for the punishing of shoe-makers or taylours with death in case any of these vocations shall be found guilty of murther though there be no particular expression of either of their professions in the Law which sentenceth murtherers with death why should not the same Law be conceived to lie as clear for the pâ—nishing of Kings with death in case they murther though there be no expresse insertion of their Office or calling in the Law to signifie their inclusion in it considering that there is no more intimation neither for their exemption than for the other To say that the Law we speak of was never extended unto or Sect. 6. understood of Kings and therefore neither ought now to be extended unto or understood of them would be to say some what but what is next to nothing For 1. who is able to give any sufficient account that it was never in no age by no person understood of Kings That in point of execution it was never extended unto Kings is but a slippery proof that it was never understood of them Very possibly it was never in such a sence extended unto musitians or moris-dancers yet this if it could be proved would be no proof that therefore it was never understood or meant of them Besides if the Law we speak of never extended unto Kings in the execution of it it is no great wonder considering 1. That there being but one King at a time in the whole nation it can be no matter of wonder that he should not be a murtherer which supposed I mean that never any King of England heretofore was or was known to be a murderer there was no possibilitie that the said Law should formerly have bin extended unto Kings in point of execution 2. In case it could be proved that some former King one or more were guiltie of murther yet probably those who were intrusted with the execution of the Law we speak of might connive either through fear favour flatterie or the like In such cases as these there was no opportunitie of extending this law in the execution of it unto Kings Upon the same account it may well be that however the Law ought in reason equity and according to the import of the letter and words of it be understood as well of Kings as of meaner men yet it might never be publickly and Authoritatively declared that it ought to be so understood But 2 What if it can no more be proved that the said Law was â—â—â—t 7. never yet understood of Kings than it can be proved to have but executed upon Kings Doth it therefore follow that neither now it ought so to be understood especially considering 1 That the expresse letter and tenour of the Law will fairly bear such a sence 2 That such an understanding and interpretation of it will well stand with all principles of reason and equitie 3. That the pulick interest peace and safety of the Nation requires such an Interpretation 4 and lastly that the contrarie can never be proved I meane that it was never understood inclusively of Kings Suppose there were such a sence or interpretation of some text or sentence of Scripture lately given which every waies comports with the letter and gramaticall sence of the words fully agrees with the Analogie of Faith or the received principles of Christian Religion falls in very genuinely with the context or scope of the place perfectly accords with the clear sence of the like phrase and expression in Scripture elswhere c. were such an interpretation to be rejected meerly upon such a pretence as this That it cannot be proved that ever it was given or received by Christians heretofore Nor is that colour lesse washie or fading wherein to the exemption of Kings from humane Judicatories is commonly put to give it some semblance or shadow of a Truth that the King is Supreme and above all persons in his Kindom and in this respect there can be no competent or lawfull Authoritie on Earth to question arâ—aign or judge him it being a received Maxime in politiques that â—ar in parem non habet potestatem multò minùs inferior in superiorem .i. that no man hath any right of Authoritie over his equall much lesse an inferiour over his superiour For to this we Answer 1. That the Scripture cannot be dissolved by the authoritie of Sect. 8. any Politick Rule or Maxime whatsoever of humane sanction If God in the Scripture saith that who so sheddeth mans bloud by man shall his bloud be shed men must not reply to him say we are content to put this Law in execution when Kings are not the transgressours but herein we must be pardoned we have no Authority nor Know we how to create any by which to punish Kings according to the exigencie of this Law when they offend against it We have a Canon sacred and inviolable amongst us which prohibits any man or numbers of men to execute this Law of thine upon Kings Will that God whose name is jealous suffer the Divine Authoritie of his Law to be trodden under foot by men for the salving of the credit of a Law or Principle of their own But 2 It was never yet proved nor I beleeve ever will be Sect. 9. either by any Scripture or sufficient Reason that the King especially under a Delinquencie or crime deserving death is either Par equall viz in power much lesse superiour to the body of his people or their Representative Master Rutherford whom these Ministers may well look upon as Praesidium dulce decus suum the chariot of Presbyterie and the hors-men thereof teacheth them another lesson over and over in his book intituled Lex Rex For the subject of Royall power saith he we affirm the first and native subject of all power to be in the communitie * 〈…〉 p. 5â— Again There is not like reason to grant so much to the King as to Parliaments because certainly PARLIAMENTS who make Kings under God ARE ABOVE ANY ONE MAN and THEY MUST HAVE MORE AUTHORITIE and wisedom THâ—N ANY ONE KING except Solomon as base flatterers say should return to the thrones of the Earth * Iâ—â—â— p â—â— Yet again wherever there is a covenant and oath betwixt equalls yea or superiours and inferiours the one hath some coactive power over the other which position he clearly proveth â— Iâ—â—â— p. â—9 by a case immediatly subjoyned presently after Though therefore the King should stand simply superiour to his Kingdoms and Estates which I SHALL NEVER GRANT yet if the King come under covenant with his Kingdom as I have proved at length c. 13. he must by that same come under some coactive power to fullfill his covenant * Iblâ—â—m Again unanswerably I have proved that the Kingdom is superiour to the King * Iâ—â—â— p 46. Yet over again If we consider the fountain power the King is subordinate to the Parliament and not coordinate for the
by the Laws of that State wherein he ruleth I doe not much fear to refer to the arbitration of the Doctours himself Again if the power of Kings over the lives of men were Sect. 23 by immediate derivation from God then must this power be uniform of the â—ame measure and extent in all polities and Kingdoms whatsoever If so then will it follow either that there is no just power of this kind I mean just in the compasse of it in any King now reigning upon the earth or in case there be some one King whose power over the lives of his Subjects is just that the power which is owned or exercised by all other Kings not being every waves commensureable with this is unlawfull and unjust First not to reflect upon the Doctours abilities in the least I beleeve it is above their sphere to prove that any King under heaven either hath claimeth or exerciseth any such dimâ—â—sâ—â—n or exact proportion of power over the lives of his Subjects which upon the supposall of an immediate derivation from God is onely competible unto him For whatsoever proceeds immediately from God and without all association of second causes for in or towards the production of it must needs be absolutely perfect and compleat for the kind Therefore they who affirm that that power which any particular King in the world claimeth and exerciseth over the lives of his subjects is by an immediate investiture or derivation from God run an extream hazard of blaspheming God or at least of ascribing that to him which is unworthy of him Secondly there being scarsely two Polities States or Kingdoms in the world wherein the power claimed and exercised by their Kings or Supreme Rulers over the lives of their Subjects is every wayes commensurable and co-extensive the one with the other it must needs follow that the power in this kind generally claimed and exercised by Kings is irregular and unjust and consequently not of any immediate derivation from God Yet again to affâ—rm that the power which Kings have over Sect. 24 the lives of their people by immediate influx and derivation from God is to smite them with blindnesse and to put them into as ill a capacity for the finding of this their power or what it is as the mâ—n of Sodom were in when they wearied themselves with seâ—king â—…'s door Gen 19. 11. For what light can such affirmers exhibit unto Kings whereby to discover and find out the Alpha and Omega the Dan and the Beersheba of such their power If they claim â—nd exercise a narrower and more contracted power than that which is supposed to be immediately confer'd upon them by God they make themselves transgressours by not fulfilling the Ministery and trust which they receive from God If they claim and exerciâ—e a larger power than that so derived unto them they sin on the other hand by usurpation To leave them to their own judgements and consciences for their information about the true compasse and content of their power is to turn them over to blind guides and to tempt them to make their lusts their Teachers To send them to the Scriptures or Word of God as to the Judicials of Moses or the like for their direction in this kind is constructively to exauthorize States-men and persons of civil imployment from legis-lation at least in criminall matters which concern the lives of men and to interesse Divines and Clergie-men in that affair at whose mouths the Law of God .i. the mind of God in his Law is to be sought and of right should be found So that the Doctours opinion concerning the immediate derivation of Kingly power from God is of a very ensnaring nature unto Kings of a disturbing nature unto States and directly tends either to send this power into a land of darknesse where it shall never be seen or found by any man or else to make it as unnaturall and monstrous as Kings themselves please Once more and so enough of this for the present if the said Sect. 25 Opinion be Orthodox and Authentique then can no act of the People contribute any thing in one kind or other towards the investiture of the King with that power which he hath over their lives This is evident For that derivation which is immediate from God can be no wayes assisted furthered or promoted by any creature or second means But certain it is that the derivation of that power we now speak of upon the King is either properly effected or at least furthered by an act of the people and particularly either by that act of theirs by which they elect or else that by which they create and make him King Ergo. The assumption stands firm upon this ground No King is invested with power over the lives of the people neither by God nor otherwise untill he be their King either actually as by Creation Installment or Coronation or designatively as by Nomination or Election and this either formall and explicit as when the people meet and vote such or such a man King or else vertuall and interpretative as when the people having formerly consented to receive the heir in such or such a race or family for their King successively do not upon a vacancie of the Throne by death expresse any revokement of that their grant or consent So then the people must of necessity act either by Electing or by Creating the King or both in order to the investing of him with such a power over the lives of his Subjects as we speak of before he be invested herewith which plainly shews that this investiture or power accrueth not unto him by any immediate derivation from God but by the intervening at least of the Act of the people either as hath been said Electing or Creating him for their King or both And the Truth is supposing that power over the lives of men hitherto so much spoken of to be essentiall to the Kingly Office and Dignity which is I question not the ready and round sence of the Doctour and withall that this power is not derived thereunto by the people but immediately from God it undeniably follows that the people have no sufficient interest or right of power either to chuse or create any King for themselves Nor can they assure themselves that that person whom they chuse create and call their King is truly such or that he hath any power at all over the life 's of his Subjects unlesse they suppose it to be conferred upon them by themselves it being impossible by what hath been argued to the contrary that they should have any assurance that it is conferred upon him immediatly by God Thâ—se things considered had the Doctour think we any Sect. 26 such great cause to greet his Excellencie and Councel of war with such an over-weening insinuation and conceit not onely of the high-convincing power but of the raritie also and unheard-of-nesse of his Notion as is expressed in these words p.
