A Looking-glasse FOR THE PARLIAMENT Wherein they may see the Face of their UNJUST ILLEGALL TREASONOUS and REBELLIOUS PRACTICES 1 Against Almighty GOD 2 Against their KING 3 Against the Fundamentall LAWES of the Kingdome 4 Against their own Oaths and Covenants Argued betwixt Two Learned JUDGES the one remaining an exile beyond the Seas the other a Prisoner for his Allegiance and Fidelity to his KING and COUNTRY Printed in the Eighth yeer of the Parliaments Tyranny and Oppression 1648. To the Reader COURTEOUS READER WHosoever thou art that shalt peruse this insuing Discourse we desire thee to doe it with Candor and without prejudice of opinion before thou hast warily read it seriously consider it and advisedly weighed it and when thou hast so done if thou shalt approve of it practice it if thon doest not let us receive thy modest reproof in writing and informe us better by more learned and infallible Arguments of the truth in those grounds we have laid down to our selves and we shall hold our selves much obliged unto thee and remaine Studious to doe thee good D. I. R. H. Dated Feb. 7. An. D. 1648. A LOOKING GLASSE for the PARLIAMENT IVDGE SIR I Must confesse to you that I doe apprehend that there is a Legislative Power in the Parliament but I take it to be in sensu conjuncto not in sensu diviso in a sense when the KING is joyned to both Houses of Parliament not when he is divided from them either in his Will or Person For neither House by it self or both Houses together have Power to make a Law to binde the Subject without the Royall assent now the Legislative Power is nothing else but a Power to repeal old Lawes or to make new ones that shall binde the Subject neither can the KING by himself repeal any established or make any Law binding to the subject without the preparation or assent of both Houses not joyning with any one House make a Law or Ordinance to binde the other nor repeal any Law whatsoever and I am very confident you cannot shew me an authority in our Laws to the contaary But you will peradventure say That the KING will fully absent himself from both his Houses of Parliament and that thereupon his Power is inherent in and devolved to the Parliament If you should make this objection besides what you will finde hereafter expressed as touching this question the practice of all times shew the contrary for as on the one part if he be personally present with his Parl. yet he may be wilfully absent or absent in his will as if he answer to any bill promoted to him Le Roy sâ—avisera or the King will advise upon it it stands at present for a negation of the bill and thereby it is made incapable that Session to be an Act so on the contrary part if the King be absent from both Houses of Parliament in person hee may be present in his will that is if his person were at York and both Houses sitting at Westminster and they should send him Bills to signe which he should accept of and indorse this upon them Le Roy le Veut or the King wills this is an affirmation of those bills and makes them Acts of Parliament which not only proves that one or both Houses by themselves have not legislative power without the King for as to the making of Lawes they have but a preparatory power to frame and present bills for the Royall signature and approbation but also that if the King bee absent in person from them either willingly or by occasion of necessity his legislative power is not representatively lodged in or devolved unto one or both Houses of Parliament I will agree with that great lover of Parliaments and learned Father of the Law Sir Edward Cooke in the fourth part of his Institutes p. 6. That a Parliament cannot begin or be held but either in the Kings person or by representation By representation two wayes either by a Guardian of England by Letters-patents under the Great Seale when the King is in remotis out of the Realme or by commission under the Great Seale to certaine Lords of Parliament representing the Kings person he being within the Realme by reason of some infirmity so that we hereby conclude that the King is not represented in Parliament of common course but only by speciall Commission in one of these two causes in the first of which cases Edward Duke of Cornewall and Earle of Chester held a Parliament in 24. E. 3. for King Edw. the third And John Duke of Bedford brother and Lieutenant to the King and Guardian of England held a Parliament as Guardian of England in the fifth year of King H. the fifth and in the second case in 3. E. 4. a Parliament was begunne in the presence of the King and prorogued untill a further day And when William Arch-bishop of York the Kings Commissary by Letters-patents held the same Parliament and adjourned the same the cause of the said prorogation being because the King was inforced to goe into Glocestershire to represse a Rebellion there so in 28. Eli. Queen Elizabeth by her Commission did by her Letters-patents authorise John Whit gift Arch-bishop of Canterbury William Baron of Burleigh Lord Treasurer and Henry Earle of Darby to begin hold and prorogue a Parliament and this Commission is entred in the Journall booke of the Lords house over which is written Domina Regina representatur per comissionarios viz. That our Lady the Queene is represented by her Commissioners which precedents in both cases plainely prove that the King is not of course representatively in Parliament nor his power lodged there but by his speciall Commissions or Letters Patents which may suffice as to this point but for those parts of your motives that the power of both Houses is above the Kings you shall find answered unto hereafter And whereas you write that the Scots have delivered up the King and that he is a Prisoner and