perpetuate the War to fill our Kingdome with strangers and to make our calamities everlasting so they fell from evil to worse from discontent to schisme from schisme to open Rebellion and their Rebellion more wicked then any Rebels that we can reade of in any History which is the just judgment of God upon them that they which rebelliously run out of the Communion of Gods Church should most desperately run out of their own wits and refusing to be guarded by the Heavenly Angels should give themselves to be guided by the infernall Divels which made a merry fellow at the enumeration of their abhominable and indeed innumerable wickednesses to say Hell was never better then it is now The speech of a merry companion because he thought the Divels were all in London or otherwise it were impossible that the Citizens which have received so many gracious offers of pardons from His Majesty and promises of other favours should still continue so wicked as they are so gulled and seduced by this Parliament faction that non suadebis etiamsi persuaseris because as S. Augustine saith impia mens nolit intellectum and they love to cozen and cheat their own souls by new painting these old sins and calling their faction faith their madnesse zeale and their horrid Rebellion fighting for Religion but as the Poët saith Non tanti est civilia bella movere Whatsoever pretences move them to it this remedy will increase their miseries for if God be no more mercifull to us then their sin deserves it may end here in an universal destruction and hereafter in their eternall damnation for doth not all the world see how God scourgeth us with the rod of our own furious madnesse and like as it befell the Ammonites and Moabites 2 Chron. 20.23 that fighting against the Israelites did help to destroy one another so we striving not against Israel but as we pretend both against the Edomites against falshood doe utterly destroy our selves Exemplóque pari ruit Anglica turba suóque Marte cadunt coesi per mutua vulnera fratres And we that did keep our enemies in awe shall be now destroyed by the sons of our own mother but I confesse our Land abounds with sins and our sins have justly deserved this heavy punishment to light upon us yet I beseech our God to chastise us with his own hands and let us not fall under the swords of the uncircumcised Philistines that are a people much more wicked then our selves and if he will let our soules live we shall praise his name 21. When they had most fraudulently gotten His Majesty to passe an Act which though really intended How they intended to get all Ireland to themselves yet to many men seems a very strange Act to refer the managing of the affaires of Ireland to the Parliament of England then they took that course to root out all the Papists Irish English Brittish and indeed all the Inhabitants of Ireland except their own brotherhood for they could have soon descried the marke of the beast in all the rest which they thought would be most effectual to further their designe and to bring the whole Kingdom of Ireland to be inherited by their own faction that is to sell all the Lands of the Rebels to themselves for they knew none else would buy it at that time and in that manner as they determined and when they had thus locked the doore and stopped the way of all relief unto the distressed Protestants of that Kingdom they might sing Dimidium toti qui benè coepit habet For they had setled Scotland and they had now grasped Ireland and held it fast in Vulcans net and therefore now it might stay till they could reduce Eâ—gland to make a perfect work in all the three Kingdomes to the same forme of government both in Chu ch and State as they projected for the other and because they would have some places of entrance into Ireland and hinder the Rebels to possesse the whole Kingdome and also blind the eyes of the ignorant not to perceive their plot How they blinded the people by their proceedings but to keep them still in some hope of redresse they sent such a party over and the Scots must be the most considerable part as might keep their own design on foot and yet yield not an inch of any comfort to the spoyled and expelled Protestant for they left that party which they sent thither rather as a prey to their enemies as having neither cloathes meat nor money then inabled by these accoutrements to subdue the Rebels as it is better and more fully declared by the Letter of the State of Ireland to the House of Commons then I can relate unto you What the Author saw in Ireland And I being in Ireland seeing the deplorable state of that Kingdome the miserable distress of the mangled starved and naked Protestants the little children calling and crying for bread and none to give it them many worthy Ministe s begging or dying for want in the streets and the poore bare-footed and hunger-bitten Souldier lamenting his hard fortune to be transplanted out of Gods blessing into the warme sun from plenty and prosperity to be left as the Traveller betwixt Hierusalem and Hierico halfe dead betwixt merciless Rebells and more unmercifull friends neither wholly to be destroyed nor yet to be releived was much troubled and perplexed at these sad aspects and being intrusted by the Bishops my Brethren of that Kingdome to agitate the cause of the Church for our reliefe here in England and to that end having a Letter unto his Majesty and a Remonstrance of our distressed condition though with the great hazard of my life at Sea yet I arrived by Gods great blessing in England How used as soon as ever he came to his House and before I had been two dayes at home my house was surrounded with a Troope of Armed Souldiers they entred in seized upon my person searched every roome and every corner with a candle not leaving the bedstraw whereon my children lay unsearched they took all my papers and all the money they found in my house even my servants money to the summ of 40 and carried all with me their poor Prisoner to Northhampton and now I thought it was but an ill exchange to escape the Sea and to fall into the fire to shun the Lion How a precise Church-warden would have hindred a Bishop to preach and to meeet a Beare to eschew the Rebels in Ireland and to fall into the hands of T aytors in England and I knew not why but onely that I had often Preached at Tâ—wâ—â—ster where being requested by Master Lockwood to supply the place the precise Church-wardens very peremptorily told me I should not do it because I was a royalist and spake against the Parliament to whom I replyed that he had no such authority to hinder a Bishop to Preach and bad him look to
