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A61098 The case of our affaires in law, religion, and other circumstances examined and presented to the conscience Spelman, John, Sir, 1594-1643. 1643 (1643) Wing S4935; ESTC R26250 27,975 42

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and illegall Imposition even to the bondage slaverie of Excise by which we are not so much Proprietaries of our own as Stewards or Casheerers to the heads of the Rebellion and all this to no other end but to keep up the Rebellion we have not onely protected and supported the Kings mortall Enemies but as much as in us lay have persecuted all His Friends or if but suspected to stand well affected to Him and the Justice of His Cause not sparing the effusion of innocent blood as that of Master Tomkins and Master Chaloner which like the blood of Abel calls loud to Heaven for vengeance on this bloody Citie and questionlesse will in time be heard for not content to buy these mens bloods with great summes of monies which could not be advanced but on this condition that Master Tomkins and Master Chaloner be delivered up to their pleasure and murthered for a strange Conspiracie called Obedience to the King but being dead in an unheard of barbarousnesse they presse into the houses where their dead bodies lay before their Funerals and thinking they could never be sure enough of so great a guilt they will not believe that they are dead unlesse they force the houses to see the bodies of them whom themselves had murthered insomuch that to avoid further violence and rage of the Citizens they were fain to set open the doores where their bodies lay and expose them to the view of all that so they might glut themselves with beholding that sad spectacle which themselves had made That the Kings Gracious offers of Peace have been sleighted and rejected with scorne and contempt and His Messengers that brought them contrary to the Law of Armes and Nations imprisoned That those miserable distractions which have rent and torne this flourishing Kingdome are so farre from being closed that they are rather made wider That the Sword of War so long devouring is not yet sheathed except in one anothers bowels That this Kingdome is still made the Scene of Murthers Rapines Oppression and Plunderings and whereon all the horrid acts of rage and injustice are every day acted and the Nation put almost out of hope ever to enjoy her former Peace and Plentie is our fault and ours wholly Had not the 〈◊〉 ●f this Rebellion been animated by this Citie and encouraged by promises of more Supplies of Men and Monies they had long before this laid down their Armes and come with halters about their neckes and cast themselves at the Kings feet submissively begging those Pardons which they have presumptuously rejected Time was when the two Houses gave a Law to the Citie now it is come to that passe that the Citie prescribe to the Reliques of the two Houses They must not conclude of War or Peace without consulting the Citie if they doe they reckon without their Host. Nay though Fairfax be utterly routed in the North and William once sirnamed a Conquerour be totally defeated in the West yet can they neither be perswaded nor beaten into thoughts of Peace On the 20th of Iuly last no longer ago many Thousands as the printed paper tells you preferred a Petition to the House of Commons presented by M. Norbury of the Cursitors Office and Iohn Hat an Atturney of Guild-hall both pernicious men which as it evidently shewes their obstinate aversion from Peace so it is the most desperate devilish slander that ever yet durst look the world in the face for first they tell the House of Commons and in them the world That the King without any touch of conscience and in defiance of God hath raised an Armie of Papists Outlawes and Traitors for Robbing Burning Murthering and Destroying of His Religious Honest and well meaning People And then knowing not onely their interest in but their power over the House of Commons they do not so much Petition as Command them to accept of their assistance for the raising a new Armie and in expresse termes prescribe unto them and limit them to a Committee of their own nomination for the seizing and receiving of such summes as the willing shall thinke fit to offer or they shall thinke fit to extort from the unwilling for this service and that you may judge of the whole bunch by some they name Pennington the pretended Lord Maior Stroad one of the five Members Harry Martin Plunder-master Generall and Denis Bond Burgesse of Dorchester and Patriarch Whites own disciple a man of a double capacitie to be a Rebell and finding themselves more alone in these undertakings than they did imagine like desperate Traitours they call on the whole Kingdome as one man according to the intent of the late Covenant to joyne with them in this Rebellion And having thus taken a course to raise new Forces on Saturday the 29th of Iuly at a Common Hall they Voted Sir William Waller Generall of their new intended Armie whom to indeare the more they interest him in the Government of the Citie hoping that being as mad as his Ladie he will hold up the Rebellion as long as he can and then be one of the last to run away I mean not from Battaile for in that he hath shewed himselfe as forward as the foremost but from Iustice and the due reward of his disloyaltie By all which it is most evident that this Languishing Rebellion had before this day gasp'd its last and given up the ghost had not this rebellious Citie by its wealth and multitudes fomented it and given it life If therefore Posteritie shall