his Person at their disposition that the City and Parliament are united that the whole strength of the Kingdome is in their hands that Bishops will be rooted out their Lands sold and Presbyterian government setled which I conceive you alledge as arguments to perswade me to compound and take the Oathes you mention these are rather arguments of force and fraude by all zealous lovers of honour Justice and Piety to be resisted and withstood then of truth and reason tobe submittd unto and looke more like arguments of Sutors Hill then Westminster Hall but if you lay them before me as perswasions of feare and terrour I answer you in the words of King David that you may see how vaine these conceits are Psal. 2. The Princes of the earth stand up and take councell against the Lord and against his Anoynted saying Let us breake their bonds asunder and cast away their cords from us he that dwelleth in Heaven shall laugh them to scorne
the Lord shall have them in derision he shall bruise them with a Rod of Iron and breake them in peeces like a Potters Vessell Be wise now therefore O yee Princes be learned O yee that are Judges of the Earth What though many Oxâ—n are come about the King and fat Bulls of Rasan have closed him in on every side that gape upon him with their mouthes as if they were ramping and roaring Lions was not this good King Davids case Psal. 22. 12. was not he hunted after by Saul to destroy his life as a man hunteth after a Partridge in the Mountaines 1 Sam. 26. 20. did not his enemies lie waiting in his way on every side turning their eyes downe to the ground Like as a Lion that is greedy of his prey and as it were a Lions Whelpe lucking in secret places Psal. 17. 11. 12. They spake against him with false tongues compassed him about with words of hatred fought against him without a cause Psal. 109. 3. And Davids enemies kept him Prisoner too as out King is for they compassed him about Psal. 140. 9. Nay he complaines more heavily they that hate me without a cause are more then the haires of mine head they that are mine enemies and would destroy me guiltlesse are mighty Psal. 69. 4. Yet what of all this Are not there many promises held forth in the holy Scriptures to us that may assure a man of the smallest faith that the King shall be reestablished in his Throne and his enemies confounded for David assures us there is verily a reward for the righteous Doubtlesse there is a God in Heaven that judgeth in the earth Psal. 58. 11. and Psal. 9. The Lord is knowne by executing judgement the wicked shall be shared in the works of their owne hands for the poore shall not be alwaies forgotten the hope of the afflicted shall not perish for ever and to prove this he affirmes by way of evidence Psa. 27. 2. When the wicked even mine enemies and my foes came upon me to eate up my flesh they stumbled and fell and Psal. 30. He shewes his deliverance by his thanksgiving in these words I will magnifie thee O Lord for thou hast set me up and not made my foes to triumph over me thou hast turned my heavinesse into joy thou hast put off my sackcloth and giâ—ded me with gladnesse How then can I dispaire of our Kings deliverance and victory I hope I may without offence say that I beleeve our King is a parallell to David in his vertues and the justice of his Cause and therefore shall with David Psal. 21. conclude this point The King shall rejoyce in thy strength O Lord exceeding glad shall he be of thy salvation thou shalt give him his hearts desire and wilt not deny him the request of his lips and why Because the King putteth his trust in the Lord and in the mercy of the most highest he shall not miscarry And for the latter part of your Argument which is that either the King will signe the Propositions and so mine estate will be confiscated or if he doe not the Parliament will doe it by their Ordinances without him I answer that I feare not his Majesties consent to give away the estates of his Loyall Subjects but if he be a Prisoner as you signifie unto me by your letters that he is I feare not much that his assent to the Propositions can take away mine estate neither doe I hold it a peece of wisdome to presse his consent perdures to such Propositions for you that are learned in the Lawes know that such consent is not any way binding at all amongst common persons a fortiori in the Kings cause And for their disposing of mine estate by Ordinance without the Kings consent I must deale plainely with you it terrifieth me not at all for I am cleerely of opinion that no Ordinance without the Kings consent is binding to the people or can alter any property that I have in mine estate by the Fundamentall Lawes of the Land And if the King should consent to such an Ordinance it were onely binding till the first Sessions of the next Parliament and then to dye of it selfe if not againe revived which if I thought you doubted of I would take the paines to cleare it by citing you authorities sufficient in the point whereupon I doubt not but you wil infer that there can be no good assurance or sale made of the Bishops lands by Ordinance without the Kings Royall and personall assent nor that both or either House of Parliament can dispose of his Royall person by any Law of the Land and I hope God will never permit them to dispose of him otherwise then to re-establish him in his Throne againe and invest him with all his Royall powers and interests which by the knowne Lawes of the Land are due unto him and to make him a glorious King according to their severall Declarations Protestations oaths of Supremacie and Allegiance and according to their solemne League and Covenant all which Protestations Oaths and Covenants every Member of both Houses either by the Lawes or by