violation of them In such cases of Delinquencie as this that superiority which for argument sake we suppose in simple and absolute consideration to be competent to the King is for the time and untill just satisfaction be made forfeited unto the people and they made the Superiour hereby For doubtlesse he spake very conformably to the Law and light of nature and nothing but what the Scripture it self frequently attests who said Faâ—â—â—â—s quos inquinat aequat i. Sin levels all as far as it pollutes If then Superiours joyning in any act of impietie with their inferiours lose the honour and dignitie of their Superiorship and render themselves as vâ—le and low as these their Inferiours who partake in the same impietie with them they must needs by the contraction of such guilt upon them fall beneath their Inferiours who are innocent and turn the Relation of Superioritie and Inferioritie between them upside down Therefore 5 And lastly for this though it should be granted that a King truly and properly so called is either equall or Superiour in power to his people in Parliament yet being degenerated into a Tyrant he is neither A King and a Tyrant are as specifically distinct as a lawfull husband and an adulterer This cleaâ—ly appears by their respective descriptions or definitions which do 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 one answer the other in a relative opposition after the manner of two species contra-distinguished the one against the other under the same genus He that is a Tyrant saith Aristotle minds his own benefit or profit in his Government 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈…〉 but he that is a King that benefit of those that are governeâ— by him He is a Tyrant saith Peter Martyr that ruleth contrariâ— to equity good and the Laws Now certain it is that as neither God nor men ever ordained that the adulteâ—er should be the head of the woman or claim or hold any superioritie over her whose chastity he attempts by force So neither ever did the one or the other ordain by Law or otherwise that a Tyrant should be the politick head of a body of people collectively taken or that such a body as this should acknowledge him for their Superiour Kings themselves in the notion of the Civil Law and of sound reason it self as was formerly argued are but servants or vassals to their Kingdoms or those respective Common-wealths which they govern We hold that the â—aw saith with us saith Master Râ—therford that vassals lose their farm if they pay not what is due Now what are Kings but vassals to the State who if they turn Tyrants fall from their right * 〈…〉 Elswhere If a King turn a Paâ—ricide a waster and destroyer of the people as a man he is subject to the coaâ—tive power of the Laws of the Land c. * 〈…〉 pag. â—â—â— If Kings in the best of their honour according to the very tenour and tenure of their Office and before any tainture with Tyranny be the servants of their States and people and in this consideration are their Inferiours how much more when they have abused themselves with wickednesse in their Government and violated those very Laws which were the spirit life and soul of their Authority That particular Christians are injoyned by God in the Scriptures Sect. 30 to obey Kings and Rulers when they were persecutours and wicked is no argument at all whereon to conclude that therefore such Kings or Rulers were not the Servants of and in their power and Authority dependent upon those respective States and Kingdoms which they ruled There is little question to be made but that particular Members of a Statest and bound in prudence as well civil as Religious and therefore and in both respects in conscience to yield obedience unto him in all things Lawfull untill his Master or Lawfull Superioâ—r I mean the body of that State or in cases extraordinary such a part of it as shall be spirited and strengthened by God for the atchivement which hath made him their Ruler shall in a Regular way dis-title him and take that Interest of power and Authority from him which they gave him as Masters use to doe by their servants when they discharge them of their service But this proveth not so much as in face that therefore the intire body of a State in their representative stand bound in prudence either civil or religious to continue such an Head in the power and Authority of his Headship over them or to own him still for their Superiour A Corporation or Company convened together may Lawfully do many things relating to their body which no single person of them may doe as for example they may discharge an Officer whom they find unfaithfull in or insufficient for the place wherein he hath formerly related unto the Company which no particular person amongst them can or ought to doe And certain it is that the Apostles did not direct their Christian precepts or exhortations concerning obedience and subjection unto Kings to Bodies politique or whole States or Kingdoms collectively taken but unto Christian Churches and the Members thereof in particular Nor did they undertake to umpire by any sentence or order directed unto them from heaven between Kings and States touching their civil rights or politique interests but left them in these to the Regulation of the Law of nature and of nations To object but who shall judge whether the King be a Tyrant Sect. 3â— or no or is it meet that the people who are a party and his enemies should be admitted Judges in their own case is but to call for an answer near at hand First the Laws of the land are very competent and unpartiall Judges in such cases If these do not either expressely or constructively and by evident consequence declare a man to be a Tyrant it is probable that he is not guilty but if these speak his guiltinesse in that point the testimony against him is sufficiently valid If it be further demanded but who shall declare or expound the Law in this case I answer the known Rule in the Law is that it 〈…〉 appertains to them to interpret the Law to whom it belongs to make it Now it being the Interest or right of the people in their Representatives to make their Laws it must needs be their right also in the same capacity to interpret them If it be yet said yea but the King is interessed in making of Laws as well as the people therefore it belongs as well unto him as unto them to interpret them I answer no the King is not interessed in making 1. in framing or contriving Laws but onely in ratifying or confirming them That which he contributes towards the Laws is onely the guift of his Royall assent which supposeth them made before they come at him His Assent unto the Laws made by the people is in it self and simply considered but a State formality yet apprehended it seems of such
these transactions In so much that that of the Apostle may be applied and spoken unto them with aggravation and advantage Therefore thou art in excuseable O â—an whosoever thou art that judgest for wherein thou judgest another thou condâ—mâ—est thy self for thou that judgest dost the same things * â—â—m â— â— The Ministers were they who deposed the King and consequently who according to the common and known processe of Law and Justice in the Kingdom exposed him both to that judiciary Trial whereunto he was brought as also to that Sentence which passed upon him For a King deposed is no longer a King but a Subject and consequently as subject I mean according to the ordinary current and course of things unto Law and Justice as ordinary Subjects are The Ministers with their party clearly deposed the King when they denied their subjection unto him withdrew their obedience from him acknowledged and submitted unto a power as Superiour unto his viz. the Parliament levied war against him as against a Traitour Rebell and Enemy to the Kingdom chased him up and down the land from place to place confiscated his revenews and at last imprisoned his person But this Doctrine with a further explication and proof of it hath been lately taught them with Authority and Power by another pen * Tenâ—â—e of Kiâ—gâ— and Magiâ—â—â—â—teâ— by J M pâ—g â—9 â—â— c. the Sermon being in print needs no repetition So then were it granted that the Protestation Vow or Covenant did positively and without any proviso injoyn the preservation of the Person and Authority of the King neither they who brought him to trial nor they who sentenced him can be looked upon as Covenant-breakers in either of these actions because neither he who was brought to that Trial we speak of nor he who was sentenced was a King when these things were done to him but onely a Subject that had been a King in his dayes but was now devested of his royall office and power by the Ministers of London and their partisans and reduced to the rank and condition of a Subject and this none of the greatest neither There is not the least jot or title in the Covenant concerning the Preservation or Defence of the Person and Authority of any man that sometimes was or had been a King nor the least mention of any restraint from bringing to triall or giving sentence against such a person being a Delinquent Therefore there being no Law in the Covenant against the trial or sentencing of such a person there can be no transgression in either against the Covenant Again 