State whereof he was sufficiently ignorant we English Men cannot well brook So Bodin being informed by Dellus who I think was Sir Thomas Dale a prudent and experienced Statesman and far better acquainted with the Government of his own Country than he was that the Kings of England could not make or repeal a Law without but only by the Parliament he wondred and notwithstanding his Information he presumptuously determines the Kings of England to be absolute Monarchs So much he doated upon his imperfect notion of Majesty and absolute Power Mr. Cambden though a learned Antiquary yet not in the common Law speaks doubtfully in this point and doth not well though perhaps prudently express himself His words are Quod Rex habet supremam potestatem merum imperium apud nos Yet afterwards speaking of our Courts he gives to the Parliament the supreme and sacred power in making conferring repealing and interpreting the Laws and in all other things which concern the good of the State. If he meant that the King had it jointly with the two Houses it 's tolerable yet if so 1. His former expression was not good 2. Neither is that latter assertion of his when he saith the Parliament is summon'd ad arbitrium Regis when the King pleaseth section 14 But let 's go to the Parliament where we shall find the King again and when we come there we must consider 1. What it is 2. What power it hath 3. What power it hath not 1. To give a perfect definition of it is above my skill neither is it within the sphear of my profession ancient Parliament-men and especially learned Antiquaries in the common Law know it best Mr. Cambden gives a tolerable description of it It 's a Representative of all England invested with the highest power of Legislation and all other acts that concern the common good This is the substance of the matter though not given in his express terms And here I will not say any thing of their Election Incorporation manner of proceeding after it 's once constituted and begins as a formal Parliament to act Some have conceived it to be one of the most orderly Assemblies in the World which is an argument of the great wisdom of our Ancestors who first molded it and brought it to perfection yet it may be corrupted and ill constituted and then Corruptio optimi est pessima The Election in our times is not well ordered for if it were the very quintessence of the wisdom and virtues of all England might be extracted united and act in that Convention But men are ready through want of understanding to undo themselves by choosing insufficient and unworthy persons The first constitution certainly required a qualification in the persons to be Elected For we trust them much even with our Estates Liberty Lives and Religion for the outward profession It 's not fit to trust these in the hands of any sort of Men but such as shall be wise faithful just and sincerely affecting the publick good The Saxon name Wittena Gemote implies this for it signifies the meeting of wise men and is the abridgement of all the Folk-motes in England and of the wisdom of all England and now of all England Wales Scotland Ireland If they should be wise men wisdom includes all virtues If we consider this great body as distinct from the King it 's said to consist of two Houses which some call the upper and the lower This the Commons did not like did not acknowledge The two Houses or the House of Commons and the House of Peers may be tolerable and I do not know they ever excepted against the expressions Many ungrateful and unworthy persons to their own wrong and prejudice have much depressed the House of Commons and are not ashamed to say such is their ignorance that it is but of late standing Yet it 's the chief part and almost the whole Representative the Peers to them are but inconsiderable Whatsoever is concluded there doth most concern them and the heaviest burden lies on them And though by Commons some may understand only the Plebeian Rank yet there we find in that House men of as good Birth Estates and as eminent vertues as many of the Lords be What the House of Commons is may be more easily known but the nature of the House of Lords is somewhat hidden For in it we find Lords Spiritual as Abbots Bishops and these by Tenure we find in it also Lords Temporal as Dukes Marquesses Earls Viscounts Barons And all these under the name of Lords Peers Barons though Bárones Proceres Nobiles do sometimes signifie other persons For we read of the Barons of the Cinque-ports Barons of the Exchequer the eight Barons of Cheshire and the Barons of Burford in Shropshire We find Peers sometimes taken in another sence and to include the Commons And the truth is if the whole assembly be considered as one Representative they are all Peers and in all acts should be taken so to be These Peers become such three ways as I observed in my answer to Mr. Hobb's For they are aut Foedales aut rescriptitii aut diplomatici Barons by Tenure and ancient prescription since the time of William the Elder or by Writ or by Patent It is not for me to debate much less to determine the Controversies about these Lords as 1. Whether they be essential parts in a distinct House from the Commons of the Parliament or no seeing Acts and Ordinances and the same valid are said to be made without these Lords not any by the Lords without the Commons 2. What these Lords may do or for what end they are called For some say they sit there as Judges of the King together with the Commons For though the King in his Politick capacity cannot do wrong yet in his Personal he may This Horne and Bracton