Ethelred the Saxon King being married to Henry the first brought us forth a Royal seed derived from the antient blood of the Saxon Kings Yet why may we not think that some of our Princes originally might be as free as another lately who had no such such title either of Succession or Conquest professeth himself to have been in points of Law and Government Lord Protectors speech Septemb. 12. p. 11. and p. 13. untill he limited himself I say saith he the Authority I had in my hand being so boundless Again my power again by this resignation was boundless and unlimited as before All things being subject to Arbitrariness and a person having power over the three Nations pag. 14. boundless and unlimited Again The Government limited me and bâ—und my hands to act nothing to the prejudice of the Nations without consent of a Councel until Parliament and then limited by a Parliament I did accept it I was arbitrary in power May it not then have been in Princes as it was in this Vsurper and invader of the publick Liberties And indeed the Coronation-Oath seems to imply so much Coronation-Oath H. scrips 24. Apr. 61. die Coronationis casu non consilio dum opus recognoscerem wherein among other things the King is asked ' Sir will you grant to hold and keep the Laws and rightful customs which the Commonalty of this Realm consuetudines quas vulgus elegerit His Majesties answer to the Remonstrance of May 26. 1642. pag. 17. 15. whether you expound it have or shall choose Which words do not imply a force upon the King It is for the ease of Princes and satisfaction of Subjects that that unlimited power given by God to Princes is bounded in all places by Laws with their own consent Dr. Sandersons preface to Dr. Usher of the right of Kings pag. 12. but a desire of his engagement Therefore the choice of Laws being not the Princes but the Peoples advantage and priviledge is left unto them not as implying a co-ordinate power but a concession of liberty not now to be changed because established both by Law and Oath yet so that the King reserves to himself the power of a negative voice Negative voice and of refusing to pass their Elections into Laws if he like them not If it be said Object That the Houses have the like negative voice that 's a mistake Answ they have it in order the one house to the other but not in order to the King because he doth not propound Laws unto them his desiâ—es he may but they to him So that there is no such thing as a negative voice in the Houses about the Laws in order to the King it is onely in reference of the one House to the other So that to speak properly according to the known practise of the Parliament the two Houses seem to have no co-ordinate share in making Laws but in choosing things to be made Laws the King onely making of them for the Houses acknowledge Declar. Parl. ' That they are not Laws till the Royal assent But I may not correct the King who saith Object in this Kingdom the Laws are joyntly made by a King Kings answ to the 19 proposit p. 12. by a House of Peers and by a House of Commons chosen by the people all having free votes and particular privileges Nor do I but explain what he must intend Answ The making of the matter of the Laws belongs to the two Houses the conferring of the form Declar. Parl. in defence of that May 26. 1642. and giving them the esse and being of Laws is from the King onely and so acknowledged by the Houses viz. That if he do deny it is no Law without him Script Reas sect 5. p. 64. Kings answ to 19 Proposit p. 19. and so acknowledged by the greatest pleaders for the taking up of Arms. But secondly because his Majesty saith a little after We conjure you that you allow us our share in the Legislative power which would be counted in us not onely a breach of priviledge but Tyranny and subversion of Parliaments to deny you Which implies the other have a share also I answer That they have a share but derivative not original subordinate as subjects even in Parliament for so they call themselves not co-ordinate as equals The wife hath a share in the government of the family for sure she is more in point of right relating to the government of it than a servant but it is not a co-ordinate but subordinate power The King would not be understood to confute his Father Himself or the Laws Not his Father K. James's Law of Free Monarchies who saith That the King is above the Law as both the Author and giver of strength thereto Not Himself who hath several times avowed his Soveraignty though not his solitude his Supremacy though not his aloneness in government who at the time of publishing that answer had drawn his sword to vindicate his Sovereinty prerogative Nor was it his intent to confute the Law which maketh him the fountain of justice as we saw above therfore what waters of power any else have must needs flow originally from him Thirdly the King hath said he is no Lawyer neither is it necessary that he should so be if then his Majesty out of zeal to content his subjects should let fal any * To the 19 Propositions expression in that answer of his so much insisted on that might prejudice his legal right it ought not in duty as it cannot in conscience be improved against him contrary to the known practise of Laws and Parliament It is true the two Houses say in their declaration of November 2. 1642. That the Kings Soveraignty is in and with the two Houses That they are the supreme Court whose determinations ought not to be question'd by the King That the Kings power is a trust from the people That the two Houses may dispose of any thing of the King or Kingdoms But seeing no Law is produc'd a sentence of out Fleta above answered is not sufficient to bottom in my conscience so high assertions To conclude All that have share in Legislative power have it not equally the King is acknowledged by the Oath of Supremacy sworn by every Parliament man before he sit to be Supreme over all in these his Dominions Neither have they it originally but by concession and grant though now setledly But though they have this derivative power in Legâ—slation and in some cases in declaring Law so it be not against the known Lavvs yet have they none in execution of the Lavvs much less the povver of the Sword further then the King shall grant unto them For vvhich though Laws vvere spoken of yet vvere they never produc'd Though the King declare That there is no power in either or both Houses Kings Answer to the Declaration of both Houses in answer to his
the Kingdom Dec. 15. 1642. was the fountain of all the following mischiefs The very first line is Your Majesties most humble and loyal subjects the Lords and Commons in Parliament assembled Next the Oathes of Allegiance and Supremacy do declare That the Kings Majesty is the onely Supream Governor of this Realm over all persons and in all causes 2. Oathes of Supremacy and Allegiance 3 Eliz. cap. 1. Kings Answer to the Remonstrance of May 26. 1642. Remonstr of Lords and Commons Nov. 2. 1642. Ecclesiastical and Temporal and of all other his Dominions and Countries Yea and every Parliament-man before he can sit is bound by Law to swear them Now this is not answered in my judgment by a saying out of a Private * Fleta lib. 1. cap. 17. de justitiariis substituendis Lawyer that Rex habet in populo regendo superiores legem per quam factus est curiam suam videlicet Comites Barones And by that other that Rex est major singulis but minor universis For the former Author hath that sentence and words out of Bracton who hath several times also the quite contrary as shall appear Again It is against the tenor and current of Law and Lawyers and the known practise of the Nation Thirdly It may bear an other interpretation namely understanding the Law either of God who makes Kings Prov. 8. or of men made with the Kings consent whereunto he hath voluntarily obliged himself from which at first he might be free And by the superiority of his Court their legal jurisdiction conferred on them by his approbation for decision of ordinary controversies that may fall betwixt himself and his Subjects but not simply his superiors first because he calls it His Court now the owner is greater than the thing owned as such Again else the Earls and Barons were the superior power to the King Fourthly This refers not at all to the House of Commons whereof neither Fleta nor his Author Bracton in this sentence make any mention Again secondly the Oathes of Supremacy and Allegiance and the style the Parliament speak in of his Majesties loyal and humble subjects the Lords and Commons assembled in Parliament Remonstr Nov. 2. 1642. are not answered by saying that this of supream head and governor over all persons Object in all causes is meant of singular persons rather than of Courts or of the collective Body of the whole Kingdom And that it is meant in Curia not in Camera in his Courts not in his private Capacity and properly onely in his high Court of Parliament wherein and wherewith his Majesty hath supream Power For first Answ 1 The Oathes speak comprehensively both of Persons and Causes over all and in all So again the style of humble and obedient subjects is spoken as from them as the two Houses of Parliament for so they say assembled in Parliament Now if Subjects then and there sure Soveraigns or associates in Soveraignty they cannot be the terms in the same respect are contradictory Thirdly If the King be acknowledged to be the fountain of justice as the Law and Lawyers say he is of which anon then both Laws and Courts flow from him and thence are called his Laws his Courts and so ordine naturae dignitatis both in nature and dignity must be before and above both His splendor is in his Courts but his Supremacy not onely there but in his person also from whence it was derived to his Courts For there must be a First in nature either the King or his Courts and if they be His Courts then he made them and therefore in esse naturae before them Neither doth it hence follow as is there inferred Object That then the King may over-rule all his Courts Ibid. even the Parliament it self and so the goodly frame of Government should soon be dissolved and Arbitrary power brought in Answ For the King having both consented and sworn to the Laws and to the maintaining the jurisdiction of his Courts acting according to those Laws is not now in that respect sui juris and arbitrary in Government but obliged both to God and man to act by Laws and to preserve his Courts unviolate But if any Court shall assume a greater power than the King and Law hath given them or act in opposition to that power from whom they had their being whilst he doth not openly reject all Laws and Government much less when he doth rationally together with as many or more both of Lords and Commons though excluded the formality of being in such a place judge that he acts according to Law in the main of his proceedings In such case and in such actings they are not such a Court nor are not authorised with power from above but act excentrically and as private persons unto whom the Declaration grants the King to be superior As the Army having received Commission from the two Houses of Parliament afterward turned their Arms against them which they could not do by their Commission as also a great fautor of their proceedings since then spake in my hearing God thereby perhaps representing to the Houses by the Army their own failings toward their Superior And the Armies reasoning was on the like principles viz. That they were entrusted with power for the Kingdoms preservation and that the Parliament degenerating they must not see the Kingdom perish Object 3 Neither may it be received that if the Parliament may take account of what is done by his Majesty in his inferiour Courts Ibid. much more of what is done by him without the authority of any Court For to speak properly the Parliament takes account not of the Kings actions or authority in his Courts but of his Officers and of their administration of that authority and this also by the Kings consent established by Law whereby they are enabled so to do Or to speak yet more properly The Parliament that is the King Lords and Commons for the Parliament is not without the King as being the Head of it but without and in opposition unto him and the Laws they do not take such cognizance Again for that saying That they might much more take account of the Kings actions that are done without the authority of any Court meaning the great administration of Justice and the raising of Arms Seeing no Court is superior to its Author the King therefore no Court can give authority to him but he to them nor can they call him to account for then they were his superiors and had the Regal Power and himself should be no King as is expresly affirm'd in Mr. St. John's speech against Ship-mony of which afterward Humbly represent to him they may his miscarriages and punish his Ministers so it may be done without sedition and assuming the Sword which is inseparable from the Supreme Power Lastly How can this be assented unto that because when the Title is dubious Ibid. pag. ult he is