6. And lastly Suppose the Ministers were gratified with Sect. 51 their undue supposal viz. that the Covenant injoyns the Presâ—rvation of the Kings Person and Authority without any reciprocal indenting with him for the preservation of Religion and Liberty yet there being two expresse clauses in the Covenant the one injoyning the preservation of the Liberties of the Kingdoms the other the bringing of Incendiaries and Malignants unto condign punishment either of these falling in competition with that concerning the preservation of the Kings person swalloweth up the obligation thereof For that is a true Rule which Peter Martyr delivers as elsewhere I have observed * â—…ht â—nd â—â—â—hâ— c. pâ—â— 30. that when two duties or commands meet in such a strait that they cannot bâ—th receive that honour of observance which otherwise belongs unto them both that which in the judgement of the Law-giver is the greater ought to be observed and the lesser to give place * Now 〈…〉 P Mâ—â—t â—n â— Sâ—â—â—â— â— â— first certain it is that as well the one as the other of these two duties the preservation of the liberties of the Kingdom the bringing of Inâ—endaries and Delinquents to condign punishment are far greater duties of far greater moment and consequence than the Preservation of the Kings Person and Authority the highest service imaginable of his Person and Authority in their best preservation being the procurement of these which are very well procureable too without them and 2. no lesse certain it is 1. that neither the preservation of the Kingdoms Liberties nor 2. and this more appâ—rantly thâ—n the former the bringing of Delinquents to condign Punishment were consistent with such a preservation of the Kings person Authority as the Ministers deem the Parliament Army and others obliged unto by the Covenant Late and lamentable experience shewed how near the Liberties of the Kingdom were to ruin by occasion of the preservation of the Kings person onely and that onely for a season though his Authority was kept under hatches It was the Preservation of his Person that gave life and breath and being to those dangerous insurrections in Kent Essex London Surrey Wales c. by means whereof there was but a step between the Liberties of the Kingdom and perpetuall enslavement It was the Preservation of his Person with hope of a restitution of his Authority that administred strength unto Scotland to conceive the conquest of England and to make the attempt by invading it with an Army of about if not above 30000 men unto whose teeth doubtlesse this Nation had been a prey had they not fought from heaven had not the stars in their courses fought against them And had his Person still been preserved especially with his Authority according to all experiments which the world hath made and had in such cases yea according to all principles as well of Religion as of reason and policy it would have been a spring or fountain of bitter waters unto the land and a darkening of the light in the heavens thereof But more of this elsewhere And instead of bringing Delinquents unto condign punishment it cannot in any rational Construction but be supposed that it would have been the lifting up the heads of such persons unto undeserved places of honour This with the other particulars argued upon the point of the Covenant duly considered is it possible to imagine that the Ministers should find in their judgements or consciences or any where else but in their degenerous and ignoble ends the least colour or pretence to declaim against the Parliament and those who adhere to them in their proceedings with such wide and open mouths with such multiplied and incessant battologies of Covenant-breaking Covenant-breaking Covenant-breaking as they do for their honourable proceedings against and royal execution of Justice upon the Person of the King or to think that such Scriptures have any hard aspect at all upon them or their actions as that which they manage against them Shall he prosper shall he escape that doth such things Or shall he break the Covenant and be delivered As I live saith the Lord seeing he despised the Oath by breaking the Covenant when lo he had giveâ— his â—and he shall not escape c. Ezech. 17. 14 15. c. Have they not much more cause to fear that the Spirit which speâ—k in such
they be either Kings or Tyrants Are not these close Disputants Do they not with much acutenesse bring darknesse out of light drawing a conclusion out of such premisses where neither subject nor prediâ—ate either formally or virtually are to be found So again You know say they the sad examples of Corah Dathan and Abiram those â—editious Levites in their mutinous Rebellious and levelling design against Magistraâ—ie and Ministerie in the persons of Moses and Aaron You take too much upon you said they to Moses and Aaron seeing all the Congregation are holy Wherefore then lift ye up your selves above the Congregation of the Lord Which Moses fears not to call I know no reason why he should a gathering together agaiâ—st the Lord and warns the people to avoid their Company Depart from the teâ—ts of these wicked men and touch nothing of theirs lest ye be consumed in all their sins After which the Earth opened his mouth and swallowed them up with all that appertained to them And yet there were in the Rebellion a considerable number of eminent men as there was in the rebellious Insurrections in and about the Citie of late years both Priests and others two hundred and fifty Princes of the Assembly famous in the Congregation men of Renown Ergo It is not lawfull for the Câ—vil Magistrates to put murtherers to death provided that they be Kings or Tyrants Doth not this conclusion follow roundly from the premises Is not the inference so pregnant and clear that a man without â—â—es may see 't as apparently as â—e that hath the quickest sight of all yet again they seriously beseech his Excellency and Army â—â— learn John Baptists lesson for Souldiers Doe violence to no man or put no man in fear neither accuse any man falsly and be content with your wages But if you persist in these waies wherein you never yet walked behold you have sinned against the Lord and be sure your sin which you never committed will find you out And take â—eed lest when the hand of God shall overtake you and turn the wheel over you you be found to suffer both as evil doers and as busie-bodies such as we are in other mens mattâ—â—s 〈…〉 Ergo murtherers if they be either Kings or Tyrants ought not to suffer Capitally by the civill sword This is a learned argument drawn à majori ad nihil These with the example of Gods severe punishment against the kingdom of Israel and Sauls posterity for Sauls slaying the Gibeonites living peaceably and harmlesly in the land contrary unto oath together with those other texts altogether as irrelative to their purpose as the former as hath been sufficiently evinced by others viz. Prov. 24. 21. Thess 3. 6. Tit. 3. 1. Rom. 13. 1. 2. are all the proofs they levie from the Scriptures to prove their opinion wherein they plead the Prerogative of Kingly murtherers against the expresse commandment of God to be consonant unto them Who can imagin that forty seven men professing Scholarship and good letters and besides trained up from their youth in the study and preaching of the Scriptures should not be able laying their heads their wits their memories their learning their parts and all but their consciences which it seems they laid aside together evidently to see and conclude that there is not so much as a face no nor as the least lineament of a face in all their citations of that opinion which they most importunely and imperiously seek to obtrude upon the consciences of the Generall and his Councel and in them upon the world If they be mistaken who judge these men a self-condemned generation it is too great an opinion of their parts learning and freedom from phreneticall passions that deceiveth them As for that which they adde concerning the uniform and Sect. 66 constant judgement of Protestant Divines both at home and abroad as being consonant unto theirs in the said opinion it is next to the removing of mountains for any considering man to believe but that this also is affirmed by them not only with the secret regret but even with the loud reclamation of their consciences For not to insist upon that saying of one who upon good grounds I believe is able to make it good against all gainsayers viz. * Tenure of Kings and Magistrates by J M. p. 29. That there is no Protestant Church from the first Waldenses of Lyons and Languedoc to this day but have in a round made War against a Tyrant in defence of Religion and civil liberty and maintain'd it lawfull And if so then much more to proceed in a judiciary way against him when they have opportunity The writings of their own Authors and Friends persons of the same judgement and dear interest with themselves in the cause of Presbyterie which it cannot reasonably but be presumed they have read at least some of them are pregnant with this opinion that Kings in many cases of male-administration of the trust and power committed unto them may lawfully be deposed yea and sentenced with death Insomuch that M r Iohn Knox a man of renown in all the histories