of it in this place If these Counsellours Magistrates Parliament call them what you will have any power and authority it must be either subordinate coordinate or supreme 1 Subordinate officers can have no power over their superiors 1. If subordinate I told you before they can have no power over their superiour because all inferiour Magistrates are Magistrates onely in respect of those that are under their jurisdiction because to them they represent the King and supply the office of the King but in reference to the King they are but private persons and Subjects that can challenge no jurisdiction over him 2. that neither Peers not Parliament can have the supremacy None above the king at any time 2. If they be supreme then Saint Peter is much mistaken to say the King is supreme and they do ill to disclaime this supremacy when in all their Petitions not disjunctively but as they are an united body they say Your Majesties humble Subjects the Lords and Commons in Parliament and besides they are perjur'd that deny it after they have taken the Oath of supremacy where every one saith I A. B. do utterly testifie and declare in my conscience that the Kings Highness is the onely supreme Governour of this Realme c. But this is further and so fully proved out of Bracton the nature of all the Subjects tenures and the constitution of this government by the Authour of The unlawfulness of Subjects taking up armes against their Soveraigne that more needs not be spoken to any rational man Yet because this point is of such great concernment and the chiefest argument they have out of Bracton is that he saith Rex habet superiorem The Sectaries chiefest argument out of Bracton fully answered legem curiam suam comites Barones quia comites dicuntur quasi socii Regis qui habet socium habet magistrum ideò si Rex fuerit sine frano id est sine lege debent ei fraenum ponere nisi ipsimet fuerint cum rege sine fraeno and all this makes just nothing in the World for them if they had the honesty or the learning to understand it right for what is above the King the Law and the Court of Earles and Barons but how are they above him as the Preacher is above the King when he preacheth unto him or the Physician when he gives him Physick or the Pilot when he sayleth by Sea that is quoad rationem consulendi How the Law and the Court of Barons is above the King non cogendi they have superioritatem directivam non coactivam for so the teacher is above him that is taught and the Counsellor above him that is counselled that is by way-of advice but not by way of command and to shew you that this is Bractons true meaning I pray you consider his words Comites dicuntur quasi socii they are as his fellows or Peeres not simply but quasi and if they were simply so yet they are but socii not superiours and what can socii do not command for par in parem non habet potestatem that is praecipiendi otherwise you must confesse habet potestatem consulendi therefore Bracton addes qui habet socium habet magistrum that is a teacher not a commander and to make this yet moâ—e plain he addes Si Rex fuerit sine fraeno id est lege if the King be without a bridle that is saith he lest you should mistake what he meanes by the bridle and thinke he meanes force and armes the Law they ought to put this bridle unto him that is to presse him with this Law and still to shew him his duty even as we do both to King and people saying this is the Law this should bridle you but here is not a word of commanding much lesse of forcing the King not a word of superiority nor yet simply of equality and therefore I must say hoc argumentum nihil ad rhombum these do abuse every author 3 That neither Peers nor Parliament are co-ordinate with the King If their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I speak not of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 their natural strength and power but of their right and authority be coordinate and equal with the Kings authority then whether given by God which they cannot prove or by the people there must be duo summa imperia two supreme powers which the Philosophers say cannot be nam quod summum est unum est Ommesque Philosoph jurisconsulti ponunt summum in eo rerum genere quod dividi non possit Lactant. l. 1. c. 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Marc. 3.14 from whence they prove the unity of the God-head that there can be but one God and if this supreme power be divided betwixt King and Parliament you know what the Poet saith Omnisque potestas Impatiens consortis erit Or you may remember what our Saviour saith If a Kingdome be divided against it selfe it cannot stand and therefore when Tiberius out of his wonted subtilty desired the Senate to appoint a colleague and partner with him for the better administration of the Empire Asinius Gallus that was desirous enough of their Pristine liberty yet understanding well with what minde the subtle fox spake onely to descry his ill willers after some jests answered seriously 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that government must not be divided because you can never have any happiness where the power is equally divided in two parts when according to the well known axiome to every one Par in parem non habet potestatem But to make the matter cleare The Case of our Affaires p. 19.20 The Lawes of our Land acknowledge all Soveraignty in the King and to shew that the Soveraignty is inseperably inherent in the person of His Majesty we have the whole current of our very Acts of Parliament acknowledging it in these very termes Our Soveraigne Lord the King and the Parliament 25. Hen. 8. saith This your Graces Realme recognizing no superiour under God but your Grace c. And the Parliament 16. Rich. 2.5 affirmeth the Crown of England to have been so free at all times that it hath been in no earthly subjection but immediately to God in all things touching the regality of the said Crown and to none other and in the 25. of Hen. 5. the Parliament declareth that it belongeth to the Kings regality to grant or deny what Petitions in Parliament he pleaseth and so indeed whatsoever authority is in the constant practice of the Kingdom or in the known and published Laws and Statutes it concludeth the Soveraignty to be fixed in the King and all the Subjects virtually united in the representative body of the Parliament to be obliged in obedience allegeance to the individual person of the King and I doubt not but our learned Lawyers can finde much more proofe then I do out of their Law to this purpose And therefore seeing divers supreme
alone that purged the corruption of the Royal Government but meddled not with the Religion of their Bishops and Prophets and beyond the undertaking of Martin Luther that pulled down the pride of the Pope and all that Romish Hierarchy but ventured not to trample upon the Sâ—epter of Kings and the Imperial Government which he held Sacred and inviolably to be obeyed For these men perceiving how God had so wisely ordered these Governments among his people to assist each other that the one can neither stand nor fall without the other as it is fully and truly shewed in the Grand Rebellion therefore as Caligula wished that the people of Rome had but one neck that so he might dispatch them all uno ictu with one stroke So these men would overthrow both Government and destroy both King and Priest both Church and State at one time with one clap with one thunder-bolt And so they should be famous indeed though it were but like the fame of Herostratus that burnt the Temple of Diana or of Raviliac that killed the King of France of Nero that destroyed his mother or Oedipus that murdered his own father for a man may be as notoriously famous for transcendent villanies and nefarious impieties as another is for his rare vertues and super-eminent deeds of piety As in History Thersites is as well known for his base Cowardice as Achilles for his heroick Valour And in the Scripture Judas for his Treachery is as notoriously known as Saint Peter for his Fidelity Therefore these men go on with this great Design and to effect the same I find that they aimed at these two special things 1. To take away all the lets and impediments that might hinder them They aimed at two things 2. To secure unto themselves all the helps and furtherances that might