due by nature to him being uttered as Law and in Parliament and cited by those that in the late contest appeared against him are authentick And the the things being so as they came farther into my knowledge and consideration the same sense of the Laws and my allegiance as that before of Religion did concuss and shake me from the one and setle me on the other side And this to the first Motive 2. The Integrity of the persons and their ability To the second the integrity and ability of many of the persons inviting to this contest might be very great yet all of them were not for it as shall be seen anon Besides Answ it is the doctrine of our Church that a Council may Artic. 21. Paphnut Socrates H. lib. 1. cap. 8. 3. Authority of the two Houses and have erred even in things pertaining to God And in the first and great Council of the Primitive Church in a very material point they all erred but one and suffered themselves by him to be corrected To the third the Authority of the two Houses I did not then so throughly consider though I had some doubts as was noted above that they were the Child the King Answ 1 the Parent that they were the Spouse the King the Husband 1. Their Relation that they were the Body the King the Head as we heard above out of Mr. Pym. Now these relations doubtless could not regularly act without much less in opposition to the chief relatum unless in cases of infancy alienation of mind voluntary absence abdication of the Government 2. Their Style and such like of which more anon Besides we heard even now themselves in Parliament style themselves His Majesties most humble and loyal subjects the Lords and Commons in Parliament in that Declaration wherein they did not onely pare the nails but even also pierce the quick 3. Their Title and Power whereon founded and in what consisting Moreover what power and authority they have it must be by Law Power publick and authoritative I suppose consists especially in three points first in making Laws secondly in declaring Law lastly in executing Law Touching the first Although the King being the fountain of Law it must primarily flow from him though into his Courts yet it is condescended unto and a share is granted them in making Laws and protecting Liberties Kings answer to the 19 propâ—sit 1642. pag. 12. what that is his late Majesty you will say hath fully opened In this Kingdom saith he the Laws are joyntly made by a King by a House of Peers and by a House of Commons chosen by the People all having free votes and particular privileges The Government according to those Laws is trusted to the King 1 power of Treaties of war and peace 1. Kings prerogative 2 of making Peers 3 of choosing Officers and Counsellors for State 4 Judges for Law 5 Commanders for Forts and Castles 6 giving Commissions for raising men to make war abroad or to prevent or provide against invasions or insurrections at home 7 benefit of confiscations 8 power of pardoning and some more of the like kind are placed in the King 2. House of Commons Next for the House of Commons he saith Again That the Prince may not make use of this high and perpetual power to the hurt of those for whose good he hath it and make use of the name of publick necessity for the gain of his private favourites and followers to the detriment of his people The House of Commons an excellent conserver of liberty but never intended for any share in government for they do not administer an Oath or the choosing of them that should govern is solely intrusted with the first Propositions concerning the levies of monies which is the sinews as well of peace as of war and the impeachment of those who for their own ends though countenanced by any surreptitiously gotten command of the King have violated that Law which he is bound when he knows it to protect and to the protection of which they were bound to advise him at least not to serve him in the contrary This for the Commons Next for the House of Lords he proceedeth And the Lords 3. House of Lords being trusted with a judicatory power are an excellent skreen and bank between the Prince and People to assist each against any encroachment of the other and by just judgment to preserve that Law which ought to be the rule of every one of the three Whence he adds Since therefore the power legally placed in both Houses is more than sufficient to prevent and restrain the power of tyranny c. Thus far the King A share then they have in their several degrees in the Legislative power though neither supreme nor co-ordinate but subalternate and by descent from the high unto the lower 2. Declaring Law In his speech after his assent to the Petition of Right Kings Answer to the Remonstrance of the 19 of May 1642. pag. 21. Touching the next the power of declaring Law though the King do avow That the power of declaring Law be not in either or both Houses of Parliament without his consent and that the Judges are the interpreters of Law under himself Yet he saith We deny not but that they the Lords and Commons in Parliament may have a power to declare in a particular doubtful case regularly brought before them what Law is but to make a general declaration whereby the known rule of the Law may be crossed or altered they have no power nor can exercise any without bringing the life and liberty of the subject to a lawless and arbitrary subjection Lastly as to the execution of Law or judging by it This is not in any other 3. Execution of Laws but either in the House of Peers in Parliament with the Kings consent who must sign all their capital sentences or in the Judges and other Officers by Commission from the King in whose name they all proceed So then the power of government original and final and of execution of the Laws is in the King so far as is made known by the constant practice of the Nation A power therefore of resistance publickly and by Arms how should they have in opposition to the King who have no power of judging or execution of the Law but by authority from him and his consent formally expressed 4. Their silence in point of particular Law Lastly There was though spoken of and they urged to produce it never any Law shewn nor the Charter or Custom or Act named that did either formally or virtually imply a power of Government and much less of Arms without and in opposition to the King which might settle and satisfie the conscience The Barons Wars For some presidents in tumultuous times of some great men will not be a fit example for a Parliament And some very few sentences of one or two Lawyers
adds Ejurationem spontalem excipio de qua nulla inter mortales dubitatio which I need not English Bilson of Subj Rebel part 3. edit Lond. 1586. pag. 276 280. because for substance the same is delivered before him by our own Bishop of Winchester I must confess saith he that except the Laws of those Realms do permit the people to stand on their right if the Prince would offer that wrong I dare not allow their arms Cases may fall out even in Christian Kingdoms where the people may plead their right against the Prince and not be charged with rebellion Phil. As when for example Theop. If the Prince should go about to subject his Kingdom to a forreign Realm or change the form of the Common-wealth from Empery to Tyranny or neglect the Laws established by common consent of Prince and People to execute his own pleasure In these and other cases which might be named if the Nobles and Commons joyn together to defend their antient and accustomed Liberty Regiment and Laws they may not well be counted Rebels I never denyed that the people might preserve the foundation But part 3. pag. 144. he saith It is the Popes Divinity that Princes have their power from the people which he saith they have from God freedom and form of their Common-wealth which they fore-prised when they first consented to have a King I never said That Kingdoms and Common-wealths might not proportion their States as they thought best by their publick Laws which afterward the Princes themselves may not violate In Kingdoms where Princes bear rule by the sword Princes will we do not mean the Princes private will against his Laws but his Precept derived from his Laws and agreeing with his Laws which though it be wicked yet may not be resisted of any subject with armed violence Mary when Princes offer their subjects not justice but force and despise all Laws to practise their lusts Not every nor any private man may take the sword to redress the Prince But if the LAWS of the land appoint the nobles as next to the King to assert him in doing right and with-hold him from doing wrong Note If the Laws appoint THEN be they licensed by mans LAW and so not prohibited by Gods to interpose themselves for safeguard of equity and innocency and by all lawful and needful means to procure the Prince to be reformed but in no case deprived Note Not disinherit where the Scepter is inherited But he explains himself further in the very next page viz. That he meant still according unto Law The rest of the Nobles saith he that did assist them the King of Navarre and the Prince of Conde against the King of France if it were the Kings act that did oppress them and not the Guises Note except the LAWS of the land do permit them means to save the State from open tyranny I wiâ—l not excuse And * part 3. pag. 144. elsewhere I will not saith he examine the Popes Divinity Zachary in his answer to the German Legates Aventin lib. p. 299. wherein he saith the people create their King and the people may when the cause so requireth forsake their King 't is you see the Popes Doctrine I will not saith he examine the Popes Divinity in that he saith Princes have their powers of the people which the Scripture saith they have of God And before part 2. p. m. 328. This is the Supremacy which we attribute to Princes that all men within their territories should obey their Laws or abide their pleasure and that no man on earth hath authority to take their Swords from them by Judicial sentence or Martial violence Howsoever as I said ☜ those things before may be so in Thesi and the matter absolutely considered yet being excited by the fruits to view all the roots again I cannot satisfie my conscience that in Hypothesi and in particular hîc and nunc Note Mr. Pyms speech at the charge of the Earl of Strasford pag. m. 5. Protection and Alleg. 1. Parliament Testimony Remonstr of the state of the Kingdom Novemb. 15. 1641. pag. 26. 1. Bills pâ—ss'd by the King the case was such with us at the beginning of the war And if there had been any urgency to any of those cases yet Mr. Pym whom all men know was no passionate Royallist saith If you take away the protection of the King the vigour and cheerfulness of Allegiance will be taken away though the OBLIGATION remain Protection then and Allegiance are not such correlatives as that they do se mutuò ponere tollere as some would have But to return That the case was not so with us and that this may appear to have been no groundless conceit of my own I produce the two Houses of Lords and Commons We acknowledge say they with much thankfulness that his Majesty hath passed more good Bills to the advantage of the subjects than have been in MANY AGES This for the matter of concessions pag. 23. 2. Security to the Subject Next for the Security hear them again The discontinuance of Parliaments is prevented by a Bill for Trìiennial Parliaments and the abrupt dissolution of this Parliament by another Bill by which it is provided it shall not be dissolved or adjourn without the consent of both Houses Which two Laws well considered may be thought more advantagious than ALL the former because they SECURE a full operation of the present remedy and afford a PERPETVAL spring of remedies for the future Thus the Parliament Sir Benjamin Rudyard his testimony Now secondly That these considerations did then woâ—k strongly upon the hearts of some of their own Members against engaging in the War may be seen by a speech printed of Sr. Benjamin Rudyards In hâ—s Epâ—stâ—e Dedicatâ—ry to him of one of his Trâ—ctates among the rest of Mr. Rous's works to whose worth and piety Mr. Francis Rous a member also gives upon his own long and intimate knowledge a very high elogy He in that speech in the House of Commons July the 9. Anno 1642. page 2. saith Mr. Speaker I am touched I am pierced with an apprehension of the honor of the House and success of Parliament The best way to give a stop to these desperate immenent mischiefs Sir B njamin Rudyard his speech in Parliament is to make a fair way for the KING 's REâ—VRN hither it will likewise give best satisfaction to the people and will be our best justification And again page 3. Note If any man could have credibly told us 1 that within three years you shall have a Parliament 2 that Ship-mony shall be taken away by an Act of Parliament 1. Acts passed the reasons and grounds of it so rooted out as that neither it nor any thing like it can ever grow up again 3 That Monopolies 4 the High-commission Court 5 the Star-chamber 6 the Bishops Votes shall be taken
