done by the Parliament which his constant Judgement was could not be done without sin If so he hath no part or fellowship in that blessednesse which the Apostle pronounceth over him that condemneth not himself in what â—â— alloweth * Rom. 14 â—â— Or did the wind of this mans Judgement blow to the same point of the compasse at which it stands both in the Representation and Vindication when a few pages after in the same Sermon he dogmatized thus Men who lie under the guilt of much innocent bloud are not meet persons to be at peace with till all the guilt of bloud be expiated and avenged either by the sword of the Law or by the Law of the sword else a Peace can neither be safe or just Though I do not find any great store of good sence in this period which seemes to suppose that a Peace can neither â—e safe or just with a person guilty of much innocent bloud untill he be dead yet the Authour clearly supposeth â— That the King lay under the guilt of much innocent bloud 2. that such guilt ought to be expiated and avenged by the sword either of the Magistrate or the Souldier His meaning cannot be that the guilt contracted by and which lay upon the King should be expiated or avenged upon the person of another man though this seemes to bâ— Mâ— Gerees Divinitie * Might oveâ—â—oming Right paâ— â—â— c. because the Peace now endeavoured by Treaty was to have been made and concluded chiefly with the King If then M r. Love be so infected with the dangerous Errour of â—uto-catacritisme I fear there are very many of his fellow-Subscribers in the same Condemnation with him For it is well known and commonly talked that the Sons of high Presbytery have still in matters of opinion relating to their Interest but one Judgement amongst them which serves them all and which they weather as Mariners do their sailâ— upon all occasions according to the shiftings of the wind The latter of the two home-Authours mentioned is Mâ— William Sect. 70 Prynne who though no Divine by profession yet a Protestant yea and a Divine too both by competency of faculty and super-frequencie of ingagement since the sitting of this present Parliament hath written and published a large volume intituled The Soveraign power of Parliaments and Kingdoms wherein if the frontispiece be not too high for the edifice the Superiority of our own and mâ—st other forreign Parliaments States Kingdoms Magistrates Colleâ—tively conâ—idered over and above their lawfull Emperours Kings Princes is abundantly evinced confirmed by prâ—gnant Reâ—sons Resolutions Precedents Histories Authorites of all sorts the contrary refelled And all Objections Calumnies of the King his Councel Royalists Malâ—gnants Delinquents Papists against this present Parliaments proceedings pretended to be exceeding derogatorie to the Kings Supremacy and Subjects libertie satisfactorily answered refuâ—ed dissâ—pated in all particulars This book all circumstances considered as 1. the subject matter of it 2. the Author of it a man of â—minent learning and great Mecenas to the Prâ—â—byterian cause 3. the largenesse and comprehensive fulnesse of the discourse 4. the tiâ—e wherein it had been â—xtant and every where to â—e had when the Ministers subscribed their Representation and Vindication being four or five years at the least 5. the Grand and pressing occasion which of later times lay upon all conscientious men and more especially upon them themselves in regard of their solemn undertakings to Stigmatize as they have done the proceedings against the King to inquire into the argument for satisfaction all these circumstances I say with some others of like nature duly considered is it possible to imagine that the Ministers had not seen this book or at least known or heard of the judgement of the Authour therein about that great question concerning the power of Parliaments over Kings so largely there debated when they subscribed both the said Subscriptions If they had done either the one or the other how shall not their consciences sweat blood for affirming that it hath alwaies been the constant judgement and Doctrine of Protestant Divines that Kings ought not to suffer from the sword of justice for any perpetrations or crimes whatsoever For unlesse this be their meaning in their stingling and aspersive language wherein they professe that they disclaim detest abhor the wicked and bloudy Tenets and Practises of Jâ—suits and the murthering of Kings by any though under the most specious and colourable pretences they do but baffle their simple Reader speaking nothing at all to the businesse in issue For who or which of those to whom they addresse in the Representation do not with as much clearnesse and simplicity of spirit as themselves disclaim detest and abhor the wicked and bloudy Tenets and Practises of Jâ—suits and the murthering of Kings though under the most specious and colourable pretences if Representation pag. 11. they mean nothing more than what they say in these expressions and I wonder upon what account men pretending to such proximity unto the Heavens in sanctity and integrity as they should assume that to themselves as somewhat emphatically excellent and singular which is nothing but what is found in all men without exception unlesse it be that congregation of the first-born of Satan the Jesuites and their Proselytes But as commonly it fareth with trades-men that are much behind-hand with the world and declining in their estates they buy dear and sel cheap and make all bargains to losse and disadvantage till they fail and sink right down so these men having overthrown their estates in honour and repute with men by stretching themselves beyond their line and over-dealing both their wisdom and their worth are now from time to time after a â—ort necessitated to disadvantagious tranâ—actions and such which will I fear in short time lay all their grandure and high looks in the dust Whereas some pretend an irregularity in the Sentence passed Sect. 71 upon the King through a defect of President or example I answer this is the lightesâ— and loosest of all pleas that are commonly made in the case For 1. An example is no Rule God made Rules before that men yea or himself made examples Nor doth he necessarily break a rule who acts or works without a pattern or example Bezalâ—â—l and Aâ—oliaâ— wrought curious work for the tabernacle and yet had no patterns of what they wrought before them When Moses smote â—he Egyptian who wronged the Israelite that he died he had no precedent action of like nature to warrant or justifie his action yet was it neverthelesse justifiable Nor did Jâ—â—ojada the Priest who caused Athaliaâ— to be slaiâ— act under the Protection of any Parallel Instances of this kind are without number 2. As in descents of families it is a thing frequent and Sect. 72 commendable for those who succeed in the inheritance to adde to the demesnes with honourable industrie and thrift and to transmit the
inheritance to their Posterity with augmentation so for any age or generation of men in the course and current of time to increase the threasury of virtuous and worthy Presidents which they received from their fore-fathers by casting into it of their own for the greater benefit of those to whose turn it comes to receive life and being after them is or at least ought to be so far from reflecting matter of disparagement upon thâ—m that in rational Construction it must needs be a memorial of honour unto them throughout all generations 3. What reason can be given why it should not be lawfull Sect. 73 for the Son to be of the Fathers occupation supposing this to have been lawfull or for later ages yea or this present age not to make presidents for those that are yet to come as well as it was for former ages to serve these with the same commoditie Worthy examples of former times are directive and ingaging but not exclusive or confining Nay 4. Considering that of the Prophet David Day unto day Sect. 74 uttereth speech and night unto night sheweth knowledge * Psal 19 2. i. That every succeeding age hath an opportunity of being wiser then the former by having the experience of the wisdom of the former given in unto it by way of advance the best and richest capacity of making Presidents ought still to be adjudged to the present age And therefore as it would be a very simple kind of reasoning to infer thus A man whilst he was a child a youth a young man did not buy land govern a family bear office in a Common-wealth c. Therefore he ought to do none of these things now he is come to be a man So is it not an argument of much more conviction which concludeth thus The world in the Infancie youth middle age of it did neither so nor so did not provide for it's own peace and safety by the arreignment of their Kings when they turned Tyrants and Destroyers of their people therefore the world in the maturitie and perfection of it ought not to do it 5. Christians are in speciall manner injoyned to president good Sect. 75 works for so the Originall 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 beareth i. to 〈…〉 14 make new patterns or presidents of virtuous and worthy actions for others to follow and work by yea and not simply to Vâ—… make such presidents as these but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. to be carefull or industrious about making them or to make them to inquire where others have been dark or defective in the knowledge of the will of God or in the practice of it and to supply the one by their diligence in inquiring out the truth and the other by their faithfulnesse and conscientiousnesse in the practising of it being known But Sect. 76 6. And lastly to this the Truth is that they do but unworthily defame the Justice and Wisdom of the world in former ages who render it as defective in Presidents of the deposall arreignment and Execution of Kings upon perpetrations deserving death There are some pieces published of late where presidents of this kind are to be seen as plentifull as silver or Cedars were in Jerusalem in the dayes of Solomon who made the one to be as stones and the other as Sycomâ—râ—-trees which grow abundantly in the plain * 1 Kâ—ng â—â— â— In one of these you may read that when the Romans their Empire decaying had quitted and relinquished what right they had by conquest to this Island and reâ—igned it all into the peoples hands the people thus reinvested with their original Right about the year 446 both elected them Kings whom they thought best the first British Kings that ever reigned here since the Romans and by the same right when they apprehended cause usually deposed and put them to death * Teâ—â—re of Kings and Magistrates by J. â— pag. â—4 The same Authour not long after reports from Sleidan that in the yeâ—r 1546. the Duke of Saxonie Landgrave of Hessen and the whoâ—e Protestant League raised open War against Charls the fifth their Emperour sent him a defiance renounced all Faith and Allegiance towards him and debated long in counsel whether they should give him so much as the title of Cesar Let all men judge what this wanted of deposing or killing but the power to do it He adds that in the year 1559. the Scotish Protestants claiming promise of their Queen Regent for Liberty of Conscience she answering that promises were not to be claimed of Princes beyond what was commodious for them to grant told her to her face at the Parliament then at Sterling that if it were so they renounced their obedience and soon after betook them to arms glossing that certainly when Allegiance is renounced that very hour the King or Queen is in effect deposed And to let the world know saith my Authour in processe of discourse that the whole Church and Protestant State of Scotland in those purest times of Reformation were of the same belief viz that Kings if they offend have no priviledge to be exempted from the punishment of Laws more than any other man about the year 1567 they met in the field Mary their Hereditary and lawfull Queen took her prisoner yielding before fight kept her in prison and the â—ame year deposed her And four years after that the Scots in justification of their deposing Queen Mary sent Ambassadours to Queen Elisabeth and in a written Declaration alledged that they had used towards her more lenity than she had deserved that their Ancestors had heretofore punished their Kings with death or bâ—nishment That the Scots were a free Nation made Kings whom they freely chose and with the same freedom unkinged them if they saw cause by right of ancient Laws c. Concerning the State of Holland the same Authour saith that in the yeer 1681. in a generall Assembly at the Hague they abjured all obedience and subjection to Philip King of Spain and in a Declaration justified their so doing for that by hiâ— tyrannous Government against faith so often given and broken he had lost his right to all the Belgique Provinces thâ—â— therefore they deposed him and declared it lawful to â—hâ—sâ— another in his stead Elsewhere in the same Discourse having given a reason why Tyrants by a kind of naturall instinct both hate and fear none more than the true Church and Saints of God inferrs thus No marvâ—il then if since the faith of Christ received in purer or impurer times to depose a King and put him to death for Tyranny hath been accounted so just and requisite that neighbour Kings have both upheld and taken part with Subjects in the action And Ludoviâ—us Pius himself an Emperour and son of Charls the Great being made Judge Du Haillan is my Authour between Mâ—lâ—gast King of the Vultzes and his Subjects who had depoâ—ed him gave his verdict for the Subjects and