advantage them For 1. As a Vineyard that is well hedged 1. To remove the impediments of their design or a City strongly fenced with walls and bulwarks cannot easily be laid wast and spoiled before these defences be destroyed so the wilde Boars cannot devour the grapes of God's Church and swallow down the Revenues of her Governours and the Rebels cannot pull the Sword out of their Soveraigns hand and lay his Crown down in the dust so long as the means of their preservations are intire and not removed Therefore these men endeavour to eradicate all the impediments of their Design And they saw four great Blocks that were as four mighty Mountains which their great Faith their publick faith being not yet conceived must remove before they could plant their new Church and subvert the old Government of this Kingdom and those were 1. The Earl of Straffords Head Four impediments of their Design 2. The free judgement of the Judges 3. The power of dissolving the Parliament 4. The Bishops votes in the House of the Lords For as the heavenly Angels could do nothing against Sodom while righteous Lot was in it so these earthly angels the messengers of Abaddon can never effect their ends to overthrow the Church and State to make them as Sodom full of all impurity and villany until these four main stops be taken away And therefore CHAP. II. Sheweth the eager prosecution of our Sectaries to take off the Earl of Straffords head How he answered for himself The Bishops right of voting in his cause His excellent vertues and his death 1. Impediment 1. THey get Master Pym the grand father of all the purer sort and a fit instrument for this Design in the name of the House of Commons The Earl his Charge and thereby of all the Commonalâ—y of England to charge Thomas Earl of Strafford of High-Treason A high charge indeed and yet no lesse a crime could serve the turn to turn him out of their way because nothing else could subdue that spirit by which he was so well able to discover the plots and to frustrate the practices of all the faction of Sectaries for as the Jews were no wayes sufficient to answer Saint Stephen's arguments but only with stones so these men saw themselves unable to confute his reasons and to subdue his power but only by putting him to death and cutting off his head for that fault which Pym alleadged he had committed But then I demand How this great charge of High Treason shall be made good against him How sought to be proved It is answered That England Scotland and Ireland and every corner of these three Kingdoms must be searched and all discontented persons that had at any time any Sentence though never so justly pronounced against them by him that was so great a Judge yet conceited to be otherwise by themselves must now be incouraged and countenanced by the faction and most likely by this grand Accuser to say all that they know and perhaps more than was true against him for what will not envy and malice say or what beast will not trample upon the Lion when they see him grovelling and gasping for life in an unevitable pit and it may be compassed with so many mastiff dogs I mean his enemies and discontented witnesses as were able to tear more than one Lion all to pieces So by this means they are enabled to frame near thirty Articles against him ut cum non prosint singula multa juvent that the number might amazâ— the people and think him a strange creature that was so full of heynous offences and so compassed with transgressions But Si satis accusâsse quis innocens If accusations were sufficient to create offenders not a righteous man could escape on earth therefore the Law condemneth no man before he be heard The Earl his Answer what he can answer for himself And the Earl of Strafford coming to his Answer made all things so clear in the Judgement of the common-hearers and answered to every Article so well that his enemies being Judges they much applauded his abilities and admired at his Dexterity whereby he had so finely untied those Gordian knots that were so fouly contrived against him and as his friends conceived had fairly escaped all those iron-nets which his adversaries had so cunningly laid and my popular country-man with the rest of the more learned Lawyers had so vehemently prosecuted to insnare him in the links and traps of guiltiness and in brief the Lords who as yet were unpoisoned by the leavened subtilty of this bitter Faction could find not any one of all those Articles to be Treason by any Law that was yet established in this Land sic te servavit Apollo So God delivered him as he thought and his friends hoped out of all these troubles Yet as a rivulet stopped will at last prove the more violent The nature of malice viresque acquirit ibidem and recollect a greater strength in the same place so rage and malice hindered of their revengeful desires will turn to be the more implacable Quia malitia corum excaecavit eos
all these points are taught by every one of their Teachers but that all these and many more are taught and maintained by some one or other of them as I could easily expresse it if it were not too tedious for my Reader but the bulk of my Book swells too big and their fancies are but Dreams fit for laughter and I brought these onely as Vinegar to be tasted and then to be spit out again CHAP. X. Sheweth the great Bug-bears that affrighted this Faction the four speciall means they used to secure themselves the manifold lyes they raised against the King and the two speciall Questions that are discussed about Papists 5. The setling of the Militia 5. FOr the setling of the Militia and putting the whole Kingdom in a posture of Defence as they termed it 1. They dreamed of a desperate Disease 2. They devised an Emperical way to cure it and 1. The disease 1. The Disease was a monstrous fear of Popery and the re-establishment of abolished superstitions in our Church to invade their consciences and of the Papists with fire and sword to waste their estates and to take away their lives and liberties and through that groundlesse fear they looked on the innocent Ceremonies that were established in the Church as dangerous Innovations and introductions to Idolatry And in the State they feared the practised wayes and endeavours to produce an arbitrary government by our advancing of a boundlesse Prerogative even to the dispoyling of the Subject of his property and robbing him of the benefit of the laws these were their fears And the grounds of these fears were lying fictions and most scandalous detractions and defamations for their invented Letters that should come from Holland and from Denmark and some other places beyond the Seas where we were better believe them then go try whether they were true which informed them sometimes of a Fleet of Danes sometimes of another Nation that should come to assist the King for the setting up of Popery and the securing of himself in a tyrannical and arbitrary government over them What terrible things frighted them and every day almost produced a discovery of new treacheries against the Parliament what terrible things frighted them as the stable of Horses under ground for indeed they were invisible Horses such as Elisha's servant saw terrifying their guilty consciences and that of the Taylors in Moor-fields and the like horrid machinations that were to come against them I know not from whom and God knowes from whence which things how false they were time which is the mother of truth hath long agone made manifest