their owne Orders hath or ought to take Now as concerning the Covenant if I understand it aright the principall ends of it are the setling of Presbyterian government in the Church the extirpation of Episcopacy the right and priviledges of Parliament the preservation of the Kings Majesties person and authority which is qualified with a clause of equivocation viz. in the maintenance of the true Religion and liberties of the Kingdome to bring Incendiaries and malignants or evill instruments to condigne punishment and lastly to assist and defend all those that joyn in that League and Covenant to the ends and purposes aforesaid These being the ends of the Covenant it is expedient that I should consider whether it be lawfull to take any Covenant tending to these ends for I will not dispute the legality or illegality of taking of Covenants in generall but whether without my King and his confirmation I may make any Covenant at all with any sort of people in this Land especially to abrogate any knowne and established Law of the Land Now to pull downe that government of Episcopacy which is established by divers acts of Parliament in this Kingdome to set up Presbyterian by force of Armes which is inconsistent with the Laws and Statutes of this Realme and without the Kings consent who by his office of divine appointment is the nursing father of the Church as Isaiah 49. 22. and by the Statutes of this Land acknowledged to be supreame Moderator and governour of the Church and Kingdome as hereafter is more at large declared I very much doubt and scruple whether I may doe it and the rather for this cause for feare lest joyning in an unlawfull Covenant haply I be found to fight against God as it was said in the case of the Apostles Act. 5. 30. for if I enter into
not directly nor indirectly adhere unto or willingly assist the King in this warre or in this cause against the Parliament nor any forces raised against the two Houses of Parliament in this cause or war And I do likewise sweare that my comming and submitting my selfe under the power and protection of the Parliament is without any manner of designe whatsoever to the prejudice or proceeding of this present Parliament and without the direction privity and advice of the King or any of his Councell or Officers other then what I have now made knowne So helpe me God and the Contents of this book I am much scrupled in my judgement and conscience whether it be not both against the Law and word of God against the Law of Nature against the setled knowne established and unrepealed Laws of this Kingdome against the Law of reason and against all reason conscience honour and pollicy either to take it or require it First this Negative Oath seems to me to be opposite to the word of God in restraining me from the performance and execution of a duâ—y to my King which by the Law and Word of God I am enjoyned to discharge towards him By me Kings reigne saith God Prov. 8. 15. therefore I cannot doubt of the lawfulnesse of their calling and that they are of divine right and institution the blessed Spirit of God speaking in Solomon Prov. 24. 2. Solomon exhorts his sonne that is every childe of God in these words My sonne feare God and the King and meddle not with them that are given to change or as some Translations have it that are seditious Here the Holy Ghost joynes God and the King under one feare or under one precept as if hee should say to feare the King is to feare God and unlesse thou fearest the King thou canst not feare God this is no unsound or improper inference for it is the will of God that thou shouldest feare the King wich will if thou performe not thou canst not be said to feare God Now feare in this place is only taken for subjection and obedience and this duty of thy obedience and subjection is as properly belonging unto the King as thy feare is to God which our most blessed Saviour Jesus Christ expresly declareth Matth. 22. 23. in these words Give unto Caesar those things that are Caesars and to God those things that are Gods and though the question were there only concerning Tribute and asked of the Pharisees and Herodians which were not naturall subjects to Cesar but onely brought under by conquest and force yet our Saviour exhorts the Jewes and Herodians to performe subjection to Caesar in paying the tribute due to him as well as to perform their duties towards God which saying of his though the wicked Jews thought to entrap him by the question yet could they not reprove it before the people because they were convinced of the truth of it by the light of nature having not faith to perceive the divine right that was couched in it and therefore they marvelled at his answer and held their peace as it is recorded Luke 20. 26. And though our blessed Saviour might have challenged an exemption from the payment of tribute as being free yet because he would not offend Caesar he caused Peter to pay tribute for them both as we may read Math. 7. 26. 27. St. Peter writing unto the strangers that dwelt in Pontus Gallatia Cappadocia Asia and Bithynia who were at that time under the dominion of the Roman Empire only by reason of their aboad and so owed but locall allegiance to Caesar exhorts them that they should submit themselves unto all manner of ordinance of man for the Lords sake whether it be unto the King as unto the superiour or unto governours as unto those that are sent of him for the punishment of evill doers and for the praise of them that do wel for so is the will of God that by weldoing ye may put to silence the ignorance of the foolish men 1 Pet. 2. 