doth more deeply pierce or wound the conscience under the guilt of sin than the rememberance of those great and many ingagements which God hath laid upon the sinner to abstain from all iniquity as there is nothing more sovereign or efficacious to preserve men from the perpetrating of sin under tentation than such a consideration or rememberance Gen. 39. 9 2. Sam. 12 7 8 9. Mat. 18 32 33. c. But I hasten Enough I presume with advantage hath before this been Sect. 83 argued to wash off the colour of this plea The proceedings against the King are not justifiable because he had no reasonable ground or means whereby to conceive or judge that his life could lawfully be taken from him for those crimes for which he was sentenced To omit severall other things which have received a just debate sufficient to reconcile this pretence with the sentence awarded against the King that the Law of God against Murtherers and unjust shedders of bloud so oft repeated in the Scriptures so fully explained and vindicated in this Discourse gave light in abundance unto the King whereby to see and understand that for those very crimes and bloudy perpetrations of which he was arreigned his life was obnoxious to the hand of humane Justice or rather of Divine Justice executable by the hands of men So that if he were ignorant of his liablenesse unto death for the misdemeanours committed by him it was Ignorantia Juris non facti which as Aristotle saith excuseth no man Besides the frequent cases and examples of Justice executed upon Kings by their Subjects obvious as well in the Records of Scriptures as in the Histories of many Nations a first-fruit whereof hath been presented in this Treatise were abundantly sufficient to give the light of this information unto him that if he sinned against the bloud of his people it would render him ipso facto a child of death Besides had he not defaced that writing which was written by the finger of God himself in the tables of his own heart here might he have read it in characters legible enough that he that unjustly takes away the life of another makes a present forfeiture unto Justice of his own Nor was the taking of the Protestation or National Covenant Sect. 84 by the Parliament and Kingdom after the Kings ingagement in bloud any snaâ—e upon him in this kind as ministering any sufficient ground unto him to conceive or judge that Kings might destroy the lives of their Subjects as they pleased without being countable unto the Justice of their Laws for the same It is contrary to all principles of reason or common sence to think that either the Parliament or Kingdom should do any such act which in the direct and native tendencie of it should either flatter or incourage the King in wayes so outâ—agiously destructive to their lives Liberties Estates as those were wherein he was now driving furiously when the Protestation and solemn Covenant were taken by them But such an Act as this do they pretend to be done by them who affirm that by their taking the Protestation and Covenant for the Preservation of the Kings Person after he had lift up his hand unto bloud they ministered a sufficient ground unto him to conceive either that for what he had already done in that way he was not obnoxious either to the Law of God nor to the Laws of the Land inflicting death but especially to conceive that what progresse or advance soever he should make in the same way yet they meant never to question him but to make the â—hoicest threasure of his life though he should make the â—â—seâ—â— dongâ—e of all theirs But the substance of this plea was formerly weighed in the balance and found too light when we clearly proved that there was no ingagement made by any man in taking either the Vow Protâ—station or Covenant for the Preservation of the Kings life or Person but onely conditionall that none of those conditions for there were more than one upon which the takers of any of the three became actually ingaged oâ— bound to the said Preservation were performed by the King And the truth is that all that was ministered by way of occasion or ground unto the King by those Acts of the Parliament and Kingdom lately mentioned was for him to judge and conceive 1. that they both affectionately desired his honour life and happinesse 2. That in case they could not procure or obtain them in conjunction with the liberties peace and safety of the Kingdom that they meant to provide for these whatsoever became of the other To draw towards a Conclusion of the present debate if Sect. 85 the righteousnesse of the Sentence passed upon the King be not impleadeable by the office of a King vested in him much lesse is it impeacheable by his innocencie Doubtlesse never was there any person under heaven sentenced with death upon more equitable or just grounds in respect of guilt and demerit As for Nerâ— Maximinus and other Heathen Tyrants though the letter of their guilt might possible be as deep or deeper than his yet the spirit of it was but light and shallow in comparison They wanted the light of that knowledge without which though men may be monstrously wicked yet are they not capable of admission into the Congregation of the first-born of sinners The King abounded with this light at least comparatively wrought in the face of it works of darknesse horrid works of darknesse Oh how great was the darknesse of such works Some rise up early to commend and praise him for his parts of knowledge wisdom understanding c. but do these men know that speaking these things they put him to the greater rebuke and justifie his Judges who condemned him so much the more That servant saith the great and righteous Judge of all the earth which knew his Lords will and prepared not himself neither did according to his will shall be â—eaten with many stroaks * Luk. 12. 47. Knowledge and â—â—derstanding are the great inhâ—â—nsers of sin and cause the foâ—â—ace of hell to be hâ—â— sâ—ven times hotter than ordinary But for the criminal demerits of the King which make the righteousnesse of the Sentence against him like unto the light at noon-day I shall not mention thâ—â— in words of mine own lâ—st I be charged with undue aggravations but shall present them in such â—â—â—ms wherein his best and most cordiall Friends at least in appearance and such who took hold of shield and buckler for his Defence in the time of his greatest danger have before me represented them unto the world M r. Prynne who in zeal to the Kings cause attempted to Sect. 86 shake Heaven and Earth and who because he could not with Joshua cause the Sun to stand still in the midst of heaven untill he had acted his part in favour of him procured in stead thereof the turning of a naturall night into an
or no as to spirit them with zeal and courage to attempt the shaking of the whole Nation for his sake to batter ruine and destroy both Parliament and Army and whatsoever should be found standing up against him what would his presence upon the Throne withall the raies of Majestie spread about him have been but as life from the dead unto them Or is it reasonable to conceive that He that had so many hands reached out unto him whilest he was dismounted and in no capacity of rewarding them to help him up into his Throne would having been once seated in the Throne where fields and vineyards and Captain-ships over hundreds and over thousands doe abound have wanted hands to have supported and maintained him in it upon what terms soever Was there ever a generation of husband-men heard of that were zealous in sowing and luke-warm in reaping 3. Suppose the nation or the far greater part of men in it Sect. 30 would have been ready to rise up against all such whom they had judged either Counsellours or Aâ—â—ouâ—s in any such breach of Faith on the Kings part as M r. Geree speaks of in respect of the generality of the people I mean in case the Kâ—ng contrary to his concessions should have fallen foul upon men no wayâ—s obnoxious to the hatred of the people for Religion yet it is an extreme weak Supposall to think that the Generality of the Nation would have acquitted themselves with such supererogating zeal in the behalf of such men whom they inwardly hate and look upon as the enemies and disturbers of their peace and the worst members in all their body Now these are the men men that are truly conscientious and that cannot swallow the morsels of the Common iniquity of the times and profanesse of the places where they live whom the King looked upon and that not without cause as the first-born of those who opposed him in his late insufferable encrochments upon the liberties and comforts of his people and consequently are the men either onely or chiefly with whose misery and ruine he was in travail yea and questionlesse might within a few dayes after his return to his Throne have found a time for an easie deliverance 4. And lastly concerning the being of the Militia in the Sect. 31 Parliaments hand it is of every whit as empty a consideration in reference to M r. Gerees purpose as the former First because the King and the Parliament as now the constitution of it was reduced and wrought about at least in respect of the Members sequestred who we know had a potent influence upon the house were no more two but one The Members we speak of had in works renounced fealty to the weal of their old Lords and Masters the people and were turned homagers to the Interest of the Crown So that in point of benefit or safety to the Common-wealth it was much of one and the same consideration whether the Militia were to be put into the Parliaments hand or the Kings If it were in the Parliaments hand one day it was very like to have been in the Kings the next But 2. suppose the Parliament in their united strength should have kept close to the interest of the people and managed it in due distinction from that of the King there is scarce an hairs breadth of probability but that the King having recovered the advantage of his Throne would in a very few dayes have made himself as absolute a Lord of the Militia aâ— ever he had been heretofore It was generally esteemed half a miracle when time was that S r. John Hâ—tham should make such a demâ—â—â—e as he did about rendering up the Town of Hâ—ll unto the King upon his demand and yet we know he was cajâ—ld afterwards with the inchantments of Majestie and Majestique proffers Where should the Parliament have found men