and ridiculous to any man that is not bewitched with these lying fancies therefore lest these dreams of their distempered brains should be too soon descryed and so prove defective to produce their intended project they alledge The Queen is a Papist and I would to God they were so truly religious and void of hypocrisie in their profession as she most gracious Queen is in her religion then they say The Bishops are all Papists Deans and Prebends are of the same stamp and all the Kings Chapleins that were preferred by the Arch-Bishop were either close Papists or profest Arminians which are but Cosen-germans unto the other Arminianism being but a Bridge to passe over unto Popery And with these and the like false slanders against the King Queen and Clergy they so bewitched most of their well meaning brethren of the same house and amazed all the simpler sort of people of this Kingdom with these fears and filled them with such jealousies with those Pamphlets that they caused to be printed and dispersed every where that they were at their wits end for fear of this lamentable alteration of their religion and deprivation of their liberties 2. The disease being thus spread like a Gangrene 2. The Cure over all the parts of the body of this Kingdom they like skilful Physitians devise the cure and that is the preparation of a Militia and this Militia they would have put into such hands as they pleased such as they might confide in and I wish the whole Kingdom knew who those men were and who they are that they do confide in for I know 1. Some of them are poor men of most desperate fortunes if Bank-rupters may be termed such 2. Others to be most factious and schismatical men addicted to Anabaptism and Brownism and other worser Sects as amongst the London Commanders Ven Manwaring Fowke Nâ—rington Bradly Best and the rest whereof there are twice as many schismatical and as it is conceived beggarly Sectaries as are right honest men among them and if we looked among their Lords and all the rest of their nomination throughout the Kingdom I doubt we shall find some of them to be just of the same condition And because the King to whose care and trust God had committed all the people of this Kingdom and not to them that are called by the King and chosen onely by men and that onely for this time and of whom he will require an account of the laws and religion whereof he made him keeper and defender and not of them thought most rightly that this Militia should be committed rather to such men as he might confide in as it was in the raign of Queen Elizabeth and His Father of ever blessed memory rather than to any that they should name which was to dis-robe himself of all his regal power of the chiefest garland of his royal Prerogatives without which he could hold his Crown by no better a tenure then durante beneplacito and to put the sword out of his own hand into the hands of them that could not love him because they could not trust him as they alledged and what reason had he to trust them that were causelesly so distrustful of him they startled at this deniall And because the King of heaven had by this time opened the Kings eys God openeth the Kings eyes to let him see what hitherto he could hardly imagine that these men to whom he had granted for the good of his kingdom so many Acts of grace and favour as never any King of England did before and had very graciously offered to commit to the hands of their own choosing so large a share of the Militia as might have rendred the whole kingdom most secure if security in a just and legall way had been all that they sought for had their intentions far otherwise then they pretended and that not onely the government of the Church was intended to be altered and the Governours thereof destroyed but himself also was hereby dis-robed of those rights which God and the Lawes of the Land had put into his hands and the Kingdom brought either into a base Tyranny or confused Anarchy when all things shall be done according to the arbitrary power of these factious and schismatical men therefore he utterly refused to grant their desires and most wisely withstood their
incline and conspire with this Faction to confirm those Positions which they proposed to themselves to overthrow the Church and State and to uphold their usurped Government and tyrannical Ordinances they will pretend twenty excuses as The great Affairs of the State The multiplicity of their businesses The necessity of procuring monies The shortnesse of their time though they sate almost three years already that they have no leisure to determine these questions which in truth they do purposely put off lest they should leese such a friend unto their party but when any other which dissenteth from their humours doth but any thing contrary to the straitest Rules of the House they do presently notwithstanding all their greatest affairs call that matter into question The L Digby in his Apolog. and it must be examined and followed with that eagernesse as in my Lord Digby's case that he must be forthwith condemned and excluded for we say This cannot be any just Priuiledge but an unjust proceeding of this Parliament 8. The delegating of their power to particular men 8. When they delegate their power to some men to do some things of themselves without the rest as it seems they did unto Master Pym when an Order passed under his sole test for taking away the Rails from the Communion Table for this is a course we never heard of in former time 9. The multiplying of their Priviledges 9. When their Priviledges are so infinitely grown and inlarged more than ever they were in former Parliaments and so swelled that they have now swallowed up almost all the Priviledges of other men so that they alone must do what they please and where they will in all Cities and in all Courts because they have the Priviledge of Parliament 10. When according to the great liberty of language 10. Their speaking and sitting in other Courts which we deny them not within their own wall they take the Priviledge to speak what they list in other places and to govern other Courts as they please where as they did in Dublin and do commonly in London they sit as Assistants with them that are priviledged by their Charters to be freed from such Controllers 11. When above all that hath been or can be spoken 11. Their close Committee they have made a close Committee of Safety as they call it which in the apprehension of all wise and honest men is not only a course most absurd and illegall but also most destructive to all true Priviledges and contrary to the equitable practice of all publick meetings that any one should be excluded from that which concerneth him as well as any of the rest And this Committee only which consisteth of a very few of the most pragmatical Members of their House must have all intelligences and privy counsels received and reserved among themselves and what they conclude upon must be reported to the House which must take all that they deliver upon trust and with an implicite Roman faith believe all that they say and assent to all that they do only because these forsooth are men to be confided in upon their bare word The greatnesse of this abuse when their House hath no power to administer an Oath unto any man in the greatest affairs happiness or destruction of the whole Kingdom for this is in a manner to make these men Kings more than the Roman Consuls and so as great a breach of Priviledge and abuse