fear to condemn the righteous But the only question will be who shall be the Iudges For those Persons those acts evill in the opinion and sense of one are good and justifiable in the Reason and Rule of another both Divines and Lawyers One saith there is the greatest violation of Faith the deepest wound given in Religion by Parliament and Army in their late Acts as never the like was in any Age before us Another saith Offences are Passive as well as Active and taken when not given and the best men in their upright intentions and honest executions are most obnâ—xious to humane censure even to the censure of good men byaâ—sed by particular Interest That these Acts conduce to the most hopefull happy plantation of the Gospel in Parity and Liberty in this State to the most certain and perpetuall establishment of Righteousnesse and Iustice amongst us throughout all Generations now certainly the Jus Regni must be the umpire in this case which is the bond between King and Parliament betweâ— the Representative and the Represented To speak unto particulars objected For that of the change of Government by King Lords and Commons contrary to former Declarations the reason of every alteration is to be respected Parliaments are not bound up by their own Votes or Acts though others be they alter them upon reason those given are these 1 The treachery of the Peers in concurrence with the perfidious Scots if not acting with them yet abetting their Design in the last invasion 2 The great obctruction of Justice by their Negative Voice the last year when the Common-wealth was in hazard had not the Commons acted without the Lords we had been as Sodom and as Gomorrah ere this day the designs of that year so countenanced by them that the Grand Incendiaries should have been discharged with a veniall punishment had not the Army interposed But what call what warrant had the Army to intermeddle had not they the being from and shall they assume Authority over Parliaments The Army acts not in way of Authority but duty from necessity from charity If a servant in such a case should contend with his Master Reason will justifie Religion will defend that servant who to save his Masters adventured his own life But again the Army Officers by Law were the Vindices Regni raised by Parliament to defend our Laws and Liberties and above all the Supream Law the safety of the Nation as all know Now what the Parliament had declared of as just and safe the Army grounds upon and first they Remonstrate the State of affairs which taking no effects and the life of the State in perill if not speedily prevented for that case would admit of no delay in that time God and Nature inforced them to an act above yea against all Law as it did Hester to adventure into the Kings Presence although shee perished The Parliament had declared never to Treat with the King charging Him with the bloud of his Father collaterally the bloud of four Kingdomes besides England Scotland Ireland and the Rochellers in France his correspondence with the Pope compliance with Papists his Treachery Tyranny and Hypocrisie beyond al men that ever were so as no confidence could be reposed â—n him yet the Majority of the Commons Vote a Treaty with him to gratifie the treacherous and bloudy designes of Royalists who thereby only sought their revenge upon all active in and faithfull to this Parliament and Republick and in their hopes to carry on their Diabolicall plot as deep as hell they rage as if Satan had been let loose against all who had the Image of God shall I say nay but the face of civility that had not the Lord arose and this Army awakened wee had been swallowed up quick and that Treaty ended they Vote the Kings answers satisfactory and a good Basis or foundation for the establishment of Religion and Righteousnesse thereupon which before was declared non-satisfactory they resolve to set him upon his Throne in Honor Peace Freedom and safety who â—ad no remorse for England or Irelands blood nay who in the very time of this Treaty had plotted and contrived against his return to Westminster a second design in England paralleâ—â— to that of Ireland and this was that Armies whom God miraculously had armed with power and courage honour and successe a little before this was their necessity the Salvation of the State upon the Parliaments declension their former Declarations Principles and resolutions grounded upon reason and safety But they have destroyed the foundations have left no visible Power or Legall Authority