of Worship in the nerves and sinews of Discipline and in the bones and strength of Government which no true Son of the Church of England can without indignation reflect on Thirdly it striketh at the very beeing and safety of it For first this will both nourish and breed Papists and Separatists when they shall consider that by this Oath we have acknowledged that there is no one part Isa 1. wholly sound in this Church but that from the crown of the head to the sole of the foot there are wounds sores and putrifying corruptions And being the expressions are indefinite they cannot tell what in any part is sound nor know what to cleave unto and so are prepared for apostacy from it 4. Schismaticall illegal oppressive to to the Government of the Church or confirmed therein 4. This Covenant sweareth a Schisme and is an unjust Oath as it is injurious and oppressive to the Government of this Church and the express Law whereby it is established to wit Episcopacy not to insist on the ranking of it with Popery and Superstition The Church of England is founded in Prelacy saith the Luws Of which before And the King in his Oath swears to defend the Rights of this Church Yea this order is by the Laws in force before 17 Car. 11. the very next the King himself in Parliam for so the style runneth the Lords Spiritual and Temporall The right of Episcopacy out of Scripture Antiquity and the late Reformers hath been shewed before and out of the Law of England also Now to swear against a main point of the Law of the Land wherein we have the suffrage of the whole Church and against that order of men both under which Bishops as Cranmer and others special instruments of the Reformation and by influence whereof we first received the Gospel and several whereof sealed it in opposition to Popery and Superstition with their blood Five Bishops being burned viz. Cranmer Arch-Bishop of Cant. Ridley Bishop of London Hooper and Latimer Bishops of Gloucester and Wortester and Ferrar Bishop of St. Davids is such a piece of unchristianity injustice and ingratitude yea and perjury also in those that have subscribed the three Articles and taken the Oath of Canonical obedience that I should wish mine eyes a fountain of tears to bewail it and my quill the pen of a more ready Writer to describe it Pudet haec opprobria nobis c. What shame is it that this should spoken be And nothing to be said to th' contray 5. It is of most dangerous insinuation 5. Of most dangerous insinuation against the dignity person and authority of the King in respect of the Kings Authority Dignity and Person First To his Dignity in putting him after the Parliaments and Kingdoms and yet put the Parliaments before the Kingdoms as if he were inferiour unto both whereas by our Oath of Supremacy we do acknowledge him to be over all persons within these his Realms and Dominions Supreme Governour And have in that and in the Oath of Allegiance and in the Protestation sworn and engaged to maintain his honour and priviledges Secondly It insinuates most imminent danger unto the Kings Person and Authority whilest it engageth to preserve and defend the Kings Majesties Person and Authority in the preservation and defence of the true Religion and Liberties of the Kingdoms Openly implying that both the one and the other may be deserted in case he do not or seems to some not to defend true Religion and the Liberties Thirdly And for his Authority we swear obedience thereunto in the former Oaths indefinitely without such limitations as these are whence these appears to be no less then a treasonable limitation 6. It swears to betray and oppress contrary to Law 6. Is oppressive of the K. faithful subjects and true members of the Church 7. It bettaies the Liberty of the Subject in setting up an Arbitrary power against Law the Kings faithful Subjects and the true sons of the Church because they would keep faith with the one and unity with the other Artic. 4. under the names of Malignants and Hinderers of Reformation 7. It owneth the Houses of Parliament in opposition to the King to be the Supreme Judicatories and acknowledgeth a power in them of punishment to life and estate which is a betraying the Subjects Liberty as also that they may punish as they judge convenient or a Committee from them What is this but to pluck up Magna Charta by the roots which gives this priviledge that no free-born English man shall be punishable in life liberty or estate but by a Jury of his equals c. So that this is an erecting of an Arbitrary Government and destructive to the Fundamental Laws of the Land The same error is committed in the fift Article against those that should any way oppose this kind of union between the two Nations 8. In the sixt and last Article 8. Obliges to a blind a betting of all attempts in the pursuance of it 9. Engages against Repentance it obliges to defend all those that enter into this Covenant in the pursuance thereof which what it infers cannot be foreseen nor how far that clause may be extended 9. It engageth against Repentance which in an Oath of that nature and newness ought not to have been done but that juvat impiis as well as miseris socios habuisse It pleaseth them that have the plague to see That others as themselves infected bee 10. 10. Hypocritical blasphemous towards God scandalous and dangerous to other Churches and Nations Prov. 24. Eccles 10. Matth. 22. Prov. 13. 1 Pet. 2. Lastly In the Epilogue and close of it It is Horridly Hypocritical Blasphemous towards God Scandalous and Dangerous to other Churches and Nations First It is Horridly Hypocritical in acknowledging that we profess before God and the world our unfeigned desire to be humbled for our sins and the sins of these Kingdoms against God and Christ his Son c. And yet at the same time swear to dishonour both and transgress the Gospel which commands obedience of Subjects to their Princes especially in doubtful cases the King holding forth not force but law as well as they and as I am perswaded with better evidence Ezek. 20.27 Secondly It is most blasphemous and a high temptation of Almighty God to pray most humbly unto him to strengthen us by his holy Spirit to live and dye in opposition to the just Laws of the Land in sedition against our natural Prince in schism against the Church and in oppression and violence against our innocent brethren Thirdly It is Scandalous to other Nations and Churches whereby through us the name of God as called upon and professed by the Reformed was blasphemed even among the very Turks Ezek. 36.20 yea our Nation the members of it in peril wheresoever they came as Merchants and Travellers know Lastly Dangerous unto the same Churches First
before he persecuted Sect. 3. Examples of Retractation But to come to some Instances and Examples of Errour 1. In general and of Retractation And first in General I have read this sentence either in or cited out of u] Phil. de Comines Philippe de Comines for the Book is not now at hand viz. A Prince or any other man that hath not been deceived can be but a beast because he discerns not the difference between good and evil Consonant unto that of the Antient now quoted x] Aug. Epist 7 Nullum unquam verbum inquit quod revocare vellet emisit Quae quidem laus quanquam praeclarissima videatur tamen credibilior est de nimium fatuo quam de sapiente perfecto Nam illi quos moriones vocant quanto magis à sensu communi dissonant magÃsque insulsi absurdi sunt tanto magis nullum verbum emittunt quod revocare velint quia dicti mali vel stulti vel incommodi poenitere utique cordatorum est That is Tully saith of the Roman That he never uttered any word which he wished were unspoken Which commendation though it be very splendid yet is it more like to be true of an absolute fool then of a perfect wise man for those whom we call Ideots by how much they are farther off from common sense and are more absurd and witless by so much the more they never utter any word that they will retract For to repent of an evil idle or inconsiderate speech is indeed the part of a prudent and cordial man thus far he And to come nearer to our own time and occasion I shall give you the vivid speech of one yet living for ought I know y] Letter to one of the Lords of the Council concerning the Declarat of Octob. 13. 1655. Whosoever saith he hath not been deceived in the current of these last fifteen years hath been preserved from being so by such an absence of friendship confidence and charity and by such an enmity to mankind by such a measure of distrust jealousie and villany in his nature that I had rather be a dog then that man I shall leave unto the Authour his passion and expressions and only improve his notion as complying with the premises But to come to some particulars Particular Instances We might fetch them from the whole rational creature and from the top-branch of it the Angels For those of them that fell although through malice they will not retract The lapsed Angels yet there is no doubt but they do repent though not with godly sorrow And what is Retractation but Repentance certified Adam the first and flower of the meer rational creature here on earth did not only repent The first man but retract his errour though the expression of it be not verbally set down else could he not have been capable of salvation for 't is only z] 1 Joh. 1.9 if we confess our sin that God hath obliged his faithfulness and truth to forgive us And though with the heart man believe unto righteousness yet with the mouth confession must be made unto salvation saith the Apostle Rom 10. Unto this head therefore of Retractation not criticising on the word appertain all the confessions of sin we read of in the Scripture But take a few particulars Other Script Inst and you shall find them to be the choicest of the Saints Job a] Job 1. like unto whom in his time was none on earth by the Lords own testimony yet he retracts b] Ch. 40.4 5. c. 42.6 I have spoken words saith he which I understood not therefore I abhor my self and repent in dust and ashes c] 2 Sam. 23.2 David David by whom the Spirit of God frequently spake he retracts d] 2 Sam. 24.10 I beseech thee O Lord take away the iniquity of thy servant for I have done very foolishly Solomon who e] 1 King 10.23 exceeded all the Kings of the earth both in riches and wisdome he retracts f] Eccles 2.20 21. Therefore I hated all my labour g] Cap. 1.17 Chald. Paraph. In Eccles and he calls his travel in wisdome Solomon madness and folly And it is supposed that the whole Book of Ecclesiastes is nothing else but his retractations especially if we credit the Chaldee Paraphrase but not that in the King of Spains Bible who makes the ground of it to be that Solomon foresaw he should leave his wisdome and Kingdome to a fool to Rehoboam Some also might perhaps bring S. Paul himself near the matter of a retractation If not S. Paul as to the style of a Letter which he wrote to the Corinthians the good effect whereof made him in the issue not repent h] 2 Cor. 7.8 though he saith ' he did repent But because the i] Calv. in loc doctiss interpres as he is often styled expounds the place otherwise I insist not on it But without query k] Gal. 2.11 he by whose mouth the Gentiles first received the Gospel and believed not only repented of a mortal sin Yet doubtless Peter the denying of his Lord but retracted no doubt an errour by his example made much more dangerous the withdrawing namely from the Gentiles in eating bread Gal. 2. and compelling thereby the Gentiles to ' live as the Jews did so betraying the liberty of the Gospel Which may be a note for those who claim succession from him not to arrogate unto themselves an unerring spirit Adversaries to Retractation no not in Cathedrâ as doth the Bishop of Rome the only enemy of all Christians unto retractations Examples in the Antient Church But to come lower S. Austin the best Learned of all Antient Doctors in the judgement of the Church of England l] Homil. against peril of Idolatry part 2. pag. 25. he not only retracts himself and wrote two whole Books of that argument whose spirit in this particular may in few be seen in that excellent Epistle of his unto Marcellinus m] Epi. 7. and libb of Retrac Ep. 7. But also therein exhorts every other man that hath been mistaken S. Austin secundas habeat partes modestiae qui primas non potuit habere sapientiae that every such one should take the second boat of modesty and retracting that could not get the first of wisdome by not erring The reason is n] Idem ibid. nam nimis perversè seipsum amat qui alios vult errare ut error suus lateat for he too passionately loves himself that is willing others should still wander that his own straying may be unobserved Yea he admonisheth o Hieron of a revocation of his opinion touching the controversie betwixt Paul and Peter Gal. 2. p] Aug. Ep. 9. Ad Hieron Arripe obsecro te ingenuam verè Christianam cum charitate severitatem ad illud opus corrigendum atque emendandum
