of the Church l. 1 c. 1.2 Bolititians anâ— Divines assert and the Scripture manifests gives every Father a Magisteriall and Legislative power over his Children Progeny Family now the Steward cannot have any lawfull Authority without him to impose Lawes on the rest of the Family without his consent as is generally acknowledged Therefore the Commons being but the Stewards of this great Family of England of which the King is the Father Hee that hath but common sense will conclude can be no Parliament alone without him nor can they have any lawfull Authority to impose any binding-Law upon the rest of the Family that is the rest of their fellow Subjects without his assent This Law then of the Commons alone is not Binding 4 That the Commons alone are no Parliament and therefore no lawfull-Authority but that the King and Lords are requisite to make up a compleat Parliament is confirmed by Prescription and Custome from the very first beginning of Parliaments in this Kingdome till this present there being no one president to bee found in History or Record of any Parliament held in this Island without a King Personally present or representatively by a Protector Custos Regni or Commissioners and Lords or Peeres as Ingulph Beda Hecter Boetius and Speed among our Historians Antiâ—â—uitates Ecclesiae Britanicae Spelmanni Concilia Tom. 1. Sir Edward Cooke in his Preface to the 9. Report and Institut 4. c. 1. Mr. Seldens titles of honuours part 2. c. 5. Truth triumphing over Falshood Antiquity over Noveltie p. 56.90 and Mr Lambert in his Arohaion doe all beare witnesse Six (g) Com. of England 〈◊〉 61 Thomas Smith (h) Hoâ—â—â—shed Vol. 1. c 6. p. 173. Ralph Hollinshed (i) Cambden Bâ—â—ta p. 177. Mr. Cambden Powel in his Attorneys Academy and divers others unanimously conclude That the Parliament consists of the King Lords and Cominons which three represent the Body of all England which make but one Assembly or Court called the Parliament and is of all other the highest and greatest Authority and hath the most high and absolute power of the Realme Mr. Crompton in his Jurisdicton of Couâ—ts fol. 1. affirms That it neither is nor can bee any Parliament without the King and Lords This Court saith he is the highest Court of England which the King Lords and Commons doe all joyntly make up and then Resolves against these desperate Resolvers That no Law can bee made to binde the Subjects without all their concurrent Assent The Commons alone therefore are no Parliament and consequently have no Lawfull Authority This Law then of the present Commons is not binding Thus have wee proved by the knowne Lawes of the Land That the Commons alone have no Lawfull Authority to Constitute any Law and that therefore this Law is not binding This promised Next because it concernes Ministers let us see whether it bee binding by the Law of God or according to the Rule of his Word That Law which doth Command any thing which the Word of God doth Forbid or Forbid any thing which the Word of God doth Command is not binding But this Law doth both Command that which is Forbiden and Forbid that which is Commanded in the Word of God Therefore this Law doth not bind That this Law termed the Resolves doth Forbid that which is Commanded in the Word of God and Command that which is Forbidden Thus I Prove The first Precept is this If any Minister that is no Minister shall c. This Precept Forbids Ministers to Preach or Pray against their Proceedings Now the Ministers Consciences are fully satisfied that some of their Proceedings they being as is proved no Lawfull Authority are against the Law of the Land and consequently against the Law of God for the knowne Lawes of this Land are all grounded upon the Law of God As the cutting off the late King's Head the abolishing Monarchy and erecting a populer Government of themselves and creatures with divers other infringements of the Fundamentall Lawes of this Kingdome just rights of the Crowne and Liberty and Propriety of the Subjects those severall Orders and Ordinances Protestations Covenants and Oathes which they have first thrust upon and forst the People unto and then not only broken them themselves but also compelled or corrupted others to commit the same impiety for which the Land mournes yea all their courses is evill and their foote is not right * Jer 23.10 and therefore to bee both Prayed and Preached against by the Ministers or dispensers of the Word of God which Commands them so to doe * Ezech. 