15. where we are to understand by the way that according to the Geneva notes upon that place by this word ordinance is meant the framing and ordering of the Civill government which the Apostle calleth the ordinance of men not because men invented it but because it is proper to men to exercise upon which place of the Apostle there are these things observable First that wee ought to submit to the King as superiour Secondly that where a government is Monarchicall as in England governours are sent by him and by him only for if governours had been to have been sent by any other the Apostle writing by the Spirit of God if their calling had been lawfull would not have omitted to have instructed those strangers to performe subjection and obedience to them Thirdly that it is the will of God that wee should submit our selves to the King as superiour Fourthly That in so doing wee doe well And fifthly That in doing this well we shall put to silence the ignorance of the foolish men that is to say of such who hold that subjection and obedience belongs not to Kings or such that seeke to withdraw us from ours wherefore as St. Paul saith Rom. 13. 5. we must be subject not because of wrath only or for feare of punishment but also for conscience sake for this cause wee ought to pay tribute to whom wee owe our tribute custome to whom custome feare to whom feare honour to whom honour is due in which words St. Paul coupleth together the whole duty of subjection and obedience which we owe to our King tribute feare and honour where in the first place we are to consider that St. Paul wrote those precepts to men as free in Christ as our selves and to Romans men of as much learning courage and warlike imployments as were any at that time or since in the world and men who not long before were brought from the subjection of a popular state to the obedience of a sole and sovereigne Monarchy neither must we forget that these percepts were written in the time of that heathen Emperour Nero which then ruled over the Romans and the most bloody tyrannous and persecuting Tyrant and enemy to the Church of Christ that ever was before or since his time And yet St. Paul tells those Christian Romans they must be subject for conscience sake and his doctrine was true and not without warrant from Gods owne mouth for let a King be never so wicked yet he is Gods ordinance upon us and being Gods Ordinance we are to obey him by his especiall commandement Ieroboam was a wicked Prince and an Idolater and caused Israel to fall away from God and to sacrifice to Idolls yet we finde that God sent Ahijab the Prophet unto him with this message 1 King 14. 7. Goe tell Jeroboam for as much as I have exalted thee from among the people and made thee Prince over my people Israell and God
Lord of the Realme in the statutes made at Gloucester in the sixth yeare of the raigne of King E. 1. King Edw. 1 is acknowledged by the Parliament to bee their soveraigne Lord and so was King Edw. 2. King Edw. 3. King Rich. 2. and all the Kings since by all Parliaments held in their severall raignes as to the studious Reader of the Acts of Parliament made in their severall times will appeare by a Parliament held at Westminster Anno 7. Edw. 1. It is acknowledged to belong to the King through his royall signiory streightly to defend force of armour and all other force against the peace of the kingdome at all times when it shall please him and to punish them which shall do contrary according to the lawes and usages of this Realme and that thereunto they were bound to ayde him as their soveraigne Lord at all seasons when need should be In the raigne of King Edw. 2. The two Spencers Hugh the father and Hugh the sonne to cover the treason hatched in their hearts invented this damnable and damned opinion as it iâ— stiled in Calvines case That homage and oath of legeance was more by reason of the Kings Crowne that is his politique capacity then by reason of the person of the King upon which opinion they inforced execrable and detestable consequeâ—â—s First that if the King do not demeane himselfe by reason in the right of his Crowne the Peers are boundly oath to remove the King Secondly seeing the King could not be removed by suit of law that ought to be done by Aspertee which is as much as to say by force and war Thirdly that his Lieges were bound to governe in ayde of him and in default of him All which opinions were condemned by two Parliaments one held in the raigne of King Edward the second the other in the first yeare of King Edward the third cap. 1. as by the old printed statutes appeares by the statutes of 25. Edw. 3. cap. 2 It is ordained that if a man shall compasse or imagine the death of our soveraigne Lord the King or of my Lady his Queene or of his eldest sonne or if any man levy warre against the King in his Realme or bee adhered to the Kings enemies giving to them ayde or comfort in the Realme or elsewhere c. It shall be judged Treason It is reported to us by Sir Edward Coke in the fourth part of his Institut called The jurisdiction of Courts pag. 52. That Rotâ—lâ— Parliament Anno 17. Edw. 3. num 23. It was then agreed in Parliament that the statute made 15. Edw. 3. should be repealed and lose the name of a statute as contrary to the Lawes and prerogative of the King It appeares Rot. Parlia. 42. num 7. called Lex â—â— consuetudo Parliamenti cited by Sir Edward Coke in the fourth part of his Institutes pag. 13. 