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A62890 The rebels plea, or, Mr. Baxters judgment concerning the late wars in these particulars : viz. the originall of government, coordinate and legislative power in the two Houses, third estate, force upon the Houses in 1642, principles the Houses went by at the beginning, destructive to monarchy, covenant, reasons for submitting to the late government. Tomkins, Thomas, 1637?-1675. 1660 (1660) Wing T1838; ESTC R32811 35,816 50

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us That the late King was the troubler of England ●s Achan was of Israel subjoyning It was the Lord that troubled Achan because he troubled Israel Oh that in this our State Physitians would resemble God to cut of those from the Land who have distempered it Melius est ut pereat VNVS quam Vnitas In the same Sermon Men wh●ly under the guilt of much innocent blood are not meet pers●us to be at peace with till all the guilt of blood be expiated or avenged either by the sword of the law or the la● of the sword The Independents 〈◊〉 themselves out of the Presbyterians principles and practises G●odw defence p● 94. The Ministers of London themselves and the Church of Scotland Charge him being the greatest Delinquent guilty of the blood of hundreds of thousands of Protestants the blood●est man under heaven He was summoned and Arraigned in the sight of God and his people curst and 〈…〉 worse than any 〈◊〉 or 〈…〉 exhortation to curse all those in the name of God that made not War a●gainst him as bitterly as Meroz was to be 〈◊〉 that went not out against the Canaanitish King Almost in all the Sermons Prayers of seven years He was called Opprobium generis humani The most bloody monster and miscreant under heaven That I am so civill 〈◊〉 to spare names I might use in this argument I hope will procure thus much that Mr. Baxter if he thinks fit to reply will do it fairely and calmely However my advantage is not quite lost but remains still to be used at pleasure over persons he very much esteems and for their sakes I believe I shall fare the better That they preached against putting the King to death the Presbyterian Ministers urge strongly and with much applause 〈◊〉 themselves though indeed it signifies as much as just nothing the reason is clear while the Parliament Declared and the Army fought for Presbytery and the King opposed it none were more vehement obstructers of all the designes tending to his restitution then the Ministers for so long they had hopes by that means that all the Lands Power of the Bishops Deans and Chapters the best Parsonages should be divided among them But when the Independents out-witted them and seemed to have perfectly learned their lesson they taught them of declaiming against something as an humane invention in the form of worship of those whose lands they longed for then and not till then they would have been content to have joyned with the King against that Army themselves had joyned with and raised against the King When the Votes no further Addresse were first passed by men they had hopes of which of them then abhominated the dethroning of their Prince I shall make this quere if it be not absu●d in so clear a matter to make a quere Whether if the Parliament and Army had joyned together as one man to set up high Presbytery divided the Church lands among them and the King had refused to yeeld his assent to such illegall Acts they would have pleaded the Covenant in his behalf and thus loudly talked for his restitution to his Authority let their friends speak That upon such terms as they pleased they would restore him is no more then the very Army would have done who after the Sentence passed came and offered him conditions They merit the lesse by their last appearing as they call it for the King in as much as in that juncture of affaires it seemed very unlikely they should-subsist without him The Cove●ant were exploded every where the Army called it a Carnal thing the Sectaries in the City said it was a thing ridiculous to unhorse Episcopacy and set Presbytery in the Saddle to be rid of my Lord Bishop and doe twice the homage to Sr. John Presbyter their own arguments were retorted upon them the Apostles were not Lord Bishops shew where they had their thousands per annum changed into the Apostles were not Parochial Ministers shew where they had tythes that at such a time as this they would have been content to have been maintained by the Common Enemy against their best friends is what they think highly obliging This was that great piece of Loyalty they would have had the King saved when it was the onely way to save themselves A King Deposed is surely not looked upon as a King by those who depose them now if imprisoning passing Votes of no further Addresse doth not depose a King I would fain know what doth Being in that condition and guilty of so much blood as they all along declared him to be when those words of the Covenant of Bringing all Delinquents to justice without respect of Persons should have come to be considered How much further they might