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

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all the World and their damnation sleepeth not be not found amongst the number of Hypocrites Apostates Atheists and Papists persecuting the poor Church the sword is put into your hand for the preservation not for the persecution of a godly zealous Ministery The God of all wisdom direct you for the Churches good and his glory for which ends we dedicate these our Papers to you A short Discourse of the excellency of Englands Laws and Religion c. IT is not unknown to us the Free-born Protestants of England that our Nation claimeth the priority of all other Nations in the World for ancient and famous Laws and Peace and Religion The Laws and Customs of England saith Learned Fortescus are ancienter then the Laws of the Romans yea of the Venetians which are esteemed the ancientest in the World they are more famous then others because better then the Laws of other Nations and that in a threefold respect in the subject matter in the form and 3. in the disposing of them The ras substrata of the statute Laws of England is reason which indeed is the totum compositum of the common Law Common Law is a vast mine of right reason out of which all other Laws are digged and fitly squared to the good of the Kingdom he therefore is esteemed the best Lawyer that spoke the best reason and herein the People of England excel all other Nations in that they are only subjected by the Law to reason and the purest reason which to be is doubtless perfect freedom yea it may truly be affirmed that by the Law they are subjects only to divine reason for we have such a standing Law upon record that whatsoever Custom maxim or Statute shall be faind directly contrary to the Law of God that Custom Maxim Statute or Case shall be ipso facto void and so adjudged And as for the matter for the form the Laws of England are the absolute and undoubted best in the World for as there is universal obedience required and injoyned to every Law inacted for there is a general assent in the acting and constitution of that Law There are 3. estates which concur as joynt causes of the same effect in making of a Law These 3. Conjunctions do make the supreme Authority of the Nation the Apax or Culmen potestatis being set upon the Kings head all Writs and procession issuing out in his name with him are joyned the House of Lords and the House of Commons these 3. divisions are limitted by Law but compunction they have power to repeal or make a Law and none can say unto them why do you so but either of these apart are limitted by Law Limitations of royal power have been made and acknowledged by Magna Charta and several other acts and no obedience acknowledged any otherwise then according to Law and King Charles acknowledged that the measure of his power was the Law and he desired no more then what he was invested with by Law And so of the other two estates of Lords and Commons these three have negative voices alike have freedom in their several places a like freedom to make motions and freedom to reject what they dislike This is the absolutest best Government in the World as is clear from God and Nature God himself who is the Almighty Monark of all Spirits hath pleased to reveal himself to Man in a Trinity of persons and governs the universe by himself Angels and Men Celestical Bodies by Sun Moon and Stars the little World Man by understanding will and affections and the Kingdom of England by King Lords and Commons The King of himself cannot make a Law of himself if he do t is tyranny nor the Lords in a part by themselves nor the Commons by themselves against the other two if they do it is usurpation exceeding presumption perjury and Treason for they are sworn to the contrary by their Oaths of allegiance and supremacy to act nothing against the Crown and Dignity of their Soveraign Lord the King besides they are sworn to maintain the Priviledges of Parliament The King makes the first of these three Estates by a right which is not by election nor by Conquest simply but by inheritance for the Saxon Kings laying the plat-form of good Government here in England continued it succesfully until the Danes drove them into Corners subduing them for a time the which they soon recovered again and so recovered their ancient Customs and Laws again and continued them Edward the Confessor who was of the Saxon line having no Heir descending of his body intended to make Edgar Ethling Gran-child to Ironside his successor but Edward the Confessor dying Harrold-Earl Godwins Sonne being popular for his Victories usurped the Crown and dispossessed the right Heir deluding William of Normandy to whom he had promised by Oath the Government of the Kingdom after the death of Edward William Duke of Normandy hereupon pleads a right to the Crown of England by promise as he said from Edward the Confessor and hereupon brought an Army with him from Normandy and gave battel to Harold the Usurper at Hastings in Sussex where he overthrow'd him by whose overthrow there was way made for a Treaty betwixt Duke William and the Nobles and Citizens then at London Duke William pleaded his right by promise as having a grant of the Kingdom made to him by Edward the Confessor and confirmed by Harrold who forswore himself and usurped the Crown hereupon Duke William was received and acknowledged King by the Nobles and City of London after this Edgar Ethling who indeed was the right Heyr compounded with Duke William and for a royal allowance which Duke William granted him he reconciled himself to him and thus William came in as Successour to Edward the Saxon King and so it succeeded from the Normans to the Plantagenets Henry the 2. being the Sonne of Maud Henry the 1. his Daughter whom he married to Jeffery Plantagenet who begat Henry the 2. and so it passed from the Normans to the Plantaginets in whose unquestionable time eight Kings succeeded each other afterwards they divided Henry the 4 of the younger house usurped the Crown being of the house of Lancaster but Edward the 4. of the house of York coming in upon a better Title then those of Lancaster overthrew those that opposed his Title this Division continued and lived until Richard the 3. died who breathed the last of the Plantagenets The Tudors next succeeded the Plantagenets Henry the 7. matching with Elizabeth the eldest Daughter to Edward the 4. of the house of York united both houses of York and Lancaster laying the white Rose and the red together in the royal person of Henry the 7. the Scepter fell back into the Current of the old brittish blood together with the German Norman Burgandian Castalian and French atchievements with the intermarriages which 800 years had acquired incorporated and brought back into the old royal time