14. That the Lords and Commons in full Parliament did declare that they could not assent to any thing in Parliament that tended to the disherison of the King and his Crowne whereunto they were sworne By the statute of 16. Rich. 2. cap. 5. King Richard the second is by the Parliament called their Redoubted soveraigne Lord and the people his liege people and by Parliament in the body of that Act It is acknowledged that the Crowne of England hath beene so free at all times that it hath been in subjection to no Realme but immediately subject to God and to none other in all things touching the regallâ—ty of the same Crownel notwithstanding that afterwards warres was lovyed against him by his subjects and he was against all Law and right deposed or enforced to make a surrender of his Crowne or at least they pretended he did so though some Hystorians doubt whether he ever consented to it being murthered to make way for King Hen. 4. who had very small pretents to the Crowne as men learned in the lawes of this Realme have in all time since held which kind of disposing of the Kings person I hope and beleeve is not meant by them and which horrid act though it gave some present security to some particuler persons that were then active in his destruction yet it cost this kingdome in generall very deare in the expence of blood and treasure in the succeeding times by bloody civill warres wherein the decay of men by those warrs was so great that many judicious Historians are of opinion that the number of men lost in those warres was not recruited or made up by a following progeny till the beginning of King James his raigne and it is to be feared that this blood is not expiated and dryed up in this land The gates of Janus Temple being opened both without the kingdome and within for the space of an hundred yeares and upwards till by Gods great goodnesse there came to be an union of the rights of the two houses of York and Lancaster to the Crowne of England in King Hen. 7. and Queene Elizabeth his wife though that till neare the middle of his raigne the sword was not altogether sheathed but there were some counterfeit pretenders to the Crowne which stirred the unconstant multitude to sundry rebellions which after some time of rest from those civill broyles The King Lords and Commons in Parliament upon full experience and consideration of the troubles past for the prevention of the like in future times thought fit to revive the ancient lawes of the Realme and to declare that by act of Parliament which was and had beene a fundamentall law of the Land and was before part of the common law thereof to enact and declare in the eleventh yeare of the said Kings reigne in the first chapter of the statutes made in Parliament in the said yeare in these words Anno Vndecimo Henrici septimi The King our sovereigne Lord calling to his remembrance the duty of allegiance of his subjects of this Realme and that they by reason of the same are bound to serve their prince and sovereigne Lord for the time being in his warres for the defence of him and the land against every rebellion power and might raised against him and with him to enter and abide in service in battaile if case so require and that for the same service what fortune ever fall by chance in the same battaile against the minde and will of the Prince as in this land sometimes passed hath been seene that it is not reasonable but against all lawes reason and a good conscience that the said subjects going with their sovereigne Lord in Warres attending upon him in his person or being in other places by his commandement within this Land or without any thing should lese or forfeit for doing their true duty and service of allegiance It is therefore ordeyned enacted and established by the King our sovereigne Lord by the advice and assent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by authority of
the bottome of our hearts yield to the divine Majesty all humble thankes and praise not onely for the said unspeakable and inestimable benefits and blessings above mentioned but also that he hath further inriched your highnesse with a most royall progeny of most rare and excellent gifts and forwardnesse and in his goodnesse is like to increase the happy number of them And in most humble and lowly manner doe beseech your most excellent Majesty that as a memoriall to all posterities amongst the Records of your high Court of Parliament for ever to endure of our loyall obedience and hearty and humble affection It may be published and declared in this high Court of Parliament and enacted by authority of the same That we being bounden thereunto both by the lawes of God and man doe Recognise and acknowledge and thereby expresse our unspeakable joyes That immediatly upon the dissolution and decease of Elizabeth late Queene of England the imperiall Crowne of this Realme of England and of all the Kingdomes dominions and rights belonging to the same did by inherent birth-right and lawfull and undoubted succession descend and come to your most excellent Majesty as being lyneally justly and lawfully next and sole Heyre of the blood-royall of this Realme as is aforesaid and that by the goodnesse of God Almighty and lawfull right of descent under one imperial Crown your Majesty is of the Realmes and Kingdomes of England Scotland France and Ireland the most potent and mighty King and by Gods goodnesse more able to protect and governe us your loving subjects in all peace and plenty then any of your noble progenitors and thereunto we most humbly and faithfully doe submit and oblige our selves our heyres and posterities for ever untill the last drop of our bloods be spent And doe beseech your Majesty to accept the same as the first fruits in this high Court of Parliament of our loyalty and faith to your Majesty and your royall progeny and posterity for ever which if your Majesty shall be pleased as an argument of your gracious acceptation to adorne with your Majesties royall assent without which it can neither be compleat and perfect nor remaine to all posterity according to our most humble desires as a memoriall of your princely and tender affection towards us we