33.7.8 Isai 18 1.2 Ezeck 2.3.4 c. 2. Tim. 4.2 And Gods Word doth Command this because God would have it knowne that though the Power of Law-makers were unquestionable which of these Resolvers is not yet that the consideration and determination whether such Lawes as they prescribe bee agreeable to or against Gods Law belongs to the Minister as is evident * Deut. 17.8.9.10 If there arise a matter too hard for thee in Judgment c. And thou shalt come unto the Priests of the Levites and unto the Judge * who shall give Sentence 〈◊〉 the Priests shall Counsell him by the law of God that shall bee in those daies and aske and they shall shew thee the sentence of Judgement And thou shalt doe according to all that they informe thee According to the Law which they shall teach thee c. Compare their Resolves with this part of Scripture and tell me whether they doe not in the first Precept Forbid that which this Commands So likewise in the Prophet Malachy the word of God saith thus And ye shall know that I have sent this Commandement unto you Malâ— 1.4.8 That my Covenant which I made with Levi might stand to put the Law of Truth in his Mouth That his Lips should preserve Knowledg and that the People should seeke the Law at his Mouth for he is the messenger of the Lord of * Isai 58.1.2 Host These Lips God's word commands them to open and to speake with this Mouth That Law then which Forbids these lips to open and this Mouth to speake doth Forbid that which the Word of God Commande But this first Precept doth seale up the one and stop the other Silenceing the Ministers a Crime so inexpiable in the Bishops Therefore this Law in respect of this first Precept is not binding Which I shall prove not binding also in respect of their second Precept for that both forbid that which St. Paul commands * 1. Tim. 2. â— 2 and commands in these words otherwise then as the Enemies to this Common-Wealth that which God himselfe forbids * Exod 21.28 Eccles 10.20 Therefore this Law in respect of this second Precept also is not binding Now to prove that it is not binding in respect of the last I desire you to read * Isaiah 58. Zechariah â— and compare them with their proceedings
A BRIEFE-ANSWERE TO THE LATE-RESOLVES Of the Commons Assembled in Parliament Concerning Ministers their Preaching and Praying AMOS 2.12.14.15 Yee Commanded the Prophets saying Prophecy not Therefore the strong shall not strengthen his force neither shall the mighty save his Life Hee that handleth the Bow shall not stand neither shall hee that rideth the Horse escape AMOS 3.8 The Lord hath spoken who can but Prophesy 2 TIM 4.2.3 Preach the Word Improve Rebuke For the time will come when they will not suffer wholsome Doctrine but having their eares itching shall after their owne Lusts get them an heape of Teachers LONDON Printed 1649. The Praeface THOUGH the wildnesse of thâ—se three Resolves which 〈◊〉 their own drâ—sse doâ— sufficiently discover the distempered humors of the Resolvers and the distracted â—taines of the Person or Persons that propounded the Questions or to speake the proper language of the â—east Rev. 13.1.4 put them to the Voâ—â— be apparent to thâ—se ingenâ—ous Spirits who are able to discâ—rne or estimate the weight of sound or solid Demonstrations and so might have saved me or any other the labour to oâ—â—vate them for â—s and discover their Diametricall-Opposition iâ— the Law of God and the practise of his Servants 〈◊〉 Yet because the iniquity of our degenerated Age the Frenzie of the interâ—â—â—ed ignorant Vulgar is such as makes them apt to grant all for Lawfull and Just which they Resolve and Publish because of their present Height and Greatnesse Therefore I concluded that I was bound in Conscience to give Testimony to the Trâ—th from which 〈◊〉 Authority whatsoever much lesse that which is usurped should make â—s swerve which encouraged me to undertake the Taske so to un-deceive the deceived bring into the way of Truth those that have erred or been seduced and stay all others from entring those dangerous paths into which by these Resolves they may else in the simplicity of their hearts â—e misled which if it effect I have gained the end of my Desires and the Purchaser of this short Answere will be no loâ—ser by the Bargaine The Resolves of the Commons c. THOUGH the Face be Resolved yet the Body is a Law For it consists of those two parts which constitute it such Precept and Penalty The Precept of it is three fold the Penalty One and the same This Piece labours to enervate the power of the Precepts by discovering the groundlesse foundation of the Law and proving it invalid not binding This performed I will not none need to be afraid of their Bug-beare Penalty That Law is not binding which is not Constituted by a lawfull-Authority The Commons assembled in Parliament aloâ—e are no lawfull-Authority Therefore this Law called Resolves Constituted by the Commons assembled in Parliament alone is not binding That the House of Commons alone though as they are at present wee may deny them to be any House at all but a * Ezech. 