remaining We must in all Laws look at the double sense the Grammâ—ticall and the Morall or equitable contained in the Preface to the Law where the equitable sense of the Law is maintained that Law is preserved and the same distinction may I observe in the constitution of Authorities there is the essential and there is the Integral State thereof As 〈◊〉 sâ—â— the great Counsel of the Kingdom is a Parliament without the Kings Presence because his power is virtually inherent there yet the iâ—â—egrall State thereof if his presence be wanting is defective but the essentiall 〈◊〉 even when such Integrall Parts are abolishâ— a man is still a man wanting an eye a hand a leg the Commons only stand in the neerest relation to the People being called by them representing of them acting for them and such is that present Authority now sitting at Westminster the only Sâ—pream and visible Authority of this Nation But in all these confusions and contrary motions have we not broken Covenant with God faith with men vâ—â—ing and promising before God to set the King upon his Throne tâ— preserve the Priviledges of Parliament Why the Majâ—rity of the House was reâ—â—rainâ—d pro tempore is formerly expressed and intimated For the breach of Covenant in these particulars objected we must know that future contingencies intervening a Covenant and the performance of that Covenant doe disoblige the conscience from duty or that penalty insuing a â—iolatioâ— in sâ—â—â— a case as if a man Covenants to take such a woman in marriage if this woman before the time of the Celebration of this Nuptiall be found unchaste and 〈◊〉 all Dâ—vines will tell â—s 〈◊〉 â—â—is 〈◊〉 iâ— not bâ—â—â—d in Conscience to perform his Covâ—â—â—â—t made with this â—â—man shee was bound in faithfulnesse to him as well as â—e in affectiâ—â— to her and although this condition was not exprest if that you reâ—ain faithful and conjugall in your affections to me â— will take you unto my wife yet was it necessarily implyed and the bond in this case without just offence to God or man is violated Vows Covenants Premises and oaths of things unlawfull impossible beyond 〈◊〉 power and Liberties and wherein such consequences 〈◊〉 happen as are forementioned in these cases Coâ—sâ—ience is dis-ingaged before God and man and what was our
Member of Parliament or to any Person indempnified thereby for any demer it since this Session or to any receipts of mony out of the Publike Treasure A cause as much your Honours as mine 〈◊〉 Jesus Christs rather then either yours or mine 〈◊〉 might be finished in four houres time in a select Câ—â—mittee if once appointed for Audience thereof which in 8 years space I never could obtain although some Honorable Members have expressed their deep seâ—sâ— of the extremity of my oppression that prejudice which I have sustained by this delay and therefore I beleeve it impossible that so just a cause should miscarry in the hands of so just a Parliament My earnest prayer for your Honours shall bee that the splendor of this Representative may by the highest Acts of sincere Reformation of Religion of impartiall Administration of Justice dazle the eyes of all Europe that your Power and greatnesse thereby may bee rendered formidable to all your adversaries Domestick and Forain by Sea and Land in England and Ireland that the people of these Nations by your Pious Prudent Righteous and Resolved indeavours may be assured ut Pacem summam obtinebimus in Patria cum ipso Deo nobis inter not ubi nullum erit bellum nulla contradictio which is the hearts desire of Your Honours in all humility devoted in the highest Services for the Gospell ENO GREY To his Excellency THOMAS Lord FAIRFAX Lord Generall of all the Parliaments Forces in England and Wales And the Right Honourable OLIVER CRUMWELL Lord Lievtenant of Ireland Commander in chief of all the Parliaments Forces there With the Generall Councell of Warre Grace Mercy and Peace be Multiplyed Right Honorable and Honorable THe hearts of such who truly fear the Lord in this our Israel cannot but be towards you who have jeoparded your lives to the death in the high places of the field what Titus acknowledged in his success against Jerusalem the same may we in yours Deâ—s vobiscum in liberandâ— hoc regnâ— pugnavit he who hath called you unto fitted you for this service hath united your spirits mutually to affect to effect one end that you are ut manus ut mens Angliâ— as Hector Aenâ—â— of Troy whereby the Publick hath gained much both Peace Liberty although your