through the Kingdom in whose hands the Militia might have been â—o much as probably secured to them from between the Kings smiles and frowns Parliaments themselves who have the bâ—st fooâ—ing of all others to keep their standing yet how proâ—e and ready have they been from time to time to â—ick â—â—â— dust at the feâ—t of Kings Many saith Solomon will intreat the favour of the Prince and every man is a friend to him that giveth gifts Prov 19 â— Besides it is but too well known of how weak a Constitution the trained bands in the respective Counties generally were and ready to arm with the King though against themselves and their own peace Moreover as we reasoned lately if the King whilest yet he was sitting upon the dung-hill â—ound Men and Arms enough for he wanted no numbers of either to lift him up into his Throne though both a Parliament and Potent Army with all their Interest and power forbâ—d the Elevation questionlesse had he been advanced and once warm in his Throne accommodations in both kinds would have flowed in much more abundantly unto him He that had no want of Friends in adversity was it like prosperity should impoverish him So that as well one as the other of Mâ— Gerâ—â—s conceits first that the King though â—â— had been able yet would not have let out his spirit in a way of revenge â—econdly though â—e had been willing yet â—e would not have been â—ble are both â—â—â—â—ably frivolous and importune There is no reason worthy a conâ—idering man but â—o think thaâ— he would have â—ound both will enough in himself and power enough in others to have aveâ—ged himself on the Nation those especially whâ—m â—â— looked upon as his greatest Opposers had he regained the opportunity and advantage of his Throne And thus I suppose the premisses considered we have Sect. 32 bâ—ought â—orth this Conclusion into aâ— clear and perfect a light as any the Sun shineth at noon-day that there was a very great and formideable Necessity lying upon the Army to liâ—â—â—â— both â—â—â—rt â—â—d hâ—â—d to that great wâ—â—â— of 〈…〉 Parliament into a capacity of shewing mercie to the Nation by freeing them from the sad incumberance of such Members whoâ—e counsels and proceedings in the House obstructed them in that good work and threatened apparant miserie to the land Yet for a Conclusion give me leave to light up a candle or two whereby to see the Sun I mean to give a furthâ—r account of the primogeniture of that Necessity which aâ— far aâ— thâ— credit oâ— Authority of any thing whatsoever known by the Name of a Necessiâ—y extendeth justifieth the Army in that commendable and yet withall so much condemned an action First besides the declared and known intentions and resolutions of the Members â—equestered to bring in the King upon his own terms or Concâ—ssions the Army I understand had steady inteligencâ— that the said Members or at least the Grandees the active and leading men amongst them had resolved the very next morning after the rub they met with to have Voted the disbanding of the
by the Authour That God who will blesse the righteous * Psal 5. 12. compasse you about with his favour as with a shield and make you as Angels of God to discern the condâ—oements of this poor Nation and to quit your selves in all manner of worthy and prudent actions with all faithfulnesse accordingly This is the prayer not in face or words but in heart and soul of Your Honours most constantly devoted Servant in the Lord JOHN GOODWIN From my Studie May 17. 1647. ¶ The Contents of the ensuing Treatise THe Ministers great Contributioners to our late and present troubles Sect. 1. The weaknesse of their Addresse to the Generall and Councel of War for the taking them off from assisting the Judiciarie proceedings against the King Sect. 2 3 62 63 64 65. God himself cautioneth against the exemption of Kings from Humane Justice Sect. 3 4 c. A Law of the Land for putting Kings to death as well as other men § 5 6 7 The Plea drawn from the incompetencie of any Authoritie to question or sentence the King answered Sect. 8 9 10 c. The King especially under Delinquencie not superiour no nor equall to the bodie of his People Sect. 9 10 11. and 29. The People have a lawfull power to change their Government when they see just cause Sect. 11 12 c. Rom. 13. 4. Vindicated against the critique Annotation of Doctour Hamond Sect. 13. 1. Petr. 2. 13. Vindicated against the said Doctour Sect. 14 15 16 c. The Doctours Arguments for the immediate derivation of Kingly Authoritie from God answered Sect. 20 21 22 23 c. Par in parem non habet potestatem a rule in some cases none in others Page 29. 30 c. The greatest necessitie lightly imaginable lying upon the Armie to purge the House as they did Pag. 130 131 c. Argument drawn from Scripture injunction to obey Kings and Rulers answered Pag. 32. Who are to judge when or whether Kings be Tyrants Pag. 33. The Parliament a true Parliament and in a capacitie of â—recting a Court of Justice for the Triall of the King Pag. 34 35. Not under force Pag. 36 37 c. The non-concurrence of the House of Lords disableth not the Act of the House of Commons concerning the Triall of the King Pag. 38 39 40 c. The execution of Justice when neglected by the Magistrate dâ—vâ—lves of course to the People Pag. 41 42 44. The fact of Phineas so of Ehud reducible to ordinarie and standing rules of dutie Pag. 43. 44 c. The Ministers Plea from the Covenant answered Pag. 48 49 50 51 c. Reason why the Ministers build so much upon the Solemn League and Covenant Pag. 56. Argument from the Oath of Allegiance answered Pag. 57 58 59 â— Not necessarie that all accessaries in all cases of murtherous ingagements be punished with death Pag. 61 62. Why the King rather to be punished than his instruments P. 62 63 64 c. The Ministers Plea from the punishment of the Kingdom of Israel and of Sauls posteritie for Saâ—lâ— violation of the Oath made to the Gâ—â—â—onites answered Pag. 66. The Ministers put darknesse for light c. Pag. 67. being â—…â—eâ— the worst of all Sectaries Pag. 6â— How weakly they plead their opinion from the Scriptures Pag. 69. The notoriouâ— untruth of their Plea taken from the constant judgement of Protestant Divines Pag. 70 71 72 c. The Plea drawn from deâ—ect of Presidents answered Pag. 77 78 79 c. The Plea from the un-accountablenesse of Kings unto men answered Pag. 82 83 c. Psalm 51. 4. Against thee thee onely have I sinned opened P. 86 87 88. The King had suffiâ—iâ—â—t means to know that his life might lawfully be taken from him for such pâ—â—pâ—rations as he practised Pag. 88 89 c. The taking of the Protestation and Covâ—nant after his ingagement in bloud by the Parliament and Kingdom was no sâ—are upon him Pag. 89 90. The King no wayâ—s defensible by plea of Innocencie Pag. 90 91 92 c. His confession or concession rather of bloud-guiltinesse though in appearance politickly provisioned yet no argument of such depth of wisdom as some attribute to him Pag. 95 96. A bâ—iâ—f touch upon the Kings Book so callâ—d Pag. 96. The bloud shed by the King no bloud of waâ— in any excusing sence Pag. 97 ¶ The Contents of the second Treatise M r Geree stumbleth at the threshold Pag. 100. The reason of his Dedication ibid. Mr Geree no friend to the Parliament though gratified by the Assembly Pag. 101. He condemneth himself Pag. 102. Prejudice an effeminate Passion Pag. 103. In stating the Question between him and Mr. G. he mistakes in every particular and besides conceals some things necessarie thereunto Pag. 103 104 c. M r. Geree pleaseth himself in finding out imaginarie buls Pag. 108 112 Popish writers in points extra-controversall as acute and sound as Protestant Pag. 110. M r. Geree confutes by the Authoritie of such Principles as this What the Word of God saith in one place it must needs say in every place Pag. 111. Not the same reason of subjection to Magistrates from Subjects which is from servants to their Masters ibid. M. Geree jears at new lights Pag. 112. How and how far Oaths to be taken according to the intentions of those who administer them Pag. 113 114 c. M r. Gerees four arguments to justifie the sequestered Members of Parliament answered Pag. 115 116 117 c. The Kings Concessions voted large by M r. Geree and M r. Ptynne antivoted dangerous and destructive by the Reason of one and the Religion of another Kingdom Pag. 117 118 c. An un-princelike Principle in Princes seldom or never to keep Faith with their People upon discontents Pag. 122 123 c. The King according to Mr. Prynne the avowed servant of the Pope P. 124. his distast against the English nation hereditarie Pag. 125. The Parliament would not have been invested in the peoples affections by any recommodation with the King Pag. 127. A DEFENCE Of the Honourable SENTENCE passed by the high Court of JUSTICE upon the late KING Sect. 1. IT is somewhat a slight Proverb but carries an Sect. 1. experienced Truth in it of good portendance to the Common-wealth that Good ale sieldom wants a friend on the beneh But that vile Actions Oppression Tyranny Treason Rapine Depopulations Murthers horrid Murthers yea the evident exposall of a poor wasted Nation to a re-suffering of her late endured miseries and extremities should find so many Friends in the Pulpit and amongst Pulpit-men as is notoriously known they do at this day is matter of a far more deplorable and threatening import unto the Nation That those fourtie odde Ministers of Jesus Christ nam quoniam vult Alexander Deus esse Deus esto or rather the stickling part of them for some were rather subscribed than subscribers yea some I understand have repented of
constituent is above the constituted If we regard the derived and executive power in Parliamentarie Acts they make but a totall and compleat Soveraign power yet so as the Soveraign power of the Parliament being habituall and underived a prime and fountain power for I doe not here separate people and Parliament is perfect without the King for all Parliamentarie Acts as is clear in that the Parliament make Kings * Iâ—â—â— p 37â— It were easy to make the pile of such quotations as these from this Author far greater and to shew how frequently he stiles the King one while the Servant otherwhile the vassal of the Common-wealth So that our London Presbyters in their most audacious shamelesse and seditious vociferations and out cries against the Parliament as having no Authoritie or right of power to proceed as they did against the King and upon this effeminate account desperately charging the most exemplary Act of Justice and for which the world round about them yea even Kings and Princes themselves may have cause to blesse them in sentencing him unto death with the odious and horrid imputation of Murther do as well defie their own great Oracle of Presbyterie as the Parliament withall acknowledge men of greatest learning worth and parts in the Order of Presbyterie to be tainted with errours of as soul and hatefull a nature and import as any that are lightly to be found amongst those whom they honour with the ancient badge of Christianitie and call Sectaries M r Prynne another authour of their own supreme glorie Sect. 10 of their Interest in the Law as the former in Divinitie doth not onely acknowledge but voluminously and abundantly demonstrates if the frontispice flattereth not the bodie of his building the superioritie of our own and most other forreign Parliaments States Kingdoms Magistrates collectively considered over and above their lawfull Emperours Kings and Princes by pregnant Reasons Resolutions Precedents Histories Authorities of all sorts c. Our London Pulpittiers who abuse their credulous and malignantish Auditories by teaching for Doctrine this tradition of their own that the Parliament had no more right to deal by the King as they have done than a thief by the high way to take their purse should have acquitted themselves like men and deserved in part that Interest and Authoritie in the consciences of men which they expect and claim as their due if they had substantially