intended to be brought up against the Parl to force them to condescend to the lusts of a Popish party Hereupon the first Protestation was framed and sent throughout the Kingdom no body refusing to subscribe it except Jesuitish Separatists J. A. B. do in the presence of Almighty God promise vow and protest to maintain and defend as far as lawfully I may c. Soon after this the breach between the King and the Parl. fell out the King giving too much ear to evil Councel and that Popish faction which was the ground of all the former persecution and the civil War the King raised an Army to defend himself and the Protestant Religion the Parl did the like upon the same grounds which at that time was doubtless real their end propounded was to defend Religion Law the Kings Maj. Person the Parl. priviledges and the Peoples Liberties The Parl cause seemed the best in most Protestants eyes at that time in regard the Courts designs were long before discovered to the Parl The Queens departure with the Crown-Jewels into Holland and the numerous flocks of Papists going to the King with all the corrupt part and guilty persons of the Kingdom which made haste to the King after his departure made the Protestants afraid what would become of Religion Parliament and the Kings person should that party about him have prevailed however they professed the Protestant Religion though many of them convicted Papists Hereupon the Lords and Commons made a second Vow and Covenant with this preamble Whereas the Lords and Commons now assembled in Parl have declared that there hath been and now is a Popish and Traiterus plot for the subversion of the true Protestant Reformed Religion and the liberty of the subject c. And after all this still perceiving the Popish party to increase grow great victorious bloudy and blasphemous the Lords and Commons professing to the World that they had nothing before their eyes but the glory of God the advancement of Christs Kingdom and the happiness of the King and his Posterity with the true publique liberty safety and peace of the Kingdom against the plots of the enemies they entred into the solemn League and Covenant containing 6. Articles which every Parl. man publickly and solemnly at the Chappel of St Margaret Westminster with his hand lifted up to Heaven in the sight of the Scots Commissioners and the whole Congregation did subscribe 1. That we will sincerely really and constantly through the grace of God indeavour in our several places and callings the preservation of the reformed Religion of the Church of Scotland in Doctrine Worship Discipline and Government against our common enemies the reformation of Religion in the Kingdoms of England and Ireland in Doctrine c. 2. That we will in like manner without respect of persons endeavour the extirpation of Popery Prelacy Superstition Heresie Schisme Prophaneness c. 3. With the same reality sincerity and constancy in our several places and Callings indeavour with our Estates and Lives mutually to preserve the Rights and Priviledges of Parl and the liberties of the Kingdoms and to preserve and defend the Kings Majesties Person and Authority in the preservation and defence of the true Religion and Liberties of the Kingdom that the World may bear witness with our Consciences of our loyalty and that we have no thoughts or intentions to diminish his Majesties just power and greatness 4. We shall also with all faithfulness endeavour the discovery of all such as have been or shall be incendiaries or Malignants c. 5. And whereas the happiness of a blessed peace between the Kingdoms formerly denyedt our progenitors c. 6. We shall also according to our places c. This solemn League and Covenant being entred into by both Nations of England and Scotland made the deepest and strongest Politicians of the Roman faction to tremble yea as Mr. Hinderson the Reverend and Learned Minister of Scotland then Commissioner well foretold the news of this Covenant which was soon carried to Rome with the names of all the Subscribers made the Pope and his Conclave of Cardinals amazed and tremble insomuch that they doubled their diligence to work the destruction of the Covenanteers at this time The Duke of Lorane was solicited by Sir Kelem Digbies meanes who was then the Queens Agent for the English Affairs at Rome to help the King of England with an Army against the Covenanters in England Sir Kelenem Digby was the Popes right hand to promote and further all designs against the Covenanters party in England At the same time a Nuncio was forthwith sent from the Popes Court into Ireland there to make a Cessation with the Protestants and to further by all means possible the King of England against the Covenanters which was concluded with the Popes good liking as hath been confessed The old and sage Statesmen in Parl perceiving the designes of the Pope to drive furiously on towards the destruction of the Parl and Covenanters called in the Scots to their aid against the Popes designes The English A●my and Scots Army admitting no Officers or Souldiers in their Armies but such as took the Covenant the Covenanters through Gods providence beyond all expectation prospered in the field against their enemies and the Parl and Assembly of Divines prospered at Westminster and went on successively both of them being unanimous in the pulling down of Popery and Tyranny and establishing and maintaining the liberties of the Kingdom and Laws of the Realm and true Religion in Doctrine Discipline and Government for this purpose the Assembly of Divines first went over the Articles of faith drew them up after most deliberate serious and learned debates upon each of them and humbly presented them to the Parl under 33. heads 1. of the Scripture 2. of Gods Covenant and the holy Trinity 3. of Gods decrees 4. of Creation 5. of Providence 6. of mans fall and sin 7. of Gods Covenant with man 8. of Christ the Mediator 9. of free will 10. of effectual Calling 11. of Justification 12. Adoption 13. Sanctific●tion 14. saving faith 15. Repentance 16. good works 17. of perseverance 18. of assurance of grace 19. of the Law of God 20. Christian liberty liberty of Conscience 21. of religious worship and the Lords day 22. of lawful Oaths 23. of the civil Magistrate 24. of marriage and divorce 25. of the Church 26. of Communion of Saints 27. of the Sacraments 28. of Baptisme 29. of the Lords Supper 30. of Church-censures 31. of Synods and Councels 32. of the Resurrection 33. of the last judgement Then they regularly proceeded to settle Church-Government first proving Presbytery to be the Government which is most like to the primitive Government and coming nearest of all other Governments to Gods word next they drew up a Directory for Church-Government with an Orthodox learned and pious Catechisme and thus the Covenanters Magistracy and Ministry went on and prospered until they threw down their