selves as yet little for magis morâ—â— quam mummorum causa doe you ingage England unworthy the affections of such Worthies this Generation much degenerating that should you respect the opinions of man concerning you more then the affection of God unto you who observes all men all things a heathen but a speach becomming a Christian you would repent of all that good afforded them But whatever is the estimation of the world you are the glory of God in his Churches apud deum major est qui melior ille melior qui in virtutibâ—â— praestat The Crown of his Saints yea Sanctorum amor deliciâ— Luther tells us there be Miracula Ocularia and Auricularia Ages to come will admire our mercies in such renowned instruments should we unworthily forget you or your acts which deserve to bee had in eternall 〈…〉 not wee of this Nation variable in our affections 〈…〉 in our judgements wee could not but honour 〈…〉 your Physicall Prescriptions upon the Prudentiâ—â—â— Observance of the Causes 〈◊〉 and Pâ—ognost it is of the Malady of this State for spent by the Kings evill administred in the most desperate Paroxysm of our great Body Politick effectuall through the Lords blessing to the absolute cure of the Nation the Remedy being powerfull not only to remove what at present doth distemper this State but to prevent what in future may occasion a Perillous Relapse ut â—â—hil defiâ—it quod ad salutem sufficit These acts of your doe publish your Honours your Humilities doe crown your Graces thereby you deserving rather then desiring the praise of your vertues your vertues And because your Prudence as well as your Courage the wise and Omnipotent God hath prospered to the healing of the Nations I shall humbly beseech you to improve both for the advance of Religion in the power and purity thereof and maintenance of Justice amongst us â—â—â—gal the evills threatning this Nation in the deformation of the one or in the Non or Mal-administration of the other may he prevented and removed The Lord beat your enemies as smal as the dust and stamps them as the mire of the street give you courage to pursue them and not to turn again untill you have consumed them the Lord be the shield of your help the Sword of your Excellency that by his strength you may run through a Troup by his help you may scale a wall that your feet may be 〈◊〉 Hinds feet and a how of Steel be broken by your Arms the Eternall God be your refuge and underneath you be his everlasting Arms that the Enemy may be thrust out from before you in England in Ireland that he may say destroy them that you may return from Ireland with as many victories by your Armies as good security to your persons as much rejoycing to your friends as great confusion to your Enemies as you did from Scotland that all there all here all elsewhere that do conspire agaist you even the multitudes of the great and â—ervible ones may be as chaffe that passeth away and perishâ—â—â— in an instant sodainly as the Lord hath said so prayeth Your Honours humble Servant in the service of the Lord Jesus Christ Eno. Grey To the Reader Courteous Reader THe Health of our Body Politick is preserved by our Laws the ligaments of all civill Societies when grounded upon the infallible Principells of Equity the intention of Parliament and Army in their late transactions I know many that feare the Lord and conscientious of their wayes are much dissatisfied in their judgements about the proceedings of both yet I fear self-love and self-interest perturbates the minds distempers the affections of too many who demurre and scruple against apparent reason unto publick prejudice Had wee a sense of the last years judgment in our punishment from Heaven by unseasonable weather the effects of which wee are like to feel many years upon the Land and cry of the People for a King we would now hold our peace at the presence of the great God and suffer our lips no longer to sin nor our mouths to speake foolishly It is our duty to stand upon our Watch-tower to observe the motions of Divine Providence in the mutatiâ—â—s it the 〈◊〉 in this last age wherein all promises and Prophecies shall be accomplished the integrity of Noah consisted in his sidelity in his Generation when degenerate and our sincerity is discerned by a pious temporizing I hate these who have lascivientia ingenia wanton wits and mercenary soules who Mancipate their judgements to the opinions and Errors of others because great in person and power As I would abhor to justifie the wicked so would I