have proceeded had not the power been snatched out of their hands by their Servants as themselves had done to their Master I leave to their past words and works to declare They did indeed recall those Votes of no Addresse and Treated with the King but it was when they could no otherwise be rid of the Army but by joyning with the King and Nation against them and even then they so perplexed the King and protracted time with terms and punctilio's of procedure and were so dissatisfied with whatever the King offered whilest they had the shadow of any power that the Army had opportunity to break off that Treaty the Houses would not end That part of the Covenant that concerns the Priviledge of Parliament Mr. Baxter and his side are very confident they have inviolably observed let us and them consider what was before said of the Tumults and the Scots Army the affronting and assaulting the Bishops and other Lords the posting up of the dissenting Members names of both Houses and which is above all their illegall turning men out for having a hand in some Patent Monopoly or other which they might as well have done for having been guilty of any fault having red Hair or a Roman Nose which action whether it did not null all their proceedings eo ipso as making it no House by fecl●ding men fairely elected some make a very great question Before I take the Covenant I shall make this one not unreasonable request that I might know the Priviledges of Parliament first and swear to them afterwards one example may not be tedious On the 3d. of January 1641. It was declared To offer to Arrest or detain any member without first acquainting the House is a breach of Priviledge Ex. Coll. p. 35. The palpable absurdity of this Doctrine being discovered by the King in one of his Declarations and other Treatises in Novemb. ● 1642. They declare they ●ave no such priviledge but that any Minister of Iustice may Arrest a Member without order from the House and detain him in custody till be may be brought to parliament Whereas I represented the Covenanters to be pernicious enemies to every Government their dealings with our late Tyrants force me to retract
is required to repeal a law will by this time I hope be a small argument of their partitipation of the Soveraignty sure I am the Monarchs of the East were as much limitted the laws of the Meades and Persians which change not at the pleasure of the King the Scripture mentions even those Princes were sworn to observe the Laws Ahasuerus could not revoke the Decree against the Jews nor Darius though he passionately desired it of his Nobles save Daniel Dan. 6. He that would affirm that to be a mixt Monarchy or that those Nobles or any else were sharers in the Government to say no more would bring a new Doctrine into the world The next Objection is in short this In a Declaration set forth in the Kings name It is acknowledged that the King Lords and Commons make the three Estates and the ballance must hang even between them c. To which I shall briefly say this it were to the purpose if it could be proved that the King Lords and Commons make the three Estates But the truth is the Lords Spiritual Temporal and Commons are the three Estates not to repeat many In the Act of Recognition of Queen Elizabeth We your most loving faithfull and obedient Subjects representing the Three Estates of this Realme which evidently shews the Queen was not esteemed one Anno 8. Eliz. cap. 1. The Clergy being one of the greatest Estates of this Realm it is clear therefore that by the law the Clergy is one estate So when Hen. 5. Funerals were ended The Three Estates did assemble and acknowledge his ●on King For their right of being the thrid Estate unanswerably acknowledged by Parliament it might admit a debate whether any two Estates may conspire to Vote out the third sure if the Commons had been so served Mr. Baxter would have resolved it in the Negative How comes it to passe that that part of Magna Charta which relates to the Clergy should be lesse significant then any other To the Kings Concession to that illegall Bill I onely say this The law takes no notice of an Act but when it is by the assent of the Three Estates nor could the Lay Lords and Commons disoblige the King from his Oath made to the Spiritually there being a particular clause besides the general for securing the Liberty of the Nation In the Coronation Oath for the Rights and Priviledges of the Church nothing but the Church could give them away if yet the Church it self could For it is a thing generally granted that a generall representative cannot cancel Obligations to particular Bodies which truth in any other instance people will acknowledge The House of Commons are the Representative of all the Commons of this Land the City of London hath her Burgesses there If they upon this fancy of involving each ones consent and so doing injury to none should Vote the City paid the money they borrowed of them I believe every one would quickly discover the fallacy of that Plea and explode it as illegall sinfull and rediculous the other case is much