of Presbyterie and who laid the corner stone of this Government in the kingdom and Kirk of Scotland being by a generall Assembly commanded by the Nobility to write to Calvin and other learned men for their judgements in the question whether Kings in criminall causes as of Murther Tyranny c. might not lawfully be proceeded against by their Subjects alledged that both himself was fully resolved in conscience and had heard their judgements and had the same opinion viz that Kings might lawfully be deposed and capitally John Knox his history of Reformation of Religion in the realm of Scotland p. 397. dealt with in the said cases of many the most godly and most learned that he knew in Europe so that if he should move the question to them again he should but shew his own forgetfulnesse or inconstancie The same Author at this Assembly maintain'd openly in a dispute against Lethington Secretary of State that Subjects might and ought to execute Gods judgements upon their King that the fact of John and others against their King having the ground of Gods ordinary command to put such and such offenders to death was not extraordinary but to be imitated of all that prefer'd the honour of God to the affection of flesh and wicked Princes that Kings if they offend have no priviledge to be exempted from the punishments of law more than any other subject so that if the King be a Murtherer Adulterer or Idolater he should suffer not as a King but as an offender These things he inculcates over and over into those that were present and ads many more of the same import with them This pillar of Presbyterie in another book of his having declared his judgement freely against the establishment of Idolatrous and persecuting Kings and Rulers by the people advanceth his discourse in these words Neither
for him whom they had chosen in his room By the way he here bids us note that the right of electing whom they please is by the impartial testimony of an Emperour in the people for said he a just Prince ought to be prefered before an unjust and the end of Government before the Prerogative And to prove that some of our own Monarchs have acknowledged that their high Office exempted them not from punishment they had the sword of Saint Edward born before them by an Officer called Earle of the Palace evâ—n at the time of their highest pomp and solemnity to mind them saith Matthew Paris the best of our Historians that if they erred the sword had power to restrain them The fact of Eâ—ud in killing Eglon and so of Jehu in slaying Jehoram the said Authour reconcileth with rules for standing practice with much more to this purpose which I leave to the Readers peruâ—al in the discourse it self In another discourse lately published we have this President Sect. 77 recorded Brutus Generall of the Souldiers Lucrâ—tius Emperour of the city of Rome assembled the people against Tarquinius Superlus and by their Authority thrust him from his Royall Throne his goods were confiscated and if Tarquinius had been apprehended undoubtedly he should have been according to the publick Laws corporally punished * 〈…〉 p â—4 The same Authour subjoyneth that Christiern lost the Crown of Denmark Henry that of Sweden Mary Stuart King Charls his Grand-mother that of Scotland and Edward the second that of England for the same misgovernment as our late King lost his Crown and head The Parliament in their late Declaration mention this last President of Edward the second and Peter Martyr concerning that of Christiern King of Denmark writeth thus In our daies the Daues dâ—posâ—d their King and kept him prisoner a long time * where also he adds out of Polâ—dore Virgil that the English 〈…〉 P. Mâ—â—â— â—â— â—ud â— â—◠〈◊〉 have sometimes compelled their Kings to give an account of their money or treasure ill disposed of M r Prynne in his Appendix to the fourth part of the Sovereign power of Parliaments and Kingdoms undertakes in the front of this Lucubration and in the body of it performed the undertaking vâ—ry laudably to manifâ—st by sundry Histories and forraign Authorities that in the ancient Kingdome of Rome the Roman Grâ—ek German Empires the old the peresent Grecian Indian Aegyptian French Spanish Gothish Italian Hungarian Poloâ—ian Bohemian Danish Swedish Scottish with other forrein Kingdoms â—ea in the Kingdoms of Judah and Israel and other Gentile Royalties mentioned in Scriptuâ—e the Supreme Sovereign power resided not in the Emperours or Kings themselves but in the whole Kingdom Senate Parliament State People who had not onely Authority to restrain râ—sist yea call their Emperous and kings to account but likewise when they saw just cause to censure suspend deprive them for their Tyranny vices misgovernment and sometimes CAPITALLY TO PROCEED AGAINST THEM with a brief answer to the contrary objections c. Afterwards in pursuit of this his notable ingagement out of Georgius Obrecâ—us a publick Professour of Law and Advocate to the City of Strasburg he furnisheth us with these Presidents besides that of Tarquinius devested of his kingdom by the people under the conduct of Brutus Lucretius the Roman Senate judged Nero an enemy of the Republick condemned him to the Gallows punished Vitellius with death ignominiously mutilated and dragg'd through the Citie and spoiled Maximinus of the Empire setting up Albinus in his place Thus the French by Authority of a publique Councel thorough the care of the Officers of the Realm deprived Childerick the first Sigebert Theordoric and Childerick the third of the Government In the same manner * M 〈…〉 â—f 〈◊〉 â—nâ— Kingdom Aâ—pend p. â—â—â— saith the same Authour from Junius Brutuâ— we read Adolpâ—us deprived of the German Empire An. 1296. because corrupted with money he had made War with France in favour of the English Wenceslaus A 1400. Although these may be called not so well evil as lesse good Princes Thus in the Realm of England Edward the second for his Tyrannic to his Subjects especially the Nobles whom he destroyed without hearing their cause was at his Queens request adjudged unworthy of his Crown by the Parliament Not long since Christierne in Denmark Ericus in Sweden Queen Mary very lately in Scotland were deprived which Histories worthy credit testifie hath been frequently done in the Kidgdom of England Hungaria Spain Portugall Bohemia and the rest Thus far M r Prynne in Precedents of Kings and Emperours deposed and punished with death to which you may please to add what he relates out of Sozomen and Nicephorus concerning the death of Julian by one of his Souldiers and the fact of the Christians at Antioch upon it together with his Annotation upon both as they were formerly presented Sect. 67. of this discourse beyond whom no man that I know hath travailed with his pen in asserting the Legality of such proceedings against them He that will please to read the Historie of the Reformation of the Realm of Scotland by M John Knox shal find many like Presidents cited and argued from the Scriptures themselves So that the Parliament of England in their Judiciary processe against the late king did not walk alone in an untrodden path but in an high-way occupied upon like occasion by all the chief Nations of Europe yea by the once onely Heaven-beloved Nation of the World The premises from first to last considered that Doctrine Sect. 78. which Prerogativeth kings above the stroke of human justice upon the account of their being unaccountable unto men for whatsoever they do which the Parliament taketh notice in their Declaration of March 17. 1648. pag. 13. to have been the late kings Assertion appears to be very extravagant and and Eccentricall to all principles both of Reason and Religion Such an unaccountable Officer as the said Declaration well expresseth it were a strange monster to be permitted by man-kind For if the main ground of erecting publick Administrations of justice and Courts of humane judicature in all Polities and States whatsoever be both in Reason and Religion to secure and protect those who live justly and peaceably against the violence and injustice of oppressours and unjust men it must needs be contrary unto both to exempt such persons from the jurisdiction of these Court and Administrations who have alwayes the greatest opportunities and temptations and for the most part the strongest bent of disposition and will to practice such unrighteousnesse and oppression Put case a man hath received several wounds in fight amongst which there is one more dangerous and threatening life than all the rest would it not be a soloâ—cisme in reason for this man with all diligence and care to send for the skilfullest Chirurgion he can get and when he is come to limit him in his applications to the wounds