answered the two Books now mentioned composed by Jachin and Boaz. * 〈…〉 the two great Pillars of their own porch before they had suffered themselves to be so deeply baptized into Shimer's spirit as to bring the railing accusation of Murther against the Parliament for their just and regular proceedings against the King Howsoever etenim fas est ab hoste doceri by what the two late named Authours have upon irrefragable premisses concluded it fully appears that the people or their Representative are superiour in power or authoritie unto the King and consequently that this Maxime Par in parem non habet potestatem suffered not by the Kings suffering under the Parliament Besides Reason it self gives the superioritie of power to the Sect. 11 people or Parliament and not to the King For 1. as the Apostle argues the preheminencie of the man above the woman from this consideration that Adam was first formed then Eve * 1 Tiâ— 2 â—â— so may we inferre the like prerogative of the people over the King The people were first in being the King takes his turn after them is not till they have been 2 The same Apostle concludes the same preheminence of the man over the woman from hence also that the man is not of the woman but the woman of the man * 1 Câ—r â—â— 8 The same foundation is as pregnant to bear the superiority of the people above the King The people are not of sprang not from Kings but Kings of and from the people 3 The same Apostle yet again derives the prementioned priviledge upon the man from this spring The man was not created for the woman but the woman for the man * 1 Câ—â— 11 9. In like manner it being evident that the people were not made for Kings but Kings for the people it follows merrily upon the same wheel that the people have the precedency in honour before the King 4 The servant is not saith our Saviour greater that his Lord * John 13 1â— but on the contrary the Lord then his servant Now the King bears the Relation of a politicall Servant or vassal to that State Kingdom and people over which he is set to Govern as appeareth by those three essentiall characters of servitude inseparably attending his office 1. Regulation or appointment of work 2. Wages in consideration of his work duly and faithfully performed 3. And lastly an obnoxiousnesse to a laying aside by the people when they see it meet The King hath his work of Governing appointed or set out unto him by the people in those Laws which they constitute and make for their own Government and his by their Representatives or Trustees in Parliament Secondly he receiveth such allowance or proportion in wages in consideration of his work in governing as the people or State whom he serveth herein judge meet and reasonable to conferre upon him For this cause saith Paul meaning for their work and faithfulnesse in governing pay ye tribute also viz. unto Kings or rulers as ye pay wages unto servants onely you pay it under another name the nature of this royall service being more Honourable than common services are and the exigency of it for your good requiring greater respects in terms and otherwise then inferiour services doe The Crown is but the Kingdoms or peoples livery Thirdly and lastly the Servant saith our Saviour abideth not in the house for ever 1. necessarily or upon any such terms but that his Master is free notwithstanding any Law of God or of nature to put him out of his house when â—e seeth cause yea though the cause be not very materiall or weighty but the Son abideth for ever * 〈…〉 In like manner the people I mean collectively taken have no Law of nature or of God upon them which prohibiteth them from laying aside a King or Kingly Government from amongst them when they have a reasonable cause for it Such a cause as this they have I mean that which is just and reasonable and competent for so doing when either they find by experience that Government by Kings hath been a nuysance to the peace or liberties of the people â—…nd apprehend by reason that if continued it is like still so to be oâ— find that the charge of maintaining such a Government hath been and if conâ—inued is like to be for the future oâ—e-barthâ—n'om to the State conceiving upon good gâ—â—und withall that another form of Government will accommodate the Interest of the State upon equall or better terms with lesse
charge and expence especially when they find that the Government we speak of is gotten into a race or bloud that is unfit for Government as that which for severall deâ—â—â—rts together as in Father in Son in Sons son c. is either boyld up into and breaks out in oppression and tyranny or else turns to a water of naturall simplicity and weaknesse or froths into voluptuousnesse and luxurie or the like in all these cases I say and many others like unto these a people or State formerly Governed by Kings may very lawfully turn these servants of theirs out of their doors as the Romans of old and the â—â—â—landâ— of late besides many nations more have done and are blamelessâ— Yea God himself though he chargeth the people with sin in desiring a change of their Government which was by Judges wherein himself in truenesse of construction was as Samuel tells them from his own mouth their King 1. Sam. 8. 10. with cap. 12. 12. into that by Kings yet condescending to their desires herein and so yielding in a sence to his own dethronization amongst them he plainly and exabundanti avoucheth the lawfulnesse of power in the people to alter their present frame of Government whatsoever it be when they see cause The sin of the people we speak of did not stand in this that they simply desired an alteration of their Government but that they desired it with the forgetfulnesse and contempt of those many Royall favours and blessings which under their preâ—ent Government by Judgâ—s he had from time to time heaped upon their heads in many wonderfull preservations and deliverances from their enemies as appears 1. Sam. 12 6 7. 8. c. besides other places Yet that he might not seem to check or straiten in the least the liberty which people by nature and of right have to exchange their Government when they â—â—e cause he yielded as we have heard to the rejection oâ— dâ—posall not onely of his faithfull servants and Prophet Samuel but even his own also by the people 1. Sam. 8. 7. 9. Nor doth that critique annotation of the Royall Doctor Sect. 12 taking notice that the Supreme power or Ruler is in this Relation stiled by the Apostle the Minister of God Rom. 13. and not of the people * â— Hamâ—â—d Hâ—â—â—… ad â—â—â—sse 〈…〉 any wayes in-fringe the credit of this conclusion that Kings are the Servants or Ministers of the people For Paul and the rest of the Apostles were the Ministers of God 2. Cor. 6. 4. and the Ministers of Christ 1. Cor. 4. 1. and the servants of God and of Christ Col. 4. 12. Tit. 1. 1. Pâ—t 1. 1. c. and yet did they acknowledge yea more than acknowledge even preach themselves the servants of men For we preach not our selves but Christ Jesus the Lord and our selves YOUR SERVANTS for Jesus sake 2. Cor. 4. 5. So Paul saith of himself that â—â— went to Jerusalem to MINISTER TO THE SANITS Rom 15. 25. yea 1. Cor. 9. 19. he saith that he had made himself A SERVANT OF ALL. Yea Christ himself that Great servant of God Isa 42. 1. was this relation of his notwithstanding 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a MINISTER or Servant OF THE CIRCUMCISION .i. of the Jews Rom. 15. 8. So that the Doctour argueth much beneath his degree when he syllogizeth thus The Supreme power or Ruler is stiled by the Apostle the Minister of God and not the Minister of the people Therefore he is the Minster of God onely and not the Minister of the people as if the one Relation were incompetible with the other Why the King or other Ruler for the Doctour mistaketh in his supposition that the Apostle appropriateth this stile the Minister of God to the Supreme power or Ruler evident it is that he speaketh it of Rulers indefinitly and as appliable unto any but why the King or other Ruler should be expressely asserted by the holy Ghost the Minister of God and not the Minister of the people though he be as well the one as the other the reason is obvious First because the Relation of a Ruler unto God as being his Minister is a spirituall truth and not so obvious to the minds or thoughts of ordinary men as that he is the Minister or servant of the people as that Pastours of Churches are Ministers of and servants unto the respective Churches unto which they Minister in the things of the Gospel is a far nearer-hand truth than that they are the Ministers of Jesus Christ i. that they Minister unto them in his Name place and stead and that the nature and exigency of their office requires of them that they speak and doe the same things to and for them in order to their eternall peace which they conceive Christ himself would speak and doe if he were their immediate and onely Pastour Now it is much more proper for the holy Ghost to deliver and assert in the Scriptures truths of a more sublime and spirituall import than those whereof the common light of reason in men is sufficient to perswade and lead them unto 2 The scope of the Apostle in the Text in hand being to 〈…〉 13 perswade subjection unto Magistrates or Rulers it was very pertinent and proper for his purpose to assert them the Ministers of God but had been much out of his way to tell them that they were the Ministers or servants of the people As when his intent is to disâ—wade men from Apostasie he doth not inforce his dehortation by any such motive as this that God is loving gracious mercifull long-suffering or the like but by this vengeance belongs to him and it is a fearfull thing to fall into the hands of the living God * 〈…〉 and again For our God is a consuming â—ire †yet his representing of God under these expressions of 〈…〉 terrour upon a speciall occasion doth not imply but that he is loving Gracious c. no more doth he in stiling the Magistrate the Minister of God by way of inforcement to a speciall duty deny him to be or suppose him not to be the Minister of the people also Yea there is a plain intimation of this Relation likewise in the Magistrate in the same place as where it is said for this cause pay ye tribute also for they are Gods Ministers attending continually upon this very thing i. Upon the promotion of your good by Governing Now what is a more proper badge or character of a servant than attendance especially continuall attendance upon another for the conveniencing of him in his affairs 5. The creature is not superiour to the Creatour nor the thing made unto it's maker but the contrarie Now evident it is from the Scripture it self that the people are the makers of Kings and Kings their creatures or work-manship Though David was expresly nominated and appointed by God himself for King over Israel yet was he not a King over Israel untill the
