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judgement_n court_n king_n writ_n 2,416 5 9.3359 5 true
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A96074 The constant man's character. Intended to be sent first as a letter from a gentleman in the country, to a gentlemen his esteemed friend and countryman, a Member of the House of Commons. Since inlarged into a discourse by way of humble advice to keep him from revolting, either directly or collaterally by the side-winde of being Presbyterially affected, through the mistaken and unhappy conceit, that those who have taken the Covenant, cannot without breach of the same, assent and submit unto the late proceedings of the Parliament, when as the parts of the Covenant seem to be inconsistent within themselves, as the author's observations here discoursed do manifest. The scope whereof is 1 Historically to set down the occasion and beginnings of the war. ... 4 To prove the fitness and necessity (as matters now stand) of complying with, and submitting unto this present government. For the powers that be are ordained of God, Rom. 13. Together with some animadversions incident hereunto on the same book, and on the two declarations, intituled The declarations of the Lords and Commons assembled in Parliament at Oxford. The one touching a treaty for peace, [the] other concerning their endeavors for peace. Printed there, 1643. S. W. 1650 (1650) Wing W105; Thomason E595_7; ESTC R204161 52,955 81

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to themselves and upon the altering the present state of things Ordain and Act to the laying aside Degrees and Orders heretofore in use They or their successors may when the storm threatned is over the danger of being overcome is past reduce and bring the Government of this Nation the course of Parliaments and other Constitutions into some part of their pristine and former state again Rather the Royalist and Presbyterian seemes to give way to many practices tending to Irreligion c. when as their ill-will and envy are so eager against the opposite Party called Independents that they will rather submit unto and joyn with the Turk or Jew then to be mastered by that Party betwixt whom and one of them there is a kinde of difference no true or real only a notional and imaginary one The King's Parties Envy grows out of being overcome and doth appear from the judgment and censure he hath of them in the punishment had he prevailed he would have condemned them to For of the moderate sort of the Parliament and their Friends he holds them * See the Declarat of the Lords and Commons assembled at Oxford c. printed there 1643 Pag. 24 26 27. unskilful vulgar spirited weak and seduced men for siding with the People as they terme it and their multitudes the eminent and more active sort Traytors Perjured All yea the Neutrals too for not offerring to defend the King c. according to the Oath of Allegiance The Parliament Party having a more moderate and milde judgment of the King 's knowing many of them restless and virulent as yet judging others Mistaken only some of them being led away through Ambition and aspiring thoughts to adhere to the King upon the Proverb of No fishing to the Sea nor service to the Court whereupon the Parliament have accordingly passed by the errors transgressions of the King 's by an easy Mulcting them so that if the judgment at the first had been no worse nor no more erroneously passed against the one then it was against the other Party the War had soon been ended a Peace restored By the King's Party 's large extension of which Oath they may bring many within the compass of Perjury The King being to maintain the Laws c. and bound as a Supream Power to take vengeance on evil doers without which He bears the sword in vain as the Subjects are to their Allegiance the Obligation is reciprocal as the two Houses of Parliament when allowed to be stiled by King Himself a Parliament with an unanimous consent observed in their * See the Message printed with the above-named Declaration dat March 9 1643. message sent unto Him in a few words expressed If the King may dispense with His Oath and that He reckons Himself accomptable to none but God which the Parliament objects as a Maxime Ground for any Tyranny the Enacting Laws is of no value as to the King and how far swearing Allegiance is to the Subject is the question In this only lies the odds upon the event of which Party shall prevaile in this War If the Parliament shall They are notwithstanding subject to the Reproach and Obloquy of slanderous tongues and pens Their Demeanor not free from beeing censured Reviled and Charged with several Crimes as their Accusers please No such salve for them as for the King in case He should have prevailed by what means soever no man should have dared to have questioned His proceedings or the means by which He prevailed in case He had Conquered The wise man asks who shall say that a King is false or wicked and the French Proverb tells