harder London is the greatest City the Clergy is one of the greatest Estates in the Nation according to 8. Eliz. cap. 1. London hath some at least that there represent her whereas the Clergy hath not so much as one He saw the impossibility of the Bishops fitting there their Persons and Friends assaulted themselves like to be murthered by the rabble see Bishop Halls Narrative before his last works the Lords making an Order to suppresse the tumults the Commons not concurring but encouraging them the Bils severall times thrown out of the House of Peeres and brought in the same Session contrary to all Order of Parliament considering which I will say onely this Let any man consider in what a condition the Kings Majesty was in then how injurious to himself to one of the greatest Estates of this Realm according to 8. Eliz. that grant was how contrary to Magna harta to the Rights of the Church by Law and his Majesties Oath so much provided for he will easily finde the Kings consent to be extorted and null If I should upon their Protestation against all Acts passed during their forced absence it would not be easily answered Having now shewed the Clergy to make the third Estate which is as much as the King hath been allowed to be of late the main Argument of coordination is thereby removed I will adde but this The Oath of Supremacy asserts the King to be the sole supream Governour and therefore sure the two Houses are not coparceners It is declared in Anno 16. R. 2. c. 5. The Crown of England hath 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 no other And again The Realm of England is an Empire governed by One Supream head and King having the dignity an Royall Estate of the Imperiall Crown of the same 24. H. 8. c. 12. unto whom a Body Politick compact of all sorts and degrees of people in terms and by names of Spiritually and Temporalty been bounden and ought to bear next to God a natural and humble obedience This Body Politick consisting of all sorts and degrees divided into terms and by names of Spiritualty and Temporalty must necessarily be the Parliament there being no other body capable of that appellation and description which here acknowledgeth as such a body it self subject and him Supream The next is a large quotation out of Grotius in Latine that in some cases it is lawfull to resist but they reach not the present Question the first concerns not Supream Magistrates but such things as Sparta had the second none at all the third If the King aliens the Kingdome which sure was not our case fourthly If the King apparently designes the destruction of the whole people I will not wrong the King so much as to endeavour to clear him from that fifthly If there is such a clause c. If the King doth this or that the Subjects are absolved from their Oath produce such a clause and shew how the King broke his Trust Sixth If there is a division of Supremacy and the King encroaches he may beso far resisted I shall make it out the Houses encroached upon him as I have sufficiently evinced the vanity of a coordination In these cases Grotius thinks they who at their entring into society contracted for themselves and posterity intended not to obliege them so far as to dy rather then resist nisi forte cum hoc additamento si resi●ti nequeat nisicum maximâ reip perturbatione aut exitio plurimorum ●●nocentium unlesse by resisting they mightily disturbe the Common wealth or destroy many innocents that being the Parliaments case nothing in Grotius can acquit them from the sin of Rebellion to their Soveraign and the duty of restitution to the Subjects they injured And here are the female and
mechanick Readers amused with that venerable name when in all these cases there is but one that looks toward the Sub●ect and that too upon the groundlesse fancy of divi●ion of Supremacy and with an exception that reaches the Case The Laws in England are above the King because not his Acts alone Whose Acts the Laws are hath been above discussed the consequences of this Proposition I understand not because he hath not done us the favour as to let us know its meaning if it is not more then the words signifie that the King ought to rule according to Law and cannot abrogate Laws at pleasure the King asserted it in all his Declarations In the exactest Monarchies I have shewed there were laws which the Kings were obliged by might they therefore be resisted if they broke them Let us blot then all the precepts of Obedience and Submission out of the Bible as things sit for that pusillanimous if not crafty age And let that patience of the Primitive Christians which made their persecutors admire and love be thought want of opportunity not desire of revenge The King was to execute judgement by his Iudges in his Court of Iustice and his Parliaments was his highest Court By the Parliament meaning the two Houses they are no Court of Judicature the House of Commons have nothing that looks like a Court of Judicature not the power of administring an Oath not the power of Imprisoning any but their own Members notwithstanding the contrary