he musters up those worthy names of men Mr. Sect. 4. Biâ—ield Cartwright Traverse Dod Bradshaw Jewell Reynolds Whitaker c. before those worthy Ladies to whom he applies himself in his Dedication with an insinuation that these men were of his opinion and spirit and would have protected Murtherers if Kings against the Law of God and the justice therein commanded to be executed by men upon this generation of evil doers and takes up an effeminate indeed a ridiculous lamenation over his Religion as if that were like to suffer shame by those men and those actions which are like to be a praise and an honour to it in all generations he doth both the one and the other in a regular comportance with his Design in his Dedicatees knowing that fabulous and light presumptions intermixt with some pathetique strains commonly do more execution upon Feminine Spirits than seven Masculine Demonstrations I have ground in abundance to suppose that had those worthy men he speaks of lived in these dayes and stood off as clear from that besotting interest of High Presbytery as some of them did from that of Episcopacy they would have found no fault at all in those persons or practices which it seems were the abhorring of M r Geree's Soul But why he should commend himself to his Lady Patronesses and in them unto the World as so Grand a sufferer under the Bishops Chancellours Courts High Commissions c. and not somuch as mention his sufferings under and from the Parliament which were much greater than any endured by him under the Bishops I cannot conceive unlesse it were to conceal the sore of his Malignancie for the noysomnesse whereof he was Sequestred from his living in Tewksbury that so he might not too much discover himself to be an Enemy to the Parliament at least in the former constitution and proceedings of it before the late garbling by the Armie inasmuch as such a discovery as this must needs have been a grand prejudice to his project in his Book But they who shall attentively read this Book of his will find not onely that he owneth not the Parliament at all in no constitution of it since the late King forsook it but that upon all occasions he â—â—ily reflects disparagement upon it as pag. 18. where he insinuates the Parliament into a Community of erring for depriving the King of his Power over the Militia of the Kingdom notwithstanding his exercising of this Power to the miserie and ruin of the Kingdom And had not his good friends in the Assembly out of a prudent apprehension that he though an Anti-Covenanter might yet befrind them at a back door baulked with their own Principles that I say not Consciences to gratifie him and make him free of the Presbyterian corporation without putting him to the Test of the company I mean the taking of the Covenant he had wanted the covering of a Church-living and so the nakednesse of his Anti-Parliamentarie Malignancie had appeared unto all men Whereas in his Preface he obliquely upbraids me as being Sect. 5. either through want of wit or honesty an Abettour to a prevailing Faction they that have but any competent knowledge of my Spirit and of the course I have steer'd in the world all the dayes of my vanity hitherto will I know be my compurgators from this imputation and testifie on my behalf that undue compliance with any Faction or Partie whatsoever whether prevailing or failing hath been none of my at least visible sins It is well known not onely to my familiar friends and acquaintance but I presume to thousands more how small and faint correspondencie I have or hold with that Faction as M r Geree counts Faction which dogmatizeth with me about matters of Church-government and which he looketh upon as prevailing My Interest in these men though it was never much considerable yet was it much more whilest they were the tail and the high Presbyterian Faction the Head than it hath been since the turning of the Wheel if yet it be turned or than now it is But whereas he advances this decision that confidence in a Sect. 6. dubious case doth argue either great shallownesse or deep prejudice arising either from doting affection or unworthy Interest I marvail that a man pretending to such signall abilities of learning judgement understanding c. as Mâ— Geree doth in this Tract should not Apprehend and see that this dart striketh through his own liver as well as mine For if the case depending between him and me be dubious and he every whit as confident as I am or lightly can be in his Determination and Judgement upon it which the Spirit ruling all along his discourse abundantly witnesseth then hath he given sentence against himself as a man either profoundly shallow or deeply prejudiced either through doting affection or unworthy Interest though for my part I apprehend no such Antipathie between shallownesse and prejudice whether arising from the one cause or the other but that one and the same earthen vessel may well be a receptacle of them both Yea I look upon prejudice as not occasionable either by Interest or affection without the influence of much shallownesse upon the production For what doth prejudice as well in the very Grammatical notation of the word as in the nature of the thing it self import but an immature act or conclusion of the Judgement as viz. before it hath had either time or opportunity or else the consent of the will to inquire out and duly weigh such arguments which according to the principles of sound reason are sufficient to raise such a Conclusion upon The Truth is that prejudice is as effeminate and weak a passion as is incident to the nature of man Whereas he magnifies himself against me as a man that had Sect. 7. discovered such weaknesse in the patronage of errour I make no question but that he who hath so much of a man in him as to consider duly before he judgeth will upon such an account judge my weaknesse as he is pleased to call weaknesse too hard for his strength and my Errour for his Truth Certain I am that the sence of some of those Parliament-men themselves yea some of the ablest of them whom Mâ— Geree accuseth me to have accused causlesly yea and of some others of their most judicious friends is otherwise Onely herein I confesse they agree with him pretending that I have as to the men onely accused but not made good the Errour objected But whether I have onely accused the Parliament Members and not made good the Errour objected or whether he hath not onely justified them without making good any ground of their justification in those particulars wherewith they are charged by me we shall in due time ingage not strangers or enemies but their own actions and counsels to determine In his right stating of the Question as he pretends he deals Sect. 7. unrighteously For 1. he supposeth some
things which truth opposeth 2. He suppresseth some things which the right stating of the Question calleth upon him to expresse First he supposeth a discontent not onely in but of the Nation for the sad Condition of the King It is somewhat hard to be believed that a Nation should be so super-eminently Christian and pious as to be in sorrow or discontent that the greatest enemy which they ever had from whom they have suffered more miseries and extremitie than from any other hand whatsoever should be in such a condition wherein they need not fear more miserie or mischief from him And besides that sad Condition of the King of which Mâ— Geree speaks was the prize for which the Nation for seven years together had run through fire and bloud and is it like that they should be in discontent for their successe in obtaining it The Discontent of the Nation was for the unsetled and dilatorie proceedings of their Trustees in Parliament as then the Constitution of the House was wherein they saw no ground of hope of any setlement either of the Government or distracted affairs of the Kingdom The reduction of the King to his Regal Interest and Throne was the desire of the Nation but onely 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the proverb is and under the Notion of a lesser evil of the two I mean than their languishing in miserie and despair under such a Parliament from which they saw at least as they supposed certain ruin and destruction coming towards them like an armed man Secondly he supposeth that the Demands of the Parliament in the last Treatie with the King at Newport were the sum of all that had been formerly demanded in any other treaties or proposals or â—ad been held forth in their Declarations The notoâ—ious untruth whereof as many wise and good men then resented so may any man whosoever that hath leasure and opportunity to compare the one with the other clearly enough understand Thirdly he supposeth that the Parliament from the beginning thought the Concession and Confirmation of such Priviledges as they demanded of him in the said last Treaty conducible surely he means sufficient or else he speaks at a very low rate to render this people free and happy I must borrow some such Faith as M r. Geree it seems had to beleeve this also Certain I am that the Parliament it self much better able to judge of the conduciblenesse of these proposals to the ends mentioned then M r. Geree expresse a far different sence of them These Members say they in their Declaration of Jan. 12. 