoredoms murders falshood and evil adminstration you may see at large in the aforesaid Bucanan some I have taken out of him as Durstus and his sons so Dardan Luctack Conarus Ramack Fereuhard Euginius Constantine Ethus Donald Lugrac Megal Edward Baliol James the third all these have been sentenced rejected I mention not such though he doth many whom the common people for their intollerable basenes murdered and put to death To which I might adde this mans Grandmother whom they imprisoned and caused to abjure and resign her Interest in the Crown and kingdom to her Infant son and at last was solemnly arraigned and condemned to death by the Parliament of England and beheaded at Fatheringham Castle all which proceedings against her as her Deposition Imprisonment ahd Execution hath hitherto been justified as lawful To come now to our own nation many examples we have upon record in our Chronicles concerning the matter in hand I shall at this time but only touch things in a brief way King Vortigen after six years raign for his negligence and evil government was deposed from his crown by his subjects and his son Vortimer chosen and crowned in his stead Speed Chron. pag. 207.266.267 Sigehert King of the sumptuous using exactions and cruelties upon his subjects was put by his place and Kenwolfe made King in his steed Speed hist. pag. 229. So Ofred King of Northumberland for his ill government was expelled by his subjects and deprived of all Kingly authority Speed pag. 245.246 Ethelred the son of Mollo so far offended his subjects that they tooke up armes against him and slew him at Cobre Beornerd King of Mercia because governed the people not by just Laws but by Tyranny was expelled the kingdom and Offa chosen and crowned Mat. Westm. pa. 275. The like was Edwins case King of Mercia and Northumberland for his misgovernment tyranny and oppression and following vaine base and wicked Councellors was removed from all kingly dignity in whose place Edgar was elected King I might have mentioned Archigallo one of our ancient Brittish Kings in times of Gentilisme for some misorders was deposed by the people when he had reigned almost five yeers and his brother Elidurus chosen in his room So Emerian another old British King deprived of all kingly honor and dignity and Yowally promoted to the crown Fabian par 2. chap. 49. p. 30.31 chap. 46. p. 34. Since the conquest as they call it King John disavowed by his Lords and Commons for wasting burning and spoyling the kingdome like an enemy electing Lewes of France for their King Speed p. 585. Edward the second for his misgovernment put down and Edward his son elected and crowned Walsing. hist.
the States gathered together if the safety of the Common-wealth shall so require so he 4. This is manifest by the diverse alterations of the Monarchy in this kingdom which hath been sometime divided into seven sometimes into five otherwhile into three or two kingdoms and at last all reduced into one So by the great changes and alterations which have been made in forreign Realms as sometimes Monarchy quite abolished and changed into Aristocraticall or popular estate Thus the Switzers and Grisons departed from the Romane Empire and became 18. common-wealths every one holding their estate divided from other in Soveraignty The Venetian Common-wealth was at the beginning a Monarchy afterward changed into a popular Estate and now by little and little changed into Aristocratital yet so tacitly in such a quiet sort that the change can hardly be perceived So the Thessalians and people of Sicile threw of Monarchy and had a Popular State The Samians Corcyraeans Rhodians Cnidians and almost all the common-wealths of Greece after the victory of Lysander were from Monarchy changed into Aristocraties So again some nations have changed Aristocraticall into popular government as the Sabeans Sabirites Trezenians Amphilolits Chalcidians Thurians Chions the Argives the people of Delphos Tarentum many more which I omit And from Popular some have changed into Aristocratie as the Venetians Syracusians Lacedemonians Thebans Heracleans Cumaeans Megarenses the Luques Rhaguses Genes and other Sometimes also the frame of Aristocratical government hath been altered into Monarchy and it is well to be noted what Bodin notes as to be the cause and reason of such a change namely conquest and Tyranny and sets down many examples for it Lib. 4. de rep c. 1. The Jewes indeed desired such a thing but how extreamly they offended God therein the sacred history shews who for asking a King gave them a King in his wrath And thus much for the first particular Now we come to the other viz. That such Lawes and ancient customes as people find to be hurtfull unprofitable or inconvenient they may remove For 1. Many things which were convenient and necessary in former times and therefore established in after ages are found unuseful because there is not the same reason and cause for them as then there was 2. There is no man of such parts and gifts or so qualified as to foresee in all things what will be safest and best for the generations after him and therefore as many things must be left to every age so the people in every age must look to their own safety and preservation as to have such Laws in use as are for the present publick good and what is otherwise to take off the force and stop the execution of them 3. Seeing the will of man and that often without reason is the ground of Law according to his saying Sic volo sic jubeo stat pro ratione voluntas It is therefore the more necessary to consider what the Laws are and how they are grounded for we know mans will is full of darknesse deceit self-end and what pleaseth one is to another hurtfull and unprofitable 4. What skilfull and prudent phisitians will not change their way and course of physick if they see the same proves dangerous and destructive to their patients and follow some other better rules of art Statesmen are the peoples physitians and therefore they ought to lay aside al such old Laws customs as are unprofitable and unusefull and ordain wholesome and good ones in the room thereof 5. We see that men change in condition and one age is not like another our ancestors some generations past were so and so but their posterity now are otherwise in condition and therefore great care should be taken that we have such Laws as are best and fittest for the time and to say the truth herein consisteth much true policy men chuse not a garment by the largenes neither of the fineness of the cloath but by the fitnesse and how well it will serve the person that must wear it I do take notice what a number there are now Taylor-like in London and thereabout making garments for the Nation and to clothe the people with new lawes now howsoever I professe not my selfe to be one of that trade yet I wish wel to the work and humbly desire that they do not so much mind largness fineness as to have things fit and to come well home to the Nation in a good accommodation and a general satisfaction 6. Howsoever it cannot be denied but we have many good laws amongst us neverthelesse such is our burden and misery that they are like good mettel in a pot or vessel so covered over with drosse and scum as the beauty and brightnesse of them shines not forth Now here is State wisdome which discovers a man to be vers'd in Politicks who studieth and labours how to remove the drosse rather than promiscuously and without any destinction or difference to throw al away as the scum so the precious and pure silver also Whoso breaketh a hedge a serpent shall bite him I know it is an ancient maxime of some Polititians That we must not change any thing in the Laws of a Common-wealth which hath long maintained it self in a good estate whatsoever apparent profit may be therby pretended Again Legum mutatio omnium erat peri culosa But I have formerly proved it lawful yea necessary to alter and chang the laws of a kingdom Yet so as I shall desire all such as are specially concerned in this great work to observe these cautions or rules 1. That it be done with mature deliberation good fore-thoughts not hand over head as to thrust in mens sudden and present conceits Men in their sleep imagine they eat drink walk c. and question not but it is all real and true but being awake they perceive it was only a dream It is not enough that a man is confident and perswades himself it is so but it is needful to enquire whether it be sleeping or waking examine well how it is bottomed and grounded My Antigonist I dare say thinks he prophesieth right things whereas poor man he only dreams and when the Lord shall awake him of this sleep he will see and confesse so much 2. Whatsoever law or custom shall be taken away yet it must not be till after due examination and finding upon proof sufficient cause and reason for it Otherwise it may happen as it did to Alexander killing Parmenio in hast afterwards he repented and found the misse of him 3. It must be minded that the publick Interest be especially provided for and not to profit a few to the preiudice of many 4. It is a principal maxime in Sate-policy when any law or custom is to be abrogated To consider how far it is hurtful and in what regard and what sense or liking the people have thereof and so to proceed either speedily or to come thereunto by little and little