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A86921 The golden law and emperial principle, or, The universal monarch viz. the soveraignty of salus populi (not voluntas nor voluptas populi) over all powers and potentates whatsoever ... : besides many other usefuls, to rectify and so to satisfie the conscience scruples of all sorts about the high and disputable point of this time, as, who hath right to the government of our three countries ... Hunton, Samuel. 1656 (1656) Wing H3786A; ESTC R43645 60,737 104

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HER SOVERAIGNTY c. Sect. 1. WE are constrained by the ignorance and pravity of the Multitude to Tautoligize it in repetitions even to a wearying of our selves and the world with words and yet it will not do and therefore we must yet do it So we are forced to present our selves on the Theater once more in behalf of * The peoples safety and welfare Salus her Soveraignty so in behalf of Salus her * The Governour Soveraign c. Her Soveraignty we make good by the Arguments following His by Sect. 43. to 53. so 78. to 83. § 2. We wil first begin with Scripture Arguments the better to infallible it yet as fortified with right Reason also in things of this nature else were they forfeited c. We will next pursue it with right Reason which wil self-ly infallible it yet not to the * Ignorants and conceiteds self-ish but together we dare inscribe it with Scriptum est For Scripture § 3. Christ saith the Sabbath was made for man yea for Individuals how then for the Universal It was made for him chiefly in points of humanity as in Acts and Offices of Mercy Charity Love Justice and just necessities see Deut. 5. That thou and thine both servants and beasts may rest and remember that thou wast a servant in Egypt and how acceptable and welcome Rest was or would have been to thee c. 4. Thus in just competition all things comply to Humane necessities and God is then best served in the omission of Sacrifice for Mercy so you cannot glorifie honour serve love obey and worship God better then to decline him and incline to or prefer Mercy before Sacrifice that is wave the Sabbath in its religious rites duties and observations if they clash with Mercy make God then on just occasions and grounds a God of mercy and you magnifie him most for his mercy is above all his works and doth magnificent him but yet take heed you incroach not on mercy's good nature beyond our cautions which if you do Justice will be meet with you for shee is bound not to see Mercy abused 5. Again it s better that one man die then all the people perish and now all the people must perish to inright one unrighteous man 6. The Man then to die was a righteous Man the People he was to die for were most unrighteous yet he must die that they may live Now all the righteous people must die for one unrighteous man that he may live to live on them and Lord it over them 7. The Man then to die was a God also the People he was to die for were * By do generating Divels and yet he must die but now c. 9. Thus much for Scripture Arguments in behalf of Salus Soveraignty as justly necessitated We come next to right Reason which agrees with Scriptures so it s the same in Nature though not in Name 10. Right Reason saith then That Physick and Food are servants to their ends life and health So Kings Princes and Powers are the like to the Peoples safety and welfare there being no other end and use of them as such but such c. 11. Moreover we see that all sorts do and must one ways or other as they are able venture their single Individual persons lives estates and rights for the Publike or may be justly enforc'd else the Publike might perish and so the Individuals thereof 12. Magna Charta so Law Priviledges and Rights are pleadable twixt Individuals and justice is their due accordingly but not by any one against the highest publike Governour in opposition to publike necessities or as they clash therewith of which how and on what terms he is Judge judge ye by Sect. 83. c. 13. Here no Law for or if a Law against is of no value the Principality of our Principle will not allow thereof as you shall find ere we have done and you do find afore what God hath doth and will do in the like case in what relates to him In short we cannot allow Law which is but a bare name a very nullity in this case a dead thing enlivened onely by letters and words but most by opinion to Lord it over its the Publick Lord whose servant it is and by and for whom it was made and may if it carry it self amiss be chastised Sure it was not rais'd to raze him c. The Parliament Law-makers were Law-breakers as the Publike was necessitated 15. I conceive by all the aforesaids that Salus Soveraignty stands clear and is apparent and so who are true and who are Traytors thereto so that now we may venture to inscribe it with Scriptum est We next reason and infer from the aforesaids as followeth That 16. Seing God and his Laws so Religion Reason the Sabbath and Sacrifice likewise Individual rights yea the very lives honours and estates of good honest just and innocent men have do and must on just necessities lose and decline all self-rights and comply to necessitated Salus What then can nocent Charls Stuart or his siders with say for themselves who for forfeited deputative Rights forfeit their faith love and loyalty to their Lord the Publike welfare by exigenting it to intolerable sufferings and dangers yea to ruine by factioning their Country into Divisions and Parties one against another in an hostile way Do they not by this render themselves Traytors as contrary to trust duty and engagement to trecherize it Are they not Murtherers and Thievs of all slain and lost and taken from on both sides as inforcers