eyes look right on to the true scope And turn not to the right hand or to the left of unlawful means If thine eye be single thy whole body shall be full of light Matth. 6.22 if thine eye and aim be evil thy whole body of thy actions will be full of darkness and in darkness men do not walk even said our Saviour 8. Cause Negligence in Religious duties Jam. 4. 8. In the next place there was no doubt either neglect of or some other defect in prayer and religious duties For though the thing were not omitted yet it seems there was an asking and not receiving which could not have been for he is faithful who had promised but that there was an asking amiss Heb. 10. Now the promise cannot fail Tâ—t 1. Jam. 1. because God cannot lie and the promise is If any man lack wisdom let him ask of God who giveth it liberally It hath even by the light of nature been discovered that great miscarriages in judgment and practise could not happen but as a punishment for some neglect of God as well as a sin against him When Alexander the Great had in a drunken fit slain Clytus a man both of valor Curtius lib. 8. paulo ab initio and merit towards the King after that he had spent all night in lamenting and repenting Scrutatumque num ira deorum ad tantum nefas actus esset subiit anniversarium sacrificium Libero patri non esse redditum st to tempore itaque inter vinum epulas caede commissa iram Dei fuisse manifestam Upon search it was found that the sacrifice to Bacchus was not performed in its season and therefore in his very benefits wine for so they reckoned the table was made a snare and in drinking and feasting slaughter being committed the anger of god was evident Thus those Heathens Matth. 6. Surely lead us not into temptation as it is a necessary so it should be a daily prayer and that with earnestness 9. Add to this some failing or other 9. Cause Fail in practise either in spirit and sincerity or in practice and walking For Good and upright is the Lord therefore he will teach sinners in the way but so that we be tractable Psal 25.8 9 10. for the meek he will guide in judgment and the meek will he teach his way that is the plain-hearted and those that walk with a right foot and make streight steps unto their feet Heb. 12. And all the paths of the Lord are mercy and truth unto them that keep his Covenant Psal 25. and his testimonies to do them And what man is he that feareth the Lord him shall he teach the way that he shall choose As on the contrary when we know God Rom. 1.28 and glorifie him not as God he often delivers us to an erring and unjudicious spirit 2 Thess 2. And the not receiving the truth in the love of it introduceth frequently strong delusions The close shall be St. Austins Diriget mites In Psal 24. diriges nec perturbabit in judicio eos qui sequuntur voluntatem ejus nec ei resistendo praepenunt suam That is He shall direct the meek nor shall he disturb them in their judgment which follow his will and do not by resisting prefer their own The last of those general causes which I shall name 10. Cause 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of my back-sliding was Being too busie without my sphere 1 Thes 4.11 and in the things did not belong unto me A practice consequent unto the former negligence as is implied by the Apostle whilst he saith Do your own business and work with your hands the thing that is good Psal 131.1 It was one thing that preserved David from sedition that he exercised not himself in things too high for him and above his place but refrained his soul as a weaned child 2 King 11. Not but that Jehoiada the High-prieâ—â— may according to his office and power given him deal in the greatest affairs of a kingdom Yea and not onely Zadoc and Abiather the chief but even also Ahimaaz and Jonathan the inferior Priests when regularly may put their hand to save the Throne as well as the Altar But the case with me was different I need not explain how That Prophesie Take unto thee the instruments of a foolish shepherd Zech. 11.15 c. was applied by one late in power unto the Ministers dealing in affairs of State Lieutenant General Cromwels Letter to the Speaker out of Scotland Sept. 4. 1650. when yet himself and party played their first and best game by their hands in so medling He saith Such means will not be effectual for the setting up the Kingdom of Christ and neglect or not trust to the word of God the sword of the Spirit which alone is powerful and able for the setting up that Kingdom and when trusted to will be found effectually able to that end and will also do it Thus he Oh that so much had been said by him at the beginning of the English as it was at the beginning of the Scotish War But then it would have spoil'd the sport 2 Pet. 1.12 and it seems there is a present truth as some apply those words of Peter not capable of any other moments of time past or to come But to return Johannes Funccius Johan Funccius that notable and good Chronologer a Divine also Chaplain and Chancellor unto the Duke of Borussia having as it seems counsell'd some act that was disgusted vehemently by the State Bucholcer Chronol ad Ann. 1566. they rested not till they had his head that contriv'd it who as he went to execution gave forth this Distich Disce meo exemplo mandato munere fungi Et fuge ceu pestem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Which I have sometime thus rendred Learn thou by mine example to apply Thy self to thine own studies and do fly As from the plague that folly mine of late Divines too medling in affairs of State Somewhat like was that of Justus Jonas Justus Jonas idem ad Ann. 1567. the year following which he gave forth as he went to the same calamity Quid juvat innumeros scire evolvere casus Si facienda fugis si fugienda facis What doth it boot all cases for to know If duty thou omit and sin thou do But he was of another Trade to wit a Lawyer I conclude this with the Apostles warning 1 Thess 4. that we study to be quiet and to do our own business 1 Pet. 4. lest we suffer as evil doers and busie-bodies in other mens affairs The Causes general are ended CHAP. VI. Particular Causes with their Confutation And first of the War SECT I. Cause General and Privative viz. Resisting of the Spirit of God AS touching particular ones namely those which induced me unto the civil Controversie and those which lead me to
the Ecclesiastical Concerning the first 1. In the Civil Controversie I closed with the one party in the civil contest for these causes whereof the one is General and Privative the other Positive and Particular The former was the grieving or resisting the Spirit of God from whom I received no small concussion about this matter especially at the coming forth of * The resolving of conscience c. Edit Cambr. 1642. Dr. Fearn's first book in opposition to the Lords and Commons in their taking up Arms against the King The authority of Scripture there urged unto which God had given me ever to bear an awful reverence the Spirit setting it on exercised me more than all his arguments But 1 being in heart enclined unto the good things the other side proposed to be contended for and 2 judging his reasons might all be answered and 3 apprehending it much concerned the cause of God and of his servants and 4 my own reputation also being pre-engaged 5 and lastly my place seeming to call for it I holding then the publick Lecture in Cambridge I took all the former reluctancy of spirit to be onely a temptation and accordingly resolved to reply On Judg. 5.23 on which Mr. St. M. had preached before of whose notions that I know of I made no use Mr. J. B. which I did the next Lords day after the publishing of that Book wherein I answered all that seemed material in that Book and so answered it That some who were of the other judgment were pleased to say that so bad a cause could not be better pleaded Upon this I was sollicited to the publishing of my Answer But coming to London and finding another had done it before but especially my spirit working too and fro betwixt resolution and fear I did suppress it But that of Zachary hath been fulfilled in me since In that day the Prophets shall be ashamed Zach. 13.5 every one of his vision when he hath prophesied And blessed be God who hath verified another also towards me viz. Thou shalt hear a voice behind thee saying Isa 30.21 This is the way walk in it when thou turnest to the right-hand and when thou turnest to the left And blessed be his Name that although I have been a rebellious child as it is in the first verse of that chapter that would not take counsel of him nor cover with the covering of his spirit yet he hath not cast me away from his presence Psal 51.11 nor taken his holy Spirit from me Deliver me from bloods O Lord thou God of my salvation A Prayer and my tongue shall sing aloud of thy righteousness The sacrifice of God is a broken spirit a broken and contrite heart O God thou wilt not despise And Vphold me O Lord with thy spirit then will I teach sinners thy ways and transgressors shall be converted unto thee Lastly Do good in thy good pleasure unto Sion build thou the walls of Jerusalem then shall they offer young bullocks upon thine altar Amen Sed irrideant nos fortes potentes Aug. confess l. 4. c. 1. nos autem infirmi inopes confiteamur tibi But let great and oveâ—-grown spirits laugh at this let us that are infirm and poor in heart confess to thee Tota palea areae ipsius irridet eum Aug. in Ps 21. in Prefat in Expos 2. gemit triticum irrideri dominum All the chaff of Christs own floor laughs at him and the good corn laments its Lords derision Thus of the general and privative cause SECT II. Particular Motives 2. THe particular follow and they were such as these 1. 1. Propounded The excellency and necessity of the things held forth to be contended for the Laws namely and the Liberties of the Nation and that which made them both most precious Religion Protestant by them established and secured 2. Next the credit that I gave unto the persons that did propound them both for their ability and for their faithfulness 3. A third was the awful opinion that I conceived of the power and authority of that place from which they seem'd to issue to wit the Parliament 4. That the exigences being such there was a virtual bond by all Laws to use remedies that were not usual 5. and lastly That examples of the like had been in Scripture among the Jews in the Primitive Church the former against Antiochus by the Maccabees the latter of the Christians against Maximinus Also in the Reformed Churches as the French Holland Scottish and owned by our former Princes and then present King defended also by our own Divines and Bishops as Jewel Abbot Bilson c. 2. Replies unto them But all these and such like as applyed to our case being put into the ballance of the Sanctuary in my eye seem much too light As touching the first my opinion and veneration of the Protestant Religion 1. Religion the Laws and Liberties of the Nation I hope is greater now than it was as I know them somewhat better But touching Religion to be defended by Arms especially of Subjects well spake the Dantzikers A notable speech of the Dantzikeâ—s in their material Letter to the Duke of Croy exhorting them to the like May 27. 1656. Evidently it doth appear say they how much the Roman-Catholicks are incensed through this war and that from thence no small persecutions yea the greatest danger may befall the Reformed Churches Vid. Mercurius Politicus Jul. 3. 1656. if God do not prevent it in his mercy We do confidently believe that no body can think or impute it to us as if God took pleasure in Apostates and Hypocrites and as if he would have Religion promoted in casting off the lawful Magistrate Note and in the slender esteem of a well grounded government Call to mind how at all times by Warrs the spirits of men grow more barbarous and inhumane Note and how the wars for Religion use commonly to extinguish Religion Thus they Note Now I call God to witness upon my soul that the sense of the dishonor done unto the Protestant Religion 2 Cor. 1. working upon my heart hath been one main occasion of further examining the grounds of those transactions and of altering my thoughts Homil. of disobedience part 4. pag. 300. And particularly one passage in the doctrine of this Protestant Church expressed in the Homily of disobedience did much affect me of which anon This for Religion 2. Then for the Laws and Liberties seeing first 2. Laws and Liberties that both Houses of Lords and Commons in all their solemn addresses to the King and that in Parliament and as such a Parliamentary body 1. Style of the H. H. do usually style themselves thus Your Majesties most humble and loyal subjects the Lords and Commons in Parliament assembled In that Remonstrance which the King saith Kings Declaration Aug. 12. 1642. Remonstr of the State of