shall adde this also to the rest of your Majesties unspeakable and inestimable benefits And by the statute of 3. Jaco cap. 4. by which statute the oath of allegiance is injoyned It is declared that if any person shall put in practice to absolve perswade or withdraw any of his Majesties subjects from their obedience to his Majesty his heires or successors or to move them or any of them to promise obedience to any other Prince State or Potentate that then every such person their procurers counsellers ayders and maintainers shall be adjudged Traytors And doe not the Parliament both in the first and third yeare of this King acknowledge King Charles nay even in the petition of Right and in every Parliament since to be their sovereigne Lord Can it then be doubted upon due consideration had of the fore-mentioned Acts of Parliament and the severall declarations made by the Parliaments of all ages that the right of the Crowne is an hereditary right and that King Charles is our lawfull Sovereigne Lord and supreame governour of the Realmes or that allegiance is not due to him from all states of this kingdome and from every one of his subjects within the same Surely no if you thinke that there can be any I desire you will please to returne me the legall reasous of your opinion therein upon consideration had of these Statutes and why the power of both Houses of Parliament is above the Kings neither are the prerogatives afore cited due to him by the acknowledgment recogniscions and declarations of Parliament onely but these are due unto him by the common fundamentall and municipall Lawes of this Realme according to the testimony of the learned Writers of the Law in all ages and by the continuall language and judgements of the Sages of the law in all preceding Kings Reignes since we have had Bookes and reports of the law published For first it appeares by the ancient Treatise called Modus tenendâ— Parliamentum which is a part of the Common law of the Land and as Sir Edward Coke 4. part of his Institutes page 12. observes was made before the Conquest and rehearsed unto King William at his Conquest who approved of the same and according to the forme of it held a Parliament as ti is reported to us in the yeare booke of 21. Ed. 3. fol. 60 that the King is Caput principium finis Parliamenti The King is the head the beginning and the end of the Parliament and by the booke of 21. Hen. 7 fol. 20. it is held that it is no statute if the King assent not to it and that the King may disassent and by Andrew Hornes Booke called the Mirrour of Justices which was written in the time of King Edward the second it is said that they are guilty of perjury that incroach any jurisdictions belonging to the King or â—alsifie their faith due to him Bracton who wrote in the time of King Henry the third a learned Author of the Lawes of England lib. 4. cap. 24 sect. 1. hath these words Rex habet potestatem jurisdictionem super â—mnes qui in Regnosuo sunt ea que sunt jurisdictionis pacis ad nullum pertinent nisi ad Regiam dignitatem habet etiam coertionâ—m â—t delinquentes puniat coerceat The King saith he hath power and jurisdiction over all men which are in his kingdom those things which are either of jurisdiction or peace belong to none but to the Kingly dignity he hath like wise a constraining power to punish delinquents and lib. 3. cap 7. he saith that Treasons felonies and other pleas of the Crowne are propriae causae Regis are causes belonging to the Kings punishment onely and in his fift Sect. of the same fourth booke saith thus Omnis sub Rege ipse sub nullo nisitantum Deo non est inferior sibi subjectis non parem habet in regno in English thus Every man is under the King and he under none but God alone he is not inferiour to his subjects he hath no peere in his Realme And in his fift booke in his third Treatise of default cap. 3. he saith thus Rex non habet Superiorem nisi Deum satis habet ad penam quod expectat Deum ultorem The King hath no Superiour but God alone and it is sufficient punishment for him because he must expect God to bee the revenger if he doe commit wrong It is said in Plowdens Commentaries fol. 234. That the King hath the sole government of his Subjects and fol. 213. as also in Calvins case That allegiance is due to the naturall body of the King and fol. 242. it is
with all manner of aid or assistance whatsoever by which places of Scripture and the approved interpretations thereupon it is manifest that both by the first Commandement of the second Table and by the precepts of our blessed Saviour and his Apostles we ought to aid and helpe the King with all manner of aid and assistance whatsoever such as we ought to yeeld to our parents if they were assaulted or in distresse unlesse as the hypocriticall Jewes did make the Commandement of God of none effect by offering a gift to the Temple which they called Corban and by taking an oath that they were not bound by that gift to help honor or aid their father and mother but that they might have profit by that gift so shall we make the Law of God and precepts of our blessed Saviour and his Apostles of none effect by this tradition of men This Negative Oath which would absolve us from our duty of subjection obedience to our King as if this oath were to his profit If we should not aid him or assist him where is our feare where is our honour where is our tribute where is our subjection shall we take upon us where the Scriptures enjoynes us duties in generall to say the Scriptures requires not this or that particular at our hands where those particulars included are in the generall But here it may be objected that the Kings warre against the Parliament is unlawfull and the Scriptures binde me not to the