thereto I appeal Again 17. His Right to the Crown is not Natural or self-ly Hereditary but politick and deputative and so is as are other Laws alterable though they had not forfeited it as is conducing to the welfare and safety of Salus how then as forfeited also On which grounds they did make it Null by an Act and by another Act condemned him as siding with his Father c. 18. And as there is a Law that made it Treason and so to forfeit self-rights of life and livelyhood as of lands and estate c. for attempting against the King as the Publike welfare was concerned in him and the King did and might by Law and Reason exact the same as so relating to the publike good of peace and safety by the same Law of Reason or lex talionis as much is due upon the King or any of his yea more as more engaged by trust oath honours and tribute or revenues of and from the people for that end and purpose and the King himself by his opinion and exaction of the same saith as much and so condemns himself and his for Delinquents as so acting and justifies his executioners for their acting thereafter on such If it be said that the King traytor'd such or as it related to himself only and not as to the Publike I answer It may be so but it rendred him weak
of the meanest rank though faulty cannot endure publikly to be made Publicans let each one examine himself and he will find it an infinite dishonour to bear with such Malapertness as if aw'd which renders such Powers contemptible and invites rather to a stiffness to oppose then to hearken to by way of remedy nor have we to do with any in such a way though we see as in the aforesaid Princes such and such vices and failings in some particulars so long as they are in the general good Governours to the People for they are but men in parts though gods in place and power and they must have their grains of weight as must meaner men as they have greater Tryals and Temptations I will yet suppose higher admit an honest Heathen Pagan or Atheist if you will have it so were in Government and dissembles a Religion and Zeal the better to please rule and govern c. and he doth govern well and justly and gives thee thy conscience with our cautions against unconscionables under colour thereof what 's this to thee that he is a Pagan an Infidel as thou call'st him to God it is and to none else One hath thrown down Baal's Altar what 's this to the Bawlers who under pretence for Baal have their own base ends for its Baal is only concern'd who if he be offended knows how to right himself See then thou perform the duty of thy place as at our application Sect. 124. also pray for him or them likewise endeavour by thy good counsel so thy precepts and practise to settle in each one love obedience and peaceableness towards him for his humanities goodness and protection of thee thine and all sorts as thy Native Country c. and for the care pains and hazards he undergoes for thee and us all 101. Object But it may be said to what end these stories of Moses Joshua Judges or Kings c. What are they to us we have our own Laws and Goverment setled c. and such and such priviledges agreed on as they had not Answ Yes they are to us and you have already seen it could you conceive or remember what ye have seen and you shall see it to the full if you can fully see We have proved 1. That neither Moses nor Joshua were Usurpers though not vocally chosen by the people ' cause yet better chosen viz. by some of our principles as by the Peoples necessities next as taking and accepting or assuming the Government not for their own by base or unjust ends but as necessitated for the Peoples good so improving their proceedings and who doth as did they are no Usurpers nor Arbytrarie Governours c. Unjust Usurpation is to invade the Government without so many of our grounds at Sect. 43. to 53. so 78. to 83. as will justifie the assumption and retention 2. Admit Usurpers they or any of the Kings were yet governing well or though somwhat amiss yet not destructively no attempts are to be made against them to the endangering of the Publike but application only as at Sect. 124. For though Moses was taken for an Usurper by the three Princes and the Peoples murmurings and undertakings against him you see how they were punisht for it and that justly considering he improv'd his best endeavours for the Publike good nor were his neer relates Aaron and Miriam favoured but upon their submission 3. Though as faulty as the aforesaid Princes yea as Jeroboam yet we say as next afore that only sober reverend and peaceable Language and Applications are to be made c. 4. That on exigents and just necessities for the general good as did Moses when he durst not trust nor use the peoples counsel in their delivery or passage to Canaan by reason of our Reasons afore he was forc'd to Monarchize it and so self-ly to order and manage all and had he not so done they had been undone The like may other Governours on enforcing exigents do I grant such proceedings as at 4th to be amiss were the People capable if not they are just and right as I have order'd and caution'd them else not Note what follows is spoken as it relates to the Publike And now I will give you my judgement at large what 's Arbytrarie Power for I believe my betters every way are as bad as my self if not worse as mistaken in it and so shall we be in all things if we call things so and so and so let them go without further pursuit or prosecution of them by distinguishing and distributing so by defining or bounding c. likewise if we indefinite it when we should demonstrate and universalize it Rethorically for Logically and so infer as from the last and so are oft too late Arbytrarie power you will say is to rule by Will and not by Law but I