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A86729 Digitus testium, or A dreadful alarm to the vvhole kingdom, especially the Lord Major, the aldermen, and the Common-Councel of the City of London. Or a short discourse of the excellency of Englands lawes and religion. Together, with the antiquity of both, and the famous Kings that England hath had to defend both the religion and the laws against the heathen Romish emperours, and against the Romish power, under Popes. With the several plots the Popes of Rome have used against the Kings of England, to throwe them down, and how of late he hath prevailed against the magistracy and ministery of England, his new designes, and manner of progress: together, with a serious view of the new oath or ingagement, with 22. queries upon the same. And also objections made against the non-subscribers thereof answered. Let the ingenuous reader take so much pains, as to read that incomparable peece of vindication of a treatise of monarchy by way of discovery of three main points thereof. Hall, Henry, d. 1680, attributed name.; Hall, Edmund, 1619 or 20-1687, attributed name. 1651 (1651) Wing H339A; Thomason E621_13; ESTC R206419 34,005 37

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men without remedie must our estates our livelihoods be taken away our wives ravished our children dis-inherited our goods rifled and must we have no remedy and all because we will not ●ump with men in their opinion Let all Europe judge between our enemies and us this day what have we done against them thus to provoke them who of us have lifted up our hands against them where are these of us that in any taxes are behind but we have payed it double and yet a thousand of our families are ruined by them they have taken away our offices and livelihoods they have suspended and imprisoned sundry of our Orthodox and Presbyterian Ministers and now have layed a snare to pluck them out of their Benefices and at last to drive them the kingdome as men unworthy to be protected Where is that liberty of conscience they so much pleaded for before they got to be supreme is not that forgot now Are not Mr. Edwards his words fulfilled who fore-warned the kingdom of that party which pleaded for Liberty of Conscience saying If ever they got power they would not grant liberty of conscience to others who now so much plead for it for themselves This is our comfort in our distresse that though on all hands we are hated and persecuted and repreached by our enemies yet for all this we have not dealt falsly in our Covenant and we can say more in our distresse to uphold our hearts then all our enemies Lord thov knowest our integrity We will onely adde one thing which indeed is no addition but a vehement reiteration that this new Ingagement may be explained according to our Queries or any other way to satisfie the rationall and sober minded part of the Kingdom and if possible the drawer of it up and first framer of it may be known This would give wonderfull satisfaction not onely to private men but Parliament men who know the framer of it and stop the mouthes of such who say that Sir Kelenem Digby and that patty that came with him from Rome into England about the time of the throwing down of the Lords and cutting off of the King framed this Ingagement against the Protestants and Covenanteers party as also to ruine the Parliament and Army This by many rationall men is much credited upon this ground because that the chief head-peeces of Rome were at the cutting off of the King here in England freely in oying their liberty such as Sir Kelenem Digby with his concealed Comrades besides Sir Iohn Winter Endimion Porter Esquire Walter Montague Esquire Sir Edw Ford all professed Papists and the most of them proclaimed Traytors some of them being of the blood of the gunpowder-traytors these had all their liberties to flant it in the City of London and Westminster Hall and were courted and gallantly entertained whiles above 40. of the notorious Hereticks in the Popes black book we mean stout Protestants whose names many of them were at the Covenant in Print were inforced to look through the grates of Prisons Sir William Waller Major Generall Brown Coll Coply and others being to this day deteined and not the least cause shown for it but only because they are Protestants many were inforced to make escapes and flye beyond Sea as Coll. Hollis Col Massy and severall Citizens of London so that all men that had observed the Popes designes since the Covenant was made against him in England concluded that now the designe of the Popes had taken effect and he had taken full revenge upon the Parliament of England for all their Injuries done unto him and his party Since which there onely remaineth of the Covenant keeping Presby●erian Ministery against which many Petitions have been made and put up to the House at Westminster some to take them down and some to take their means from them But now the last and grand designe is to put upon them the new Ingagement this hath scattered the Assembly of Divines in the first place hath shaken and cast out the Heads of Houses in both Universities and daily creepeth more and more upon the Protestant Ministers both in the City and Countrey clipping their estates and keeping them out of Livings and Benefices whereby very many of the godly Ministers with their Families are like to starve already these things make many Protestants imagine that the design is to pluck up all the sound Protestants in the Kingdom both of Magistrates and Ministers and so by degrees to eradicate the Protestant Religion and all to make way for Popery which hath already got stronger footing in the Kingdome then the Protestant Religion for all the oaths that were against their consciences are taken away and a new one set up well pleasing to the Papists onely offensive to the Protestants nay all Laws against the Papists are repealed and they restored to their ancient liberties in Q. Maries daies and worse Laws against the Protestants then in her daies Nor is this inconsistent with State policy for if it be true as it is beleeved and reported to be true that the designe is to set up Monarchy in another family they cannot do it without the alteration of Religion for the Protestants they are resolved to keep their Covenant and the Sectarians they are in no wise to be leaned upon by reason of their instability they are like Jackdaws that flye from Church to Church sometimes here sometimes there Heterogenious parts in an intire body are fit to throw down a government But unfit to erect another But the Jesuite he is both a Statesman and a staid man upon the Romish bottome and that party viz the Romish party are all allies in the Catholick cause so that he that will usurp a Monarchy his onely pollitique way is to joyn with that party who can befriend him in every Countrey For all Catholick Princes are bound by an Oath as much as in them lies to promote the Catholique cause and what Prince that is a Papist dares be assistant to a Protestant Prince against an usurper that hath promised the Pope to set up the Catholique cause and root out Protestants that Prince that should do so should be sure to be cursed whith bell book and candle at Rome nay what King durst refuse upon the Popes command to be assistant to the usurper against the true head being a Protestant we will say no more what others say either to tell of Sir Kenelem Digby his being sent to Rome or of Quarter-master Generall Watsons going after him or of his instructions what to agitate at the Popes Court or of the Popes designs in Ireland against the Protestants But we will desire the Author who ever he be or the power that put it forth that they will tell us what is the meaning of his new Ingagement and make it cleer to us that they can lawfully impose it and when the justnesse thereof in each particular shall be made out that it is for the glory of God the advancement of