aske who broke down the bounds to those streames of blood that have stained this earth if they aske who make Libertie captive Truth criminall Rapine just Tyrannie and Oppression lawfull who blanched Rebellion with the specious pretence of Defence of Lawes and Liberties War with the desire of an established Peace Sacriledge and prophanation with the shew of Zeale and Reformation Lastly if they aske who would have pulled the Crown from the Kings head taken the Government off the hindges dissolved Monarchie inslaved the Lawes and ruined their Countrey say 'T was the Proud Unthankfull Schismaticall Rebellious Bloodie Citie of London so that what they wanted of devouring this Kingdom by cheating and couzening they mean to finish by the Sword That therefore these dangerous Defluctions and continuall not small Distillations but Floods of Men Money Ammunition and Armes descending from the Head Citie and Metropolis of this Kingdome may not for ever dissolve the nerves and luxate the Sinewes of this admirable composed Government it will highly concerne this Nation to look about them to undeceive themselves and to consult their own Peace and safetie by joyning with their Gracious Soveraigne in chastizing these rebellious insolencies and reducing this stubburne Citie of London either to obedience or ashes FINIS 25. H. 8. cap. 22. 24 H 8. cap. 12. 26. H. 8. cap 2. 1. Eliz. 1. 1. Iac. 1. Co. 5. Codry case fol. 9. b. vide the Parl. writ 1. Eliz. 1. 5. El. 1. Lo. Cha. Egertons Post nati 73. b. Psal. 60 7. Gen. 49.10 Deut. 33.4 5. Lo. Cha. Egertons Post nati fol. 22. 23. sect. 4. Crompt ●ur 10. b. The speech of H. 8. in Parl. by information of the Judges Stat. West 1 3. E. 1.1.3 E. 1.3 6 42. Stat. of Merch 13. E. 1. Westm. 3.18 E. 1.1 Stat. of waste 20. E. 1. of Appeale 28. E. 1.1 E. 2.1 and all the Titles of the Acts of our Parliament Vnicuique in suà arte credendum 11. H 7.9.34 H. 6 14 25. E. 3.4.37 E. 3.18 42. E 3.3.17 R. 2. Vide the Oath of the Justices an. 18 E. 3. Yee shall swear c. that lawfully ye shall counsell the King in his businesse and ye shall not counsell nor assent to any thing which may turne him in damage c. and ye shall do and procure the profit of the King and of his Crown with all things where ye may reasonably do the same and if ye be found in default c. ye shall be at the Kings will of bodie goods and lands thereof to do as shall please him So helpe c. Vide the Statute de Big●m 35. H. 6. Fitz A●r tit. gard 72. pag. 3 Braect li 1 c. 16. par● 3 fol. 34. Bract. li. 1. c 8 p. 5. Pag. 38. 2 Tim. 3.13 Ed. 2. Pag. 8. to pag. 15. Pag. 15. Pag. 33 34 35 35 Adjudged H. 7. Pag. 4. Co. 5. de jure Ecc. fol. 9. b. 25 H. 8.21 16. R 2 5. 25. H 5. 15. E. 3. 5. E. 3. Vide Ola Mag. Cha. D●ar H. 4. 7. E. 1. 3. E. 3. De queux ils nont pas cognizance 25. E. 3.2 3. E. 3. Fitz tit. Cor. sta 〈…〉 pl Cor. 153. Bract. ti 2. cap. 22. fol. 52. a. Rex parem non habet nec vicinum nec superiorem Deut. 33.5 Numb. 16.3 ib. v. 13. ib. v. 2. Psal 106.17 Deut. 33.5 Exo. 4.16 Numb. 11.15 2 Tim. 3 2. 4. 2 Pet. 2.10 Jude 8.10 11. 1 Sam. 16.14 verse 1. 1 Sam. 26.9 Afterward David was touched in heart because he had cut off the lap of Sauls garment 1 Sam. 24.6 The Book of Observations Treacherie and disloyaltie of Papists c. 2 Sam. 20.16 Judges 20
without any claime of right made by the two Houses and our Law hath not a surer badge of right than continuall and unquestioned possession Besides the Parliament it selfe 7. E. 1. declares unto the King that To him of right belongs straightly to defend that is to forbid all force of Armes and thereunto they are bound to assist him as their Soveraigne Lord The Statute 11. H. 7 18. reciteth Where every Subject by the dutie of his Alleageance is bound to serve assist his Prince and Soveraigne Lord at all seasons when need shall require c. In the 3. of Edw. 3. The House of Commons disclaime the having cognizance of such matters as the guarding of the Seas and Marches of the Kingdom And by the Statute 25. E. 3.2 It is made High Treason for any to meddle with the Militia so farre as To levie Warre against the King or to aide them that do it And we all know that to levie Warre without Commission from the King or to give aide unto it is by our Law to levie War and give aide against our Soveraigne Lord the King His Crown and Dignitie And we never knew of any exception out of that Law in case the Warre were levied by Authoritie of the two Houses And when we have not in our power to search the Parliament rols for clearing these things If besides our published Statutes our Law-bookes have any authoritie we have not onely Bracton whom they insist upon but other authentique Law-bookes concurring with him who all speaking of the King and the Houses do expresly say that seeing The King hath no Peere The King cannot be iudged by them So that whatsoever authoritie is in the constant practice of the Kingdom and whatsoever authoritie in the known and published Lawes and Statutes all do conclude the Soveraignitie in the person of the King and the alleageance faith obedience of the Subject even of the Subject virtually united in the Bodie Representative to be inevitably devinct and obliged to the person of the King The Soveraignitie both of the frame of the State and positive Lawes of the Kingdome being fixed in the person of the King and the Alleageance of the Subject by Law inevitably thither assigned then comes in Religion and fortifies and enforces all those bonds of dutie and obedience and that under the severe menace of damnation which when it is in divers precepts and examples well known unto us abundantly set forth in the