with other of the old Lawyers will tell us in whom we may read of the Torts and wrongs done by the King and of judging him as also the Queen and the Prince 3. Seeing by the Writ of Summons they are called to deliberate and consult Consilium impensuri not ad faciendum consentiendum as the Commons are whether they be there only as the King's Counsellors 4. Suppose them to be the King's Counsellors whether they be such without or with the Commons 5. Whether they have any share in the Legislative power or if they have whether in the same House or in a distinct House and Body with a negative to the Commons or not 6. When this transmitting of Bills to the House of Lords began which some say to be after the Barons Wars For it was not so from the beginning 7. Whether the Lords and not the Commons have power to administer an Oath We read in Sir H. Spelman's Glossary in the word Baro that no Barons were called to the Parliament but such as held of the King in Capite 2. That all
Scot and the Independent began to clash So the state of the controversie seemed to be altered For both these Parties at the first professed themselves enemies only to Popery and arbitrary Government which all true English Protestants were bound to oppose and by the Laws of the Land might justly do it But neither Presbytery nor Independency could be for our true interest but rather against it The truth is they were not unanimously resolved what they should build up though they agreed well enough in pulling down And surely it 's not wisdom to pull down and raze to the ground an old House which being repaired might serve the turn before they had a new one and the same better ready to set up or rather finished to their hands Yet this was not all the difference between the Parties but after the Conquest of Hambleton and all the Royal party rising and ready to joyn with him yet some of them who were real and cordial and did really joyn together laying aside for the time the difference of Presbytery and Independency in subduing the Adversary were willing to joyn with the King upon certain terms in the Isle of Wight They thought that such an agreement if it might be made was the only way to settle us in peace Others conceived that such an agreement if once made was destructive of all former designs and proceedings and that if the King was guilty of so much blood and other crying sins as the Parliament and especially the Kirk of Scotland had charged them withal then to agree with him was to destroy the English interest and bring innocent blood upon themselves and the Nation Therefore in an order for a solemn Thanksgiving made by the Kirk one particular mercy to be remembred in that Service was that the Treaty with the King in the Isle of Wight did not take effect From this fearful guilt if justly charged upon the King and his party some would dare to conclude That they who attempted to make an agreement with the Enemy so guilty could not be so faithful as those who refused all such reconciliation and endeavoured to take away all causes of future danger Yet if these latter after a full and final ruine of the malignant party as they called them should not proceed impartially to reduce the Government to the primitive Constitution and labour to settle the Protestant Religion for the substance and the good Laws of the Common-wealth they might prove more faithful in destroying than in building and laying the Foundation of our future happiness For to pull down one arbitrary Power to erect another and neglecting the substance of the Protestant Religion to protect Sectaries and erect new models of their own brain can be no act of fidelity I will not enter upon particulars nor reflect upon any person or persons for my intelligence is not so perfect as to know the secret designs and hidden motions of several parties which if I did know I might the better regulate mine own judgment in this point though I could not satisfie others Therefore I will leave all to the judgment of the Eternal God and pray for future peace and humbly request him for to bless and prosper all such as with an upright heart have endeavoured and do still labour to establish a wise and just Government And I further desire all those whom God hath preserved and blessed with great success to make a right use of God's mercies lest in the end they suffer the same or like judgments as God by them hath executed upon others for their sins Though it be material to know who have been most faithful and by whose means under God for the present we enjoy peace and the Gospel yet it may be of more moment and also more useful to take notice of the errours mistakes and miscarriages both of Parliament and Army from first to last For by the knowledge hereof we gain some advantage and wise men may easily understand how to avoid the like and to prevent such miseries for time to come as we have suffered in time past 2. To observe God's proceedings and the order which he hath observed in all our confusions and the end whereat he aims and the duties he expects after so many judgments executed 3. To consider what Families and persons God hath punished in these sad times and for what sins and if we after so great success fall into the same sins we must expect the like punishments 4. Not to mention the great alterations in the Dominions of Spain Turkey China of late days let 's consider in brief the strange works and proceedings of the Almighty with us in this corner of the world To this end let us take a short view of the Wars 2. The Parliaments 3. The King. 4. The Civil Government 