of Parliament as derogatory to his Majesty that called them to consult together and as injurious to all the people as can be named or imagined CHAP. XIV Sheweth how they have transgressed the publike Laws of the Land three wayes and of four miserable Consequences of their wicked doings 2. FOr those publike written and better known Laws of this Land 2. Against the publick laws of the Land they have no lesse violated and transgressed the same than the other and that as well in their execution and exposition as in their composition For 1. When they had caused the Archbishop of Canterbury to be committed to the Tower Judge Berkeley to the Sheriff of London 1. In the execution of the old Laws Sir George Ratcliffe to the Gate-house for no lesse crimes than high Treason and many other men to some other prisons for some other faults yet all the World seeth how long most of them have been kept in prison some a year some two some almost three and God only knoweth when these men intend to bring them to their legal tryal which delay of justice is not only an intolerable abuse to the present Subjects of this Kingdom to be so long deprived of their liberty upon a bare surmise but also a far greater injury to all posterity when this President shall be produced to be imitated by the succeeding Parliaments and to justifie the delayes of all inferiour Judges 2. Whereas we believe what Judge Bracton saith and Judge Britton likewise which lived in the time of Edward the first 2. In expounding the Laws Si disputatio oriatur justiciarii non possunt eam interpretari sed in dubiis obscuris Domini regis erit expectanda interpretatio voluntas Citatur à Domino Elism in post-nati p. 108. cùm ejus sit interpretari cujus est condere If any Dispute doth arise the Judges canot interpret the same but in all obscure and doubtful questions the interpretation and the will of the King is to be expected when as he that makes the Law is to be the expounder and interpreter of the Law Yet they have challenged and assumed to themselves such a power that their bare Vote without any Act of Parliament may expound or alter a known Law which if it were so they might make the Law as Pighius saith of the Scripture hke a nose of wax that may be fashioned and bended as they pleased but we do constantly maintain That the House of Commons hath no power to adjudge of any point or matter but to inform the Lords what they conceive and the House of Peers hath the power of Judicature which they are bound to do according to the Rules of the known established Laws and to that end they have the Judges to inform them of those cases and to explain those Laws wherein themselves are not so well experienced though now they sit in the House for cyphers even as some Clergy did many times in the Convocation and if any former Statute be so intricate and obscure that the Judges cannot well agree upon the right interpretation thereof then as in explaining Poynings Act and the like either in England or Ireland the makers of the Act that is the King and the major part of both Houses must explain the same 3. In composeing and setting forth new laws 3. Whereas we never knew that the House had any power to make Orders and Ordinances to bind any besides their own Members to observe them as Laws
directors in all Church causes as it appeareth out of all the fore-cited Authors and all the Histories that do write thereof and Justinian published this Law that when any Ecclesiastical cause or matter was moved his Lay officers should not intermeddle with it but should suffer the Bishops to end the same according to the Canons the words are Si Ecclesiasticum negotium sit nullam communionem habento civiles magistratus cum ea disceptatione sed religiosâ—ssimi Episcopi secundum sacros canones negotio finem imp nunto For the good Emperour knew full well that the Lay Senate neither understood what to determine in the points of faith and the government of Christ's Church nor was ever willing to do any great good or any special favour unto the Shepherds of Christ's flock and the teachers of the true religion because the Son of God had fore-told it that the world should hate us that secular men and Lay Senatours should commonly oppose John 15.19 cross and shew all the spite they can unto the Clergy Matth. 10.16 of whom our Saviour saith Behold I send you forth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as sheep in the midst of wolves Whence this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 great distance between their dispositions being observed it grew into a Proverb that Laici semper infesti sunt Clericis And Doctour Meriton In a Sermon before King James How the Laity love the Clergy A very memorable act Anno. â—9 Eliz. cap. 4. observed this as one of the good favours the Clergie of England found from our Parliaments since the reformation when many men first began to be translated from the seat of the scornefull to sit in Moses chaire and to prescribe Lawes for Christ his Spouse to make an Act that all wandering beggars after their correction by the Constable should be brought to the Minister of the Parish to have their names registred in a Book and the Constable used to give to the Minister 2d for his paines for every one so registred but if he refused or neglected to do it the Statute saith he should be punished five shillings for every one that should be so omitted where besides the honourable office I will not say to make the Minister of Christ a Bedle of the Beggars but a Register of the vagrants you see the punishment of one neglect amounteth to the reward of thirty labours therefore all the Christian Emperours and the wisest Kings considering this great charge that God had laid upon them to make wholesome Lawes and Constitutions for the government of his Church and seeing the inclinations of the Laity would never permit any of these Lay Elders and the Citizens of the world to usurp this authority to be the composers contrivers or assistants in concluding of any Ecclesiastical Law until the fences of God's vineyard were pulled down That the Laity should have no interest in making Laws for the Church and the wilde Boar out of the forrest the audacious presumption of the unruly Commonalty ventured either to govern the Church or to subdue their Prince since which incroachment upon the rights of Kings it hath never succeeded well with the Church of Christ and I dare boldly say it fidenter quia fideliter and the more boldly because most truly the more authority they shall gain herein the less glory shall Christ have from the service of his Church and therefore Be wise ô ye Kings And consider how any new Canons are to be made by our Statute 25 Hen. 8. Ob. But then it may be demanded if this be so Ob. that the Laity hath no right in making Lawes and Decrees for the government of God's Church but that it belongs wholly unto the King to do it with the advice of his Bishops and the rest of his Clergy then how came the Parliament to annul those Canons that were so made by the King and Clergy because they had no vote nor consent in confirming of them Sol. Truely I cannot answer to this Objection Sol. unless I should tell you what the Poet saith Dum furor incursu currenti cede furori Dâ—fficiles aditus impetus omnis habet They weâ—e furiously bent against them and you know furor arma ministrat dum regnant arma si lent leges all Lawes must sleep while Armes prevaile besides you may finde those Canons as if they had