say this is not right ' cause not rightly bounded and cautioned for you infer that what 's not of Law is of Lust and Will in the worst sence and it may so be and yet also it may not be so so whilst you neither define nor distinguish aright you confound and destroy all By your definition of Arbytrarie Power as afore Moses is condemn'd who is justifi'd both of God and man as you have heard so also you condemn al proceedings that are not according to Law as if of lust and Will in your sense which is not so for if of a will rightly rectifi'd and justly necessitated too call it as you will though a will it be as not Legal Law yet it s in it self or nature a Law that binds against endangering or destructive Laws self-ly so or made so by accidents or exigents or by the peoples pravities or weaknesses I say then that to rule by Law when lawless is cunningly to rule arbytrarily as by Lust and Will and colour it with Law against the very end of Law and Governours and to rule by Will as we have caution'd it is to rule by Law though against Law for its a lawful Will as agreeing with Laws end and intention though it fall out with its letter which is for conducings to publike peace and safety If you shall still say that this invasion or that evasion or abrogation of Law must be with the peoples consent in a Parliament I say so too if it may be so provided rightly compos'd and constituted if not not but as we have said afore I say then ●ummarily as foll●weth That Arbytrarie Power is to rule by or to keep to Law or Laws letter when they prove endangering c. or not so complying to the Publike as others except you would that the Publike should be endangered or destroyed or not better benefited Next Arbytrarie Power is to break or not use publike benefiting Laws for the Publike or particulars their accomodations but only for partial or self ends sake Aga●n It s also to alter good Laws for worse or not to accomodate with better if it may
or wicked and unjust or both if so for it was and is in Nature and Reason and intention of Laws so the Law-makers as we say afore as it publikely related c. for what 's Unus to the Universe or to our highest principle also of one so engaged as afore by trust oath and tribute and so his end of being what he was and having what he had But to absolute this point I will make bold to insert a few lines just as they are in my Army Armed which sure with what 's said will satisfie or silence each one We will suppose then as high as we can as that Charls Stuart is innocent and absolutely wronged of his right What then yea further suppose they were his self-rights as they are not and not forfeited as they are what then Where doth any one find it in the Law of Religion and Reason that to inright one they may hazard the ruine of millions if the wronged could right themselves the right way as on the wrongers only I dispute not against it but to wrong infinite innocents to right one nocent or admit innocent o● which yet they may fail is unspeakable madness folly and injustice by this why may not Clients clearly injured by their Lawyer or their Adversary hostile it and gather an Army of men Esau-like and so inforce his Adversary to do as much for his defence so these two Murtherers must meet with their multitudes and the innocent fools on both sides must murther each other under the notion of siding with for rights and yet may this be much better done for known self-rights then for known forfeited deputatives not to the ruine of a multitude only but of a Nation to whom they were bound by Oath Honour Trust and Tribute and so owe duty and service answerable How also can Forraign Religious Princes and States then in Honour and Honesty answer it to Murther and Thieve it in pretending to help such to their Rights but the truth is they help them only to be helpt in the like cases so we are like to have a mad world of it when Religious Princes and States as call'd shall help to support one another in Tyrannies Thefts and Murders under the Notion of Rights but wo to those that call good evil and evil good I marvel exceedingly that such just religious and honourable Princes and States do not send over their Armies now and then to help each innocent individual wrong'd of his self-rights by his Adversary or his Lawyer for its a much fairer goodlier and juster ground and pretense then the other though both be naught as teaching both sides naughtiness as to invade each others rights under pretense of righteousness Thus much for our Army Armed 19. Shew they then not great weakness or wickedness not to know or not to acknowledge things of so easie a comprehension made good as afore by Scriptures Religion and Reasons or to perpetrate such trecheries and perfideous actions contrary to all 20. Shew they not both great Wickedness and Weakness to expose their own Honours Lives and Estates who many of them did and might have lived happily and Prince-like or in a sweet comfortable and competent condition but have now forfeited and lost all the aforesaids upon ignoble base and trecherous ends courses and designs and so undone also their Wives and Children and brought themselves to end their days dishonourably miserably and untimely Is' t nothing to expose all as afore so their kindred and friends and their native Country to the Sword Fire and Famine besides many other miseries and sufferings as now in its prime of plenty beauty and bravery to devastation and ruine as if Winter had anticipated it in time to seize on and surprize the Summers Riches and Treasure and all her goodly ornaments and endowments and so to render our Fields Meads and Downs Golgotha's and Akeldama's 21. Well but all we have said or can say will not do for they love Charls Stuart and hate the