2 â— Rebellious-House is no lawfull Authority may appeare cleerely unto all unbiased Judgements if they take notice of these Reasons The Commons alone are no Parliament and therfore no lawfull Authority without the King and Lords For First by and in the very primitive Constitution of our English Parliaments it was most unanimously agreed by the kingdoms and Peoples generall and uncompelled consent that our Parliament should be constituted and made up not of Knights and Burgesses only elected by Free-holders [a] H. 6. c. 7. â—0 H. 6. c. 2. â— H. 6. c. 15 â—rompâ—on Jaâ—isdict p. 1.2 â— cooke 4. Inâ—â—t c. 1. and Burgesses not by the generalite of the vulgar People who doe now claim and usurpe this right of Election as these Resolvers doe of Law-giving but likewise of the King the [b] Cooke Inâ—it c. 1. u. 1. â— â—â—dus tenendi Parliamentum â—â—ompton Juâ—isdict of â—ourts Tit. â—arliament At. Seldens â—it honour par â— 6.5 Supreme Member for by his Writs the Parliament were to bee summoned and of the Lords Peeres Barons and great Officers of the Realme who also ought of right and for the perfect Constitution and making up of a Parliament to Sit Vote make Lawes and give Judgement And all our Law-bookes [c] 33. H. 6.6.9 E. 3.7 〈◊〉 Parl. 4. â— H. 7.18 â— H. 7 14. â—remptons Juâ—â—sdict p. 9 â—udge Huttons â—â—gument of 〈◊〉 Hembdens â—â—se p. 32.33 doe Resolve that without this three-fold concurrent assent there is not neither can there be any binding Law made Therefore this Law made by the Commons alone without the concurrent assent of the other two Members is not binding 2. That the Commons alone are no Parliament but that the King and Lords with them make up a compleat Parliament is apparent by Hutton's Argument of Mr. Hampden's Case pa. 32. 33. Judge by the practice in all Empires and Kingdomes of the World as is cleere by these Texts of Scripture 1 Chro. 1.2 Ch. 28.1.2 c. Ch. 29 6.24 2 Ch. 5.3.5 2 Ch. 23.2.3.20.21 Ch. 30.2.3.6.12 Ch. 34.29 Ch. 25.7.8 Nehe. 9.38 Ch. 10 29. Esther 1.13 22. Dan. 3.2.3 2 Ch. 29.30 Ch. 32.3 Ezra 9.1 C. 10.8 1 Sa. 5.8 Ch. 29 3.10 Psa 68.27 Pro. 8 15.16 Isa 19.11.12.13 Jâ—r 17.25 Ch. 26.11.16 Ch. 36.12.14 C. 37.14.15 C. 38.4.25.27 Dan. 6.1.6.7 Jonah 3.7 Psal 2.2 Isa 1.23.26 That in all Empires and Kingdomes in the World their Princes Nobles Lords and great Officers of State have been accounted necessary for the Constituting their compleat Parliaments and Generall Councells of State is cleere I say by these texts of Scripture compared together and by all Historians and Politicians testimonies and in this Kingdome many hundred yeers before the Conquest as modus tenendi Parliamentum [d] Epos To his Report Inâ—â—â—â—es on Litâ—â—ton p. 110. 〈◊〉 Instudâ—es c. â— Sir Ed. Cooke and [e] Mr. Seldens â—â—cles of honor â—er 2 c 5. â—ere this is aâ—â—ndantly maâ—â—fested â—elâ—â—anni Conâ—â— â—om 1 â—â—ruth trium â—â—â—ng over fals â—nd Antiquiâ—â— over Novelâ—â—â— p. 36 c. â—â—e Free-holâ—â—rs grand Inâ—â—est P. â— 20. others write and our Historians Record Therfore whatsoever the one doe without the assent of the other two is not binding because without the Presence of all three one alone is not a compleat Parliament neither is the Authority of one alone Lawfull This Law then made by the Commons alone is not Binding 3. The Commons alone are no Parliament and therefore no lawfull Authority without the King and Lords because they cannot prove themselves to be a Parliament alone and so to have lawfull Authority to impose binding-Lawes by any Law of God either in the old or new Testament for they both contradict it By no Law or Statute of this Kingdom or Nation which absolutely disclaim it and enact the contrary By no Prâ—scription Custome or Usage which are all against it No nor by the originall Law of Nature For the Law of Nature as f] Aristoâ— pol. l. 1. Bodin de Rep. l â— c 2.3.4.5 Dr. Field
and daies of Publique Humiliation or Fasts Now God expressly forbids the keeping or observing such a Fast * Isai 58.4.5 But this third Precept commands the keeping and observing their Fasts though it bee apparent they are the same Judge therefore whether this Law bee binding or no in respect of this third and last Precept The Angell of God commanded * Acts 5.20 the Apostles to Preach which they did * vers 21. The Councell and the Elders of Israel sent a Captaine with Officers who apprehended them and set them before the Councell * vers 26. 