Scriptures It will not be safe for us to let slip the consideration of two examples especially The Children of Israel being redeemed out of Egypt baptized in the Red Sea and brought for triall into the wildernesse as they were the type of the Church of God in all Kingdomes whatsoever in this world so Moses their Governour was the type of that regall power under which the Church of God in this world was generally to be governed so as though he were not a King in point of interest for the people were not yet in the Countrey that was to be the Kingdom neither was Moses of the Tribe to whom the Kingdom was promised yet saith the Text He was King when the heads of the people were assembled Moses so personating the kingly Office when as yet there was no expresse command concerning obedience and subjection more than Honour thy father and thy mother and he that curseth father or mother let him die the death It happened that Corah Dathan and Abiram rebelled against him and their rebellion was but this they in the behalfe of the Congregation of the Lord because that it was holy every one of them and the Lord among them question Moses his Soveraignitie charge him and Aaron that they exalted themselves above the Congregation of the Lord and that Moses had not kept touch with them to bring them to a Land that flowed with milke and honey but sought to starve them in the wildernesse while blinding the eyes of the people he might in the mean time make himselfe a Prince over them and out of jealousie of this they refused obedience to Moses and would not come at him when he sent to call them and so much was their cause believed to be just and right as that they were seconded with two hundred and fifty Princes of the Assemblie famous in the Congregation all of them so confident that they durst joyne issue with Moses and put themselves upon triall by Gods immediate judgement in the case and they were also backed with many thousands of the people This was the Rebellion the Judgement we all know to be most exemplar Judgement that ever was given in any case The Heads of the Rebellion Corah Dathan and Abiram with their wives their children and all their substance were swallowed up of the earth they went down quicke into Hell saith the Psalmist The two hundred and fifty that invaded the holy Office were slain with fire from Heaven and fourteen thousand and seven hundred of the people that favoured their attempts and murmured at the Judgement were in an instant in lesse than Aaron could get his Censer with fire from the Altar and run among them consumed in a speedy plague It will be objected that Moses was a man of extraordinary calling and that Rebellion against an ordinary Governour though a soveraigne King is not like Rebellion against a Governour of so extraordinary calling and priviledge all that granted yet this exemplar Judgement comes home to manifest the hainous sin of rebelling against Kings at this day Moses had an extraordinary calling he could not else have been a type of regal Authoritie but in type He was King when the heads of the people were assembled He had the Priest made subordinate to him He shall be unto thee instead of a mouth and thou shalt be unto him instead of God And had the Magistracie derived from his Authoritie to beare the burthen with him God took off the spirit that was upon him and put it upon the seventie two Elders So Moses was clearly endued with regall power and for trangression against that very Authoritie of his was the Judgement made so exemplar It could not be exemplar in regard of any other Authoritie which he had then and no other since either had or could have but that we may know the Judgement was exemplar against Rebellion against regall Dominion which would often be committed in the later dayes the holy Ghost speaking against the seducers deceivers wch in the later dayes should make perilous times describes them not onely by being Cursed speakers disobedient to parents that is as well to Civil parents as Natural traiterous headie high-minded resisting the truth like them that resisted Moses Despising Dominion despising Government speaking evill of Dignities of those that are in Authoritie of those things which they know not c. but by this likewise that They perish in the gainsaying of Corah The other
else their aide and service must make his Armie a popish Armie surely not to admit them into his Armie when they cannot otherwise be safe were uniustly to deny them the protection of Subiects and to spare them either in their personall or pecuniarie assistance were with inequalitie toward his Protestant Subiects and with danger to their Cause to refuse his needfull duties from the Papists though therefore Protestants should never lay down their iealousie of the growth of Poperie yet should they not let it so abuse them as to make them believe they have no danger to feare but onely Poperie especially now when Schisme and Sectarisme do with such authoritie invade us and when nothing can more advance the bringing in of Poperie if it be possible than the confusion in Church and State that does inevitably follow them the expectance whereof was the cause that made the Cardinall and the popish partie from beyond sea so effectually labour the promoting of them Undoubtedly if Poperie be at this time to be feared it is to be feared from the prevailing of Schismatickes by the Designe and manage of so potent and active forraigne Instruments of Poperie and it would returne with comfortable satisfaction to our consciences that having for a feigned feare of Poperie engaged our selves in reall Rebellion we should finde