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A62890 The rebels plea, or, Mr. Baxters judgment concerning the late wars in these particulars : viz. the originall of government, coordinate and legislative power in the two Houses, third estate, force upon the Houses in 1642, principles the Houses went by at the beginning, destructive to monarchy, covenant, reasons for submitting to the late government. Tomkins, Thomas, 1637?-1675. 1660 (1660) Wing T1838; ESTC R32811 35,816 50

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part of that Assertion or at least explain it so as to be intended onely of lawfull ones For to Usurpers they have shewed themselves friends and true Subjects They will not molest their Prince no not for their Covenant provided he hath but a bad Title let them see right trampled upon they are contented they ask no more The reasons of which prodigious dealing are these I am bound in Conscience to submit to the present Government first because a full and free Parliament ●at● owned it which is notoriously the consent of the people which is the evidence former Princes had to justifie their BEST TITLES Absurd absurb absurd And it is the opinion of Grotius upon Mat. 22. 20. That private men are not judges of the Controvertible Titles of Princes And Christ commanded to give 〈…〉 was in 〈◊〉 The 〈◊〉 Assertion that the consent of Parliaments was former Princes best Title hath in it I know not whether more of non-sense than treason it sounds certainly strange in the ears of English-men who have been hitherto told that there was no interregnum here the death of the former Prince being all that was required to compleat the title of the latter whom no act no not an Attainder in Parliament could debar from his Throne the Parliament deriving its Authority from the Writ of the Prince without Authority from whom as King already they could not have met ●ut here by the glorious name of Parliament he means onely the House of Commons the Other House being not at all elected by the People and so not involving their consents Now that the House of Commons may give away the Heire of the Crown and all the Peers native Rights to whom they please even the meanest and most wicked Varlets is one of their very New Priviledges But Christ bad us pay tribute to Caesar because he was in Possession Between which Case and ours there is this difference There the lawfull Magistrate receded from his Right which in our Case was not done The Romans title to that being not as in most other places meer Conquest but dedition Aristobulus the younger brother getting possession by wrong Hircanu● the elder parted with his Right to the Romans on condition they would conquer it by their Armes He chose rather by their help to rule as a Deputy of theirs then to keep a more noble title he had no likelihood ever to enjoy see Dr. Hammond on the place The Romanes then had the right of him who had the very right the onely remaining difficulty is how C●sar came to have the right of the Romanes which notoriously was in the ●●nate and People To which I say this The Senate and people upon what inducement it concerns me not to enquire at present laid down their claim parted with their power submitted to and acknowledged the Emperours to be their very good Lords Pusillanimously I must confesse and their own Historians proclaim it but quilibet post credere juri su● If they parted with their right to C●sar then C●sar ●ad it King Charls never did so and Res inter alios a●●a 〈…〉 debet I may now confidently say this example reacheth not the question but if it did paying necessary Tribute is one thing writing fine daintily fi●e canting Epistles is another but this I will not at present urge because Mr. Baxter shall not say I endeavour to disgrace him but onely commend his or his friends discretion that one of his Prefaces viz. that before his book of Church Government is very rarely to be met with of late times This argument tempts me to put this one question by what name are those Ministers of this Nation to be known that had rather Richard Cromwel should have raigned then King Charls● I have now gone over so much of Mr. Ba●ters Books as seemed in any degree argumentative I have left out much which I might pertinently and truly have urged because I would not mention any thing which might seem exasperating For I could heartily wish the Parliament could passe such an act of Oblivion that all that is past may be not only pardoned but forgot There hath certainly so much of folly as well as impiety been seen in our late Proceedings that it were much for the credit of this present age if posterity would give as little credit to those who tell them these things were so as we fools did to those wise and honest men who time enough before hand told us they would be so If any thing in these papers seem offensive though I have taken all possible care nothing should to some men who think the onely way to secure their honour and innocence is to be angry I do assure them the rubbing upon the sore places was not to hinder the healing or to vex and inflame the distempred parts but onely to free them from that errour of taking themselves to be whole already If any thing here may be of use to any reader I shall think my pains well bestowed however I shall at any time gladly hazard mor● then alittle labour in the service of that cause I plead for FINIS Errata