the Doctour very inordinately pleaseth Sect. 21 himself as if it had made him some such promise as Peter once made to Christ that though all the rest of his Disciples should be offended at him and so forsake him yet â—e would not will be found deceitfull upon the weights and serve him no better than Peter did his Lord and Master at whom he was not onely offended but so deeply as to abjure him The notion or conceit we now speak of the Doctour makes to go far as poor men use to doe that little money they have and spreads it very thin to make it cover two pages or more of his discourse In which respect it is somewhat hard to gather it up clean or fix into a regular body of an argument Yet I suppose I shall not eclipse any part of the glorie or strength of it by casting it into this Hypotheticall form If no man by nature hath power over his own life so as that he may lawfully kill or destroy himself and yet Kings have such a power over the lives of all those that are subject unto them then cannot this power be derived unto Kings by men or from the people Sed verum prius ergo posterius The strength of the consequence stands in the Authority of this topique Maxime Nihil dat quod non habet Nothing gives that to another which it hath not it self And if the consequence be tight and will hold water it is a clear case that Regal or the supreme power â—â— not originally in the people but conferred upon the Supreme Ruler immediately by God To this Argument I answer by denying the consequence in the proposition The reason of my deniall is this because though no man .i. no particular or individual person considered apart by himself hath by nature any such power over his own life as is here mentioned yet as a Member of a Community or politique society of men he hath not simply a power but a necessity lying upon him by way of duty in order to the peace and civil good of this community to consent with others that his life also shall be taken from him by the hand of Justice as well as any other mans in case he shall wrong the community by any crime deserving death The power of life and death is eminently virtually in the people collectively taken though not formally And though no man can take away his own life or hath power over his own life formally yet a man and a body of men have power over their own lives radically and virtually in respect whereof they may render themselves to a Magistrate to laws which if they violate they must be in hazard of their lives and thus they virtually have power of their own lives by putting them under the power of good Laws for the peace and safety of the whole This is evident in all those who either make or consent to the making of any such Laws which inflict death in any case of misdemeanour deserving it First it is a clear case that they who are intrusted with a legislative power for the good of that community which intrusteth them stand bound by way of duty to enact or consent unto the continuation of Laws already enacted for that punishing with death such and such Transgressours against this Community as Murtherers Rebels Traitours c. 2. As clear it is that the persons we speak of who are of duty to joyn in and consent unto the making of such Laws are themselves as Subject unto these Laws being made as other Members of the same community 3. It is as little questionable as either of the former but that these persons both before and at the time of their making or consenting unto such Laws clearly know that themselves are must and ought to be thus subject unto them Therefore it is a noon-day truth that men by nature have such a power over their lives as voluntarily according to a due course and processe in Law to expose them to the stroke of publick Justice in case they shall offend that community whereof they are Members by any crime or crimes worthy death Nor hath the King himself any other power over the lives of any of his subjects but that which is thus conditioned and limited The King hath no power to take away the life of any of his subjects without cause no nor yet for every cause nor indeed for any cause but that onely which by the Law is made punishable with death Nor hath he any such power over any of his subjects or their lives which enables him to command any of them to be their own Executioners though by Law guilty of death yea and sentenced accordingly So that that principle Niiil dat quod non habet shew no countenance at all to the Doctours argument own any relation to it Men have such a power over their lives as is vested in Kings nor could Kings have any such power over them as now they have did not men themselves invest them with it and that in a regular and lawfull way Men have by nature a right or power over their lives whereby they may lawfully submit them unto the sword of a Lawfull Magistrate and consent that in case they shall commit things punishable with death by the Law they shall be taken from them thereby And what power have Kings over them but onely as hath been said according to the tenour of such a submission and consent as this Or upon what other account at least immediate doth even this power it self a cerve unto Kings but by the equitable force and virtue of such a submission and consent from the people The very image tenour and form of the power which Kings have over the lives of their subjects plainly sheweth it to be the off-spring or naturall issue of that power which themselves by nature have over the same And that men in some cases have not onely a power by nature but even a necessity by Religion to expose their lives unto death is evident from that of the Apostle John Hereby perceive we the love of God because he laid down his life for us and we ought to lay down our lives for the Brethren 1. John 3. 16. 1. To be alwayes ready and willing to lay them down upon any just occasion Besides if the power which the King hath over the lives of the people were as the Doctour supposeth immediately from God than he might lawfully execute the same and take away the lives of men without any mediating Direction or warranty from any Law at least from any politique or humane Law whatsoever For certain it is that the execution of no Commission immediately issued by God ought to be suspended upon or determined or regulated by any Commission or constitution of men But whether the King hath any regular or just power over the lives of men other than that which is proportioned formed set out and bounded
by the Laws of that State wherein he ruleth I doe not much fear to refer to the arbitration of the Doctours himself Again if the power of Kings over the lives of men were Sect. 23 by immediate derivation from God then must this power be uniform of the â—ame measure and extent in all polities and Kingdoms whatsoever If so then will it follow either that there is no just power of this kind I mean just in the compasse of it in any King now reigning upon the earth or in case there be some one King whose power over the lives of his Subjects is just that the power which is owned or exercised by all other Kings not being every waves commensureable with this is unlawfull and unjust First not to reflect upon the Doctours abilities in the least I beleeve it is above their sphere to prove that any King under heaven either hath claimeth or exerciseth any such dimâ—â—sâ—â—n or exact proportion of power over the lives of his Subjects which upon the supposall of an immediate derivation from God is onely competible unto him For whatsoever proceeds immediately from God and without all association of second causes for in or towards the production of it must needs be absolutely perfect and compleat for the kind Therefore they who affirm that that power which any particular King in the world claimeth and exerciseth over the lives of his subjects is by an immediate investiture or derivation from God run an extream hazard of blaspheming God or at least of ascribing that to him which is unworthy of him Secondly there being scarsely two Polities States or Kingdoms in the world wherein the power claimed and exercised by their Kings or Supreme Rulers over the lives of their Subjects is every wayes commensurable and co-extensive the one with the other it must needs follow that the power in this kind generally claimed and exercised by Kings is irregular and unjust and consequently not of any immediate derivation from God Yet again to affâ—rm that the power which Kings have over Sect. 24 the lives of their people by immediate influx and derivation from God is to smite them with blindnesse and to put them into as ill a capacity for the finding of this their power or what it is as the mâ—n of Sodom were in when they wearied themselves with seâ—king â—…'s door Gen 19. 11. For what light can such affirmers exhibit unto Kings whereby to discover and find out the Alpha and Omega the Dan and the Beersheba of such their power If they claim â—nd exercise a narrower and more contracted power than that which is supposed to be immediately confer'd upon them by God they make themselves transgressours by not fulfilling the Ministery and trust which they receive from God If they claim and exerciâ—e a larger power than that so derived unto them they sin on the other hand by usurpation To leave them to their own judgements and consciences for their information about the true compasse and content of their power is to turn them over to blind guides and to tempt them to make their lusts their Teachers To send them to the Scriptures or Word of God as to the Judicials of Moses or the like for their direction in this kind is constructively to exauthorize States-men and persons of civil imployment from legis-lation at least in criminall matters which concern the lives of men and to interesse Divines and Clergie-men in that affair at whose mouths the Law of God .i. the mind of God in his Law is to be sought and of right should be found So that the Doctours opinion concerning the immediate derivation of Kingly power from God is of a very ensnaring nature unto Kings of a disturbing nature unto States and directly tends either to send this power into a land of darknesse where it shall never be seen or found by any man or else to make it as unnaturall and monstrous as Kings themselves please Once more and so enough of this for the present if the said Sect. 25 Opinion be Orthodox and Authentique then can no act of the People contribute any thing in one kind or other towards the investiture of the King with that power which he hath over their lives This is evident For that derivation which is immediate from God can be no wayes assisted furthered or promoted by any creature or second means But certain it is that the derivation of that power we now speak of upon the King is either properly effected or at least furthered by an act of the people and particularly either by that act of theirs by which they elect or else that by which they create and make him King Ergo. The assumption stands firm upon this ground No King is invested with power over the lives of the people neither by God nor otherwise untill he be their King either actually as by Creation Installment or Coronation or designatively as by Nomination or Election and this either formall and explicit as when the people meet and vote such or such a man King or else vertuall and interpretative as when the people having formerly consented to receive the heir in such or such a race or family for their King successively do not upon a vacancie of the Throne by death expresse any revokement of that their grant or consent So then the people must of necessity act either by Electing or by Creating the King or both in order to the investing of him with such a power over the lives of his Subjects as we speak of before he be invested herewith which plainly shews that this investiture or power accrueth not unto him by any immediate derivation from God but by the intervening at least of the Act of the people either as hath been said Electing or Creating him for their King or both And the Truth is supposing that power over the lives of men hitherto so much spoken of to be essentiall to the Kingly Office and Dignity which is I question not the ready and round sence of the Doctour and withall that this power is not derived thereunto by the people but immediately from God it undeniably follows that the people have no sufficient interest or right of power either to chuse or create any King for themselves Nor can they assure themselves that that person whom they chuse create and call their King is truly such or that he hath any power at all over the life 's of his Subjects unlesse they suppose it to be conferred upon them by themselves it being impossible by what hath been argued to the contrary that they should have any assurance that it is conferred upon him immediatly by God Thâ—se things considered had the Doctour think we any Sect. 26 such great cause to greet his Excellencie and Councel of war with such an over-weening insinuation and conceit not onely of the high-convincing power but of the raritie also and unheard-of-nesse of his Notion as is expressed in these words p.