Lord Protector the First also hath Right on his side the Last is very Unrighteous 21. Goodly Arguments for love and hate so for judging about right or wrong however by this they are orthodox and authentick in judgement therefore they may love and hate any one also act any thing as relates to either c. 22. But are not these trecherous colours and pretenses for do they not rather trecherously love and hate themselves as their own ends lusts and desires which in conclusion will ruine them c. 23. What are their allowable grounds for loving Charls Stuart at all or at such a rate and degree as to degrade themselves and theirs and their native Country as afore Will they ruine the Universe for Unus 24. As for his Right it hath in part been answered at § 16. and see in full § 75. But for the wrongs done by his Father and Himself to the English they are past over in silence Is' t not an argument of impudence or insolence or both 25. They love not the Lord Protector also he hath no right on his side as they say but we say for his Right to the Government see § 43 to 53. 26. And truly we find by their dealings that they love Him not yea we find that they hate him c. But why not love or why at all or thus Hate I conceive they are to seek of Reasons or causes for either but admit in admittals as that cause were for both and to their degree also yet where learn they to revenge at all how then to such a height likewise to the hazard of their Countries ruine by involving it into Factions and Parties for that end for is not his Highness at this time the very hinge on which the safety and welfare of this State hangs rests and depends But for all their objections and exceptions hitherto against him they are I conceive sufficiently answered in our Army Armed and Protector protected so that reservedness were better and more becoming also more fair and just till they find the said Answers answered as insufficient or unjust as we have cautioned and qualified them 27. Many good things hath he done why are they past over so Equity requires Retaliation c. for which of his Good Deeds then would you stone him or if for any Evil make it appear or that it amounts to a stoning Oh you his immediate Assasinators you Madmen you Murtherers you Traytors to your Country by indangering its ruine Are you hired so was Judas to murther himself as well as his Master You fools how think you to scape The Jesuites have befool you as they did Raviliac to be presently conveighed away by an Angel but the Divel prevented the Angel and Tyburn the Traytor or if it did it s for the Innocent to cast the first Stone and not the Guilty so none shall be cast But were he guilty and that to your degree yet who authorised you to cast stones
this Nation c. and this as the whole Body of the People was contracted in them they might do so may they make or marr any other Laws as conduceth to the Peoples Welfare and Safety as they have that of ten pounds in the hundred to eight and then to six pounds for use monies which if they find amiss they may alter again and advance it to what degree they find it capable of or depress it as they please As the Hollanders and other Countries raise and raze their exchange moneys as avails to the Publike Our Principle will justifie it also and what not 77. In short as they may make one Law so may they many or any and as they may marr alter or unmake one or more so may they ad infinitum as conduceth to the Publike for the Power that impowered them for the least or any influenc'd them for all conducings and against all seducings of which they conceived that Race to to reign here was one and therefore they arraigned one and raz'd out the rest So by all our Arguments his Highness is the next man being so chosen as afore 78. Now whatever Ordinance or Act the Parliament made against any one Universal Governour for future yet if afore or afterward they have impowered the Lord Protector with the universal Militia of our three Nations or Countries as their Defender and Protector and so left him and so he still stands besides all our other ways of Choice and Investure of him in case they had not so done they for their parts by so doing besides what we have said and done have to our best understanding postured him in the place and condition he now stands for all the said Act for if in words or by an Ordinance or Act they say we will not for future have any one alone universal Governour more c. and yet afore or then or after gave him the triple or threefold Militia they King'd him in point of Power call him as you please and they were so King'd themselves by the People though not so call'd and yet call'd so by a King K. James for to say in words or by an Act of Parliament We will not that any one man rule as afore c. and yet in actions do it which are more real also of later edition and so more authentick as seeming to revoke what they said and is as much as to say we are now of another mind and judgement and will have this Gentleman however to Rule and Govern for his time c. 79. Yet we humbly make bold to say that it concerns his Highness of his own goodness nobleness and ingenuity and for his Honour and Renown sake to make good what he can the ends of such a be-trust as the welfare of the People and their Safety c. and to consider of our contents and in season to provide accordingly c. However his Highness Rights as afore I am forc'd to make good for our former reasons sake also to prevent and affront the Invaders thereof to our endangering to ruine 80. Object But it may be said this impowering him as afore was only a be-trust c. a redelivery being expected when exacted Answ So was the Parliaments from the People a be-trust as on intention and expectation of a rendition c. But