to be accepted for King whom the two Houses declare to be so by the Statute of 11 H. 7. that therefore much more they may judge in the great question what is the best service of the King and Kingdom Whence also it will follow that they have the power of declaring Law in all cases How I say can this be received namely to argue from a power in doubtful cases to a power in cases that are clear in Law and reason or sense Secondly when there is no King actually their power may be more as the wife that hath no husband Thirdly The Declaration of Parliament doth not give the King his title or authority but onely declares recognizeth and acknowledges that he had it before As for those assertions in that Declaration Ibid. viz. That the Soveraign Power resides in the King and both Houses of Parliament That the two Houses are judges superior to all others That the Kings negative voice doth not imply a liberty to deny c. because no Law is produced and that they oppose such as are known as also the practise of Parliament in this Nation conscience is to seek for a foundation of assent unto them It is delivered as Law that the King is the * Mr. Pym's speech at the attainder of the Earl of Straffâ—rd p. 10. Father the Husband of the Common-wealth he is the Head they are the body * Mr. St. Johns speech at the same Attaind p. m. 7. That the Laws are the Kings Laws he is the fountain from whence in their several channels they are derived to the subject * The case of Ship-mony a speech in Parliament Nov. 3. 1640. pag. 12 13. Note That he is the soul of the Law in whose power it is ALONE to execute Law and yet not be constrained thereunto That the Sacred PERSON of the King is INVIOLABLE and subject to no force or compulsion of any other and free from any coercive or vindicative power That this freedom is unsepar ble from the Person of the King because no force can be used but by Superiors or Equals and he that hath Superiors or Equals is no KING Again first The Judges in Calv. case recited by D. Austin Allegiance not impeached cap. 1. That allegiance of the subject is due to the King by the Law of Nature Secondly That the Law of Nature was before any Judicial or Municipal Law as being written from the beginning in mans heart Thirdly That the Law of Nature is immutable Fourthly That this immutable Law of Nature Bractoâ— is a part of the Law of England That Rex in regno parem habere non debet cum par in parem non habeat potestatem multo fortiùs non habeat superiorem The King in his Kingdom ought to have no equal because one equal cannot have power over another much less should he have any superior Object And this is not to be taken with that exposition as above Remonstr Nov. 2. 1642. Serg. Bradshaw at the sentencing hâ—s late Majesty vâ—z That he is major singulis minor universis Greater then any one but less then all For both the Statute is express That this Realm of England hath been accepted for an Empire governed by one supream Head unto whom a body politick compact of all sorts and degrees of People Answ of the Spirituality and Temporality 24 Hen. 8. cap. 12. 4. Declarat of Parliament Proposition in Parliament Apr. 25. 4 Car. propos 5. Rushworth Collect. p. 553. are bound next unto God in a natural obedience As also it is acknowledged in full Parliament First in general by the House of Lords As touching his Majesties Royal Prerogative intrinsecal to his Soveraignty and betrusted him withall from God Ad communem totius populi salutem non ad destructionem That his Majesty would resolve not to use or divert the same to the prejudice of any of his loyal people in the property of their goods or liberty of their persons is prayed by the Lords And in particular by the Commons Most dread Soveraign We your dutiful Commons now assembled in Parliament we think it is a meet and most necessary duty being called by your Majesty to consult and advise of the great and urgent affairs of this Church and Common-wealth Commons Remonstrance against the Duke 4 Car. Anno 1628. Rush Collect. pag. 631. Note finding them at this time in apparent danger of ruine and destruction faithfully and dutifully to inform your Majesty thereof and with bleeding hearts and bended knees to crave your speedy redress therein as to your wisdom unto which we most humbly SUBMIT our selves and our desires shall seem most convenient So then first the Kings prerogative is intrinsecal unto his Soveraignty and betrusted to him by God say the House of Lords And they most humbly submit themselves and their desires to the wisdâ—m of the King say the House of Commons even then when both Church and Common-wealth were in apparent danger of ruine and destruction And to return again unto the judgment of the Sages of the Law the former Author saith That the King is the most excellent * Bract. l. 1. c. 8. Majestas Intemerata pag. 38. Bract. l. 2. de Acquir rer domin c. 24. Stamf. r. 7. 11. Majestas Intemerata p. 32. part of the Common-wealth next unto â—od Again Dominus Rex habet ordinariam jurisdictionem dignitatem potestatem super omnes qui in regno suo sunt Our Lord the King saith the same * Bracton cited by Stamford lib. 2. cap. 2. Reasons of the University of Oxford against the Covenant sect 7. pag. 27. Bracton hath ordinary jurisdiction dignity and power over all which are in his Kingdom And ea quae jurisdictionis sunt pacis ad nullum pertinent nisi ad Coronam dignitatem regiam nec à Coronâ separari possunt And that therefore those things which are annexed to justice and peace belong to none but the Crown and dignity Royal neither can they be separated from the Crown We have heard the testimony of Lawyers yea and of the Law it self the dialect also and speech of Parliament and the judgment of those who have not by the way Dr. Bilson of Subj Rebel Part. 3. ed. Lond. 1586. p. 277. but ex professo handled this argument with the full witness of one of which number and that an eminent one I shall conclude this particular who speaking of the German Wars and of their Laws and ours saith Their States be free and may resist any wrong by the Laws of the Empire The German Emperor is elected and his power abated by the liberties and prerogatives of his Princes The Queen of England inheriteth and hath ONE and the same right over ALL her subjects be they NOBLES or others Now all the fore-mentioned allegations concerning the Person Power and Prerogative of the King and the subjection of all persons and our allegiance
Object whereof one contradicts himself is not a sufficient 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a firm footing to stand upon to shake not the earth onely but heaven also Bracton writing in Henry the third his time fol. 34. A. when the Barâ—ns had raised a Militia against the King saith indeed Rex habet superiorem Deum scilicet item legem per quà m factus est Rex item curiam suam viz. Comites Barones c. That the King hath a Superior namely God also the Law whereby he was made King also his Court to wit the Earls and Barons The like sentence verbatim almost is cited out of * lib. 1. c. 17. de justitiariis substituendis Declar. L. L. Com. Nov. 2. 1642. pag. 22. Fleta that the King had in populâ— regendo superiores legem per quam f ctus est curiam suam viz. Comites Barones c. But the former place in Bracton and so in Fleta is not meant of the Court of Parliament for there 's no mention of the Commons but it follows in the same place debent ei fraenum imponere they ought to bridle him Dr. Fearns's Conscience satisfied sect 4. pag. 17. 1248. It is likely he spake this in favour of the Militia raised against Henry the third for then he wrote and might call that Assembly of Earls and Barons then combined against the King Curiam the higher Court or Counsel But he contradicts this else-where not onely in that sentence Rex in regno parem habere non debet cum par in parem non habeat potestatem multò fortiùs non habeat superiorem That the King in his Kingdom ought to have no equal because one equal can have no power over another much less should he have any superior But also by other sentences quoted out of him above Somewhat perhaps like Cicero sometime with Pompey sometime for Cesar as not a few have been in our time Another also is cited who saith 2. Fortescue fol. 25. â— By the fuller answer to Dr. Fearn pag. 3. Ad hanc potestatem a pâ—pulo effluxam ipse habet quo non licet ei potestate aliâ populo suo dominari That the King by having this power flowing from the people is obliged so that it is not lawful for him to rule over them by any other authority Answ 1 But this assertion being back'd with no antient record or custom nor with any judged case or Act of Parliament yea contrary to the known process and practise of the Law and Acts of Parliament and general sentences of Lawyers cannot satisfie especially if we consider that if such power had flowen from the people yet as the King observes it doth not follow that it must therefore return unto them 2. Answer to the Remonstr of May 26. 1642. pag. 10. at least when and in what manner they will As in the case of the power of the Husband which first did flow unto him from the Wife but may not be resumed without breach of wedlock 3. 24 H. 8. c. 12. and that also adjudged lawfully The Law is otherwise which teacheth us That this Realm of England hath been accepted for an Empire governed by one supream Head unto whom a body politick compact of all sorts and degrees of people of the Spiritualty and Temporalty are bound to bear next unto God a natural obedience And that by the Law of nature and of the Land we owe Allegiance as we saw above Now this is not answered Reply to Dr. Ferm's answer sect 3. pag. 18. by saying ' By the preamble of the Statute it appears so to be made to prevent appeals to Rome and that by the supreme Head is meant such a one as is able to do all needful acts of justice which the King in his natural capacity cannot do and therefore must be understood in his politick capacity which takes in Law and Parliament For the whole body politick whether Parliament or People are governed and made subâ—ect to this Supreme Head and do owe unto him natural obedience And accordingly in His not in the Houses of Parliament's name though sitting do all judgments and executions of Law proceed The authority then of the two Houses of Parliament is the authority of the Body not of the Head by which even it also must be governed and against which it may not oppose it self 1 Tim. 2. For as he said I permit not a woman to usurp authority over the man but to live in subjection holds betwixt the political Spouse and Husband also I have done with the third 4. Case of Necessity To the fourth Motive the case of Necessity We must here note Thesin Hypothesin the general and the particular state of the Question 1. In Thesi and in general 'T is true Pleaders for Regal power do acknowledge that there may indeed fall out some cases wherein such designments may be warrantable As first Abbot de Anti-Ch cap. 7. n. 5. 6. in general when per patrias leges licere judicarunt Hîc verò politica res agitur Quid principi juris in subditos per leges cujusque reipublicae fundatrices permissum sit c. When they might judge that it was lawful by the Laws of their Country Now here the Question is civil and political namely What power is given to the Prince over his subjects by the fundamental Laws of each Common-wealth c. saith the Bishop of Salisbury Here Law is made the bottom in general but that Law must be produced that may be known In particular two or three cases are alleadg'd wherein onely it is found allowable Non alias igitur populo in eum potestas est Gull Barcla contr Monarchom lib. 3. prope sin quà m si id committat propter quod ipso jure Rex esse desinat Tunc enim quia se ipse principatu exuit atque in privatis constituit liber hoc modo populus superior efficitur reverso ad illum scilicet jure illo quod ante regem inauguratum in interregno habuit duo tantum commissa invenio duos inquam casus Horum unus est si regnum Rempublicam evertere conetur hoc est Aurel. Victor de Caesarib Sueton. cap. 49. cap. 30. si id ei propositum eaque intentio fuerit ut regnum disperdat quemadmodum de Nerone fertur de Caligula Talia cum Rex aliquis meditatur molitur serio omnem regnandi curam animum illico abjicit ac proinde imperium in subditos amittit ut * l. 1. ult D. pro. derelict dominus servi pro derelicto habiti dominium Alter casus est si Rex in alicujus clientelam se contulerit ac regnum quòd liberum à majoribus populo traditum accepit alienae ditioni mancipaverit c. And instanceth in Baliol King of Scots that subjected his Crown and Kingdom to Edward the first of England then