5. The Church 6. Our present condition 1. The Wars are Civil or Foreign Civil in England Ireland Scotland The Royal Standard of England marcheth into Scotland where an Army is ready to oppose Yet no blow given no blood shed After this we see two potent Armies in England and only a little skirmish at the first a pacification is made the National League concluded both the Armies disbanded But after this no man fearing it a bloody massacre of two hundred thousand in the space of one month besides many thousand slain and butchered afterwards begins the Tragedy in Ireland Forces are sent to revenge that blood and thousands of the bloody Irish are sacrificed to expiate the former murthers At length a Civil War is commenced in England the same very bloody continues long many thousands are slain the Sword rageth in every corner the cry goes up to Heaven The Parliament desiring not only to defend it self but to relieve bleeding Ireland is brought very low is ready to submit calls in the Scot recovers prevails beats the King's party in the field reduceth all their Garrisons and obtains a total Victory in England Ireland almost lost is recovered again first in field-battel then by reducing all their Garrisons And in that Kingdom from first to last millions are slain the ancient great Families cut off and the Land for the greatest part made desolate which was a dreadful judgment of the most just Judge of Heaven and Earth Scotland where the fire began to smoke at first scaped long at last felt the bottoms and cruelty of a bloody War managed against them by Montross who at first was one of their Covenantiers Yet this fire is quenched They invade England twice and are twice scornfully foiled and shattered to pieces in England and at length wholly subdued by our English Forces in Scotland and remain subject to our Power to this very day Never so many fearful Judgments executed never so many bloody Wars in so short a time can we read of in all our former Histories Before these Wars are ended they beat the Netherlanders the most potent people by Sea in the World. 2. Parliaments
many The Clergy and Ministry of England were never represented by the Knights of the Counties before our times neither could the Parliament without the personal presence of some of themselves impose Subsidies much less Ecclesiastical Canons upon them They are as free English men as any other and by the Laws of the Land have their privileges and immunities distinct from those of other mens which are now taken from them and it 's an hard case that they may have none of their own faculty and capacity as their proper Representatives to maintain them and speak reason for them They are willing enough to part with any thing formerly they had if not agreeable to Scripture 2. To prove this mixture the King's Coronation Oath might be alledged for he swears to corroborate the just Laws and Customs quas vulgus elegerit where two words require some explication 1. Vulgus 2. Corroborare That we may know what they mean. Vulgus some think doth signifie the Commons and then the Lords as of a distinct House can have no share in the Legislation except as some tell us they were represented by the Knights of the Counties whom with the rest of the Free-Holders they did anciently elect and contribute to their Charges whilst they sat in Parliament Vulgus in Latin is the same that Folk in Saxon and now remains in English from whence Folk-mote the City or Shire-meeting as the Parliament is the great meeting of all the Counties in England In this place it must be the Representative of the whole Community of England in one body all the members of the Wittena Gemote as united and distinct from the King. The word Corroborare doth not signifie to give the essence to the Law as though it were not a Law before or not a Custom but it signifies to guard keep defend observe the just Laws and Customs in the administration and to see them executed according to judgment It may be the same with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Greek which doth not give the being to a Will and Testament for it must be a Will before it be confirmed and so made effectual Confirmation is extrinsecal and accidental not essential to the Will or Testament The reason why the Kings did swear to corroborate the just Laws and Customs made approved chosen by the people was because that upon the dissolution of the Parliament the sword remained in his hands for to see the Laws executed which were ineffectual would lie dead be in vain without execution These words explained the matter to be observed is that if by Laws and Customs we understand the rules of administration not only as including a binding force but also as to be made effectual then it follows by the tenour of that Oath that the Legislative power which is the foundation and rule of all acts of administration was in King Peers and Commons jointly this is a mixture and a free State. 