a publicke Magistrate and a King if guilty by the Supream power The Lacedemonian Magistrates were called Ephori ab {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} because for the safety of the Common-wealth their eyes and mindes were intent 〈…〉 people from Kings appealed to these for judgment whoâ—â—â—â—thority they reputed great In France the Patricii Regni 〈◊〉 chosen out of singular Provinces to whom the Kings at their Coronation were sworne as to the whole Kingdo◠〈◊〉 these were sworne to defend the Kingdome to oppose the 〈◊〉 proceedings of Kings and to depose them in case of Tyranny 'T is vaine to instance the law of Nature of 〈◊〉 presents us with a cloud of witnesses KINGS are indeed Supream in point of Honour but not in point of Power because the whole power of Governing iâ— not restrained to one person but diffused into singular parâ—â— in the hands of divers Officers because their power iâ— not â— naturall power no man is borne a King and yet 〈◊〉 the relation is naturall and in that respect stronger 〈◊〉 if it were civill the Magistrate is to afford reliefe in case of oppression justice to the child against the parent 'T is not an absolute power then as Aristotle tels us their lusts frâ—ntick and brutish humours should rule us then as 〈◊〉 said having got a taste of our goods they will being in our heâ—dâ— as a second course then at 〈◊〉 said they shall neither be tyed to their owne nor yet to the Lawes of their Kingdomâ— 'T is a power conferred Kings have no more then what is given them they cannot dispose of their Crownes Jewels and Crowne Lands King John forfeited his Dignity thereby Those that reign by conquest if conquered againe their Honour determins therewith Those that are elected whether Kings as in Polâ—â—lâ— or Dukes as in Venâ—tia the Supream and Generall Counsell of the State electing retaine the Authority to depose or 〈◊〉 in case of Tyranny Those who are Kings by succession they 〈◊〉 received that succession as a Royall grant of favour from their Subjects which grant in case of 〈◊〉 by Treason or disability to governe is forfeited as our Lawes know this granâ— was not absolute â—s a fool a mad man a 〈◊〉 a 〈◊〉 capable of rule Succession gives a Title to Dignity but doth not 〈◊〉 〈◊〉 Authority a Major of a City is not in power till sworne those who gave Princes the Title give them the State thereto appertaining Prerogative Crowne Lands royall Mannors and Mansion Houses Jewels Imposts Subsidies c. these they cannot dispose of to any other ends or uses but those for which they are given Yea they give them the power and authority thereto belonging the lawes the people give them In Germany the Emperour cannot enact a new Law without a Diet and what the Representative body of the Empire present as necessary to be established he is bound by oath to ratifie and so was it in England Parliaments are to Kings and kingdoms eyes aâ—Moses said to Hobab And is not that a Parliament which stands in the nearest relation to the people which is the liveliest representation of them Kings and Nobles are but accidentall parts found prejudiciall to the publick by sinfull confederations with the enemies thereof therefore abolished yet the power remaines the same it was though not in the same hands improved to those ends only for which ordained i. e. publick safety and by those persons intrusted with the affairs of the Publick a perfect and full number and freely acting without satisfying the Armies paticular interests further then the generall good is concerned therein which they serve out of love of conscience duty binding them thereto not out of feare not from the violence of a discontented Souldiery as malice doth suggest I shal desire every one that hath an English heart that is a sincere lover of God and of his Country to honour the persons the posterities of this happy Parliament Sanctorum Oraculum Mundi miraculum should you forget them God will remember your ingratitude The Children of Israel remembred not the Lord their God who had delivered them out of the hands of all their enemies on every side neither shewed they kindnesse to the house of Jerubbaal according to all the goodnesse which he had shewed to Israel And therefore what followed the Lord sent an evill spirit between Abimelech and the men of Shechem who deals treacherously with Abimelech whose wickednesse God rendered upon his owne head and the evill which the men of Shechem had done did the Lord 〈…〉 on their heads upon whom 〈◊〉 the curse of Jotham the â—oâ— of Jerubbaal What