1648. speaking of those very men about whom the present contest is between M r. Geree and me did notwithstanding proceed to make such Propositions to the King at the Isle of wight for a safe and well grounded peace as if they had been granted and kept of which there was no probability would but have returned the people again to their former slavery forasmuch as by these Propositions neither this Parliament nor any succeeding one was put into a capacitie of ever being able to make any good Laws the King being still suffered to continue his Negative Vote so long opposed and so strongly voted and declared against by this Parliament c. So that these two supposals of M r. Geree last mentioned are stigmatically false Fourthly he supposeth that the Major part of the House of Commons were so far from being forced to it the said Treatie by Petitions that neither the impetuousnesse of Petiâ—ions from people nor fear of Souldiers Pistols could make them relinquish it Hear what the Parliament it self also speaketh in opposition unto this in their said Declaration pag. 9. We had long since by Gods assistance happily effected the Settlement of the Government had not a Malignant party amongst the Sea-men the like in the Counties of Essex Surrey Sussex and the Citie of London many of which have since been in actual arms against us by their PRESSING AND URGENT PETITIONING of the Parliament for a Personal Treaty with the King at London and to disband the Army thereby diverted and frustrated our earnest and hearty desires c. with much more to this purpose Fifthly M r. Geree supposeth in order still to the right stating of the Question that the Parliament men against whom I for whom he contendeth were satisfied in their Consciences that the Treaty with the King which they were now upon was the fairest justest and most probable way to promote and settle the peace and weal of a distressed Kingdom The Parliament as we lately heard judged the quite contrary as viz. 1. That there was no probability that the proposals in that Treaty made by the Parliament if granted would ever have been kept or observed either by himself or any of his party 2. That should they have been kept they would but have returned the people again to their former slavery 3. Concerning the defection of those Members of theirs whom M r. Geree presents as men acted onely by their Consciences in these their Applications to the King they declare thus pag. 7. of the said Declaration Yet here again we were encountered with unexpected difficulties by the APPARANT DEFECTION of some of our own Members who not regarding the glory of God NOR GOOD OF THE COMMON-WEALTH but being carried away WITH BASE AVARICE AND WICKED AMBITION these are M r. Gerees Conscientious men did labour the bringing in of the King again with all his faults without the least Repentance c. Sixthly M r. Geree upon the account a foresaid supposeth that the said Treaty was prosecuted till it was very near an happy Conclusion With what heifer did the man plough or with what oracle did he consult to prognosticate happinesse in such a Conclusion wherein had it taken place so many men of a far better inspiration than he to judge between the likelyhood and unlikelyhood of politicall events saw no probability of good unto the Nation but a plain ground laid for bringing the people back again into their Egyptian slavery Seventhly Mr. Geree supposeth and asserteth as before that the Army over and above those four Members and more which he saith pag. 3. they took into safe custody violently kept and frighted a Major part out of the house debarring them liberty of sitting and voting there But 1. whether Mr. Gerees Arithmetique be orthodox or no which counteth the Members taken into custody by the Army to be above fourty I shall content my self with doubting and not determine But 2. Whereas he addeth that they violently kept any more than these out of the house I suppose that had Mr. Geree been put upon the proof of this his proofs would have been much more modest than his Conclusion The far greater part of the Members sequestred by the Army were not detained or restrained by them from sitting again in the House but by their own voluntary refusal to submit unto such a Test which the Parliament then in being according
the taking away of Episcoâ—acy root and bâ—anch * 〈◊〉 of the 〈◊〉 aâ—swâ—â—â—â— the 5 〈…〉 pag â—â— which the Parliament have ingaged themselves by Covenant and Oath to endeavour to the uttermost nor yet any sufficient provision for matters of Religious concernment †Ibâ—d pag. â—4 â—â— which yet hath alwayes been prescribed and urged upon the Parliament by Mâ— Geree and his party as the Primum quaerite in their accords and closures with the King By the way how shamelesly doth M r. Prynns pen over-lash in affirming that the King by these concessions hath fully and actually performed those two grand Conditions the preservation and defence 1. Of Mâ— Prynne Speech of Declar 4. 1648 pag. â—4 the true Religion 2. Of the liberties of the Kingdom upon which the preservation and defence of his Person and Authority are suspended by the Covenant as himself granteth By the Religion of another Kingdom condemning M r. Gerees Sect. 18 and Mâ— Prynnes judgement about the Concessions of the King I mean the Ministers of the Church and Kingdom of Scotland who in their necessary and seasonable Testimonie against Toleration concerning the Treaty in the Isle of Whight pag. 12. speak thus And doubtlesse the Lord is highly displeased with these proceedings in the Treaty at Newport in reference to Religion and Covenant concerning which they accepted of such concessions from his Majestie as being acquiâ—sced in were dangerous and destructive unto both This sence of these Ministers touching the said concessions of the King the late Scotch Commissioners in the latter of the two letters sent to the Parliament a little before their departure expresse not onely aâ— their own but as the sence of their Parliament itself also Their words are theâ—e Wherefore we do in the Name of the Parliament of Scotland for their vindication from falâ—e a persions and calumnies Declare that though they are not satisfied with his Majesties Concessions in that late Treaty at Newâ—oâ—t in the â—â—â— of 〈◊〉 eâ—pecially in matters of Religion and are resolved â—ot to crave his Majesties restitution to his Government before satisfaction be given by him to his Kingdoms yet c. Was not Mâ— Geree a substantiall and close Diâ—putant to take that for granted and as needing no proof the truth whereof two Kingdoms and that in their best capacitie of discerning doe not onely question but positively deny Nor could Mâ— Prynne lightly have uttered any thing more stigmatically and desperately reprochfâ—ll to the whole species and Order of Kings than in saying that the Kings Concessions were the largâ—st safest and beneficiallest ever yet granted by any King to his Subjects since the Creation But Secondly to the Assumption of M r. Geree's first Argument Sect. 19 I answer further that the Parliament men he speaks of were so far from keeping to their Principles Professions and Declarations in their endeavours to settle the Kingdom upon the terms he speak's of that herein they started aside like broken bowes from them The Parliament it self complains of their apparent defection in this kind Yet here again say they We were encountered with unexpected difficulties by the APPARENT DEâ—ECTION of some of our Members who not regarding the glory of God nor good of the Common-wealth but being carried away by base avaâ—ice and ambition did labour the bringing in of the King again with all his faults without the least Repentance c. * Declarâ—â— of the â—â—â—â— of Jâ—â— 15 â—â—â—â— Again when they endeavoured such a settlement of the Kingdom as M r. Geree speaks of did they keep to their Principle or Vote of no more addresses to the King as being a person uncapable of further Trust or to their profession of indeavoâ—ring to preserve the liberties of the Subject or of the â—xtirpation of Episcopacy or to that principle by which theâ— sometimes judged it necessary that some one Proposition at least for tâ—â— honour of the Tâ—eatours and for the security of the things treated for should be premized and assented unto by the King before any Treaty †â—eâ—â—he â—â—â—â— Dâ—â—lâ—â— oâ— Jâ—n â—â— â—â—48 pag â—1 or did they keep to their principle of bringing Incendiaries and Delinquents to condign Punishment or to their principle concerning the abolishing of the Kings negative Oath The clear truth is that in that attempt of setling the Kingdom which M r. Geree speake of they turned head upon all their Principles Professions and Declarations at once which at any time formerly they either held or made in true Conjunction with the Liberties of the People and Interest of the Kingdom Therefore with this Argument he onely beats the air instead of relieving his Clients Nor doth his second Argument turn to any whit better accommodation Sect. 20 unto them For to passe by the Major Proposition which yet without further explication is not too sacred to be touched the Minor is no Correspondent with the Truth The oppressed Members as his over-compassionate Musâ— stileth them did not in that act of settlement he speaks of proceed in a way to which they stood ingaged by many solemn and Religiâ—us â—ands no he neither doth nor can prove that in the â—aid Act or attempt the Members he speaks of discharged or observed any one solemn or Religious band to which they stood ingaged according to the legitimate and true import and intent thereof For neither did the Oath of Allegiance nor the Oath of Supremacy nor the Protestation nor the Nationall Covenant ingage tâ—em to preserve the Kings Honour Safety and Greatnesse upon any such terms the performance whereof should clearly involve them in a manifest disobedience to the Law of God as viz. that which inflicts the penalty of death upon the Murtherer and apparantly withall expose the Nation to slavery and misery which the reassâ—ming of the King into his Throne and Power upon his Concessions mâ—st needâ— have done as the Parliament it â—elf hath once and again declared yea and reason it self in conâ—ort with the experience of all ageâ— abundantly confirms But that theâ—e Members in their intended settlement of the Kingdom upon the terms magnified by M r. Geree did break many Solemn and Religious bands wherein they stood ingaged unto God and to the Kingdom is a truth â—icâ—â—r in evidence than to need proof They stood ingaged by such â—ands to the observation of the Law of God as well where it commands the punishment of Murtherers as otherwise to the Preservation and Defence of the liberties of the Subject to the Extirpâ—â—iâ—n of Episâ—â—â—â—cie â—â— the bringing of Inâ—endiaâ—ies and Delinquents to condign punishment c. all which bands with many more they bâ—â—â—â—â—â—d â—â—st from them â—â— theâ—â— compliance with the King upon his terms So that M r. Geree's clients are not yet recti in Curiâ He lifts up his hand yet again in their Defence and shews his Sect. 21 good will towards them in this Argument They that walk in a way suteable to