our paines rewarded with the felicitie of becomming instruments of the evill that at so deare a rate we did unnecessarily resist When in every thing considerable to resolution the conscience is on every hand so strongly beset with reasons all concluding for obedience to our Soveraigne and for our utmost assistance to His Cause How weak is the sole Authoritie of an imperfect representative of Peeres and Commons so to possesse the conscience with perswasion to the contrary as upon it to venture the present and eternall safetie of ones selfe and of so many thousands in our Israel But say that this world were onely to be considered in the businesse let us yet but see what must needs be the event in case the Parliament Forces which God forbid should prevaile either they must leave the Soveraignitie in the King as it was before and content themselves with strict Lawes against all grievances that may be feared in Religion or in Government and then they bring no more to passe then what His Majestie before their Warre did of himselfe and does yet gratiously offer or else they must take the soveraigne power from the King into their own hands and leave him no more at most than the contemptible name of King then shall we loose our old legall Government and be governed by the absolute arbitrary and tyrannicall way of their Votes and they to secure themselves in that new and uncouth way of Government that they must institute must to the overthrow of Trade and intolerable burthen of the Subject keep the Kingdome under perpetuall Garrisons and then what with the Faction and discord of our ambitious New-States what with the unrulinesse of the commanding Souldier and what with the attempts of those whose fidelitie will ever excite their utmost endeavour for their Soveraignes never dying right we shall fall into an incessant Civill Warre untill the Kingdome being ruined the Soveraignitie returne into the hand to which it rightfully belongeth Unles therefore it please God that our great Metropolis of London partaking rather of the wise spirit of the men of Abel than of the obstinacie of Gibeah the Benjamite shall either deale so effectually with those that there reside in shew of Parliament as that they bring them to yield to the equalitie of a free and legall Parliament and so provide against future grievances without any violation of the Rights of the Crown or else in case they refuse shall like the Abelites deliver unto the King the Heads of those Opposites that rise up against Him We may assure our selves that that Citie like those of Gibeah and Benjamin are hardened to all our Israels punishment and to their own destruction and may as they did prevaile once and again against the residue of the Kingdome untill they have fulfilled Gods determined Visitation upon the Land and then consummate all with their deplorable destruction FINIS A DISCOVERIE OF LONDONS OBSTINACIE AND MISERIE THere hath been many Admonitions sent from His Majestie advising that Citie of their own preservation yet they have continued stubburne though they cannot but see the hand of the Lord to assist all the King's Majesties proceedings whereas their actions are so farre from prosperitie that they winde themselves wilfully and force others ignorantly into miserable adversitie Furthermore though God hath manifestly fought against the Rebells for the King giving Him Victorie in many Battailes when all humane helpes and advantages were on the Rebells side though God hath miraculously and beyond the hope of man restored unto Him the hearts of the people which the Heads of this Rebellion by slander had stolne from Him though from small and contemptible beginnings in the eyes of His Enemies few or none standing for Him but God and the justice of His Cause God hath prospered him into many mighty Armies which render Him formidable to the proudest and stoutest of the Rebels though every Victorie hath been seconded by a tender of Peace and with an overture of Pacification so that as Himselfe speakes in that Declaration published Iuly 30 1643. He could not probably fall under the scandalous imputation which hath usually attended His Messages of Peace that they proceed from the weaknesse of His Power not love of His People Lastly though like an indulgent Father of rebellious Children He hath courted this Citie and wooed it by many pardons many and often repeated Acts of Grace and Favour to recall us to our former Loyaltie if ever we were Loyall yet inconsiderate unthankfull wretches as we are we over-look or sleight all these invitations for instead of returning we have added this as the complement of our other Rebellions that whether more unthankfully or undutifully I cannot tel we have cast dirt in our Soveraignes face and slandered the footsteps of Gods Anointed as if He were guiltie of all those Miseries which at this time threaten the subversion of this Nation we will no longer wound the King secretly through the sides of his evill Counsellours or Cavaliers but charge Him directly and point blanke as in that most seditious Declaration or whatever you will call it presented by Sir David Watkins and that broken Citizen out at elbowes called Satten Shute to the Common-Councell and by them to the remainder of the Lower House if it be not breach of Priviledge to call it so How willing have we obeyed every Commandment except God and the Kings How forward have we been to employ the large Revenues of our severall Companies and Brotherhoods as heretofore to excesse and gluttonie so now to support this Rebellion How ready even beyond our abilities have we been to submit to every Taxe