was that curse saith he to the 〈…〉 if ye have done truly and sincerely with my fathers house in making Abimelech King if you have done according to the deserving of his hands for my father fought for you and adventured his life far and delivered you out of the hand of Midiâ—â— if yee have then dealt sincerely rejoice in Abimelech and let him also reâ—oice in you but if not let fire come out from Abimelech and devour the men of Shechem and let fire câ—me from the men of Shechem and devour Abimelech This was his curse which accordingly came upon them so hainous a sinne is ingratitude in persons or States iâ— shall never goe unpunished Rest satisfied with those acts of theirs wherein the publike welfare is concerned which tends to certaine and to constant establishment Kings many times have been so great that they have been feared and for their Tyranny as much as hated by their Subjects thus the Senate it selfe of Rome feared Domitianâ—â— Maxiâ—â—inus and others Tiberius Claudius Dionysius Sergius Galbs Valerianus and divers more how were they hated by their People hence the Germane proverb arose Hell is paved with Kings Crownes and I relates skuls we know no prince so wicked but hath his parasites What said the Courtier to Cambyses who would have married his owne sister Persarum Regi â—â—et facere quod velit the like said Julia to Antonius Caraâ—alla who would have marryied his mother in law si libet liâ—et c. Nobles too ignobly and customarily conforme their practises to their Princes principles to humour them and to flatter them in their sinfull lusts These occasions of sinne will bee now taken away whereby glory may dwell in our Land And as I would perswade people to unity of Affection so would I humbly beseech the Parliament to sâ—eke by all means of favour and love in the first place to gaine the hearts of dissenting brethren pious and well affected to the Republicke There were Leges Amphyctionice laws tending to unity this wil be a worke of the greatest praise and blessing that ever was undertaken you shall be an eternall excellency a joy of many generations This learned Colledg of Physitians who have the Lord Jebâ—vah Lord President in your Assembly who is wonderful in counsel excellent in working we
saith the Text such a man doth transgresse only such acts must be performed 1. With sincerity Jebâ— did materially what God commanded and commended against the house of Abaâ— yet because he did it not formally with respect ultimately to the Lords honour but respectively to establish his own estate honour and greatnesse therefore not only Jebâ— is found guilty of all the blood so spilt by him but all Israel is plagued for that depraved act in respect unto the sinister end If judgment be not administred in the fear of the Lord with sincerity with faithfulnesse it procures wrath from heaven against the persons exâ—â—â—ting and the Nation wherein it was executed the sins of Publique persons reflect upon the Republique 2. With Prudence it was the prayer of Solomon that the Lord would give him a wise and understanding heart to judge his people Wisedome is requisite to distinguish causes and persons wisedome to inflict censures in proportion to demerit Too much Lenity animates the person justifies the facts too much severity renders the most righteous cause in respect unto that act dishonourable judgment must be teâ—perâ—d with mercy the 〈…〉 be afforded that person in whom we punish oâ—r 〈…〉 inclinations lest a distemper in them 〈…〉 vocation to the Almighty 〈…〉 with respect to former merit is 〈◊〉 and the 〈…〉 of mercy over the severe stroke Justice is honourable 〈◊〉 extent of mercy as much inflaming the affection of Love 〈◊〉 the restraint of or rigour in the execution of Justice will 〈◊〉 it This rule we may learn of the holyest 〈…〉 Politician that ever the sun shined upon Solomon 〈◊〉 is requisite to determine the time season of judgment for if the blood of one nocent should hazard the lives of many 〈◊〉 cents there may bâ—e a suspension of the act to a 〈◊〉 opportunity 〈◊〉 David did in the case of Joab 3. Justice Remunarative in the due requitall of friends who have been faithful servants to the Publique for 〈◊〉 only to complement with their friends is dishonourable but to be just towards all â—el Pramiâ— â—il Pava is truly noble The Grâ—ians observed that this stain ever remained upon the garments of Princes upon the raiment of Courtâ—â—â—s variable in their affections slow in their Compensations 〈◊〉 tells 〈◊〉 that it is an ill signe of