aggravating circumstance one or more the Justice of God in this case may well be conceived proportionably to allow somewhat out of course and above the rule for ordinary cases touching the manner of inflicting the punishment When a sin which for the kind of it and without any aggravating circumstance deserveth death is committed with any unnaturall and execrable aggravation besides God usually covereth all irregularitiâ—s which are found in or about the Execution of Justice upon the sinner and justifieth the Execution though it be not managed in all circumstances according to standing rules of Justice in ordinary cases There is the same consideration of the fact of Eâ—ud in killing Eglon unto whom by right of conquest the Israelites had now been in subjection 18 years For howsoever some Court Rabbies secretly to enchant Kings into Tyrants for their unworthy ends have endeavoured to disguise the face of this example also and to make it look like the naturall off-spring of some super-Scripturall converse between God and the spirit of the Actour yet hath the devise been too hard for them to perform neither Scripture nor sound reason affording any assistance to the attempt But this by the way Thus then we see that according to the Scriptures when Sect. 44 Superiour Magistrates faulter in such executions of just Laws which properly and by office belong unto them the right of these Executions accâ—ue to the Inferiour and in case these faulter and fail likewise the power right and care of all such executions devolves not onely by way of right or power but of duty also upon the people Nor is this principle of Devolution in case of failer in the Superiour asserted onely by God in the Scriptures our adversaries themselves in the caâ—se now under plea are friendly yea and zealous assertours of it also The Scottish Covenanters in the year 1639. upon the Kings delay in calling their Nationall Synod published a writing to this purpose that the power of calling a Synod in case the Prince be an enemie to the Truth or negligent in promoting the Churches good is in the Church it self * Tâ—â— Mâ—◠〈◊〉 â—â—â—â—â—lâ—…nt c. lâ—b 3 â— â—â— M r. Prynne borrowing Junius Brutus his pen in case of the incroachment of Tyranny upon the people wâ—o as he saith are Lords of the Publick from the Prince and the conniveance or collusion of most of the Nobles doth not onely acknowledge it as a thing lawfull but enforceth it as a duty and matter of conscience that any one of the Nobles who considers the incâ—oaching Tyranny and detests it from â—is soul take care lest the Common-wealth receive any detriment Yea saith he he shall preserve the Kiâ—gdom even against the Kings will and resistance by which â—e â—imself becomes a King * 〈…〉 c. with much more to like purpoâ—e So that M r. Prynne is clear that in case the next of kin refuseth he that is more remote may lawfully take the relict to wife In the Tractate last mentioned he câ—teth the Judgement of Georgius Obâ—â—câ—us a great Lawyer witâ— severall others standing to the same point Mâ— Râ—tâ—eâ—ford the great Patron of Presbytery notwithstanding patronizeth also that devolution we speak of Convention of the Subject saith he in a tumultuary way for a sâ—ditious end to make War without warrant of Law is forbidden but not when Religion Laws Liberties invasion of forreign enemies necesâ—itatâ—th the subjects to convern though the King and ordinary Judicatâ—res going a corrupt way to pervert judgement shall refuse to consent to their conventions c. * 〈…〉 And more plainly in another place When the King defendeth not true Religion but presseth upon the people a false and Idolatrous Râ—ligion in that they are not under the King but are presumed to have no King eatenus so far and are presumed to have the power in themselves as if they â—ad not appointed any King at all as if we presume the bâ—dy had given to the right hand a power to warâ— off strokes and to defend the body if the right hand should by a palsie or some other disease become impotent and be withered up when ill is coming on the body it is presumed that the power of defence is recurred to the left hand and to the rest of the body to defend it self in this case as if the body had no right hand and had never câ—mmunicated any power to the right â—and at all * 〈…〉 Long before him M r. John Knox his country-man and great Architect of the Presbyterian disciplin in Scotland in a generall Assemblâ— aâ—ouched it in a dispute against Lethington Secretarie of State to be the judgement of Calvin and of the most godly and most learned Presbyterian Divines that be in Europe that the Inferiour Magistrates and upon their final default the people may and ought to execute their Princes for murthering or destroying there liege Subjects Polâ—nus a learned man and a Reformed Divine of good note expresly granteth that when Bishops and Ecclesiastiques are defective either in will or skill for the Reformation of Religion and the Church laiques or private men may lawfully supply their defect herein and act the part of Bishops or Ecclesiasticall persons in such Reformation * 〈…〉 So that opinion which asserteth the right of Authoritative Executions unto Inferiour Magistrates though properly and primarily appertaining unto Superiour when these neglect or refuse them and unto the people when all Magistracie as well that which is Inferiour as that which is Superiour neglect them is no Independent opinion much lesse any private opinion of mine own it is the signall Doctrine of the greatest Rabbies in the Presbyterian School Let me adde this from a late writer that from diligâ—nt search mâ—de into our ancient books of Law it is affirmed that the Peers and Barons of England had a legall right to judge the King which was the cause most likely for it could be no slight câ—â—se that they were called his Peers and Equalls And to conclude as to this point this present Parliament whilst as yet the Legality of it was not questioned in the least through any dismembering or otherwise and whilst it was as yet it remains for ought I know Presbyterian enough viz. in May 164â— upon that Kings refusall of the Bill for the calling of the Assembly oâ—t tendered unto him fell to argue fully aâ—gued what iâ—â—â—câ— casâ—â— might â—e done by Authority of Parliament when tâ—e Kingdoms gâ—â—d is so mâ—ch concerned when a King refuseth aâ—â— absâ—ntâ—th himself from the Parliament And at last it was brought to this Conclusion that an Ordinance of Parliament whâ—râ— tâ—e King is so absent and refusing is by the Laws of the Land of as good Authority to â—ind the peoâ—le for the time present as aâ— Aâ—â— of Parliamâ—nt it self can be * Thâ— Mâ—â— Hâ—â—â— â—â—â—â—râ—…◠lâ—b â— â— â—â— Therefore this Conclusion stands like a great mountain immoveable that the Justice and
they be either Kings or Tyrants Are not these close Disputants Do they not with much acutenesse bring darknesse out of light drawing a conclusion out of such premisses where neither subject nor prediâ—ate either formally or virtually are to be found So again You know say they the sad examples of Corah Dathan and Abiram those â—editious Levites in their mutinous Rebellious and levelling design against Magistraâ—ie and Ministerie in the persons of Moses and Aaron You take too much upon you said they to Moses and Aaron seeing all the Congregation are holy Wherefore then lift ye up your selves above the Congregation of the Lord Which Moses fears not to call I know no reason why he should a gathering together agaiâ—st the Lord and warns the people to avoid their Company Depart from the teâ—ts of these wicked men and touch nothing of theirs lest ye be consumed in all their sins After which the Earth opened his mouth and swallowed them up with all that appertained to them And yet there were in the Rebellion a considerable number of eminent men as there was in the rebellious Insurrections in and about the Citie of late years both Priests and others two hundred and fifty Princes of the Assembly famous in the Congregation men of Renown Ergo It is not lawfull for the Câ—vil Magistrates to put murtherers to death provided that they be Kings or Tyrants Doth not this conclusion follow roundly from the premises Is not the inference so pregnant and clear that a man without â—â—es may see 't as apparently as â—e that hath the quickest sight of all yet again they seriously beseech his Excellency and Army â—â— learn John Baptists lesson for Souldiers Doe violence to no man or put no man in fear neither accuse any man falsly and be content with your wages But if you persist in these waies wherein you never yet walked behold you have sinned against the Lord and be sure your sin which you never committed will find you out And take â—eed lest when the hand of God shall overtake you and turn the wheel over you you be found to suffer both as evil doers and as busie-bodies such as we are in other mens mattâ—â—s 〈…〉 Ergo murtherers if they be either Kings or Tyrants ought not to suffer Capitally by the civill sword This is a learned argument drawn à majori ad nihil These with the example of Gods severe punishment against the kingdom of Israel and Sauls posterity for Sauls slaying the Gibeonites living peaceably and harmlesly in the land contrary unto oath together with those other texts altogether as irrelative to their purpose as the former as hath been sufficiently evinced by others viz. Prov. 24. 21. Thess 3. 6. Tit. 3. 1. Rom. 13. 1. 2. are all the proofs they levie from the Scriptures to prove their opinion wherein they plead the Prerogative of Kingly murtherers against the expresse commandment of God to be consonant unto them Who can imagin that forty seven men professing Scholarship and good letters and besides trained up from their youth in the study and preaching of the Scriptures should not be able laying their heads their wits their memories their learning their parts and all but their consciences which it seems they laid aside together evidently to see and conclude that there is not so much as a face no nor as the least lineament of a face in all their citations of that opinion which they most importunely and imperiously seek to obtrude upon the consciences of the Generall and his Councel and in them upon the world If they be mistaken who judge these men a self-condemned generation it is too great an opinion of their parts learning and freedom from phreneticall passions that deceiveth them As for that which they adde concerning the uniform and Sect. 66 constant judgement of Protestant Divines both at home and abroad as being consonant unto theirs in the said opinion it is next to the removing of mountains for any considering man to believe but that this also is affirmed by them not only with the secret regret but even with the loud reclamation of their consciences For not to insist upon that saying of one who upon good grounds I believe is able to make it good against all gainsayers viz. * Tenure of Kings and Magistrates by J M. p. 29. That there is no Protestant Church from the first Waldenses of Lyons and Languedoc to this day but have in a round made War against a Tyrant in defence of Religion and civil liberty and maintain'd it lawfull And if so then much more to proceed in a judiciary way against him when they have opportunity The writings of their own Authors and Friends persons of the same judgement and dear interest with themselves in the cause of Presbyterie which it cannot reasonably but be presumed they have read at least some of them are pregnant with this opinion that Kings in many cases of male-administration of the trust and power committed unto them may lawfully be deposed yea and sentenced with death Insomuch that M r Iohn Knox a man of renown in all the histories of Presbyterie and who laid the corner stone of this Government in the kingdom and Kirk of Scotland being by a generall Assembly commanded by the Nobility to write to Calvin and other learned men for their judgements in the question whether Kings in criminall causes as of Murther Tyranny c. might not lawfully be proceeded against by their Subjects alledged that both himself was fully resolved in conscience and had heard their judgements and had the same opinion viz that Kings might lawfully be deposed and capitally John Knox his history of Reformation of Religion in the realm of Scotland p. 397. dealt with in the said cases of many the most godly and most learned that he knew in Europe so that if he should move the question to them again he should but shew his own forgetfulnesse or inconstancie The same Author at this Assembly maintain'd openly in a dispute against Lethington Secretary of State that Subjects might and ought to execute Gods judgements upon their King that the fact of John and others against their King having the ground of Gods ordinary command to put such and such offenders to death was not extraordinary but to be imitated of all that prefer'd the honour of God to the affection of flesh and wicked Princes that Kings if they offend have no priviledge to be exempted from the punishments of law more than any other subject so that if the King be a Murtherer Adulterer or Idolater he should suffer not as a King but as an offender These things he inculcates over and over into those that were present and ads many more of the same import with them This pillar of Presbyterie in another book of his having declared his judgement freely against the establishment of Idolatrous and persecuting Kings and Rulers by the people advanceth his discourse in these words Neither