〈◊〉 They by their Speaker said Did not wee straightly command you that yee should not Teach in this Name and yet behold yee have filled Jerusalem with your Doctrine and yea would bring this man's blood upon * vers 2â— us Here were Resolves of a grand Councell forbidding that which God had Commanded Therefore the Apostles look't upon their commands as not binding though a Lawfull Authority And therefore returne this short Answer Wee ought rather to obey God then * vers 29. Man That Primitive-Christian-Persecuting-Councell hath our Orthodox-Protestant-Tormenting house of Commons imitated in their proceedings with the Ministers of this Age Therefore their answer to these their Resolves may bee the same with theirs Wee ought to obey God rather then Men though they should with that Councell aâ— the hearing thereof burst with anger and Consult to slay * vers 53. them I should in Charity advise them to take Gamaliels Councell in that Chapter * Act. 5. of which I make this transition Yee men of England who call your selves the Commons Assembled in Parliament take heede to your selves what yee intend to doe touching these men the Ministers of Gods * vers 35. word Refraine your selves from them and let them alone least you bee found fighters against God vers 39. For though you should beate them and command their silence yet you shall find that they will depart from your Councell rejoycing that they are counted worthy to suffer from you for declaring their Consciences yea mauger all your proud threats they will preach daily in the Temple [*] Psal 141.6 without ceasing against your ungodly procedings and in opposition to your Resolver putting on the Resolution of holy David pray against your wicked and Rebellious practizes Nay 〈…〉 by God himselfe in the person of Ezechiel they will not feare you nor be afraid of 〈…〉 â—â—â—â—ugh Rebells and Thrones [*] Ezek. 2. â— â— 6 be among them and they remaine with Scorpions They will not feare your words nor bee afaid of your lookes for they know you are a Rebellious House and you shall know there hath beene Prophets amongst you But whatsoever the Ministers say as for these desperate Resolvers wee may truely say of them what God said there of that stiffe hearted and Rebellious Nation Surely they will not heare Ezek. 2.5 neither indeed will they cease for they are a Rebellious House which appeares by these their Anti Monaâ—chy Resolves In all ages it hath beene the treasonable and destructive designe of those who by popular insinuation treâ—cherous Policy bloody practizes or powerfull Ambition have postâ—sled themselves of anothers Right to cut off all meanes and hinder all discourse by which their unjust usurpation may be detected or it may bee knowne whose the Right of succession is Thus Jerâ—â—â—am having by Rebellion got the Kingdome of Israell into his possession by an irreligious policy prevents their returne to their former allegiance and subjection to their lawfull * 1 Kings 1.172 28. King Thus also Athaliah [*] 2 Kings 11. â— after the Death of the King having got possession of thâ— Throne to confirme that her usurped raigne shee destroyes as many of the seed Royall as shee could get into her power that so the Kingdome might not returne to any of them to whom did pertaine the Right of Succession And aâ—ther her v. 4. 7 yeares is usurped Reigne when the Hâ—lie of the slaine King was by Jehoiada crowned and proclaimed v. 11. King shee cries out Treason Treason [*] â— Kings 11.14 As it because by shedding Royall blood shee had got the power into her hand it must therefore be treason in all that did promote the Title and Interest of the Heire apparent No doubt she had made such a Law as our present bloody usurpers have to secure her owne Established Government and prevent the Sucession of the Rightfull King The treasonable designe of these King murthering Resolvers But Jehoiada the Preist or Minister notwithstanding that command published by her owne Authority knowing her Government had it's foundation in blood as thâ—â— Established by our Resolvers also hath and that such command did oppose the command of the word of God promotes the Tiâ—tle and Interest of the slaine Kings 〈◊〉 takes an oath of Allegiance to him v. 4. and sets a guard about him for his v. 9. security By which leâ— iâ— apparent that the forbidding Ministers to make mention of the sonâ—â— of our late murdered King and the promoving his Title and Interest although declared against and taken away by their Authority doth not â—ind and therefore I will not feare to disobey it Nay further since I read that after Jehoiada by the aid of his loyall subjects had made him King crownd him and given him the Testimomy both hee and they 〈◊〉 their hands for joy and prai'd GOD SAVE THE KING I will not feare for all their second Resolve to pray for the same successe of our King Not doubting 〈◊〉 that God will shortly send us such a joyfull time also where in the Church and streets wee may openly say God save CHARLES the second Of England c. King Defender of the Faith c. Vivet Vincat floreat CAROLUS Secundus FINIS