those Mortals would have immortaliz'd it and might with our cautions so the Arguments are idem though not The Parliament by reason of their divisions had opposite ends and could not mind the main ad idem Again a Betrust is answered as the main ends of it are answered the Peoples Safety c. And here I ingeniously protest I see not but that his Highness hath doth and will as faithfully and sufficiently quit himself as I conceive any can or would do that should possess that place say Praters what they please and if he shall please to make good our Contents as afore he would Crown us and we should then do well to do as much by him for we cannot do too much for our Saviour as we cannot for our Saviour 82. However I conceive yea I think that I may safely positive it and say that neither his Highness to the Parliament nor the Parliament to the People might part with their Powers or Commissions but on our cautions at Sect. 47. and that their engagements and be-trusts forbade and charged them to the contrary Object But it s urg'd that his Highness was the Parliaments servant So was the Parliament the Peoples so the Argument is the same so ought to obey and deliver up his Power when called for it being only a be-trust also he promised so to do c. For the Truth of this that none may be deceived I will set it right and then leave it to judgement I say then Answ I deny that he was the Parliament servant and if he was I care not so nor for his promise if any and as it s said to be a Be-trust see Sect. 80. Are the Servants of a Lords Family the Stewards cause the Steward entertains them and takes them in seeing he pays them out of his Lords Treasury Are they not both though differently degree'd servants to one and the same Lord in opposition or competition then who shall the meanest servant comply to Yea may not the case be such as that he ought not obey but with respectiveness if he have power soberly oppose the Steward in his Lords behalf and for his own safety if he find that he endanger either But you will say who shall be Judge for any one may pretend c. For this see Sect. 83. and then Judge you Nor may the Steward 's own servants as may not the Lords own servants so nor the Kings when he was be true to or side with or obey their own Masters in opposition to their grand Master the Publike This the Parliament so that next afore judg'd on the servants side when it came to be agitated afore them and so allow'd of the servants or subjects judgement and disobedience and punisht those as Traytors that were true to their private Master or Trust against their grand Master the Publike see our Sect. 63. as afore for judgeing If also neither the promises nor the sacred vows of a Wife cannot binde her to God in opposition of her Husbands Rights cause obedience is better then sacrifice and for that she is not a self-power as is a Widow who may vow and if vow must perform but a Wife might soon be head her Head with such pretenses and licenciate services c. so nor can Magistrates Governours nor any Powers make a vow promise or covenant amongst our selves but if it prove endangering or destructive to the Publike which is our Lord and Husband and the supreme Lex to which we are subordinate but it may be renounc'd In our own concernments we may promise vow and keep else not and yet not destructives or endangerings
to 5. and so who then are Kings 60. His Highness hath the Militia of three Nations in his hand Doth this or the Title King King Next he is chosen in points of choice beyond all or most Kings or Governours as afore also hath choice parts Kings these or the Title King 61. Is a King of Scotland alone cause call'd and ceremony'd like a King such a King as is the Protector of our three Nations 62. There was no King in Israel c. There was then to be none for they never had any What 's then the Meaning but that there was no Universal Governour at that time Governour then is the Genus and so contains all Species or kinds of Governours however call'd which howsoever in point of Species he is yet a Governour or Ruler in the Genus Thus Judges Captains Priests Prophets and Kings at different times King'd it in Genus and Species though not alike speciously 63. Treason then against the King was not as he was a single Man or as call'd King but as he was the Universal Governour in whose safety the Peoples safety was concerned It was not Treason as it related to words expressions or Titles but to his place or office and its relate the people as afore 64. Let the Lord Protector then have what name or Title you please it matters not he is a King in nature as well as the rest or best However as he is the Universal Governour Thirty two Kings as call'd and Translated Joshua slew on this side Jordan they were I believe but the highest Governours of Cities I think the L. Mayor of London is for h●● time as good as the best of them in whose safety Salus safety is concern'd this and that or what was Treason to the King so call'd is the same to him at least he being more c. its Treason then to the Publike for any to attempt upon or against her Highest or Chiefest Governour Defender or Protector to the endangering her Protection Welfare and Safety 66. It s considerable also that Law hath two parts viz. its Ceremonials and its Essentials c. its Ceremonials are words expressions and names so also such and such ways courses and forms to proceed by c. its Essentials are Justice Rights and Safety of which this last is first so in competition Justice and Rights must comply to Safety c. If the Essentials must comply to Safety what then can the Ceremonies of Law in just competition with its Lord the Peoples Safety say to it What reason have they or is it ignorance obstinacy or wilfulness c. Must