for him whom they had chosen in his room By the way he here bids us note that the right of electing whom they please is by the impartial testimony of an Emperour in the people for said he a just Prince ought to be prefered before an unjust and the end of Government before the Prerogative And to prove that some of our own Monarchs have acknowledged that their high Office exempted them not from punishment they had the sword of Saint Edward born before them by an Officer called Earle of the Palace evâ—n at the time of their highest pomp and solemnity to mind them saith Matthew Paris the best of our Historians that if they erred the sword had power to restrain them The fact of Eâ—ud in killing Eglon and so of Jehu in slaying Jehoram the said Authour reconcileth with rules for standing practice with much more to this purpose which I leave to the Readers peruâ—al in the discourse it self In another discourse lately published we have this President Sect. 77 recorded Brutus Generall of the Souldiers Lucrâ—tius Emperour of the city of Rome assembled the people against Tarquinius Superlus and by their Authority thrust him from his Royall Throne his goods were confiscated and if Tarquinius had been apprehended undoubtedly he should have been according to the publick Laws corporally punished * 〈…〉 p â—4 The same Authour subjoyneth that Christiern lost the Crown of Denmark Henry that of Sweden Mary Stuart King Charls his Grand-mother that of Scotland and Edward the second that of England for the same misgovernment as our late King lost his Crown and head The Parliament in their late Declaration mention this last President of Edward the second and Peter Martyr concerning that of Christiern King of Denmark writeth thus In our daies the Daues dâ—posâ—d their King and kept him prisoner a long time * where also he adds out of Polâ—dore Virgil that the English 〈…〉 P. Mâ—â—â— â—â— â—ud â— â—◠〈◊〉 have sometimes compelled their Kings to give an account of their money or treasure ill disposed of M r Prynne in his Appendix to the fourth part of the Sovereign power of Parliaments and Kingdoms undertakes in the front of this Lucubration and in the body of it performed the undertaking vâ—ry laudably to manifâ—st by sundry Histories and forraign Authorities that in the ancient Kingdome of Rome the Roman Grâ—ek German Empires the old the peresent Grecian Indian Aegyptian French Spanish Gothish Italian Hungarian Poloâ—ian Bohemian Danish Swedish Scottish with other forrein Kingdoms â—ea in the Kingdoms of Judah and Israel and other Gentile Royalties mentioned in Scriptuâ—e the Supreme Sovereign power resided not in the Emperours or Kings themselves but in the whole Kingdom Senate Parliament State People who had not onely Authority to restrain râ—sist yea call their Emperous and kings to account but likewise when they saw just cause to censure suspend deprive them for their Tyranny vices misgovernment and sometimes CAPITALLY TO PROCEED AGAINST THEM with a brief answer to the contrary objections c. Afterwards in pursuit of this his notable ingagement out of Georgius Obrecâ—us a publick Professour of Law and Advocate to the City of Strasburg he furnisheth us with these Presidents besides that of Tarquinius devested of his kingdom by the people under the conduct of Brutus Lucretius the Roman Senate judged Nero an enemy of the Republick condemned him to the Gallows punished Vitellius with death ignominiously mutilated and dragg'd through the Citie and spoiled Maximinus of the Empire setting up Albinus in his place Thus the French by Authority of a publique Councel thorough the care of the Officers of the Realm deprived Childerick the first Sigebert Theordoric and Childerick the third of the Government In the same manner * M 〈…〉 â—f 〈◊〉 â—nâ— Kingdom Aâ—pend p. â—â—â— saith the same Authour from Junius Brutuâ— we read Adolpâ—us deprived of the German Empire An. 1296. because corrupted with money he had made War with France in favour of the English Wenceslaus A 1400. Although these may be called not so well evil as lesse good Princes Thus in the Realm of England Edward the second for his Tyrannic to his Subjects especially the Nobles whom he destroyed without hearing their cause was at his Queens request adjudged unworthy of his Crown by the Parliament Not long since Christierne in Denmark Ericus in Sweden Queen Mary very lately in Scotland were deprived which Histories worthy credit testifie hath been frequently done in the Kidgdom of England Hungaria Spain Portugall Bohemia and the rest Thus far M r Prynne in Precedents of Kings and Emperours deposed and punished with death to which you may please to add what he relates out of Sozomen and Nicephorus concerning the death of Julian by one of his Souldiers and the fact of the Christians at Antioch upon it together with his Annotation upon both as they were formerly presented Sect. 67. of this discourse beyond whom no man that I know hath travailed with his pen in asserting the Legality of such proceedings against them He that will please to read the Historie of the Reformation of the Realm of Scotland by M John Knox shal find many like Presidents cited and argued from the Scriptures themselves So that the Parliament of England in their Judiciary processe against the late king did not walk alone in an untrodden path but in an high-way occupied upon like occasion by all the chief Nations of Europe yea by the once onely Heaven-beloved Nation of the World The premises from first to last considered that Doctrine Sect. 78. which Prerogativeth kings above the stroke of human justice upon the account of their being unaccountable unto men for whatsoever they do which the Parliament taketh notice in their Declaration of March 17. 1648. pag. 13. to have been the late kings Assertion appears to be very extravagant and and Eccentricall to all principles both of Reason and Religion Such an unaccountable Officer as the said Declaration well expresseth it were a strange monster to be permitted by man-kind For if the main ground of erecting publick Administrations of justice and Courts of humane judicature in all Polities and States whatsoever be both in Reason and Religion to secure and protect those who live justly and peaceably against the violence and injustice of oppressours and unjust men it must needs be contrary unto both to exempt such persons from the jurisdiction of these Court and Administrations who have alwayes the greatest opportunities and temptations and for the most part the strongest bent of disposition and will to practice such unrighteousnesse and oppression Put case a man hath received several wounds in fight amongst which there is one more dangerous and threatening life than all the rest would it not be a soloâ—cisme in reason for this man with all diligence and care to send for the skilfullest Chirurgion he can get and when he is come to limit him in his applications to the wounds
I took this Oath to take it in his sence upon such teâ—ms much leâ—â—â— having taken it that I stand bound so to keep it Suppose thâ— sence of those who made the solemn League and Covenâ—nt of which M r. Geree speaks was that the clause concerning the Preservation and defence of the Kings Person and Authority was to be preferred in a case of a competition before that which concerns the Liberties of the Kingdoms or the bringing of Incâ—ndiaries and Delinquâ—â—ts â—â— câ—ndignâ— punâ—â—â—â—ent or agâ—â—â— that these words subjoyned in the former of these two clâ—uses â—â— the preservation and defence of the true Religion and Liberties of the Kingdom do not import a condition to be performed on the Kings part to bring the taâ—â—â—â— of the Covenant under the obligation thereof for â—he 〈◊〉 and defâ—â—â—â— of â—â—â— Person c. but have some other â—â—yâ—â—icall â—eaninâ— â—â—…r the Covenant-â—â—kers themâ—elves but no wayes coâ—â—oâ—â—ing with the plain and direct importance of the words my conscience doth not teach me that I stood bound either to take or keep the Covenant according to either of these sences whether intended or not intended by the makers But there neither was nor is any place for such a dispute as this nor yet for that question which M r. Geree in this place puts upon me in asmuch as the Parliament when they injoyned the taking of the Covenant expresly gave libertie of Interpretation within compasse I suppose of a regular construction of the words to those that were willing to take it So that M r. Geree doth but beat the air from place to place and seldom or never lights upon his adversary unlesse it be with opprobrious and unmanlike terms In which respect I judge it not an ingagement worthy the Readers pains to follow him in his answer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but shall hasten towards a conclusion by the way of his Arguments whereby he seeks to argue the Parliament men disturbed in their way by the Army together with their Parliamentary proceedings into so much worth and honour as to render that act of the Army not onely indefensible but demeritorious also in the Highest Through tendernesse or fear as his own words pag. 14. Sect. 1â— seem to import of exceeding in matters so clear that no man but himself personally and partakingly considered can see either reason or truth in them he abridgeth himself of the liberty of levying any more than onely 4 arguments in order thereunto two of which notwithstanding are like Pharaohs two dreams for matter of import onely one but for matter of truth none at all yet such as they are being the two formest of the retinue let us give them the preheminence in point of examination The former of the two advanceth in this form Those that keep to their Principles Professions and Declarations made when they are confest to be sober in their right wits and true to trust must needs be judged to be so still The Parliament men who indeavour the setling of the King and Kingdom upon his large Concessions keep to their Principles Declarations and Professions Ergo. The second presenteth it self in these words Those that proceed in a way to which they stand ingaged by divers solemn and Religioâ—â— bands they are sober in their wits and true to trust The oppressed Members proceeded in a way to which they stood ingaged by many solemn and Religious bands Ergo. I shall not take any advantage from the severall peâ—cancies Sect. 17 in point of form which are apparant more than enough in the former of these arguments to say that M r. Geree was not his crafts-master in making syllogismes because it may be it was onely the extraordinary intensnesse of his mind upon the matter that occasioned a mindlesnesse in him of the form I shall cope with him about the matter of his argument And here I cannot but take notice by the way how fain he would steal an hypothesis or ground to make his weak argument stand with some seemingnesse of strength He would have it quietly and without the leaâ—â— noyse of a proof supposed that the Kings Concessions at Newport were very large large enough to settle the peace and safety of an unâ—etled distracted and half destroyed Kingdom nay of three Kingdoms upon For in his loud pleading the bad cause of his Assumption he doth not so much as whisper the least word for the credit of this supposition But it may be that Mâ— Prynne and he had compared notes together the sence of the said M r. Prynne concerning these Concessions being this that they were the largest the safest and beneficiallest ever yet granted by any King to his Subjects since the Creation * Mâ— Prynne Epist 〈…〉 hâ—â— Sâ—â—â—ch of Nov ◠〈◊〉 with I know not how many Rhetoricall that I say not ecstaticall encomiastiques heaped upon their heads besides †Pâ—◠〈…〉 Speâ—ch It may be M r. Geree believed half of what M r. Prynne aâ—firmed and this was sufficient for his purpose But the best is we have the Reason of one Kingdom and the Religion of another to balance the confidence of these two mens imaginations about the largenesse of the said Concessions First the Parliament of England which is the Reason of Englâ—nd declares that the Propositions themselves which were made to the King at the Isle of Weight were such as if they had been granted and kept of which they say there was no probability yet would but have returned the people again to their former slavery of which assertion they give a very sufficient account in the words following for asmuch say they as by these propositions neither this Parliament nor any succeeding one was put into a capacity of ever being able to make any good Lawes the King being still suffered to continue his negative vote so long opposed c. * 〈◊〉 of â—â—â— 15. 〈◊〉 If the Propositions themselves had they been granted head and tail from first to last and kept as liberally as granted amounted to no more than to the re-enslaving of the Kingdom what may we think those partiall and cautionary concessions of them by the King as large as his two Champions would make them were like to have profitted the Kingdom Unlesse the old adage should administer some hope to us in this kind 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The half sometimes is more than is the whole Thus then we see that the Reason of England makes but coals and that upon a very demonstrative account of those Concessions of the King of which M r. Geree with his Royall Assistant Mâ— Prynne makes such treasure These men crie up adore the largenesse of them whereas the other who have calculated the dimensions of them with far more exactnesse and skill complain of the narrownesse and scaâ—tinesse of them as comprehending neither the abolishing of the Kings negative vote and thereby no competent or tolerable provision for the liberty of the people nor yet