the contrarie His fairer probabilities in the other side are but of a very washie and faint complexion I wonder what ample testimonie he ever gave of such a deep Wisdom as M r. Geree poëtizeth in him Himself insisteth upon no particular in this kind Nor I clearly professe do I know how to furnish him As for some wittie expressions plausible insinuations she evasions captious overtures dissembling pretences with never so many FINE DESIGNS of no better calculation than these he that will call dâ—â—tâ—s â—â— wisdâ—m declares himself to be but shallow The wisest â—â—adâ— that leaned to him in his late ingagements and troâ—bles hâ—ve from time to time more complained of his WILL than admired his wisâ—â—m and some of them in particular presaged that which hath since befallen him from his defective and unpoâ—â—tick managing his last and fairest opportunity in the Treatie at the Isle of wight And for that invincible patience and traâ—qâ—illity of spirit iâ— hâ—â— sufferings wherewith the fancie of this Authour seems to be so much ravished I must be beholding to him to â—end me his Faith to beleeve either the one or the other It is too well known how effectually the spirit of impatience and revenge wrought in him all along his sufferings during all which time his head was as a fornace or smiths forge which had alwayes these two irons in it an escape from his restâ—aint and a plotting mischief and destruction against his Parliament and Kingdom Yea whilst the last Treatie it self was on foot wherein the terms of his restitution were brought many degâ—es lower than in anâ— former Treatie they had been and indeed too low by far for an healthfull scituation to the Kingdom as was formerly proved yet did he relent nothing at all from the inveteratenesse of his spirit both against Parliament and Kingdom but was now as intent and active in giving Commissions and in other contrivements in order to the misery and ruin of those who sought his honour and peace in away of righteousnesse onely in conjunction with their own safety as at any time formerly he had been Are these Mâ— Gerees Symptomes of an invincible patience and tranquillity of â—â—irit in sufferings As for his experience which M r. Geree supposeth would have made him wary the truth is that men of will and revenge are of the worst temper and capacitie to learn wisdom of such a mistresse Experience of miscarriages defeatures losses c. seldom teach such men any better wisdom than to project and practice revenge upon such persons by whom they have been worsted from time to time with so much the more subtilty industrie and unrelentingnesse of spirit Whereas M r. Geree addeth that should the King have been Sect. 27 willing to have let out his Spirit in a destructive way of revenge yet â—e could not because his hands by these concessions were tied this conceit hath been weighed in the balance already and found light If he speaks of such an impotency in the King which is contra-distinguished to a legall or equitable poâ—er he saith very true that the King COULD NOT after his Concessions no nor yet before break out in a way of revenge In this case the saying is true Id taâ—â—ù◠possumus quod jure possumus But for the tying of his hands which he speaks of they were much faster tiâ—d by his Coronation Oath and his signing the Petition of Right besides many other bands as well of Religious ingagement as civil than by his late Concessions for the reason above specified And if whilest he was but a novice and young practitioner in comparison in the art of Oath-breaking and promise-waving â—e was so â—ar master of both as to be able to over-rule the strongest Oâ—ths and the clearest and most signall promises in order to the satisfying of his lusts and making way to his own ends is it imaginable after so great an obduration of conscience as by so long an habituated custom in both must needs be contracted by him that such Concessions as Mr. Geree speaks of so pretensible with arguments and pleas for â— lawfulnesse of râ—cesse or non-observance should be able to bridle or hold him in That which follows is but a puff of the same wind By Sect. 28 this recommodation saith he the Parliament would be reinvested in the peoples affections and any attempt of breach on the Kings part would carry so much ill in the face of it that the whole Nation would be ready to rise upon and pluck in pieces whosoever should be supposed to be either Counsellours or Actours in such a breach of Faith c. And the Militia being in the Parliamentâ— hands c. What intelligent man is there to whom such discourse as this seems not a ridiculous kind of utopianisme For 1. In case of a closure or agreement between the Parliament and the King the King would have been applauded and adored by the generality of the people as the Authour of all the satisfaction and contentment which should have accrued unto them thereby and the Parliament looked upon not so much as those who had procured their good at the last as those who by their unreasonable and unjust demands of the King formerly had obstructed their good hitherto The body and bulk of the people would have thought the whole and intire substance of all their affections a gift little enough to bestow upon their King the Parliament was like to have had little or no part of fellow-ship in the businesse The Son that had been long lost and at last was found had the fat calf killed for him 2 Had the King been re-invested in his Throne he would Sect. 29 soon have put the nation out of a capacity of rising up against him or any of this Instruments whatsoever either He or they on his behalf should have done though in wayes of greatest violence and oppression We know that whilest his Honour and power were yet under a great Eclipse and himself in durance he had a party in the Kingdom ready and able according to a rationall estimate of ablenesse or power to have done him the service of treading down the Nation under his feet and of breaking all his Opposers in pieces like a potters vessell yea and this whilest they had an Army valiant and faith full and for number not inconsiderable for a guard to them Yea had not the glorious God who loveth the righteous ingaged the Stars to fight in their courses against that party of his we speak of the work had been done to his hand the bones of the Nation in a way of all humane probabilitie had been so broken that it could never have stood up more to defend it self against him what yokes of Tyranny soever he should have bound upon the neck of it If then his influence was so potent upon his party whilest he was yet in so great an Eclipse and in disputable condition whether he should return to his Throne