performance of any unlawfull thing therefore I may safely take this oath To this I answer I will not take upon me to determine the question of the lawfulnesse or unlawfulnesse of the Warre but leave that to the judgement of God Almighty who will one day determine on which side the justice of this War doth remaine but this I know that it is lawfull for the King being invaded to defend himselfe and that his subjects in such a ease are bound to assist him And if I bee perswaded in my conscience that the right of this war is on the Kings side I am bound to assist him in it whether the right be with him or not And this also I know that the head is over the members and not the members over the head and that I also and all his other subjects ought to performe if not active yet passive obedience to him in all causes at all times and in all places whatsoever Furthermore the Prophet Jer. saith Jerem 4. 2. Thou shalt sweare in truth in judgement and in righteousnesse Every oath ought to have these three speciall quallities it ought to be made in truth in judgement and in justice whereunto is opposed falsehood rashnesse and unlawfulnesse so that if the Negative Oath have any defect in any of these three particulars we are to lay it aside and not to take it as being unlawfull The nature of an oath is as a bond for God himselfe declares Numb. 30. 3. He that sweareth an oath and by it bindeth his soule with a bond shall not violate his word but doe according to all that proceedeth out of his mouth which is as much to say that he shall not take the name of God in vaine so that hereby I am bound if I take this Oath to performe it according to the letter and not to evade it by saying I take it in mine owne sense with a mentall reservation but I must doe it according to all that proceedeth out of my mouth if so then do I absolutely swear against that duty that I am enjoyned to by the Scriptures for I sweare not to adhere to or assist the K. in this War or this Cause directly or indirectly so that I may neither aid him in word or deed nay not so much as pray for his health or successe nor for the safety of his person that under him we may lead a quiet and peaceable life in all godlinesse and honesty though the Apostle S. Paul exhorts us in 1 Tim. 2. 2. to pray for Kings to that purpose Nay by mine oath I am obliged if I meane to keep it to stand by and see any souldier in the Parliaments Army to kill him and may not assist him to rescue his life wherefore if I doe observe this Oath I take it not in truth but to an unjust and unlawfull end and therefore take it not in justice and righteousnesse Secondly if I understand not what use may be made of this oath or what I shall be inforced to by it I take it not in judgement but rashly and unadvisedly and therein commit a grievous sinne Now I know not as this Oath is penned what interpretation may be made of it for if I take it I sweare that I will not directly nor indirectly adhere unto or willingly assist the King in this Warre or in this Cause against the Parliament nor any forces raised against thâ—t wo Houses of Parliament in this Cause or War First I know what will be interpreted an indirect adhering to the King or assisting of him Secondly I know not what is meant by this Cause or how far it may be extended Thirdly I know not in what sense they take these words against the Parliament whether they include the person of the King within the word Parliament or his power only excluding his person neither doe I understand what is meant by any forces raised against the two Houses of Parliament there being now no such forces in the Kingdome and the War at an end therefore understanding not the extent of these particulers I sweare rashly and therein commit a sinne of presumption if I take it And lastly if I take this oath I sweare to an unjust and unlawfull end for I sweare to withdraw mine obedience subjection and allegiance from him which is an unjust and unlawfull thing and to an ill end the same being due unto him by the Law of God as before is declared by the Law of nature the Law of the land and the law of reason as hereafter shall be proved To conclude this point in taking of Oaths we ought to take heed that we observe these rules of the learned Fathers that is as to Oaths which we take voluntarily and not by coertion or by any impulsive necessity Ita jurare ut sacramentum pietatis ne sit vinculum iniquitatis so to sweare that the Oath or Sacrament of godlinesse which wee take become not a bond of iniquity to our soules thereby to engage us in things unjust and unlawfull both against the Lawes of God and men And if we take rash Oaths to doe an evill thing penitenda promissio non perficienda presumptio we must repent of our oath and not commit the evill and if we are inforced to sweare that which is unjust and unlawfull and against the Lawes of God and men wee conceive our selves not bound thereby for Injusta vincula rumpit justitia Justice and equity breaks the bonds of such an Oath from our