3. This mixture will farther appear from the manner of enacting for that was the manner in our days Be it therefore enacted by the King 's most excellent Majesty by and with the assent and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by authority of the same Neither is this new for the substance of it is ancient as Sir Edward Coke doth manifest in the cause of the Prince as Duke of Cornwall The Collection of the Statutes will manifest it for four hundred years For what if other terms were used yet they were in sense the same Neither did this begin in the Reign of Richard the Second or Henry the Third King Edward the Confessor's Modus tenendi Parliamentum will confirm the same to which my Lord Chief Justice Coke tells us the Conqueror bound himself Though Sir Roger Owen thinks this book but a Pamphlet yet my Lord Coke as good a Lawyer and Sir Henry Spelman as good an Antiquary as he were of another mind and thought better of it Nay it 's not only thus in making Laws but also in judgments which pass into an act And this kind of Judgment is the highest from which there lies no appeal This is the nature of the Constitution so far as my poor understanding is able to judge section 18 It remains I add something of our present condition since the times of our sad divisions After a long continued peace the light of the glorious Gospel many blessings and great deliverances from Heaven such was our unthankfulness so great the corruptions of Church and State that when God expected better fruits our sins were ripe for vengeance so that some fearful judgment if not the ruine of the three Nations did seem to approach or rather to be fatal and unavoidable And some of our Teachers and Watchmen seriously considering the eternal rules of providence and divine proceedings with the World in former times and knowing our present distempers did foresee this and gave us warning from those words of our Saviour Except ye repent ye shall all likewise perish Luke 13.3 Yet no warning given either by our watchmen from the Scriptures or the judgments of God upon Germany and the neighbour Nations round about us whom from our own shores we might behold wallowing in their own blood would be taken And even then when there was no danger from any enemy without and we were secure as enjoying the sweetest and most happy peace that could be expected on earth God looked down from Heaven with indignation and as though he had sworn to be avenged on such a Nation and so ungrateful a people he sent a spirit of giddiness amongst us and set the Egyptians against the Egyptians and made us Executioners of his own Judgment upon our selves for from our selves our miseries did arise For after a first and second pacification between England and Scotland the long continued Parliament began to reform both Church and State but found the corruptions so generally diffused and deeply rooted in the whole body that there was a greater fear of ruin than hope of Reformation and this some of our wise Statists had formerly observed was likely to be the issue They acted vigorously at the first but as some wise men thought too hastily and too high and seemed somewhat to encline to an extreme In the mean time no man suspecting no man fearing it brake out that bloody barbarous massacre in Ireland wherein two hundred thousand English Protestants are said to be murthered in one month In this the actors were Irish Papists and the sufferers English Protestants This could not quench the fire of dissention in England which began to manifest it self in the Parliaments Militia opposed to the King's Array which proceeded to a bloody battel at or near Keinton which continued till the King's party was wholly subdued in England himself put to death his posterity dispossessed of the Crown Ireland reduced with the ruin of almost all the chief and ancient Families
of the same and Scotland vanquished In all our sad divisions which happened from first to last and are not wholly yet ended to this day Two things are worthy the serious consideration of wiser men than I am 1. What party for time past hath been most faithful to the English interest 2. What course is to be taken for to setle us more firmly for time to come For the first we must understand what the English interest is The interest of England is twofold Civil and Ecclesiastical for we are English men and Christians The Civil interest is salus populi Anglicani there is no doubt of that for the peace safety liberty happiness of our dear Country is the end whereat we are all bound both by the written and natural Laws of God to aim The interest Ecclesiastical is the Protestant Religion and the perservation of the substance thereof Prelacy Presbytery Independency much less Antipaedobaptism and other Sects are not essential but accidental to it This being the interest of England we cannot judge of the faithfulness either of the King 's or Parliaments party by the quality of the persons of either side For there were both good and bad on both sides who had their several grounds of adhering to this or that party and their several ends and neither their grounds nor ends good Nor can any man justifie all proceedings and actings of either side both had their errours Nor must we judge of them according to their protestation for both could not by such contrary means attain the same end as both sides protested to maintain the King the Parliament the liberty of the Subject the Laws and the Protestant Religion Neither in this particular must the Laws of the English Constitution and Administration be the rule for both acted not only above the Laws but contrary to the latter of them at least For no Laws could warrant the Parliament to act without the King or the King without the Parliament much less was it justifiable that there should be in one Kingdom two not only different but contrary commands supreme and from different heads and persons This was directly against the very nature of all Common-Wealths which have only one first mover and one indivisible supreme power to animate and act them section 19 The Rule therefore must be the Laws of God as above the Laws of Men and we must consider according to these divine Rules what was the state of