proceedings of those tender Gentlemen of the Liberty of the Subject the Members of the long-Parliament whose Committees could contrary to law imprison men and deny them their Habeas Corpus The House of Lord it is true is a Court of Judicature but that is as they are the Court of the Kings Barons whose judgment is but ministerial and not soveraign as appears in this that though they have power to reverse the Sentence of other Courts yet they cannot reverse their own judgment a clear argument their Authority is not sovera●gn whose judgement cannot be so far restrained no not by it self For the two Houses joyned together as the ingenious Author of the Case of our Affaires demonstrates they cannot so unite or conjoyn as to be an entire Court either of soveraign as ministeriall Jurisdict●on no otherwise cooperating then by concurrence of Votes in their severall Houses for preparing matters in order to an Act and his Argument is very good which when they have done they are so far from having any legall Authority in the State as that in law there is no stile or or form of their joynt acts nor doth the law so much as take notice of them untill they have the Royall Assent Should it be granted they were yet it is as evident there was a force upon the House then as there was in 1648. ●o that neither the House was full or free first for the Commons a very great number of persons fairly elected kept out upon pretence they had some Project Patent or Monoply and kept in Sr. Henry Mildmay Mr. Lawrence Whitaker the first the chief promoter and notoriously known to be so of the businesse of the gold and silver thred a Commission complained of viewed and examined the other as much employed in matters of that nature as any man but they voted as that party would have them Secondly Severall members of their party sate in the House against the consent of the Burroughs they pretended to serve for when such men were concerned and complaints made all the answer the honest elected Gentlemen could get was questions about Elections were of 〈◊〉 private a nature to be considered and would interrupt their proceedings too much If the Election of any such persons hath been heard at the Committee and they voted out of the House as unduely chosen that report must not be made whereby a good member may be lost as in the case of Mr. Nichols Mr. Pyms Nephew and others Thirdly The Scots Army was not suffered to disband that they might awe the King and dissenting members and Mr. Strode blushed not to say openly They could not yet spare them the sons of Zerviah were too hard for them Though the Bishops and Popish Lords had a Legal Right then at least to sit yet they invited tumults to cry No Bishops no popish Lords Nay made a stand at White-hall and said They would have 〈◊〉 more Porters lodge but would speake with the King when they pleased Proof was offered against that Captain who conducted the Rabble and sollicited them to come with Swords and Pistols yet he was not suffered to be brought to answer the intollerable violence upon the members of both Houses The Bishops were threatned to be pulled in pieces as they came from the House they were faine to steale away for feare of their lives see Bishop Hall's Narrative before his last Work The Lords made an Order to suppresse the Tumults but the Commons would not concurr Severall speeches were made in their Justification They must not discourage their friends this being a time they must makeuse of all their friends Mr. Pym saying God forbid the house of Commons should proceed in any way to dishearten the people to obtain their just desire in such a way Were not the names of these Gentlemen that voted not according to the sence of the good members posted up their persons assaulted did not Alderman Pennington Captain Ven brings down armed multitudes to terrify the members when the worser party as they call it were like to prevaile That the liberty of the house of Peers was no better preserved the arguments are too numerous Mr. Pym could tell the Earle of Do●er if he looked for any preferment he must comply with them in their wayes Mr Hollu demanded publickly 〈◊〉 the Bar the names of those Lords who would not consent to some propositions concerning the Militia sent by the Commons they got multitudes to deliver Petitions to both houses and to desire leave that they might protest against those Lords-who would not agree to the Votes of the House of Commons as the Petition of Surrey Harfordshire In this Petition of the poor people about London against the Malignant faction it was desired that those worthies of the Upper house who concurred with them in their happy Votes might sit and Vote in the House of Commons as one entire house professing that unlesse obstructions were removed They should be enforced to lay hold on the next remedy which was at hand to remove the disturbers of the peace 5. The four next Sections amount to this Our Rights were evidently invaded Ship money the new Oath against Law men punished for preaching Lectures twice on the Lords day The Parliament remonstrated our danger we had reason to beleeve them there was a generall endeavour to change the face of things among us many new orders brought into the Church abundance of painfull though peacable preachers cast out ignorant scandalous readers