all the World and their damnation sleepeth not be not found amongst the number of Hypocrites Apostates Atheists and Papists persecuting the poor Church the sword is put into your hand for the preservation not for the persecution of a godly zealous Ministery The God of all wisdom direct you for the Churches good and his glory for which ends we dedicate these our Papers to you A short Discourse of the excellency of Englands Laws and Religion c. IT is not unknown to us the Free-born Protestants of England that our Nation claimeth the priority of all other Nations in the World for ancient and famous Laws and Peace and Religion The Laws and Customs of England saith Learned Fortescus are ancienter then the Laws of the Romans yea of the Venetians which are esteemed the ancientest in the World they are more famous then others because better then the Laws of other Nations and that in a threefold respect in the subject matter in the form and 3. in the disposing of them The ras substrata of the statute Laws of England is reason which indeed is the totum compositum of the common Law Common Law is a vast mine of right reason out of which all other Laws are digged and fitly squared to the good of the Kingdom he therefore is esteemed the best Lawyer that spoke the best reason and herein the People of England excel all other Nations in that they are only subjected by the Law to reason and the purest reason which to be is doubtless perfect freedom yea it may truly be affirmed that by the Law they are subjects only to divine reason for we have such a standing Law upon record that whatsoever Custom maxim or Statute shall be faind directly contrary to the Law of God that Custom Maxim Statute or Case shall be ipso facto void and so adjudged And as for the matter for the form the Laws of England are the absolute and undoubted best in the World for as there is universal obedience required and injoyned to every Law inacted for there is a general assent in the acting and constitution of that Law There are 3. estates which concur as joynt causes of the same effect in making of a Law These 3. Conjunctions do make the supreme Authority of the Nation the Apax or Culmen potestatis being set upon the Kings head all Writs and procession issuing out in his name with him are joyned the House of Lords and the House of Commons these 3. divisions are limitted by Law but compunction they have power to repeal or make a Law and none can say unto them why do you so but either of these apart are limitted by Law Limitations of royal power have been made and acknowledged by Magna Charta and several other acts and no obedience acknowledged any otherwise then according to Law and King Charles acknowledged that the measure of his power was the Law and he desired no more then what he was invested with by Law And so of the other two estates of Lords and Commons these three have negative voices alike have freedom in their several places a like freedom to make motions and freedom to reject what they dislike This is the absolutest best Government in the World as is clear from God and Nature God himself who is the Almighty Monark of all Spirits hath pleased to reveal himself to Man in a Trinity of persons and governs the universe by himself Angels and Men Celestical Bodies by Sun Moon and Stars the little World Man by understanding will and affections and the Kingdom of England by King Lords and Commons The King of himself cannot make a Law of himself if he do t is tyranny nor the Lords in a part by themselves nor the Commons by themselves against the other two if they do it is usurpation exceeding presumption perjury and Treason for they are sworn to the contrary by their Oaths of allegiance and supremacy to act nothing against the Crown and Dignity of their Soveraign Lord the King besides they are sworn to maintain the Priviledges of Parliament The King makes the first of these three Estates by a right which is not by election nor by Conquest simply but by inheritance for the Saxon Kings laying the plat-form of good Government here in England continued it succesfully until the Danes drove them into Corners subduing them for a time the which they soon recovered again and so recovered their ancient Customs and Laws again and continued them Edward the Confessor who was of the Saxon line having no Heir descending of his body intended to make Edgar Ethling Gran-child to Ironside his successor but Edward the Confessor dying Harrold-Earl Godwins Sonne being popular for his Victories usurped the Crown and dispossessed the right Heir deluding William of Normandy to whom he had promised by Oath the Government of the Kingdom after the death of Edward William Duke of Normandy hereupon pleads a right to the Crown of England by promise as he said from Edward the Confessor and hereupon brought an Army with him from Normandy and gave battel to Harold the Usurper at Hastings in Sussex where he overthrow'd him by whose overthrow there was way made for a Treaty betwixt Duke William and the Nobles and Citizens then at London Duke William pleaded his right by promise as having a grant of the Kingdom made to him by Edward the Confessor and confirmed by Harrold who forswore himself and usurped the Crown hereupon Duke William was received and acknowledged King by the Nobles and City of London after this Edgar Ethling who indeed was the right Heyr compounded with Duke William and for a royal allowance which Duke William granted him he reconciled himself to him and thus William came in as Successour to Edward the Saxon King and so it succeeded from the Normans to the Plantagenets Henry the 2. being the Sonne of Maud Henry the 1. his Daughter whom he married to Jeffery Plantagenet who begat Henry the 2. and so it passed from the Normans to the Plantaginets in whose unquestionable time eight Kings succeeded each other afterwards they divided Henry the 4 of the younger house usurped the Crown being of the house of Lancaster but Edward the 4. of the house of York coming in upon a better Title then those of Lancaster overthrew those that opposed his Title this Division continued and lived until Richard the 3. died who breathed the last of the Plantagenets The Tudors next succeeded the Plantagenets Henry the 7. matching with Elizabeth the eldest Daughter to Edward the 4. of the house of York united both houses of York and Lancaster laying the white Rose and the red together in the royal person of Henry the 7. the Scepter fell back into the Current of the old brittish blood together with the German Norman Burgandian Castalian and French atchievements with the intermarriages which 800 years had acquired incorporated and brought back into the old royal time