the Controversie the justice and equity of the cause made evident and the just necessity of doing that which was done Neither must we look at the cause only as just in it self but also how it 's justly or unjustly maintained For men may use such means as shall never reach the just end intended but also such as may be destructive of the cause it self and raze the very foundation of it Besides all this before a perfect judgment can be made the secret counsels contrivances designs hidden actings of the chief Actors should be known yet these many times lie hid and are not known or if known yet to very few and some of these few cannot found the bottom Many things are charged upon the King as acting against the English interest as Civil as that he dissolves Parliaments without just and sufficient cause that he intermits Parliaments for sixteen years together that having signed the Petition of Right he acts contrary to it imposeth Ship-money calls a Parliament signs the Act of Continuance deserts it calls the Members from it calls another Parliament at Oxford challengeth a negative Voice to both the Houses raiseth a War against it though he was informed that this tended to the dissolution of the Government that whosoever should serve to assist him in such Wars are Traitors by the fundamental Laws of this Kingdom and have been so adjudged in two Acts of Parliament 11 Richard 2. and 1 Henry 4. And that such persons ought to suffer as Traitors These with other particulars charged upon him seem directly contrary unto the civil Interest of the Kingdom Again to Marry a Popish Lady upon Articles directly contrary to the Laws of England and the Protestant Religion established by Law to entertain Twenty eight Popish Priests with a Bishop to tolerate Mass in the Court to receive Three Agents from the Pope one after another Pisano Con Rosetti to maintain the Queen-mother to engage the generality of the People of England to retard the relieving of Ireland to admit divers of the Popish Irish Murtherers and Rebels into his Army to call our English Forces sent to relieve the poor distressed Protestants of Ireland out of that Nation and employ them against the Parliament of England to suffer some of the Heads of the Irish Rebels to be so near his Person to endeavour to bring in the Duke of Lorrain with his Forces into this Nation to contract with the Irish Rebels upon condition to enjoy their Religion to furnish him with Ten thousand Irish Rebels to strengthen his party in England with divers other acts like unto these is conceived to be not only inconsistent with but plainly destructive of the English Protestant Interest And if this be true it must needs be so Yet it might be said that the King endeavoured to maintain his own regal Power the Episcopacy and Liturgy established by Law and that he did not oppose the Parliament but a seditious party in the Parliament and other Sectaries whose principles were destructive both of all civil and also Ecclesiastical Government and without the judgment of able Lawyers and learned Divines he did not undertake the War either against Scotland or England or any other It 's true that of those who adhered to the King and liked not the Parliaments proceeding there were some consciencious persons who judged the King an absolute Monarch and did not like many things done by that party yet they thought it the Duty of Subjects to suffer and that it was no ways lawful to resist But the Casuists say That Ignorantia excusat a tanto non a toto their Ignorance might make their Crime less yet no ways free them from all Guilt It was not Invincible they might easily have known that the King of Enland was no absolute Monarch seeing he could not impose any Subsidy upon the Subject nor make or repeal a Law without the Parliament neither could he by his Letters or personal Command revoke the Judgment of any Court. And though they might be Civilians or read Foreign Writers which take our Kings for absolute Sovereigns yet no ancient Lawyers no Parliaments did declare them to be such Nay they might have known that they themselves obeying the King 's personal Commands disobeyed him as King and that serving him in the Wars they were guilty of High Treason against the Kingdom and against the King's Crown and Dignity Of these Royalists some have been high and cruel against their Brethren the Parliamenteers and have censured them
gathered out of every Nation This can be none of Mr. Parker's Congregation section 6 His third Argument is taken from Matthew 17.18 and from 1 Cor. 5. In the first place 1. Christ saith Tell the Church 2. This Church is the primary subject of the power of the Keys But 3. He doth not say this Church is Congregational in his sense neither can any wit of man prove it out of that place 4. The word Church in that place is indefinite and signifies first a Christian community without any determination of the number of persons greater or less 5. Though this Community and whole Body be principally meant yet it s here signified as exercising her judicial power by her Representatives who may easily meet in one place when the whole Body cannot and that place may be capacious enough to receive them yet far too narrow to contain the whole Church and all the Members and every one of them represented in that place As for 1 Cor. 5.4 which is the second place quoted by him he argues from these words when ye are gathered together that a Church is a Congregation consisting of so many as ordinarily meet in one place Answ. 1. It 's granted that according to the Apostles directions