the Lord the Publike Welfare be a servant to its servants Yea be destroyed by them viz. by words and names so by manners and ways of proceeding Ceremonials all to the Essentials afore the Essentials at Sect. 16. in competition comply but our Trivials are very troublesome 67. Remember then as afore that the Highest Governour as Salus is concern'd and necessitated is not bound to Law it self much less to Lawyers or any Ceremonials for in behalf of Salus he is Judge and Lord of the Law as is conducing 68. Else as afore how could Salus on exigents be saved or provided for if words and letters say nay and none might gainsay them 71. So may he act also do and undo without yea against Law yea Law it self much more Laws Letters which are oft great lets to its intention as the Publike is justly necessitated cause the Publike is Lord of the Law and who made it for its own end and not against and if in error or accident it be against it must be made to know its place is to give place 72. Well but yet ye are not at quiet but are much troubled at one thing you would fain be free Englishmen and not under the Sword nor Taxes Be it so Give then these Weaklings their wils c. so the Army is disarmed and Taxes discharg'd and now I hope we shal hear no more news of you and yet what means this noise this clattering of Armour and Weapons this thundering of Canons and other shot this bouncing and running of rampant Horsemen to and fro what these shriekings and cryings out of all sorts Whence these streams of Blood How came these mangled and slain Carcasses Whence those frighted Fugitives What 's the matter of this smoak fire and flame c. Surely from hence all Your Army discharged the Hydra Faction hath charged you with ten Armies for that one and so overcharg'd you for now Royalists Peers Prelates and Priests so Lawyers and Gospellers of all sorts and fashions yea every several Sect Church and Faction are in Arms to offend one another and defend themselves and to Rule and Soveraignize it if they can and Forreigners hearing thereof take the advantage and strike in amongst them and whil'st your selves fight for the bone the stranger Doegs may chance get it however the Land may be ruin'd before it be righted or recovered by any side All these miseries and this our bondage your licentiate liberty your freedom hath brought us to which the bondage of an Army and Taxes would have freed us from and now you wish when too late oh that the Army were on foot again to save our Heads c. and for Taxes you would rather then fail take the Divels counsel part with all rather then your lives or rather then Husbands and Wives Parents and Children also near and dear friends and Kindred should be parted by slaughters and massacrings or so mangled and made away and your selves live a dying life of grief care misery nakedness and want even to a continual expiring 73. Had the poor Savoyans had a protecting a defending Army which could they have been in season aware of sure they would also have taxt themselves according to the Divels Doctrine rather then come under the hands and Paws of such Divels c. 74. Le ts know then your minds in season whether you will have any protecting Armies by Sea and Land Brave Royal and Imperial Forces or no to save you from Royalists and the rest that so we may know how to please you though we please you not 75. That the King of Scots as call'd hath no right to the Government is without any more adoe apparent in nature and reason from what is already said to any common understanding almost how then to the comprehensive as having contrary to the very end use and being of Governours sided with his Father against his Mother his Country in transcendent trecheries c. and that his Father was highly trecherous to his trust appears by the Lord Chief Justice Cook of Ireland his Kings Case heard accepted and confirmed by Parliament on which the King was executed by their order besides his oft needless and causless oppression of the People as appears at Sect. 95. 76. Again the Parliament made an Act against any of that Race for ever being Kings and Governours of
to ruine but what have we to do to binde others how then our Soraigne the Publike whom we are bound to unbinde But who shall judge of all is a main question 83. This hitherto hath been a troublesome and puzzling question and the Questionist applauds himself for wise learned knowing and able though a weakling if he can but pose his Adversary who might have posed him had he first asked the Question however both sides are Dilemma'd and stand postur'd like Lots Wife or as two silent Statues c. Now seeing none of our Magies either of Layicks or Levites Lawyers or Gospellers of any kinde name nature or degree I have heard them thus notion'd but never read any of them no not the occularly conspicuous Cardinals as call'd nor the notion'd sublime or Seraphick Doctor nor the Sentential Master have resolv'd this since the world was a world so that it still puzzleth all sorts it falls to the share of the poor and illiterate and therefore despicable Carpenters son to essay it and so to venture beyond his Ne plus ultra which he doth as so constrained Courteous Gentlemen and Readers both this and divers other things in this book with an awful remisness and a wary fear wherein if he err or fail so might so do the Cardinals and the Seraphicks aforesaid and in this they are errant in that they attempt not at all to give satisfaction also not sufficiently being Magies to quit dis-satisfaction We say then as followeth 1. Law and Lawyers are conclusive Judges of what is within the circuit and precinct of their Jurisdiction yet Appeals may be to Higher Courts or to the Chancery or to the highest Judge or Lord Chancellor at Sect. 3. 