us Que la Coronne unifois prinse oste toute sorte de defaults The meaning is when the King shall have regained His former ful and Regall Power the Parliament and theirs then born down His repossessing His Crown shall as well quit all quarels and exceptions and cancel all disputes as it shall clear all manner of faults and Crimes concerning the means how He attained His Conquest The sustance of that Oath even now objected is in these words That the Pope hath no Power either of himself or by any means to depose the King nor Authorize any Forraign Prince to invade or annoy Him to bear Arms against or offer Him violence or hurt That no Declaration Sentence of Excomunication or Deprivation made by the Pope hath Power to absolve any Subject from his Allegiance by reason or colour of any such Sentence or Declaration c. The reason of enjoyning the Oath of Supremacy is expressed in the Preamble of that * See the Statut. 1 mo Eliz. 1. and the Preamble thereof Statute made for taking the same which was therefore done in opposition to Forraign Princes Prelates States and Potentates by reason of great exacted sums which they by their usurping took from the Subjects of this Kingdom so that the Oath of Supremacy concerns the Subject's duty towards the King His Heirs and Successors in their refusing to grant or pay any Tribute of Power to Forraigners but to oppose and resist all such to acknowledg the antient Jurisdictions Superorities and Preheminencies due to the King or His Successors against and in opposition to such usurpings The words and prime sense of the swearer beeing That he will renounce and forsake all Forraign Jurisdictions Superiorities and Authorities thence That he will defend the King His Heirs and Successor's Jurisdiction Authority c. So the Competition for Prehemmency Power c. is betwixt the King His Heirs Successors on the one and Forreigners only on the other part and by reason of such exactions practised by such Forraigners The Royalists to make good this charge of supposed Perjury in breaking the Oath of Supremacy and Allegiance which they cannot unless they gain a Power leave no ways untried no stone unmoved what Wit and Invention can bring in to promote their Industry By all the Artificiall and feigned means they can to keep up their Party as by sowing the Tares of Discord and Sedition amongst the Parliament party and their friends hoping at last to reap themselves the fruit and harvest cunningly and insensibly carrying it on under fair pretences to the Peace and Publique good by their Pamphleters kept it may be thought in pay and pension to magnifie and talk high of their Cause and their good successes to vilifie and depress the Parliament's Theirs to publish and divulge their Falshoods in hope to discourage them and their Friends and knowing that the unstable and unresolved as many men unto whom the Justice of this Quarrell having seemed doubtfull have shewn themselves would fall in unto the stronger side By reporting of their own accord without warrant from the King more indulgently and favourably on His behalf then any of his own actions have declared which insinuatings and reportings in favour unto Him have peradventure powerfully wrought on the unstable wavering in their
engaging for the King to be offenders now for their late submitting to their Compositions for Delinquency for their complying with the Parliaments Votes howbeit thereby they are free from molestation for the future whilest the Parliament maintain and keep up their Power Wherefore it is resolved that an universal Engagement shall be had as a Bond and League to bring all men into one and the same judgement that from an a Mr. Lambard's Eirenarch lib. 1. cap. 2. in in his Tract on K. Edw. 3. His Writ directed to the High Sheriff of Kent for the proclaiming a Peace where he speaks first of uniting mindes then of restraining hands as a means to the Preservation of the Publique Peace Unity of mindes a Restraining of the hands may ensue in order to the setling of a firm and lasting Peace Admit that these Doubts were unquestionable these Dangers so removed and taken away to our best advantage and security that there needed no Engagement or League to bring all men into one and the self same minde yet the constant prejudice and ill-will which the Enemy hath to the Parliament and their Proceedings causeth him with many more of his kinde and spirit to dislike and refuse the Engagement because the Parliament hath enjoyned it and for no other cause then to quarrel with and oppose their Authority The other sort of High Treason wherewith the Parliament stands charged is The making a new b See the Oxford Declaration page 21. Great-Seal counterfeiting the Kings Observe Sir the justness of such Charge The Great-Seal an instrument of State whereby Justice is derived and distributed to the People as the divided Members at Oxford do confess being surreptitiously and vafrously taken away from the Parliament the Representative Body of the People