the incestuous person must be Excommunicated in a publick Assembly of persons meeting in one place But 2. The Church may assemble personally or virtually in their own persons or by and in their Representatives That this Church did meet virtually in her Representatives at least no Man can doubt but that all and every one of that Church were personally present in that Assembly no man can prove for it was a meeting as he confesseth for the Exercise of power of Jurisdiction 3. Suppose all the Church of Corinth could and did meet in that Assembly how will it follow that every other Church as that of Jerusalem could do so to or that if any Church was so numerous that they could not ordinarily meet but in several places will it follow that therefore it could not be the primary subject of this power But something more to this hereafter section 7 To reserve his fourth Argument to the last I proceed unto his fifth which is drawn from Communion in Word Prayer Sacraments and his sixth in watching one over another In that of Communion he confounds Worship and the Exercise of Discipline which are two very different things and also he grosly equivocates in the matter of identity which even fresh-men know to be three-fold in genere specie numero For he conceives there can be no Communion but amongst those who meet in one place to exercise those heavenly duties Answ. 1. It 's true that if the number of persons in one Church exceed they cannot all be edified and enjoy a sufficient Communion in Worship by one man Officiating at one time in one place where they cannot all assemble But what 's this to purpose It 's nothing to Government Communion in Worship is one thing in Government another The Communion of one particular Church in this latter respect is political and consists in this that they have the same Supream and Independent Judicatory according to certain Laws as they are subject to the same independent Judicatory in the same Precinct Communion in Word Prayer and Sacraments is rather Moral then Political and may be had and is enjoyed many times in many places where there is no external Discipline setled or exercised The end of Word and Prayer is first to make Christians and then to edify them and these are no sooner made and multiplied but they must hear pray participate the Sacraments before any Form of Discipline be instituted and if every one would constantly do his duty in these things both privately and publickly there would be no need of Discipline 2. Whereas he conceiveth that there can be no such Communion and Edification but one and the same individual Assembly he is much mistaken and besides his words are very ambiguous For the better understanding hereof we must know that the end of Communion in Word Prayer Sacraments is Conversion and Edification as before 2. These ends may be attained as well in several Congregations under one Supream Judicatory for Discipline as in one Congregation Independent or several Congregations having their several Supream Judicatories for both of them depend upon the Ministry as Instrumental and upon the Spirit as the principal Agent which caeteris paribus may be as effectual in several Congregations not Independent and every one of them severally as in one though Independent and at the same time And though Discipline may further Edification in a Congregation yet it may be furthered as much when it s Exercised by one Independent Power over several Congregations as when it 's Exercised by one Supream Power of one Congregation over it self Experience doth clearly evince this and might satisfie us But I have wondred at the design of some men who go about to bind Men to the individual participation in the same Ordinances if they will be of the same Church as though that could be no Church where all the Members could not or did not thus individually participate For few of their own Congregations are so ordered as that all the Members Communicate at one time but some at one time before the rest some at another after the rest That which is required of all Christians is no such thing but that they all Worship God both in private and publick according to the same general rules of the Gospel As for mutual watching one over another that 's the duty of all Christians as Christians and as fellow Subjects and Brethren under the same God and Lord Jesus Christ though there never were any Discipline setled And this is done far better by them who cohabit and constantly or for the most part converse one with another then by them who live ten twenty thirty miles distant one from another as some of the Congregationals do nay Members of one and the same Congregation bound to this watching one over another live one at London another at York one in Ireland another in Scotland and their Pastour and most of their Brethren in England section 8 To return unto his fourth Argument from the form of Apostolical Churches as of Jerusalem Antioch Ephesus Corinth c. which is the same which the dissenting Brethren insisted upon in the Assembly I might refer him and them to what the Assembly hath Learnedly answered The Argument is to this purpose The first Apostolical Churches were only Congregational yet the primary subject of the power of the Keys Therefore all other Churches should be Congregational and as such they are the primary subject of the power of the Keys Whether this be that which is intended let every one judge who is acquainted with the Controversie The Argument is that of induction taken from example That which they assume as clear out of Scripture to them is that all and