a declining State an ill prâ—saâ—â— of the decay thereof when such as deserve well from it shall â—â—â—d no other recompence by it then the 〈…〉 of their own consciences it is yet worse when such as are best 〈◊〉 to 〈◊〉 welfare of it shall find no more favour from it then if they 〈◊〉 been acters against it benefits are sometimes acknowledged very rarely required Solomon tells 〈◊〉 of a poor wise 〈…〉 saved a City yet no men remembred that poor man 〈…〉 some men forget God will and thoâ—e like God for goodnesse dare not but remember the acts of such diviâ—â— power procured Mâ—rdeâ—â—l's advance David reâ—â—â—bred the kindnesse of Bâ—â—zillal Heathens will rise up against such as 〈◊〉 called Christians in the day of Christ what 〈…〉 what others did in the like cases for such eminently active for the publique morall Histories record 〈…〉 dixisti 〈◊〉 saith 〈◊〉 we know what a brand of 〈◊〉 the scripture sets upon Pharaâ—hs Butler who though in his distress hee was comformed by Joseph was obliged to shew him kindnesse to release him from his bonds yes saith the Texe he remembred him not 2. Lesse friendship cannot be afforded then to secure friends from the rage of enemies this justice Ioshua afforded the Gibeonites it is an Argument of an ill governed State which affordâ—the justly accused opportunity to seek revenge upon the acouser to expose the persons or 〈◊〉 of those who have served most faithfully to the violence of malicious enemies The wisest States therefore have ever kept the strictest eye upon suspected enâ—â—ies because revenge is ever active and malice longer lived then either love or thankfulness There was a Parliament in England called the wonder-working Parliament had they been as wise to have kept as they were potent to gain their just right and liberties 〈◊〉 times had not lost them their honor nor they iâ—oparded their own with the lives of their friends as they did by their imprudence improvidence self-seeking and Treacheriâ— 4. Justice Commutative in all acts and contracts preferring the good the profit the ease the liberty of others no of our selves In all Impositions and Taxations to afford the people all possible case and freedomâ— with reason and respect unto publick safety The act of Nehemiah is worthy the practice of Publick States-men in such cases and times which act 〈◊〉 Lord remembred for good to him because of that good which he had done to that State and People thereby such acts are the means to prevent popular discontent as being most pleasing to the people whose lawfull defires must be satisfied unless reason and love can captive their Spirits How Agrippa Captain General of the Army of the Romans against the 〈◊〉 â—ppeased the Commons of Rome tumultuously assembled against the Senate because oppressed with unnecessary taxations 〈◊〉 they apprehended is not unknowns he declaring the 〈◊〉 of those wars which could not with honor be recalled 〈◊〉 concluded the perill of the peoples conspiracy being alike 〈◊〉 if the members of the naturall body should conspire against the stomach and belly unwilling to allow those parts food because idle when as each member of the body is nourished and the whole preserved by those parts so saith 〈◊〉 the Senate and the Commons of Rome being one body Politick concord will cherish but discord will destroy this body and every part in the whole which this Senâ—te represents The advantage of obedience out of love is infinitely 〈◊〉 that of fear and such States who want the first are neither happy not safe unhappy the chiefest Royalty of Staces consisting in the Peoples loyalty without which as Henry the fourth said to his son he must never repute himself King nor his person nor his honor secure unsafe having no confidence in the fidelity of such who love only for fear not fear in love 2. Justice in the righteous and seasonable consideration of the causes of the poor and needy It is a sad symptome of a declining State and that the power thereof shall not be prolonged nor the stability thereof remain when the necessities when the intrâ—â—tieâ— of poore men can neither procure them favour or justice when the law is slack and due judgement proceedeth not when such whose necessities require relief who come to the gaâ—â— for Justice are tuâ—â—ed aside are sent away unheard and this is numbred amongst the mighty sine and provoking wickednesse of a Nation he who is righteous confidereth the cause of the Poore but the wicked regardeth not to know it saith Solomon the wickednesse of such is great and their