away 7 the Council-table regulated and restrained 8 the Forests bounded and limited 9 that ye shall have a Triennial Parliament 10 and more then that a perpetual Parliament which none shall have power to dissolve without your selves We should have thought this a dream of happiness yet now we are in the real possession of it We stand chiefly upon security 2. Security whereas the VERY HAVING of these things is a convenient fair security mutually securing one another Then is MORE security offered even in this last Answer of the Kings by removing the personal votes of Popish Lords by the better education of Papists children by supplying the defect of Laws against Recusants c. Wherefore Sir Note let us beware we do not contend for such a hazardous unsafe security as may endanger the loss of what we have already Let us not think we have nothing because we have not all we desire and though we had we cannot make a MATHEMATICAL security All humane caution is susceptible of corruption and failing Gods providence will not be bound Note success must be His. Every man here is bound in conscience to employ his uttermost endeavours to prevent the effusion of BLOOD BLOOD is a CRYING sin Note it pollutes a Land LET VS SAVE OVR LIBERTY AND ESTATES AS WE MAY SAVE OUR SOVLS TOO Now I have freely delivered my own conscience I leave every man freely to his Thus far that worthy Knight and I have been told by one acquainted with him and that did sometime visit him in his last sickness that he said That some of the most active men would not have been for the raising of Arms but that they had a strong opinion Mr. Hamâ— Mâ— Pym and others whom he named that the King had so little interest in the affections of the people that he would never be able to raise force to oppose them One occasion of the War And that he the said Sir Benjamâ—n Rudyard did labour earnestly to disswade them from that conception but could not Add hereunto in the third place 3. Gods Testimony Psal 111. Gods own active testimony as it appears against the courses pursued which is not lightly to be passed for as the Psalmist saith He doth so perform his works that they ought to be had in remembrance For although the Word of God and the particular determination of it unto our special condition by wholesome Laws is a sufficient light ' unto our feet and lanthorn unto our paths yet this Word receives much illustration and confirmation by his works both of nature and therefore these are joyned with it in the Psalm and of providence Psal 19. as Constantine the Great Observes Euseb de vit Constant l. 2. c. 25. viz. That believers had light enough by the Word to discern the true Religion from the false yet the working of providence in order thereunto did make the matter much more evident So in the present affair Ends of the War defeated for whereas there were but two main things for which the War was undertaken Religion and the Laws God seems to declare his judgment concerning our undertaking this way to defend them providence defeating us in both yea and that both after full victory obtained and quiet possession enjoyed Whence you may very reasonably believe Kings Letter from Breda unto the General April 4. 1660 that God is not pleased with the attempts that have been made since he hath usually encreased the confusion by all the success that hath been desired and brought that to pass without effect which the designers have proposed as the best means to settle and compose the Nation as a better hand hath notably observed 1. Religion First for Religion not onely the infinite growth of all even the most horrid opinâ—ons and sects and factions of such denying not onely the Lord that bought them 2 Pet. 2. as the Apostle speaks but the Principle it self the Scriptures together with the contempt of Gods worship it self as well as the established form thereof doth abundantly shew de facto that we have lost Religion but above all that unparallel'd Act for Toleration Proclamation for Toleratâ—on Feb. 15. 1654. that de jure we must lose it doth demonstrate And the precedent thereof that Ordinance of the Lords and Commons whereby the security of it the established Liturgy was removed Ordinance of Lords and Commons Jan. 3. 1644. and the Act against Recusancy repealed whereby the flood-gates for opinions and practices in Religion was thrown open since which that which was but then in semine is now in arbore and that such an one as all the unclean fouls under heaven came and lodged in the branches of it This for Religion Then for the Laws and our Liberties conteined in them 2. The Laws first the Court of Justice untruly so called did de facto and in deed extirpate that Court of Justice and pluck it up by the roots as seizing upon any mans estate liberty and life against Law and upon arbitrary power against the Great Charter But secondly it is avowed by him that of late assumed the Supreme Power that all our Laws and government was dissolved and that he might do de jure and of right what he pleased so the other ground and foundation of the War the Law was lost also And because in this cause he is a very authentick witness as having been so deep an actor in the motion we will hear himself speak and that in the face of the Nation in an Assembly of it which he call'd a Parliament that so God might openly shew us what we would not see before He saith Note Lord Protector 's speech Sept. 12. 1654. page 11 13. That those honest ends of our fighting were not attained and setled Again My power saith he by this resignation from the convention of a few called by himself was BOVNDLESS and VNLIMITED And upon the matter ALL GOVERNMENT DISSOLVED all civil Administrations at an end Again pag. 19. the Soldiery were a considerable part of the Nation especially ALL GOVERNMENT being DISSOLVED I say when ALL GOVERNMENT was thus DISSOLVED and nothing to keep things in order but the SWORD Where by the way you may perceive that the mystery of this iniquity even from the beginning and before there was a blow strucken did work For at the time when the Horses were lifting Note and mony and plate was brought into Guild-Hall discourse being betwixt him and one I know in my hearing touching the final resolution of power He saith That if the King did not do his duty 1. Resolution of Government in a Levellers sense it descended to the Parliament and if the Parliament did not do theirs it devolved to the People Now a few days before the death of the King being pressed in my hearing 2. The application why the Army should act such a thing and asked if
they were the judgment of the Kingdom He replyed Shew me such a body of people in the Nation as the Army is that have not forfeited their liberties and so implying that they might assume unto themselves the judgment of the Kingdom though in that case the Kingdom it self could not judge as was shewed above out of Mr. St. Johns speech because the Royal Person is exempt from vindicative justice So here in this speech all Government being as he said dissolved the Army were a considerable part of the Nation Nay by what follows that there was left nothing to keep things in order but the sword he might have said as before That they were the onely judgment of the Nation But this by the way though not out of it Again in the former speech The Judges saith he thinking pag. 21. that there was a dissolution of the Government did declare one to another Note The Judges that they could not administer justice to the satisfaction of their consciences untill they had received Commissions from me pag. 33. The Parliam And as touching the Parliament and the Militia the great Helena of our Trojan War The Militia whether to be in Parliament whether it should remain in the King or the Parliament have power of it he saith Whether the Parliament have not liberty to alter the form of Government to Aristocracy to Democracy to Anarchy to any thing if this THE MILITIA be fully in them Note yea unto all CONFVSION and that without remedy Lastly The Kings Negative voice pag. 34. as touching the Supreme Magistrate whose Person then he had usurped he saith I shall be willing to be bound more then I am in any thing that I may be CONVINCED of may be for the good of the people which point was like the Armour of Hector betwixt Ajax and Vlysses at the beginning of the War Corollaries from the former speech Now from these expressions we may observe 1. That the ends of the War Religion and Law were not attained but perverted 2. That the government of the Nation was dissolved in their judgment and not setled 3. Note That we were under an absolute arbitrary power 4. That in his judgment the Parliament ought not to have the Militia in them 5. And lastly That the Supreme Magistrate must be convinced in his own judgment before he yield to alter what by right he is possessed of in reference unto all which the War was undertaken But to close this point 4. Testimony of the Parl. grounds of the war declar Aug. 3. 1642. of the grounds of the war and to leave it with some further authentick demonstration and evidence The two Houses of Parliament in their Declaration setting forth the grounds of their takiâ—g up Arms published August 3. 1642. do represent onely three sorts of them viz. 1. either some former miscarriages of the Kings Government or 2. some preparations on his part to War with the incidents thereunto or lastly his refusal to grant their petitions especially that of July 16. 1642. containing their desire of the Militia the leaving Delinquents to their tryal the Kings return and concurrence with the Houses Together with the result of all these the danger to the Kingdom in Laws Liberty and Religion Now for the first of these the King had not onely acknowledged some of them as the dissolution of the Parliament before of the unhappy dissolution of the last Former errors in Government saith the King by the uninformation and advice of some persons looked upon now under another character Where they should remember that some miscarriages in government is incident unto all Princes yea all Governors whereof Dioclesian maketh a very serious complaint Vopiscus in vitâ Aurelian cit à Bucholc Chronol ad Anx. d. 304. Nihil est inquit difficilius quà m benè imperare Nam quatuor vel quinque viri se colligunt atque unum consilium c piunt ad Imperatorem decipiendum dicunt quod probandum sit Imperator qui domi clausus est vera non novit Cogitur hoc tantum scire quod illi loquuntur Facit judices quos fieri non oportebat amovet à Republicâ quos retinere debebat Quid multa Bonus cautus optimus venditur imperator There is nothing more difficult saith he than to rule well Four or five men associate themselves and take counsel together to delude the King they advise what is to be done A Note for Princes The Prince who is shut up at home knows nothing of the certainty of things but is constrained to know onely that which they acquaint him with He makes hereupon those Judges whom he ought not and removes those from government that he should not To be short a good provident and excellent Prince is bought and sold Thus he And the Parliament themselves were not a little abused by their informers Again the King acknowledges his failing in coming in person to the house of Commons to seize the five Members Kings answer to the Declation of May 19. 1642. p. 10. Edit Cambr. and saith As if by that single casual mistake of ours in form onely we had forfeited all duty credit and allegiance from our people We must without endeavouring to excuse that which in truth was an error our going to the House of Commons But besides these acknowledgments the King made real both amends and security for the future not onely by solemn promise but by passing such Acts of Parliament that did not onely remove the former grievances but also secure the subject for the time to come as we saw above both by the acknowledgment of the Commons in the Remonstrance of the state of the Kingdom among other things these The Monopolies are all supprest That which is more beneficial than all this is pag. 22 23 24. that the root of those evils is taken away which was the arbitrary power pretended to be in his Majesty of taxing the subject or charging their estates without consent in Parliament which is now declared to be against Law by the judgment of both Houses and likewise by an Act of Parliament now the Kings consent was there The evil Counsellors so quelled the Star-chamber the High-commission the Coâ—rts of the President and Council in the North are all taken away The immoderate power of the Council-Table is ordered and restrained we may well hope that no such things will appear in future times but onely stories Note to give us and our posterity more occasion to praise God for his Majesties goodness and the faithful endeavours of this Parliament The Canons and power of Canon-making are blasted by the vote of both Houses the exorbitant power of Bishops and their Courts are much abated the Authors or many Innovations in Doctrine and Ceremonies terrified the Forrests are by a good Law reduced to their right bounds the oppressions of the Stannary Courts the extortions of