been prophetically made fore-saw the increasing strength of Anabaptisme Brownisme Puritanisme most likely to subvert true Protestantisme and therefore were as equally directed against these Sectaries of the left hand as against the Papists on the right hand and I think the whole Kingdom now findes and feels the strength of that virulent Faction and therefore what wonder that they should seek to break all those Canons to pieces and batter them down with their mighty Ordinances for seeking to subdue their invincible errours or else because as they say the Ecclesiastical State is not an independent society but a member of the whole the Parliament was not so to be excluded as that their advice and approbation should not be required to make them obligatory to the rest of the Subjects of the whole Kingdom which claim this priviledge to be tyed to the observation of no humane Lawes that themselves by their representatives have not consented unto 2. As the King is intrusted by God to make Lawes for the government of the Church of Christ so it is a rule without question 2. To grant dispensations of his own Lawes that ejus est dispensare absolvere cujus est condere he hath the like power to dispense with whom he pleaseth and to absolve him that transgresseth as he hath to oblige them therefore our Church being for reformation the most famous throughout all the parts of the Christian world and our King having so just an authority to do the same it is a most impudent scandal full of all malice and ignorance not to be endured by any well-affected Christian that the new brood of the old Anabaptists do lay upon our Church and State that they did very unreasonably and unconscionably by their Lawes grant Dispensations both for Pluralities and Non-residency The scandals of the malicious ignorants against the worthier clergy onely to further the corrupt desires of some few to the infinite wrong of the whole Clergy besides the hazard of many thousands of souls the intolerable dishonour of Gods truth and the exceeding disadvantage of Christ his Church for seeing God hath principally committed and primarily commended the care of his Church and service unto Kings who are therefore to make Laws and Orders for the well governing of the same iâ— shall make it most evident that they may as they have ever done most lawfully and more beneficially both for Gods Church and also for the Common-wealth do these three things Three special points handled 1. To grant that grace and favour unto their Bishops and other Ecclesiastical persons as to
Israel for I stand not about words when some were called Kings for the honour of the People Judges 17.6.18.1.19.1 and yet had no more power then Subjects as the Kings of Sparta and others had not the name of Kings and yet had the full power of Kings as the Dictator and the Emperour and the great Duke of Muscovie and the like But when a war is undertaken by any Prince how shall we know which party is in the right for to make an unjust war cannot be said to be the right of any King yet as the Poet saith Quis justius induit arma Lucan lib. 1. Scire nefas summo se judice quisque tuetur Every one pretends his cause is just he fights for God for the truth of the Gospell the faith of Christ and the liberty and Lawes of his Countrey how then shall those poore men that hazard their lives and their fortunes yea and soules too if they war on the wrong side understand the truth of this great doubtfull and dangerous point I answer all the Divines that I read of speaking of war Dambaud in praxi criminal cap. 82. do concur with what Dambauderius writeth of this point that there must be foure properties of a just war 1. A just cause 2. A right intention Foure properties of a just War 3. Meet Members 4. The Kings authority Sine qua est laesa Majestas without which authority the Warriours are all Traytors And I would to God our Rebels would lay their hands upon their hearts and seriously examine these foure points in this present War 1. What cause have they to take Armes against their King 1. A just cause and to kill and murder so many thousands of their own Brethren they will answer that they do it for the defence of their Liberty Lawes and Religion but how truely let God himselfe be the Judge for His Majesty hath promised and protested they shall enjoy all these fully and freely without any manner of dimunution and we know that never any rebellion was raised but these very causes were still pretended And therefore 2. Consider with what intent they do all this 2 A right intention and I doubt not but you shall finde foul weeds under this fair cloak for under the shadow of liberty and property they took the liberty to rob all the King 's loyal Subjects that they could reach of all or most of their estates and to keep them fast in prison because they would not consent to their lawless liberty and to be Rebels with them against their conscience And under the pretence of Lawes they aimed not to have the old Lawes well kept which was never denyed them but to have such new ones made as might quite rob the King of all his rights and transfer the same unto themselves and their friends so he should be like the King of Sparta What Lawes and Religion the Rebels would fain have a Royal Slave and they should be like the Ephori ruling and commanding Subjects And for the religion you may know by their new Synod which are a Synod not of Saints but of Rebels what religion they would fain have not that which was professed in Q. Elizabeth's times that was established by the Lawes justified by the paines and confirmed by the bloud of so many worthy men and faithful Martyrs but a new religion first hatched in Amsterdam then nourished in new-New-England and now to be transplanted into this Kingdom 3. Meet Members 3. Who are the persons that are imployed in this war he first of all that is the more disloyal because he was a person of honour that had so much honour conferred upon him by His Majesty and so much trust reposed in him and would notwithstanding prove so unthankful as to kick with his heeles against his Master and so follow whom you know passibus aequis whose example any other man that were not rob'd of his understanding would make a remora to retain him from rebellion and what are the other heads but a company either of poor Who the Rebels are and what manner persons they be needy and mean condition'd Lords and Gentlemen or discontented Peers that are misled or such factious Sectaries whose blind zeal and furious malice are able to hurry them headlong to perpetrate any mischief for their Captains and their Officers I believe they fight neither for the Anabaptists creed nor against the Romane faith nor to overthrow our Protestant Church but for their pay for which though they cannot be justified to take their hire for such ill service to rebel against their King and to murder their innocent brethren Yet are they not so bad as their grand Masters and for their common Souldiers I assure my self many of them fight against their wills many seduced by their false Prophets others inticed by their factious Masters and most of them compelled to kill their brethren against their wils and therefore in some places though their number trebled the Kings yet they had rather run away then fight and what a miserable and deplorable case is this when so many poor soules shall be driven unto the Devil by Preachers and Parliament against their wills 4. The supreme authorrity 4. If