5 6. following and again for judgment on any of their judgements see Sect. 7. except taken out of their hands in season and referr'd c. 2. Arbytrators or any trusted or referr'd to though injudicious yea injurious are yet concluding Judges yet we may as at first judge of their judgement c. 3. The Parliament are concluding Judges when in being for the Publike and for particulars also if referr'd to but all may as at 6 7. on their judgements 4. Yet any who is impowered or hath power and will conducingly and savingly improve it as did Moses so according to our cautions is a Judge a Magistrate for the Publike good in opposition to any indangerings or too much sufferings by or from any and who shall Judge of this see Sect. 6 7. both for conclusive and inclusive judgings c. in short Power will be Judge concludingly but ought not abuse their power yet they may be judg'd on 5. The Parliament not being then the Highest publike Magistrate King or Protector as you please with their wise and faithful Councel if for the Publike are Judges conclusive so for Individuals if he please yet according to Law except referr'd to or if Law be Lawless as dubious or its Letter ridged against just necessity or right Reason he as highest Lord Chancellor with his wise Councel may catechise and chastise it and always accept its dubious acceptations with the humanest constructions for such is or should be Lawyers and Laws ayms and intentions for such are their pretensions c. 6. Just necessities private or publike allow any man yea a servant over his Master to turn Judge and Magistrate for the present if he will venture to put himself on the judgement of Law and its Issue or refer himself to those it concerns to suffer if he have offended here it concerns him or any one well to open and state their cause apparently in each particular and so refer and appeal or abide the Tryal and its issue or who hath power or might to act so ought state his case rightly and then appeal in point of Right as at 7th 7. Note all sorts may from all concluding Judges of what name nature kinde or degree soever they be appeal for judgement of their judgements so for any actions doings things sayings or censures judgements or opinions or disputes or controversies to any one or more or as we please or universally to all honest rational good wise and just men of judicious understandings to see how they will judge thereof though we should be concluded as afore and this is as much as can be had 8. Any one in their own concernments though injudicious is a conclusive Judge but any one as at 7. may judge of his judgement 9. But as more of the Publike are concern'd then the Publike Magistrate for the Publike and for Privates the Law c. as at Sect. 17. except they refer are Judges conclusive yet any may as at 7. 10. The Highest Judge who like Moses makes other Judges to present him and to supply his place as a Judge for he judges by them sure he is a conclusive Judge then as was Moses cause you cannot go higher then the highest and may if he please personally judge all yet as at 5. afore c. So will he also hear the advice of those Judges or Councellors and from all gather what 's uprightest and best the best he can c. and though in the integrity of his cause and proceedings he may like God at Sect. 89. appeal yet will he not if wise dispower himself till securd if then Thus we may hear and be heard and judge of one anothers judgements though not conclusively for the conclusive judgements are as afore Now if the highest Judges at Sect. 3. 5. 10. deal amiss with us I know no better way to do good on them safely and securely then as at Sect. 1 2 4. but if subordinates abuse us then to appeal to superiors or to the supreme as the Chancery or the Lord Chancelors at 3. 5. 10. afore c. and from thence to Sect. 7. According to the 8th a Master of a Family though his wife children and servants should have right on their sides in point of reason or the rationality of their judgements yet his reason and judgement or if you will call it his Will and pleasure in his own concernments and affairs as having right justice and equity on his side shall stand and conclude things for ordering and disposing thus if he build a house he may hear the judgements of the aforesaids or of any one and it may be they may be more rational then is he but they sute not with his mind will nor way so he will have it built to his own content and this is his right and due the like of any thing as one is self-ly or principally impowered and concerned and that Law checks not and if this Power were not there would be no end of things for disputes oppositions and reasonings also authority and propriety would be overthrown for if rational Right should carry it against righteousness as against the rights of dues justice and proprieties witty children and servants so divers others might somtimes rule and govern