contrary to the Trust reposed in the Keeper of the same the making of a new one cannot be rightly judged Counterfeiting within the meaning of the c 25 Edw 3. Statute Counterfeiting is a close and covert act against the knowledge and privity of a Superior and lawful Power damnified by such Counterfeiting nor is every thing which is made to the mould by which 't is made a simply Counterfeiting The quality of the offence is discerned in the maner of the offending and the making a Law commonly relates to some preterite crime or fraud Now you will believe it is no where to be found upon Record whereon to ground a Law That a King and Parliament have at any time made use of any Great-Seal to cross or thwart each others Actings Many other Accusations of this kinde are charged on them * See the same Declaration pag. 27. as Disturbers of the Peace Authors and Fomentors of this they call Rebell on and what else Malice and Revenge can invent divulge to render Them and their Actions infamous But to return and shew the Royalist his next hopes of prevailing shadowed out even now By attempting to bring in any Forreign Force how wilde or barbarous soever they be how hard to get them out again out of this plentiful and flourishing Kingdom yeelding them all provisions all Habiliments of War to strengthen themselves in This as to provide for their next attempt elswhere after they have destroyed and harassed This not knowing how to distinguish between Presbyterian Independent and Royall Party and this to be driven on by him in an hazardous and uncertain way out of revenge and thirst to regain unto himself his power again long since forfeited through his mistaken Loyalty certainly through his disaffection to his Native Brethren of the same Kingdom or without considering which wise men should that a small Forreign Force unless aided by a discontented Faction here at home will not do the work a great one will destroy and overrun them also which is easie and obvious to every vulgar capacity to foresee for what Forreigner can be thought of to invade this Kingdom whilest the Natives thereof are true unto at unity within themselves If it be objected That the Subjects of This taking up Arms to defend themselves will prove a leading case to the People in other States and Kingdoms to do the like T is answered The Government of This differs from all Forms of Government in other Nations This being no absolute but a limited and mixt Monarchy where the King is as a great a Bracton lib 4. Lawyer takes his Dimension Vniversis minor habet Superiores Deum Legem per quam factus est Rex Curiam scilicet Comites Barones c. The Laws Customs and Constitutions of This are distinct and different from all other Nations in the Christian world others being Free-States simply and absolutely Monarchies or Powers inforcing and conforming all under them to slavery and vassaladge So that if a Forreigner shall attempt to invade This it cannot be deemed he doth it from a sense of a like suffering with the King or to asist Him rather to enrich himself to prey upon the wealth and opulencie of a fruitful and flourishing Kingdom Your last Objection That the Army's most noted b Mr. H. P. Preacher is as you have heard a disguised Jesuite Other the like Falshoods put upon him of late reported which few men besides the reporters do believe and scarsly they If these Objections prove untrue or easily answered the disgrace will recoyle and injure them who lay them on Sir if a man hath a minde to quarrel 't is easie to finde a staffe Your Eminencie and Credit in your Country let in two Inconveniencies A danger to be tempted by the opposite Party to comply and fall in with them when mean and weak men are let alone The other that it will fare with you in your Defection as spots and soiles in fine cloth the finer the cloth the easilier the soiling is discerned in ordinary and course Cloths it is not so No question there are those in several parts of our Neighboring Counties who may instill into your Ears a likelyhood of the King's Party's prevailing upon their prevailing the Dangers whereunto you and the rest of His Enemies are subject also the weakness the often failings the inique or unfit Proceedings of the Parliament in prefering for the present Persons of a lower Degree then ordinary to Places and Offices of Trust when as They were forced thereunto in that men of an higher rank discontented that their side cannot prevaile refuse to bear such Offices In their Fining and Punishing the King's Party for Delinquency although not in so high and severe a way as the King's Party would have Punished Them in case they had prevailed In continuing Taxes and Impositions upon their fellow Subjects for the maintenance of their Power and Army Their Enemies not weighing the exigence and necessities which the Parliament is forced unto but moved by their own prejudice and spleen against the Proceedings of that Court and resolvedly engaged for the King to make such men as you to be of their Party