you consider quâ authoritate by what authority they wage this war they will answer by the Authority of Parliament and that is just none at all because the Parliament hath not the supreme authority without which the war is not publique nor can it be justified for a war is then justifiable when there is no legal way to end the controversie by prohibiting farther appeales which cannot be Albericus Gentilis de jure belli l. 1. c. 2. Subjects can never make a lawful war against their King but onely betwixt independent States and several Princes that have the supreme power in their own hands and are not liable to the sensure of any Court which power the Parliament cannot challenge because they are or should be the King 's lawful Subjects and therefore cannot be his lawful enemies but they will say Master Goodwin Burroughs and all the rest of our good men zealous brethren and powerful Preachers do continually cry out in our eares it is bellum sanctum a most just and holy war a war for the Gospel and for our Lawes and Liberties wherein whosoever dies he shall be crowned a Martyr I answer that for their reward they shall be indeed as Saint Augustine saith of the like Res dura ac plena pericli est regale occidisse genus Martyres stultae Philosophiae when every one of them may be indicted at the bar of God's justice for a felo de se a Malefactour guilty of his own untimely death and for their good Oratours that perswade them to this wickednesse I pray you consider well what they are men of no worth rebellious against the Church Rebels against the King factious Schismaticks In what
water which accompanied the persons accused to Westminster the next day after His Majesties departure as if they had passed in a Roman Triumph conceived the danger to be so great that I call Heaven to witness they blessed God that so graciously put it in the Kings heart rather to passe away over-night though very late than hazard the danger that might have ensued the day following The meaning therefore of both Houses may be That there was nothing done which they confessed to be a tumult And no marvel Because they received incouragement as we believed from their defence and no reproof that we found was made for this indignity offered unto the King But if I be constrained and in danger it is not enough for me that I am voted free and safe For if that which looks as like a tumult as that did or as the representation of my face in the truest Glasse is like my face doth come against me and incompasse me about though I may be perhaps in more safety yet I shall think my self in great fear and in no more security than His Majesty was at Edge-hill 3. Because as the viewer of the Observat hath very well exprest it Reason 3 p. 7. No Act of Parliament can prevail to deprive the King of His Right and Authority as an Attainder by Parliament could not bar the Title to the Crown from descending on King Hen. 7. Nor was an Act of Parliament disabling King Hen. 6. to re-assume the Government of his people of any force but without any repeal in it self frustrate and void 7. Rep. 14. Calvins case an Act of Parliament cannot take away the protection or the Subjects service which is due by the Law of Nature 11. rep Sur de la Wares case William de la Ware although disabled by Act of Parliament was neverthelesse called by Queen Elizabeth to sit as a Peer in Parliament for that it seems the Queen could not be barred of the service and counsel of any of Her Subjects 2. H. 7. 6. a Statute that the King by no non obstante shall dispence with it is void because it would take a necessary part of Government out of the Kings hand And therefore I see not how this Act can deprive the King of the service and counsel of all his Bishops and Clergy but that it is void of it self and needeth no repeal or if otherwise yet seeing that besides all this 13. of the Bishops were shut in prison when this Act passed and their protestation was made long before this time and it was so unduly framed so illegally prosecuted and with such compulsive threats and terrours procured to be passed I hope the wisdom of the next Parliament together with their love and respect to the Church and Church-men will nullifie the same CHAP. VI. Sheweth the Plots of the Faction to gain unto themselves the friendship and assistance of the Scots And to what end they framed their new Protestation How they provoked the Irish to rebell and what other things they gained thereby ANd thus the Sectaries of this Kingdom and the Faction in this Parliament have by their craft and subtilty prevailed to have all the chiefest impediments of their Design to be removed So now the hedge is broken down and all the Boars of the Forrest may now come into the vineyard to destroy the vine and to undermine the City of God But into their counsels let not my soul come 2. When they had taken away these stops and hinderances of their projects 2. The furtherances of their Design were five they were to recollect and make up the furtherances that might help to advance their Cause for the founding of their new Church and the establishing of their famous Democratical Government and popular Common-wealth And these I find to be principally five 1. The gaining of their Brethren of Scotland to become their fast and faithful friends 2. The framing of a Protestation to frighten the Papists and to insnare the simple to be led as they listed to prosecute their Design 3. The condemning of our late Canons as abominable in their judgement and inconsistent with their Religion 4. The appointing of a new Synod the like whereof was never heard in the Church since Adam to compose such Articles as they liked and to frame such Discipline as should be most agreeable to their own dispositions 5. The setling of a Militia a word that the vulgar knew not what it was for to secure the Kingdom as they pretended from those dangers that they feared that is from those Jacks of Lent and men of Clouts which themselves set up as deadly enemies unto the Church and State but indeed insensibly to get all the strength of the Realm into their own hands and their Confederates that so they might like the Ephori bridle the King and bring him as they pleased to abolish and establish what Laws and Government they should propose whereby perhaps he might continue King in Name but they in Deed. These were the things they aimed at and they effected the first three before they could be discryed and their Plots discovered but in the other two they were prevented when God said unto them as he doth unto the Sea Hitherto shalt thou go and no further here shalt thou stay thy proud waves And therefore I am confident and I wish all good Christians were so that their purposes shall never succeed nor themselves prosper therein while the World lasteth because God hath so mercifully revealed so much so graciously assisted our King and so miraculously not only delivered him from them but also strengthened him against them contrary to all appearing likely-hood to this very day which is a sufficient argument to secure our faith that we shall by the help of our God escape all the rest of their destructive Designs But to display their Banners to discover their Projects and to let the World see what they are and how closely and yet cunningly they went about to effect their work I will in a plain manner set down what I know and what I have collected from other Writings and from men that are fide digâ—i for one mans eyes cannot see all things nor infallibly perceive the Mysteries of all particulars for to confirm the faithful Subjects in their due obedience both to God and their King and to undeceive the poor seduced people that they perish not in the contradiction of Corah 1. It is believed not without cause 1 The indeering of themselves unto the Scots Our Sectaries the inviters of the Scots to England with far greater probabilities than a bare suspicion that our own Anabaptistical Sectaries and this Faction were the first inviters of those angry spirits that conceived some cause to be discontented and were glad of secret entertainers to enter into the bosom of this Kingdom Whatsoever those our Brethren of Scotland did I will bury it according to their Act in oblivion neither approving nor