part of that Assertion or at least explain it so as to be intended onely of lawfull ones For to Usurpers they have shewed themselves friends and true Subjects They will not molest their Prince no not for their Covenant provided he hath but a bad Title let them see right trampled upon they are contented they ask no more The reasons of which prodigious dealing are these I am bound in Conscience to submit to the present Government first because a full and free Parliament ●at● owned it which is notoriously the consent of the people which is the evidence former Princes had to justifie their BEST TITLES Absurd absurb absurd And it is the opinion of Grotius upon Mat. 22. 20. That private men are not judges of the Controvertible Titles of Princes And Christ commanded to give 〈…〉 was in 〈◊〉 The 〈◊〉 Assertion that the consent of Parliaments was former Princes best Title hath in it I know not whether more of non-sense than treason it sounds certainly strange in the ears of English-men who have been hitherto told that there was no interregnum here the death of the former Prince being all that was required to compleat the title of the latter whom no act no not an Attainder in Parliament could debar from his Throne the Parliament deriving its Authority from the Writ of the Prince without Authority from whom as King already they could not have met ●ut here by the glorious name of Parliament he means onely the House of Commons the Other House being not at all elected by the People and so not involving their consents Now that the House of Commons may give away the Heire of the Crown and all the Peers native Rights to whom they please even the meanest and most wicked Varlets is one of their very New Priviledges But Christ bad us pay tribute to Caesar because he was in Possession Between which Case and ours there is this difference There the lawfull Magistrate receded from his Right which in our Case was not done The Romans title to that being not as in most other places meer Conquest but dedition Aristobulus the younger brother getting possession by wrong Hircanu● the elder parted with his Right to the Romans on condition they would conquer it by their Armes He chose rather by their help to rule as a Deputy of theirs then to keep a more noble title he had no likelihood ever to enjoy see Dr. Hammond on the place The Romanes then had the right of him who had the very right the onely remaining difficulty is how C●sar came to have the right of the Romanes which notoriously was in the ●●nate and People To which I say this The Senate and people upon what inducement it concerns me not to enquire at present laid down their claim parted with their power submitted to and acknowledged the Emperours to be their very good Lords Pusillanimously I must confesse and their own Historians proclaim it but quilibet post credere juri su● If they parted with their right to C●sar then C●sar ●ad it King Charls never did so and Res inter alios a●●a 〈…〉 debet I may now confidently say this example reacheth not the question but if it did paying necessary Tribute is one thing writing fine daintily fi●e canting Epistles is another but this I will not at present urge because Mr. Baxter shall not say I endeavour to disgrace him but onely commend his or his friends discretion that one of his Prefaces viz. that before his book of Church Government is very rarely to be met with of late times This argument tempts me to put this one question by what name are those Ministers of this Nation to be known that had rather Richard Cromwel should have raigned then King Charls● I have now gone over so much of Mr. Ba●ters Books as seemed in any degree argumentative I have left out much which I might pertinently and truly have urged because I would not mention any thing which might seem exasperating For I could heartily wish the Parliament could passe such an act of Oblivion that all that is past may be not only pardoned but forgot There hath certainly so much of folly as well as impiety been seen in our late Proceedings that it were much for the credit of this present age if posterity would give as little credit to those who tell them these things were so as we fools did to those wise and honest men who time enough before hand told us they would be so If any thing in these papers seem offensive though I have taken all possible care nothing should to some men who think the onely way to secure their honour and innocence is to be angry I do assure them the rubbing upon the sore places was not to hinder the healing or to vex and inflame the distempred parts but onely to free them from that errour of taking themselves to be whole already If any thing here may be of use to any reader I shall think my pains well bestowed however I shall at any time gladly hazard mor● then alittle labour in the service of that cause I plead for FINIS Errata