excepted who performed beyond exception in their point of Redemption Be ingenious then oh you our Moses his adversaries and deny it if you can hath he not Moses-like declin'd all Egyptian pleasures blandishments and delights besides safety ease and rest and put himself on all sorts of hardships dangers and sufferings for his Brethrens sake Hath not his limbs life and liberty been engaged to disingage us Came he not seconded and fortifi'd with Miracles for this our time when miracles are miraculous as out of date Thus our Moses mated Moses respectively in miracles though not in multitude nor positively I am sure I have heard This That and the Other Victory hath been acknowledged miraculous and of a Divine Dye or the hand of God or a Deity seconding man take it which way you please its miraculous either for man himself to act so or for God to second a man so Now if Moses deliver his people with such hardships and sufferings each way will you not allow him to preserve himself and them when he hath done Which he cannot do but hazard both if he should deliver the Power out of his hand into theirs For how knows he how it will be handled He knows his own Power and Faithfulness an others he could not know But he knew well enough none was capable to that degree therefore he is necessitated to hold the Government from the whole Nation and all their Governours till he had tutor'd his servant Joshua for that purpose he also held it for their ends not his own except in part for his safety with theirs and it was a just and wise assumption and retention all things considered If you will say each one may pretend so I answer which answer may serve for all such allegations and sayings as for this they may so pretend and abuse with pretenses which I neither allow of nor can help but the Position as I have postured it is in self right though some do abuse with it Thus Moses was truly and justly their Lord As their Deliverer Protector at least yea their King in nature and point of Power though not of grace as wanting the beauty and glory of the Name King and some other ceremonials and perquisites necessary to opinion but not to judgement which saith that its Natures and not Names it s occults and not occulars entitle to the title King c. But some trecherous and politique pretending Cavaliers or Malignants would have Moses resigne up his Militia his Abishag or Mistris to Adonijah for it was only a Trust till delivered out of Pharaoh's hand as for future they were resolv'd to protect themselves or chuse their Protector But wise and wary Moses did see that this was but to dis-arm him and then arm themselves against him for when done he was undone For that now Royalists and all sorts of Malignants like the three seditious Princes with their complices companions would have call'd him to accompt for executing their King Pharaoh in the Red Sea and so un-kinging them for future others would have had a bout with him for changing their Laws and invading their Magna c. so for usurping the Government though all for the best c. Others for tampering with their Religion and bringing in a world of Novelties and so creating of Sects c. as they may please to notion them and all sorts for his inticing them out of Egypt their Canaan by his blandishments and flatteries of an Utopian Canaan for to them the Wilderness which was but the way to Canaan past for Canaan it self as being out of hopes and expectation by reason of their long their tedious and wearysome journey of ever meeting with any other being also tir'd with sufferings by the way amongst the rest the loss of their Egyptian Flesh-pots and choice sallads of all sorts troubled them so it was much better with them when they were under King Pharaoh or serv'd the Queen of Heaven though in Hell and sacrific'd to her then now as they are under their new sacrificer their earthly Monarch Moses whose Heaven to them is Hell So let Moses his intentions and endeavours be never so fair and good yet if accidentals cross he is crost for like weaklings they judge by accidental issues and not by ingenious grounds ends intentions and apparent endeavours c. Their oft murmuring against him as we have in part instanced makes good these to be their intentions on him could they with pretenses and arguments have argued him out of his Armor or to lay aside his lance But wise and wary Moses though Dove-like meek and milde he was and no Serpent yet had a Serpent and was himself Serpentine so would not be outed by arguments nor untruss to be truss'd up therefore held his power for his own and their good and safety and so improv'd it and abus'd it not for self ends Now whether the aforesaids suit with his Highness Actions Doings and Endeavours and his Usage by our seditious Korahs Dathans and Abirams in their exclamations censures and trecheries against Him ' cause of some crossing accidents and sufferings in our way to Canaan so in their intentions on his rendition of his power as only a Trust for that now they would trust to themselves and whether the intentions of those pretensions reach not to call him to an account for all As should Moses had he been so mopish I appeal and so do I whether they be not very good reasons in his Highness as in Moses to retain the Power had we no other reasons for his so doing but them But I add also that for his keeping the Power and Government with our cautions I see not but that God and his Highness are incorporated therein as I think I may make bold to say God and Samuel were so that to clamour except or clandestine it or to incense the people to faction or party it against him and so against their Country and themselves it s like those three seditious Gentlemen or Princes against Moses and so against God so now against our Moses as we have caution'd it is against God for we have prov'd him of God and so of Divine Ordination in his relation of right to the Government so that out one out both in that point And what are those that will out both God and man But c. Now le ts suppose that any King or Governour over us should which God forbid Solomon-like infinite it in Wives and Concubines or like Edward the fourth or King David abuse their Subjects wives and murder their husbands or Saul-like murder eighty and odd Priests at a bout yet none of these particulars justifie a rebellion to endanger our ruine nor to uncivil rude boorish and clownish clamors or impudent darings but only to reverend peaceable and quiet information for what Prince or Governour or men of Power and Place can bear such insolent dares and threatnings to their disgrace whereas men