Majesties last Message concerning the Militia p. 10. upon any pretence whatsoever without our consent saith he to raise any part of the Militia of this Kingdom Nor hath the like been ever commanded by either or both Houses since the first foundation of the Laws of this Land And though he produce * Proclamation of Jun. 18. 1642. Acts of Parliament for his power as 7 Edw. 1. and divers others together with the known practise of the Nation SECT VI. No means of Preservation SIxthly they object If no resistance be permitted to a State Senate or inferior Magistracy then is there no means left of preservation oftentimes which is against the Law of Nature when force is offered for that teaches and allows vim vi repellere to resist force by force But this rule is applicable to particular Answ 1 persons and so indeed admitted by these Authors and to private men self-preservation from violence is as much granted by the Law of nature to them of right as to a State Senate or Inferior Magistrates And what a gap is this to all disorder if the bellua multorum capitum should find this to be its strength 2. Again Id possumus quod jure possumus if God and Answ 2 the Laws deny us help Naz. Orat. 1. we have onely Nazianzen's way of victory left 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. I have one medicine against all maladies one way to obtain victory viz. to die for Christ Duâ—lies of the profess of Aberdeen to the Br. Answ dupl 2. n. 12. Matth. 26. which he spake when in the time of Julian's persecution the Christians were more in number and stronger of hand than the Heathens Our Saviour could have prayed for twelve Legions of Angels but he had no means to save himself from ruine Neither had the ten Tribes when Jeroboam and others oppressed them for the means of resistance which they used proved at all no remedy nor had the Kingdom of Juda 2 King 16. when mancipated and made subject by Ahaz unto the King of Assyria which it seems God owned for afterward when his Successor and the posterity of that generation rebelled under Hezekiah 2 King 18. they smarted for it and confess'd it though afterward upon a barbarous demand they had a just cause of defence against him All conveniences have their inconveniencies In a free Monarchy there is more safety but there is danger of some oppressions Matth. 19. If the case be so with the husband and wife Object it is not good to marry and better in a free state Resp First capiat qui capere potest those who are free may do so but we are obliged even by natural bâ—rth-right to this subjection 24 H. 8. c. 12. as the Act of Parliament saith and to the Laws of a free Monarchy But secondly Hom. Iâ— B. Arist Eth. l. 8. c. 12. Plat. de Regno Plutarch de unius in Rep. Domin Tom. 2. I say with Homer Aristotle Plato Plutarch and other Antients and Modern yea and with God himself who never govern'd his people any other way not by Aristocracy or a popular State but by some One either temporary as the Judges were or permanent who according to the Laws exercised sole government even Samuel himself that 't is both the greatest safety as well as the greatest Honor not onely to a Church but also to a Common-wealth Isa 49. that Kings should be its nursing fathers and Queens its nursing mothers Quod enim praestabilius est Plin. Panegyr Trajan dâ—ct à principio aut pulchrius munus deorum quà m castus sanctus diis simillimus princeps For what saith mine author can be a more profitable or honourable gift from heaven than a moderate religious and God-like Prince c. But of this else-where But to be sure Note after God did establish a setled government among his people it was that of a Monarchy and that a free one too as * Ut humana gubernatio divinae quà m simillima sit Ficin Arg. in Plat. de Regno 3. coming nearest to the image of his own government Lastly It is very rare if at all truly to be exemplified except perhaps in Caligula or Nero that a Prince will endeavour the ruine of the Common-wealth of the Government indeed he may but not of the Common-wealth for then over what shall he reign and whom shall he govern King John King John would have subjected the Kingdom to the Pope as Ahaz did his unto the King of Assyria but both of them thought they did it to preserve 2 King 16. not onely their own interest but also their Kingdoms which they conceived would be in peril to be ruined else This for their sixth mistake SECT VII This will tempt Princes to become Tyrants I Come now to the last viz. That if Kings do know their subjects are so principled as not to dare in conscience to resist no nor the State or Parliament it will open a wide gap to Tyranny and all oppression But first it is certain that God set up this Government Answ 1 as best among his own people to whom he gave no power of resistance and the Princes knew the people so to be principled surely the Loâ—d foresaw a greater mischief in any other government than this hazard Again The Answ 2 Roman Emperors did know that the Christians were principled not to resist both by the Scriptures Justin Mart. Apol. 2. Tertul. Apologetic and their profession and practise insomuch that Julian jeers them for it and says they must turn the other ear Yet Christ who gave this precept and the Apostles who also exemplified it did foresee what ill use might be made of it but not so bad as of the contrary viz. the permission of resistance Thirdly Some Princes that knew their absoluteness and professed it in reference to accomptableness Answ 3 unto their subjects yet have professed and generally practised the obligation of themselves unto the the Laws King James for example Law of Free Monarchies Edit Lond. 1616. pag. 200 201. Their obedience the subjects I say saith he ought to be to him their lawful King as to Gods Lieutenant in earth acknowledging him a Judge set by God over them having power to judge them but to be judged onely by God whom to onely he must give count of his judgment following and obeying his lawful commands eschewing and flying his fury in his unlawful without resistance but by sobs and tears to God c. But yet in the same work he saith Law of Free Monâ—rch Albeit I have at length proved that the King is above the Law as both the Author and giver of strength thereunto yet a good King will not onely delight to rule his subjects by the Law but even will conform himself in his own actions thereunto c. So this Prince And why should we think that the Author of such power putting
of the Old and New Testament The Church of England receiveth the Canon of Scripture according to the antient Church exactly as the Church of England doth Secondly that he saith that is secundum majorum traditionem ex patrum monumentis That it is according to the tradition of the Church and out of the writings of the Fathers Whereby we see the Church of England follows antiquity in reception of the books of holy Scripture more truly than the Church of Rome doth But this obiter and the way Again Bullinger citeth the judgment of Bibliander Bibliander de opt genere interpretandi Hebraica whose words are Ecclesiasticos libros etiam Hagiographa nominant sancta scripta Quae etsi non habent idoneam authoritatem roborandi ea quae in contentionem veniunt ut Canonici Scriptores non tamen rejiciuntur ut Apocrypha qualis fuit prophetia Eldad Medad c. Ecclesiastici autem lâ—bri etiam in Scholam auditoria fidelis populi admâ—ssi sunt tam venerandi multis ut Judith etiam in ordinem canonicae Scripturae à quibusdam reponatur Which having the same sense I forbear to English Onely he saith that the Book of Judith was by some accounted Scripture I suppose he meaneth Origen which I think may as little claim that priviledge as any other Lastly Bullinger goes over every book of them and shews the benefit that the Church may reap by the reading of them And saith We may better learn the form of Houshold-government out of Tobit and Judith and the Ethicks or rules of good living out of Ecclesiasticus and the book of Wisdom than out of Plato Aristotle and Xenophon And the way of a religious Soldier out the Maccabees And of the first book of them he saith Ac tanti omnino hic liber est ut boni illo non possent citra jacturam carere That it is verily of such worth that a good man cannot without loss be without it Which is consonant unto that of King James speaking of the same book Conf. Hamp Court pag. 61. viz. Who shewed the use of the Maccabees to be very good to make up the story of the persecution of the Jews c. And of the History of Bel and the Dragon Bullinger saith Viderint autem qui eam historiam pro fabula damnant quibus nitantur Authoribus Ego video Historiam refertissimam esse multiplici fructu eruditione Let them look to it saith he what Authors they rest upon who condemn it for a fable I observe it to be a History full fraught with fruitful instructions And he names what In a word his whole discourse on these books is worth reading And it is to be noted that this was with the allowance of the rest of the Ministers of Tigur where this book was printed Necessit Reform pag. 20. Basilic Doron But the authority of King James is by some Brethren objected against the Apocrypha viz. As for the Apocrypha books I omit them because I am no Papist and indeed some of them are not like the ditement of the Spirit of God Answ Thus say they the King But it seems time and reading had further ripened the Kings judgment in that point For afterward when he upon great occasion solemnly delivered his judgment Confer Hamp Court second day confer p. 61. è Cathedrâ in reference to the satisfaction of his whole Kingdom this was the result His Majesty in the end said He would take an even order between both Affirming that he would not wish all Canonical books to be read in the Church unless there were one to interpret nor any Apocrypha at all wherein there was * He explains himself presently in allowing the book of Maccabees wherein he acknowledgeth some errors any error But for the other which were clear and correspondent to the Scripture he would have them read for else said he why were they printed and therein shewed the use of the book of Maccabees very good to make up the story of the Persecutions of the Jews but not to teach a man to sacrifice for the dead or to kill himself Thus far the King whâ—ch if the Brethren knew they did not well to cover and if they knew it not and were not vers'd in the most authentical books and writings of this nature as that Conference is a special one they were not fit to deal in such an Argument So also in the same place of the same Conference pag. 61 62. the King opened and defended a passage in Ecclesiasticus one of the Apocryphal books objected against as unsound and closes all with this salt quippe to the opposers What trow ye makes these men so angry with Ecclesiasticus by my saul I think he was a Bishop c. You see with what judgment the Brethren have quoted the King against the Apocrypha and yet as a crowing argument they insist upon it Again Object 2 Hierom. Ep. ad Laetam Tom. 1. St. Hieron is also produced as a witness against these books viz. That he should advise a Lady say they caveat omnia Apocrypha that she should take heed of all the Apocrypha Answ There are several causes of mistaking and mis-representing of an Author as 1 That men rest on Quotations Causes of misunderstanding and mis-representing of an Author and read them not themselves 2 That they understand not the language and Idiom of the writer 3 That they weigh not his scope and drift 4 That they ponder not the context 5 That they compare not one place with another 6 That they consider not the circumstances time place c. 7 That they consult not others that may illustrate him Then for misrepresenting him 1 That they make no bones of it 2 That they conceit they shall not be seen by every eye 3 And that when they be they have a brow to bear it so what they say may serve the turn at present It so fares here For if the Brethren read the place they quote in Jerom it is sure they understood not what he meant by Apocrypha Erasmus therefore on the place shall teach them Inscribuntur Petro Paulo nonnulla ipsi Christo Erasm in Hierom â—p ad Laetam num 79. veluti epistola Jesu ad Abygarum regem They are saith he ascribed to Peter to Paul and some to Christ himself as the Epistle of Jesus unto Agborus Where you see that Jerome did not mean by the Apocrypha onely the Books joyned with the Old Testament but those also yea those especially that were affixed to the New Again They did not weigh Jerom's scope for it was onely to instruct a young Girl in reading in that place not to shew what the Church might do or did Fourthly They did not compare this passage with others where he expresseth himself ex professo As where he speaks of the Books which bear Solomons name but are not his used to be read