yet blameing them for any thing But for any Subject of England to enterchange Messages and to keep private intelligence with any that seem to be in Arms against their King and the invaders of his Dominions to animate them to come and advance forward to refuse their Soveraigns Service and the Oath of their fidelity which was tendered unto them and to hinder the Kings Souldiers to do their duties either by denying to go with him or refusing to fight for him when they went which if some men were brought to their Legal tryal I believe would be more than sufficiently proved against them can be no lesse than heynous Crimes perhaps within the compasse of high Treason Or were these things but our jealousies and fears which do wear the garments of Truth yet their proceedings in Parliament do add more fuell unto the fire of our suspicion as for our men whom we have chosen to plead for us and to treat with them to respect them more than us to enrich them by impoverishing us How they behaved themselves towards the Scots giving them no lesse than 300000. l. who had entered into our Land and brought upon us such fears of I know not how many mischiefs that might succeed and not only so but also to shew what love they bare to them and how little regard they had of us their Native Brethren that put such trust and confidence in their fidelity as to commit all our fortunes and liberties into their hands paying weekly such a Pension for their provision besides the maintenance of our own Army which were forced to carry them their monies when themselves were unpaid as in a short time was able to exhaust all the wealth of this Kingdom and yet for all his Majesties continual calling upon them to dispatch their discharge and to finish the Treaty for the good of both Kingdoms keeping them here so exceeding long and making so very much of them which in truth we envyed not but admired what it meant when we saw with what continual feastings they were entertained in London and their lodgings frequented as the Kings Court till all the people began to murmur and to wax weary of so great a charge and such a burden as they knew must at last light upon their shoulders which must needs be matters worthy of our best examinations But as yet the common people that seeth no further than the present tense Why they detained them here so long and the outside of things did little know what many wise men did then foresee that these men aimed further than they seemed to do and delayed the businesse purposely till they had attained many of their desires and had fully endeared themselves into the affections of the Scots that if need required that they could not effect all the residue of their design as they intended which now could not so suddenly be brought unto perfection they might recall them here again to assist them to do that by force which by their craft and subtilty they should fail to do as now by their sending for them going unto them and alleadging the Act of Pacification for their assistance to withstand their King and to overthrow our Church it is apparent to all the World how perfidiously they dealt with God and man and how treacherous their thoughts were from the beginning both to the King and Kingdom Yet As we found our Brethren of Scotland howsoever these men behaved themselves in their secret intentions to have carried themselves none otherwise than as wise rational and religious men in all the Treaty So I assure my self they will hereafter still continue both faithful unto God and loyal unto their King and as they perceived not their intentions at the first so they will not now joyn with them in any Association of Rebellion to withstand their own Liege Lord and to change the established Laws and Religion of our Kingdom but will rather live in peace and happiness in their own Land than by forsaking their enjoyed quietness to involve themselves in the unhappiness of a desperate War in another Country 2. The compelling of all people to take their new framed Protestation 2. After they had thus endeared themselves unto their Brethren of Scotland they framed a Protestation to maintain and defend as far as lawfully they might with their lives powers and estates the True Reformed Protestant Religion his Majesties Royal Person Honour and Estate the power and priviledge of Parliament the lawful Rights and Liberties of the Subjects and every person that should make the Protestation in whatsoever he should do in the lawful pursuance of the same and to their power and as far as lawfully they might to oppose and by all good means endeavour to bring to condign punishment all such as shall either by force practice counsels plots conspiracies or otherwise * Which word is like the c. in the Canonical Oath do any thing to the contrary of any thing in the said Protestation contained and neither for fear hope nor other respect to relinquish this Promise Vow and Protestation In which Protestation though no man can espy the least shadow of ill prima facie at the first reading thereof yet if you look further and search narrowly into the intentions of the composers the frame of the Protestation and the practice of these Protestors ever since the framing of it you shall find that Desinit in piscem mulier formosa supernè these men are no Changelings but as like themselves as ever they were For 1. To terrifie the Papists to raise a Rebellion in Ireland 1. As it was intended so it succeeded it terrified the Papists and made them so desperate as almost to despair of their very Being as concerning the place where or the manner how they should live Which thing together with many other harsh and hard proceedings against many of them and the small countenance which they shewed unto a very moderate Petition that the Papists exhibited unto them hath driven abundance of them into Ireland whom I saw my self and there consulting with the Irish which were then also threatened by the Agents of this Faction there that ere long they should be severely handled and brought to the Church whether they would or no or pay such a Mulct as should make them poor what course they should take in such a desperate condition wherein they were all like to be ruined or to be rooted out of all the Kings Dominions they concluded what they would do To defend themselves by a plain Rebellion So this course against them hath been the leading-card as some of them confessed of that great Rebellion which being kindled as some Sectaries in England expected they thought they would so much the more weaken the King by how much the more combustion should be raised in each one of his Dominions And therefore notwithstanding all the Kings gracious Messages and wishes unto the House of