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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
Lawfull taking and no depredation when any man that hath served both Houses of Parliament in this late war hath plundered or taken any mans goods or estate from him that they did but imagine bare good affection to the King and give their judgements that it is lawfull to seize sequester nay to ●ell away mens estates that have served the King before they have legally convicted them of any offence O horrible perverting of judgement and justice if this be true I pray you sir may it not be saied of these men as the Prophet Amos 3. 10. saith They know not to doe right saith the Lord who store up violence and robbery in their Pallaces that turne judgement into Wormewood and lea●● of righteousnesse in the earth Amos 5 7. and are not they such as Solomon speakes of Prov 4. 16. That they sleepe not except they have done mischiefe and their sleepe is tak●n away un●●sse they cause some to fall for they eat the bread of wickednesse and drinke the wine of violence or as David saith Ps. 58. 2. that weigh the violence of their hands in the earth But Sin I speake not this with referrence to you for I know you to be a man of learning and I heare that you are a man of moderation and I desire you since that you have taken that imployment upo● you to continue so Remember your Oath that thereby you are to dispence justice indifferently to the Kings people according to the knowne and established Lawes of the Land not by arbitrement o● fancy consider the infirmity of your Commission upon what hath been said before set before your eyes the mortallity of the 44 Judges remooved and put to death by King ●●s●●●● for violence injustice and c●rr●p●●●● ac●●d upon the people of this Land ●● his ●●me of whose offences and ●a●a●●●●●s you may read in H●●e his mirrour of Justices behold and weigh the punishment and d●●●●ny of Sir Thomas Weyland Sir R●●ph Heng●a● Sir Iohn L●●●●o● Sir William B●●mpt●● Sir Solomon R●c●●ster Sir ●ic●a●● B●●●●nd and their fellowes ●●flected upon them for their injustice by King Edw. the 〈…〉 Consider the instability of all ●umane estates thinke not that you are in a sure and unque●●io●able 〈…〉 but remember that Iob tells you Iob 1● 18. That the Lord loo●●●● the bonds of King● and guirdeth their loynes wi●● a g●●d●e and I prov you take the counsell of the w●sem●● P. o. ●7 1. Boast not thy ●●●fe ●● to morrow for thou knowest not what a day may ●●ng ●o●th he ●●k ● to St. Iames J● 4 13 Go● to now y●e that say to day or to morrow wee will g●e into such a City and continue there a yeare and buy and sell and get ga●e whereas y●● know not when shall be on the morrow for what is ●●●● life it is even a valour that appeares for a little time and then v●●●sh ●●●way do● just●●● therefore and execute● g●●● us judgements rejoyce not in your 〈…〉 for all such 〈…〉 young i●●v●ll and remember with the same Apostle that to him that knoweth ●●●●● good and doth it not to him it is sin I know you are learned in the L●w●● and a great Student in the holy Scriptures I therefore summe up all with these exhortations but of Gods holy Writ not only to you but to all the Judges of the ● no beginning it with the charge given by Moses to the Judges of Israel Heare the causes between your brethren and judge righteously between every man and his brother and the stranger that is with him yee shall not respect persons in judgement but you shall heare the small as well as the great you shall not be afraid of the face of man for the judgement is Gods Deut. 1. 16. 17 and with the good King Iehosaphat to his Judges 2 Cron 19 6. Take ●eed what you do for yee Judge not for ma● out for the Lord who is with you in the judgement take likewise the Prophets instruction Es●y 1. 17. Learne to do well seek judgement relieve the oppressed judge the fatherlesse plead for the widdow and if these serve no● to perswade you heare Gods owne words Levit. 19. 15. you shall not do unrighteousnesse in judgement thou shalt not respect the person of the poore nor honour the person of the mighty But in righteousnes shall thou judge thy neighbour and ●x●d 23 6 thou shall not wrest the judgement of the poore in his cause nay more follow our blessed Saviours Precept Jo●. 24. Judge not according to the appearance but judge righteous judgement that is according to your Oathes and the knowne and established Lawes of the Land if yee do otherwise you have our Saviours promise that you shall ●e are of it Mat. 7. 2. For with what judgement ye judge yee shall be judged and with what measure yee m●a●e it shall be measured to you againe The adversaries of the Lord shall be broken to pieces out of heaven shall ●e thunder upon them the Lord shall judge the ends of the earth and shall give strength u●to the King and exa●t the ho●●●● of his Anointed for God himselfe is Judge Psal. 50 6. and he shall judge the world in righteousnesse Psal. 9. 8. to whose protection I commit you and to whom with our blessed Saviour Jesus Christ and the blessed Spirit be all honour and glory world without end Amen FINIS Negative Oath against the Lawe of God Negative Oath against the Law of nature Negative Oath is against the Law of England