Vide Epist l. 2. Tom. 8. with all his Titles and hath other Epistles also wherein hee stiles him and Bishop Jewel likewise Bishops and Prelates 5. Melancthon often Valde reprehendimur à nostris quod jurisdictionem Episcopis reddidimus Nam vulgus assuefactum libertati Epist. l. 5. Ep. 15. Lutheâ—o semel excusso jugo Episcoporum aegre patitur sibi rursum imponi illa vetera onera maximè oderunt illam dominationem Civitates Imperii De Doctrina Religionis nihil laborant tantum de Regno libertate sunt soliciti Again Cives tui ex Norico valde succensent nobis quod reddimus jurisdictionem Episcopis Fremunt alii socii indignantur Regnum Episcopis restitui Lib. 3. Ep. 178. Vito Theodoro Ego tamen etiam duriores conditiones arbitror nobis accipiendas esse propter publicam Ecclesiae tranquillitatem concordiam sed FATALIS aliqua necessitas urget Germanos Again Utinam utinam possim non quidem dominationem confirmare sed administrationem restituere Episcoporum Lib. 4. Ep. 104. Camerario video enim qualem simus habituri Ecclesiam dissolutâ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ecclesiastica video postea multo intollerabiliorem futuram tyrannidem quà m antea unquam fuit adhuc nihil adhuc concessimus adversariis praeter ea quae Lutherus censuit esse reddenda re bene ac diligenter considerata ante conventum Again Quo enim jure licebat nobis dissolvere 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ecclesiasticam si Episcopi concedent illa quae aequum est eosco c dere ut liceat certè non expedit semper ita sensitipse Lutherus Quem nulla de causa quidam ut video amant nisi quia beneficio ejus sentiunt se Episcopos excussisse adeptos libertatem minimè utilem ad posteritatem Again Velim hoc tibi persuadeas de me deque multis aliis nos optare Ep. ad Episc Augustin Dupl Aberd. 12. P. 115. ut pace constitutâ Episcoporum potestas sit incolumis hanc plurimam prodesse Ecclesiis judicamus We are saith hee much reproved by men of our own side because wee have restored their jurisdiction unto the Bishops For the people being accustomed to liberty and having once shaken off the yoak of Bishops can hardly indure those old burdens to be laid on their shoulders again But those who especially hate that Government are the Cities of the Empire As for the Doctrine of Religion they minde it not only of Lordship and Liberty they are solicitous Again Thy Towns-men of Noricum saith hee to another are very angry with mee for restoring jurisdiction to Bishops other of our friends are in a rage also and are highly offended that the Government is restored to the Bishops But for my part I think that even harder conditions should be accepted by us for the publick peace and tranquillity of the Church But there is a kinde of FATAL necessity that hurries on the Germanes Again O I would to God I would to God I were able to restore unto the Bishops not indeed their Lordly domineering he means such as were exercised by some Popish Bishops but their jurisdiction and government for I perceive what kinde of Church wee are like to have when the Church Politie and Discipline is dissolved Note And I perceive moreover a much more intollerable tyranny in the Church like to arise than hitherto hath ever been we have as yet yeelded nothing to the adversaries Note more than Luther himself judged fit to be restored after hee had weighed the matter with diligence and care before the Convention Again By what right can we lawfully dissolve the Church Government whilst the Bishops will yeeld unto us what they ought to yeeld And if it were lawful yet surely it is not expedient And so Luther ever thought whom I perceive some do love for no other cause in the world but for that they see by him they have shaken off Episcopacy and gotten a liberty no way useful unto posterity Again I would have thee think saith hee to the Bishop of Ausburg and perswade thy self concerning mee and many others that wee desire that peace being settled the power of Bishops may continue unshaken And this their power wee judge to be specially useful for the Churches Thus hee as for the Tyranny hee speaks of it happens to the Church as to the State sometimes For Example The Keepers of the Liberties of England was a specious title yet wee know they left us not a dram of Liberty indeed So it is easie for Tyranny to arise in the Church under a new name and a Wolf in a sheeps clothing But as the former Author saith in the same place Zanch. ubi supra Why contend wee about Names when as hee hath truly noted the Necessity and Use of Episcopacy as to the thing and office is acknowledged and improved in all Christian Churches I have done with Zanchy Let mee subjoyn one more and hee of special note and which wee should the more observe him for Bucer de Regno Christi lib. 2. cap. 12. pag. 67. one of the English Reformers though a foreiner it is Bucer whose praises wee heard above lib. 1. cap. 1. Hear him once and again First Note in that book which hee wrote and dedicated to King Edward the sixth for the special use of this Church and Nation and it were well it might be a little looked into the more whose Title is of the Kingdome of Christ Hee saith Jam ex perpetua Ecclesiarum observatione ab ipsis jam Apostolis videmus Visum hoc esse Spiritui sancto ut inter Presbyteros quâ—bus Ecclesiarum procuratio potissimum est commissa Unus Ecclesiarum totius sacri Ministerii curam gerat singularem eaque curâ solicitudine cunctis praeat aliis Qua de causa Episcopi nomen hujusmodi summis Ecclesiarum Curatoribus est peculiariter attributum Tametsi hi sine reliquorum Presbyterorum Consilio nihil statuere debeant Qui ipsi propter hanc communem Ecclesiae administrationem Episcopi in Scripturis vocentur Hi enim sicut dignitate demandata primaria Ecclesiarum solicitudine reliquos omnes sancti Ministerii ordines antecedunt ita debent voluntate studio Ecclesias rite administrandi prae omnibus aliis flagrare omnique facultate eas aedificandi praepollere Now saith hee by the perpetual observation of the Churches Note Episcopacy from the Holy Ghost from the very Apostles it seemed good to the Holy Ghost that among the Presbyters to whom the care of the Church is chiefly committed there should bee One who should specially sustain the cure and Government of the Churches and of the whole sacred Ministery and in that care and burden to be before all other For which cause the name of Bishop is attributed more peculiarly to these chief highest Rulers of the Churches although they without the counsel of the
admit all those to govern whom in that very question and the answer to it they did intend to oblige to subjection and obedience So gross is the Brethrens conscience to dare to utter and their confidence to think that so palpable a Calumny would pass undiscerned yea so ridiculous their hopes as to fancy it would bee beleeved To the third viz. that out of the Liturgy Proof 3 Because it is said in the Rubrick before the Communion Liberty given to the Minister by the Liturgy touching Communicants that the Minister is authorized to restrain notorious offenders from the Sacrament till they have openly declared themselves to have repented The Brethren query What is this but as much and as high jurisdiction as any Bishop can use in that particular Answ But first how shall wee make a coat for the Moon sometime they struggle as even lately if not at present for more power about the Sacrament and when my self mentioned this Rubrick unto one Mr. J. Cas that is no Cypher among them hee said it was not sufficient Again if the Brethren are by Law already instated in as much jurisdiction as any Bishop can use about the Sacrament and that is the greatest point why rest they not in it why blaspheme they the Common-prayer-book wherein it is contained why do they so wrestle imponere pelio ossam And make the Church and State as blocks to be For steps to mount unto their Prelacy But thirdly There are some Acts common in all governments and some proper A petty Constable may charge any man upon a warrant to assist him as well as the Sheriff of the County upon a writ Some kinde of share in government and exercise of Discipline was never denyed to a Minister as a Minister no more than a share with the Bishop in Preaching of the Word But Jurisdiction is a word of a louder sound than Discipline and the Government of the Church than some kinde of restraining a particular communicant Although those Acts belong to Government and are exercised by private Ministers yet they are about lesser things And also it is by concession and delegation not to bee challenged I think of right otherwise than as the officer of the Church appointed in her name to do that which of himself and as a private Minister hee could not do For then there must bee not as the Brethren say if the Bishops have sole Jurisdiction so many Popes that is six and twenty but sixty times six and twenty Popes in England For every Minister might then exclude whom hee pleased from the Communion and exercise an absolute tyranny upon the people And so much of their third proof Their last is from Law Proof 4 which because I do not understand it much that it belongs unto the Judges to determine Answ That the Bishops have appealed thereunto that my self have said above something to that point That * Vid. Tract of the R. Bp. Linc. now published of the Legality of the Bishops Courts c. Wherein the Kings Proclam and Judges sentence are recited it is declared already by the sentence of all the Judges Enrolled in the Courts of Record and by his late Majesties Proclamation and that it is like shortly to be further determined I supersede from further answering although I could Onely I may not pass the great inconsideration of the Brethren with so much virulency resisting the useful restitution of the Bishops into Parliament which is the interest of Christ himself of the Ministry and of the Kingdome First Though we are blessed be God all Christians yet our masters cause will probably bee minded a little more intently by those whom hee hath commissioned for that purpose the Ministry the honour and flower whereof are the Prelacy Again other persons have a vote in Parliament more immediately by their proxyes Why England should observe Episcopacy the Clergy none but in the Bishops Lastly The publick interest to bee concerned may well bee thought from not onely that engagement of thankfulness that lyes upon it unto Prelacy under whose Government and by whose Influence and through the effusion of the blood of whose members Religion hath been restored nor onely in regard they were by the Antient Laws even the first members next the head for the form was The Kings Majesty the Lords Spiritual and Temporal Nor onely in respect perhaps of some higher ingagements But from our experience the Mistress of fools For first neither King Lords nor Commons continued in power long after the Bishops ejectment And next hitherto wee have had no face of a Church no certainty of Doctrine no observation of Worship no exercise of Government to speak of but all things have gone to Babylonian confusion and antique Chaos Discite justitiam moniti The Phrygians will not learn till lasht they be If that amend us not then worse are wee I shall for close touching the Civil honour annexed unto Episcopacy in this Nation Zanch. confess cap. 25. Aph. 21. subjoyn the conclusion and judgement of the learned Zanchy and that in the confession of his Faith The conclusion is Episcoporum qui principes sunt politicam authoritatem non negari That the Civil Authority of Bishops which are also Magistrates or Princes is not denyed The explication follows Interim non diffitemur Episcopos qui simul etiam principes sunt praeter autoritatem Ecclesiasticam sua etiam habere jura politica Secularesque potestates quemadmodum reliqui habent principes jus imperandi secularia jus gladii nonnullos jus elegendi confirmandique Reges Imperatores aliaque politica constituendi administrandi subditosque sibi populos ad obedientiam sibi praestandam cogendi c. That besides their Ecclesiastical Authority they have also Civil Rights and SECULAR Powers and may constrain obedience unto such their powers c. which hee contradicts not in the observations Neither doth hee contradict it in his explication of that Aphorism And that place Mat. 20.25 It shall not bee so among you is understood by some to concern all Christians saith hee neither doth hee refute it SECT VI. The close of the Church-Controversie HAving thus far passed through all the five heads of motives unto Separation viz. The Doctrine the Worship the Assemblies the Discipline and the Government with replies unto them and having also vindicated them according to my weak arm by the sword of the spirit against the opposers of them I come now to close this whole dissertation His present Majesty hath indulged to the Brethren and their adherents very much in all the Premises May it prove successeful But his Grandfather King James having tasted of this Solunne geuse and wilde fowl whilst in Scotland and being pressed at his first coming as His Majesty now to the like here hee utters his judgement upon observation of Gods presence with this Church and Nation in these words We have seen the Kingdome under that form of Religion