†〈…〉 as if he intended to make a dooâ— thereof by which the King might make a plausible if not an honest escape from his Concessions when he pleased 3 It hath been the Observation of many Generations that Kings never held themselves bound to keep any agreement made with their Subjects especially made in order to a composure of any differences between them further or longer than themselves pleased Many examples are upon record of the violation of such agreements by Kings but few or none of tâ—e Observation of them upon any other terms than those speciâ—â—ed â—â—â—istâ—â—â—n the second King of Dâ—nmark not much above an hundred years past driven out by his Subjects and received agâ—in upon new Oaths and Conditions broke thâ—ough them all to his most bloudy revenge slaying his chief Opposers when he saw his time both them and their children invited to a â—east for that purpose Maximilian the Emperour dealt little bâ—tter by the inhabitants of â—ruges after he was reconciled unto them yea though this reconcilement was procured and effâ—â—ted by the mediation of the Princes of Germanie and drawn up in publick writings sealed And as one well observeth the bloudy massacre at Paris Anno 1572 was the effect of that credulous peace which the French Protestants made with Charls the ninth their King * 〈…〉 p 4â— who likewise addeth that the main visible cause which to this day hath saved the Netherlands from utter ruin was their finall not beleeving the perfidious cruelty which as a constant Maxim of State hath been used by the Spanish Kings on their Subjects that have taken arms and after trusted them as no later age but can testifie heretofore in Belgia it self and â—his very year in Naples The same Authour likewise observeth very pertinently to the point in hand that David after he had once taken arms never afterwards trusted Saâ—l though with tâ—ars and much relenting he twice promised not to hurt him This dissembling of â—eâ—d till an opportune time for revenge was it seems even in Hâ—meâ—s dayes taken notice of as a principle familiarly practiced by Kings who upon this account makes Chalcas speak concerning Agamemnon thus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. A King when angrie with a meaner man Will have the better on 't For though to day He should digest his cholâ—r yet be can Reserve in brest on purpose to repay Wrath and revenge in due time afterwards The present Parliament likewise taketh knowledge of that unprincely Principle in Princes which we now speak of in their oft-mentioned Declaration of Jan. 15. 1648. pag. 12. 13. Hardly say they can any example be produced either forreign or domestick of any Prince once ingaged in a War with his Subjects that ever kept any agreement which he made with them longer than meer necessity did compell him theâ—eunto The eâ—amples to the contrarie are so many and so manifest and the late bloudy violation of the peace betwixt the Crown of â—â—â—in and those of Naples is so fresh in our memoriâ—â— as we cannot expect any Propositions agreed upon at the Isle â—â—â—igâ—t should bind the King more than Fundamental Laws and Coroâ—ation Oath besides his often Protestations and ingagements in the Name of a King and oâ— a Gentleman which He hath so often violated And though that Pâ—overbiaâ—izing Prayer of the Italians to be delivered from 〈…〉 a â—â—â—â—â—ened â— or strained â— wind and fâ—om a reconciled enemie too generally understood may well be conceived to trench upon the Principles of Châ—â—stianitie yet in reference to Kings and Princes it imports none other than that Serpeâ—tine Wisdom which Christianitie alloweth yea and commendeth unto hir children 4. If the Thrones of other Kings and Princes have been so â—â—â—â— 25 constantly haunted with the wicked spirit of Covenant-breaking with Subjects upon differences and discontents there was little hope that the Throne of such a King would be free whose Genius should inspire him with this saying that â—e never â—ad forgiven an injurie nor ever would Ex ungue lâ—onem 5. There was yet so much the lesse hope that the late King would have stood by his Concessions because he had so solemnly with so much Conscience such as it was resigned up himself if M r. Prynns story be true to the service of the Pope who first claimeth a right 〈◊〉 ower to dispence with Oaths and much more with all ingagements of an inferiour nature and 2 driveth an Interest altogether inconsistent with the reall and effectuall performance of the said Concessions by the King The words of his own letter to the Pope as M r. Prynne translateth them are these I intreat your Holinesse to believe that I have been alwayes very far from incouraging Novelties or to be a Partisan of any Faction against the Catholick Apostolick Roman Religion But on the contrary I have sought all occasions to take away the suspition that might rest upon me and that I will imploy my self for the time to come to have but one Religion and one Faith seeing that we all believe in one Jesus Christ having resolved in my self to spare nothing that I have in the world and to suffer all manner of discommodities even to the hazarding of my estate and life for a thing so pleasing unto God * 〈…〉 6. And lastly It was the confident sence of some very intelligent and sober men many years since from whom I received it upon a very good account for the Truth of it that upon the Execution of Justice upon the Scottish Queen in this Kingdom there entered a foul spirit of revengefull intentions against this Nation into the line Royall of that which as they suggested hath wrought accordingly ever since as well in the Father as in the Son though not with an uniformity of open vigour or violence the naturall temper of the one being more timorous and inclining to politick clandestine and underhand actings than of the other But that the mischief ruin and destruction of the English Nation was become the hereditarie ingagement of that Crown unto which it was subject till of late is conjecturable if not demonstrable by the foot-steps of so many State-actings from time to time of an uniform tendencie that way that a man must shut the eyes of his understanding very close not to see or at least not to be strongly suspicious of it And by this time enough I presume with advantage hath Sect. 26 been said to prove M r. Gerees sence touching the point in hand very anti-rationall viz. that the King had he been restored upon his Concessions would not have let out his spirit in a destructive way of revenge His temper spirit tenour of former actions resignation of himself Crown and Kingdom unto the Popish Interest his heiring an inveterate and deadly feud against the English Nation with severall other symptomes of like Prognostication with these proclaim aloud
Army And secondly to have adjourned the House for two years Both which votes their numbers Subtilty Industrie in promoting their own ends interest in the House considered they might easily have carried and as for the House of Lords in all things relating to the Royall Interest they were as these were they could deniâ— them nothing How apparantly destructive both these Votes especially in Conjunction would have been to the Kingdom and more especially to the Army and the whole Parliamentary party in it a â—ew un-prejudiced thoughts are sufficient to determine First the Army being despoiled of the Title and Authority by which they had acted hetherto and by which they are yet in a regular and lâ—gall capacity of acting had been left nacked â—o the fury and revenge of the King and his party there being no provision at all made in those his Concessions for their security or indemnity in which condition they had been necessitated â—ither to reject that Parliamentary Order or Vote by which they were injoyned to disband and to stand to their aâ—mâ— upon their guard notwithstanding which in all likelyhood would have involved the Nation in new combustions and thâ—se as bloudy and grievous as any the former had been or else to have offered their throats to him whose mercies â—â—re â—â—â—â—ll and whose cruâ—lty had been whetted by themselves to the kâ—â—nest edge which the metall of it would bear by 7. years provocations Which considered were that true which M r. Geree presumption-wise chargeth them with as a matter of high demerit viz. that it was through fear of their own lives and to escape themselves that they dealt so roughly with the Parliament men the truth is that they were not much if at all upon such an account to be condemned For perill of life yea though not extreamly imminent or urging is of that kind of necessity which the positive and expresse word or Law of the Gospel it self authorizeth with a dispensatorie or superseding faculty over many the Lawâ— of God himself as I have fully proved in my Right and Might well met yea which the Law of nature it self authorizeth with a like power over the Laws and constitutions of men And if it be lawfull for me to defend my self against him that assaulteth me though with the perill yea or losse of the life of my Assailant why should it be deemed unlawfull for me to turn such men out of their way though it be with their disparagement and contrarie to a standing humane law whom I clearly find to be under a purpose and present ingagement of delivering me up into the hands of my implacable enemies without cause I adde this that for men to make their peace with their enemie with the heads and lives of those who have with the eminent hazard thereof for 7. years together protected them against the revenging power of this enemie is as unreasonable unnaturall unworthy an Act as is lightly incident to the nature of man not extreamly imbased and degenerated For the latter of the two intended Votes mentioned concerning the adjournment of the House for two years what did the intendment of it by the said Members import but their deliberate desires if not clandestine and under-hand ingagements unto the King to remove all obstructions and impediments out of his way and to bring him in with the greatest liberty and freedom his soul could desire both for taking revenge upon all those whom he or hiâ— would please to call enemies and to put the Kingdom it self into what posture he should desire to be troden upon and tyrannized over without danger I confesse if this with all the particulars formerly mentioned by way of inducement unto the Army to sift and garble the Parliament as they did will not amount to a Necessity yea to a Necessity of the first magnitude to a Necessitie like unto a King upon his Tâ—rone against whom there is no rising up I have need to be taught the first rudiments of Necessitie because upon such a supposition I am conscious to my self that I understand nothing â—â— all of the nature propertie or condition of such a thing Some odde Reckonings between Doctor HAMOND and the Authour set straight I Perceive by some pieces published by this Doctour Sect. 1. since the late troubles and differences in the land that he hath some particular desiâ—e to ingage me I cannot account either unto my self or to any other man for the reason or cause of such his desire considering that many others have taken up the bucklers against that cause and party which he maintaineth as well as I and that I never in any of my writings untill now either mentioned his name or any of his writings or any wayes personally reflected upon him in the least I have I confesse heard frequently of him nor have I at any time heard any thing concerning him but well and worthy of a man his Judgement in the Grand State-question of the times onely excepted the disparagement whereof I was very willing to passe by as judging it honestly covered with his other principles and regular deportments in the world But since he hath once and again and perhaps ofteneâ— than is yet come to my knowledge lift up the standard of his pen against me I have at last taken the field hoping to right my self at that weapon wherewith I have been assaulted What of mine he hath essaied by way of argument to make crooked in his humble Addresse c. I have I suppose in the first of these Treaties upon the same account made perfectly straight What of mine he further censureth by way of charge and imputation in that Treatise I shall revise and vindicate after the ingagement of a few lines first to right a former Treatise of mine now of seven years standing and more in the world called Anti-Cavalerisme against some injust aspersions cast upon it by this Doctours pen. Which nakednesse of his notwithstanding I had covered with silence and neglect had he not allarmed me the second time with the same Trumpet Pag. 24. of my said Treatiâ—e intituled Anti-Cavalerismâ— the Doctour it â—eems met witâ— this passage from my pen. How easiâ—â— migâ—t he Tertâ—llian mistake and miscarrie in a matter quite besidâ—s â—is profeâ—sion and course who not long after miscarried sâ— grievously in his own as to turn Montanist who called himself thâ—â—oly Ghost c. The latter words of this period the Doctour exagitates with theâ—e as if saith he I should RESOLVE this man knew no Logick becaâ—se in this period he offends so much against Grammar in these words to turn Montanist who called himself the holy Ghost where the Relative who hath certainly no Antecedent Tertullian CANNOT for he called not himâ—elf the holy Ghost and Montanist CANNOT unlesse as once Areopagi signified the Areopagites so now by way of compensation Montanist must passe for Montanas for he it was that called himself the holy Ghost What an eagle thus to beat and