us That the late King was the troubler of England ●s Achan was of Israel subjoyning It was the Lord that troubled Achan because he troubled Israel Oh that in this our State Physitians would resemble God to cut of those from the Land who have distempered it Melius est ut pereat VNVS quam Vnitas In the same Sermon Men wh●ly under the guilt of much innocent blood are not meet pers●us to be at peace with till all the guilt of blood be expiated or avenged either by the sword of the law or the la● of the sword The Independents 〈◊〉 themselves out of the Presbyterians principles and practises G●odw defence p● 94. The Ministers of London themselves and the Church of Scotland Charge him being the greatest Delinquent guilty of the blood of hundreds of thousands of Protestants the blood●est man under heaven He was summoned and Arraigned in the sight of God and his people curst and 〈…〉 worse than any 〈◊〉 or 〈…〉 exhortation to curse all those in the name of God that made not War a●gainst him as bitterly as Meroz was to be 〈◊〉 that went not out against the Canaanitish King Almost in all the Sermons Prayers of seven years He was called Opprobium generis humani The most bloody monster and miscreant under heaven That I am so civill 〈◊〉 to spare names I might use in this argument I hope will procure thus much that Mr. Baxter if he thinks fit to reply will do it fairely and calmely However my advantage is not quite lost but remains still to be used at pleasure over persons he very much esteems and for their sakes I believe I shall fare the better That they preached against putting the King to death the Presbyterian Ministers urge strongly and with much applause 〈◊〉 themselves though indeed it signifies as much as just nothing the reason is clear while the Parliament Declared and the Army fought for Presbytery and the King opposed it none were more vehement obstructers of all the designes tending to his restitution then the Ministers for so long they had hopes by that means that all the Lands Power of the Bishops Deans and Chapters the best Parsonages should be divided among them But when the Independents out-witted them and seemed to have perfectly learned their lesson they taught them of declaiming against something as an humane invention in the form of worship of those whose lands they longed for then and not till then they would have been content to have joyned with the King against that Army themselves had joyned with and raised against the King When the Votes no further Addresse were first passed by men they had hopes of which of them then abhominated the dethroning of their Prince I shall make this quere if it be not absu●d in so clear a matter to make a quere Whether if the Parliament and Army had joyned together as one man to set up high Presbytery divided the Church lands among them and the King had refused to yeeld his assent to such illegall Acts they would have pleaded the Covenant in his behalf and thus loudly talked for his restitution to his Authority let their friends speak That upon such terms as they pleased they would restore him is no more then the very Army would have done who after the Sentence passed came and offered him conditions They merit the lesse by their last appearing as they call it for the King in as much as in that juncture of affaires it seemed very unlikely they should-subsist without him The Cove●ant were exploded every where the Army called it a Carnal thing the Sectaries in the City said it was a thing ridiculous to unhorse Episcopacy and set Presbytery in the Saddle to be rid of my Lord Bishop and doe twice the homage to Sr. John Presbyter their own arguments were retorted upon them the Apostles were not Lord Bishops shew where they had their thousands per annum changed into the Apostles were not Parochial Ministers shew where they had tythes that at such a time as this they would have been content to have been maintained by the Common Enemy against their best friends is what they think highly obliging This was that great piece of Loyalty they would have had the King saved when it was the onely way to save themselves A King Deposed is surely not looked upon as a King by those who depose them now if imprisoning passing Votes of no further Addresse doth not depose a King I would fain know what doth Being in that condition and guilty of so much blood as they all along declared him to be when those words of the Covenant of Bringing all Delinquents to justice without respect of Persons should have come to be considered How much further they might have proceeded had not the power been snatched out of their hands by their Servants as themselves had done to their Master I leave to their past words and works to declare They did indeed recall those Votes of no Addresse and Treated with the King but it was when they could no otherwise be rid of the Army but by joyning with the King and Nation against them and even then they so perplexed the King and protracted time with terms and punctilio's of procedure and were so dissatisfied with whatever the King offered whilest they had the shadow of any power that the Army had opportunity to break off that Treaty the Houses would not end That part of the Covenant that concerns the Priviledge of Parliament Mr. Baxter and his side are very confident they have inviolably observed let us and them consider what was before said of the Tumults and the Scots Army the affronting and assaulting the Bishops and other Lords the posting up of the dissenting Members names of both Houses and which is above all their illegall turning men out for having a hand in some Patent Monopoly or other which they might as well have done for having been guilty of any fault having red Hair or a Roman Nose which action whether it did not null all their proceedings eo ipso as making it no House by fecl●ding men fairely elected some make a very great question Before I take the Covenant I shall make this one not unreasonable request that I might know the Priviledges of Parliament first and swear to them afterwards one example may not be tedious On the 3d. of January 1641. It was declared To offer to Arrest or detain any member without first acquainting the House is a breach of Priviledge Ex. Coll. p. 35. The palpable absurdity of this Doctrine being discovered by the King in one of his Declarations and other Treatises in Novemb. ● 1642. They declare they ●ave no such priviledge but that any Minister of Iustice may Arrest a Member without order from the House and detain him in custody till be may be brought to parliament Whereas I represented the Covenanters to be pernicious enemies to every Government their dealings with our late Tyrants force me to retract