domino ex homagio tantum debet illi dominus ex domino praeter solam ex reverentiam the knot of faith ought to be mutuall between the Lord his subject or tenant for look how much subjection or obedience the tenant or subject owes to his Lord so much doth the Lord owe to his tenant by way of protection reverence excepted which knot Aristotle in his first book of Politicks proves to be the duty of nature for saith he To command and obey is of nature for whatsoever is necessary and profitable for the preservation of the society of man is due by the Law of nature Now Tully lib. 3. de legibus tells us that sine imperio nec domus ulla nec civitas nec gens nec hominum universum genus stare nec ipse denique mundus potest which is That without command or government neither any house nor City nor Nation nor mankinde nor to conclude the world cannot stand but peradventure that will be confessed and yet it will be denied that the world cannot stand without Monarchy and objected that Monarchy is not that government that ought to be by the Law of nature to which I answer with Aristotle in his first booke of Ethicks That Jus naturale est quod apud omnes homines eandem habet potentiam That is the Law of nature which with all men hath the same power Now as Aristotle in his first booke of his Politicks Cap. 3. and Plato in his third book of Laws jump in this opinion that in the first beginning of time the chiefest person in every house was alwaies as it were a King so when numbers of housholds joyned themselves together in civill societies Kings were the first kinde of governours among them which is also as it seemeth the reason why Kings have alwayes been and are to this day called patres patriae or fathers of their Country and it is not unknowne to any man learned in Antiquity History or Chronologie that it was 3198 years after the creation before any Law was written or given in the world according to the computation of Ioseph Scaliger by the Julian account The Law being given in that year and delivered by God unto Moses on Mount Sinai and whether the old world before the floud were governed by Kings it is disputable but sure I am that Nimrod the sonne of Câ—sh the son of Cham the sonne of Noah was a King for I finde Gen. 10. 10. that the beginning of his Kingdome was Babel and Erech and Accad and Calneh in the Land of Shinar and according to the computation aforesaid began his reigne in the 2479 yeare of the world which was 720 yeares before the Law was given and 149 yeares after the floud in all which time it is more then probable that all the Nations of the world except the Jewes were governed by Monarchies or Kings and long after the Law was given to the Jewes which is proved unto us by that demand of the Jews made unto Samuel 1 Sam. 8. 5. And they said unto him behold thou art old and thy sons walke not in thy wayes make us now a King to judge us like all Nations And we see it yet continued to this day among all the Gentiles heathens upon the earth by which sort of people above twenty parts of thirty of the knowne world are now inhabited That the only government of each severall Nation among them is Monarchy and much more subjection and allegiance performed by the heathen subjects to their Gentile Kings then is amongst us towards ours which is a full argument to mee that Monarchy is not only a divine ordinance or institution of God Almighty from the beginning and a branch of the Law of nature but also the best of governments too because those Gentile Nations which guide their actions only by the Law of nature imbrace this forme of government and none other making good that maxime of their heathen Philosopher afore remembred Jus naturale est quod apud omnes homines eandem habet potentia which induces me to affect the opinion the more because I see the Gentiles ever submitted to Monarchy call regiment for with Monarchy I say non potest error contingere ubi omnes idem opinantur And with Telesâ— non licet naturale universaleque hominum judicium falsum vanumque existimare an error of judgement cannot be where all men are of the same opinion and we ought not to esteeme the universall judgement of naturall men to be false and vaine But I will dwell no longer upon the fringe of this particular but make this point evident by the Laws of this Kingdome which are a part of natures Law That this Oath is against the Law of nature and for that Cause only that if I take it I am thereby withheld from the execution of mine allegiance whereby I make violation of natures Law To make this cleare and evident it appeares unto us by Calvins Cas recorded in the seventh part of Sir Edwards Câ—â—ks Reports that there are in our Law foure kinds of allegiance the first 〈…〉 all which is due from every subject boâ—â—e within his Majesties dominions to his Majesty as to his Sovereigne Lord and King The second is ligeantia legalis or legall Allegiance which is due by every subject to the King by reason of his suit Royall and this is not naturall but created by King Arthur for expulsion of the Sarazens and continued after by others for the Danes exile and is proper for the suppressing of insurrections and expelling invaders The third is Ligeantia acquisitia or purchased allegiance which comes by indenization The fourth and last is locall allegiance and that is due from strangers friends to Kings whilst they are in their dominions I meddle not with the two last and omit for brevity sake and because I shall not need to draw any argument from it to helpe my selfe withall to speake any thing of legall allegiance But for naturall allegiance it is absolute pure and indefinite that such an allegiance there is as naturall if you read the indictment of the Lord Dacres 26. H. 8. you shall finde it runne thus Quod praedictus Dominus Dacre debitum fidei ligeantiae suae quod prefato Domini Regi naturaliter de jure impendere debuit minime c. which in English is thus That the aforesaid Lord Dacre not regarding the duty of his faith and Allegiance which he did naturally and of right owe to and ought to pay to King Henry the 8. c. And Cardinall Poole 30. H. 8. being likewise indicted of Treason Contra dominum Regem supremum naturalem Dominum suum that is against the King his naturall and supreame Lord which indictments prove a naturall Allegiance to be not only due but of right due from every subject to his sovereigne King and as this allegiances is naturall so is it absolute so is it pure and indefinite