by the Authour That God who will blesse the righteous * Psal 5. 12. compasse you about with his favour as with a shield and make you as Angels of God to discern the condâ—oements of this poor Nation and to quit your selves in all manner of worthy and prudent actions with all faithfulnesse accordingly This is the prayer not in face or words but in heart and soul of Your Honours most constantly devoted Servant in the Lord JOHN GOODWIN From my Studie May 17. 1647. ¶ The Contents of the ensuing Treatise THe Ministers great Contributioners to our late and present troubles Sect. 1. The weaknesse of their Addresse to the Generall and Councel of War for the taking them off from assisting the Judiciarie proceedings against the King Sect. 2 3 62 63 64 65. God himself cautioneth against the exemption of Kings from Humane Justice Sect. 3 4 c. A Law of the Land for putting Kings to death as well as other men § 5 6 7 The Plea drawn from the incompetencie of any Authoritie to question or sentence the King answered Sect. 8 9 10 c. The King especially under Delinquencie not superiour no nor equall to the bodie of his People Sect. 9 10 11. and 29. The People have a lawfull power to change their Government when they see just cause Sect. 11 12 c. Rom. 13. 4. Vindicated against the critique Annotation of Doctour Hamond Sect. 13. 1. Petr. 2. 13. Vindicated against the said Doctour Sect. 14 15 16 c. The Doctours Arguments for the immediate derivation of Kingly Authoritie from God answered Sect. 20 21 22 23 c. Par in parem non habet potestatem a rule in some cases none in others Page 29. 30 c. The greatest necessitie lightly imaginable lying upon the Armie to purge the House as they did Pag. 130 131 c. Argument drawn from Scripture injunction to obey Kings and Rulers answered Pag. 32. Who are to judge when or whether Kings be Tyrants Pag. 33. The Parliament a true Parliament and in a capacitie of â—recting a Court of Justice for the Triall of the King Pag. 34 35. Not under force Pag. 36 37 c. The non-concurrence of the House of Lords disableth not the Act of the House of Commons concerning the Triall of the King Pag. 38 39 40 c. The execution of Justice when neglected by the Magistrate dâ—vâ—lves of course to the People Pag. 41 42 44. The fact of Phineas so of Ehud reducible to ordinarie and standing rules of dutie Pag. 43. 44 c. The Ministers Plea from the Covenant answered Pag. 48 49 50 51 c. Reason why the Ministers build so much upon the Solemn League and Covenant Pag. 56. Argument from the Oath of Allegiance answered Pag. 57 58 59 â— Not necessarie that all accessaries in all cases of murtherous ingagements be punished with death Pag. 61 62. Why the King rather to be punished than his instruments P. 62 63 64 c. The Ministers Plea from the punishment of the Kingdom of Israel and of Sauls posteritie for Saâ—lâ— violation of the Oath made to the Gâ—â—â—onites answered Pag. 66. The Ministers put darknesse for light c. Pag. 67. being â—…â—eâ— the worst of all Sectaries Pag. 6â— How weakly they plead their opinion from the Scriptures Pag. 69. The notoriouâ— untruth of their Plea taken from the constant judgement of Protestant Divines Pag. 70 71 72 c. The Plea drawn from deâ—ect of Presidents answered Pag. 77 78 79 c. The Plea from the un-accountablenesse of Kings unto men answered Pag. 82 83 c. Psalm 51. 4. Against thee thee onely have I sinned opened P. 86 87 88. The King had suffiâ—iâ—â—t means to know that his life might lawfully be taken from him for such pâ—â—pâ—rations as he practised Pag. 88 89 c. The taking of the Protestation and Covâ—nant after his ingagement in bloud by the Parliament and Kingdom was no sâ—are upon him Pag. 89 90. The King no wayâ—s defensible by plea of Innocencie Pag. 90 91 92 c. His confession or concession rather of bloud-guiltinesse though in appearance politickly provisioned yet no argument of such depth of wisdom as some attribute to him Pag. 95 96. A bâ—iâ—f touch upon the Kings Book so callâ—d Pag. 96. The bloud shed by the King no bloud of waâ— in any excusing sence Pag. 97 ¶ The Contents of the second Treatise M r Geree stumbleth at the threshold Pag. 100. The reason of his Dedication ibid. Mr Geree no friend to the Parliament though gratified by the Assembly Pag. 101. He condemneth himself Pag. 102. Prejudice an effeminate Passion Pag. 103. In stating the Question between him and Mr. G. he mistakes in every particular and besides conceals some things necessarie thereunto Pag. 103 104 c. M r. Geree pleaseth himself in finding out imaginarie buls Pag. 108 112 Popish writers in points extra-controversall as acute and sound as Protestant Pag. 110. M r. Geree confutes by the Authoritie of such Principles as this What the Word of God saith in one place it must needs say in every place Pag. 111. Not the same reason of subjection to Magistrates from Subjects which is from servants to their Masters ibid. M. Geree jears at new lights Pag. 112. How and how far Oaths to be taken according to the intentions of those who administer them Pag. 113 114 c. M r. Gerees four arguments to justifie the sequestered Members of Parliament answered Pag. 115 116 117 c. The Kings Concessions voted large by M r. Geree and M r. Ptynne antivoted dangerous and destructive by the Reason of one and the Religion of another Kingdom Pag. 117 118 c. An un-princelike Principle in Princes seldom or never to keep Faith with their People upon discontents Pag. 122 123 c. The King according to Mr. Prynne the avowed servant of the Pope P. 124. his distast against the English nation hereditarie Pag. 125. The Parliament would not have been invested in the peoples affections by any recommodation with the King Pag. 127. A DEFENCE Of the Honourable SENTENCE passed by the high Court of JUSTICE upon the late KING Sect. 1. IT is somewhat a slight Proverb but carries an Sect. 1. experienced Truth in it of good portendance to the Common-wealth that Good ale sieldom wants a friend on the beneh But that vile Actions Oppression Tyranny Treason Rapine Depopulations Murthers horrid Murthers yea the evident exposall of a poor wasted Nation to a re-suffering of her late endured miseries and extremities should find so many Friends in the Pulpit and amongst Pulpit-men as is notoriously known they do at this day is matter of a far more deplorable and threatening import unto the Nation That those fourtie odde Ministers of Jesus Christ nam quoniam vult Alexander Deus esse Deus esto or rather the stickling part of them for some were rather subscribed than subscribers yea some I understand have repented of
constituent is above the constituted If we regard the derived and executive power in Parliamentarie Acts they make but a totall and compleat Soveraign power yet so as the Soveraign power of the Parliament being habituall and underived a prime and fountain power for I doe not here separate people and Parliament is perfect without the King for all Parliamentarie Acts as is clear in that the Parliament make Kings * Iâ—â—â— p 37â— It were easy to make the pile of such quotations as these from this Author far greater and to shew how frequently he stiles the King one while the Servant otherwhile the vassal of the Common-wealth So that our London Presbyters in their most audacious shamelesse and seditious vociferations and out cries against the Parliament as having no Authoritie or right of power to proceed as they did against the King and upon this effeminate account desperately charging the most exemplary Act of Justice and for which the world round about them yea even Kings and Princes themselves may have cause to blesse them in sentencing him unto death with the odious and horrid imputation of Murther do as well defie their own great Oracle of Presbyterie as the Parliament withall acknowledge men of greatest learning worth and parts in the Order of Presbyterie to be tainted with errours of as soul and hatefull a nature and import as any that are lightly to be found amongst those whom they honour with the ancient badge of Christianitie and call Sectaries M r Prynne another authour of their own supreme glorie Sect. 10 of their Interest in the Law as the former in Divinitie doth not onely acknowledge but voluminously and abundantly demonstrates if the frontispice flattereth not the bodie of his building the superioritie of our own and most other forreign Parliaments States Kingdoms Magistrates collectively considered over and above their lawfull Emperours Kings and Princes by pregnant Reasons Resolutions Precedents Histories Authorities of all sorts c. Our London Pulpittiers who abuse their credulous and malignantish Auditories by teaching for Doctrine this tradition of their own that the Parliament had no more right to deal by the King as they have done than a thief by the high way to take their purse should have acquitted themselves like men and deserved in part that Interest and Authoritie in the consciences of men which they expect and claim as their due if they had substantially answered the two Books now mentioned composed by Jachin and Boaz. * 〈…〉 the two great Pillars of their own porch before they had suffered themselves to be so deeply baptized into Shimer's spirit as to bring the railing accusation of Murther against the Parliament for their just and regular proceedings against the King Howsoever etenim fas est ab hoste doceri by what the two late named Authours have upon irrefragable premisses concluded it fully appears that the people or their Representative are superiour in power or authoritie unto the King and consequently that this Maxime Par in parem non habet potestatem suffered not by the Kings suffering under the Parliament Besides Reason it self gives the superioritie of power to the Sect. 11 people or Parliament and not to the King For 1. as the Apostle argues the preheminencie of the man above the woman from this consideration that Adam was first formed then Eve * 1 Tiâ— 2 â—â— so may we inferre the like prerogative of the people over the King The people were first in being the King takes his turn after them is not till they have been 2 The same Apostle concludes the same preheminence of the man over the woman from hence also that the man is not of the woman but the woman of the man * 1 Câ—r â—â— 8 The same foundation is as pregnant to bear the superiority of the people above the King The people are not of sprang not from Kings but Kings of and from the people 3 The same Apostle yet again derives the prementioned priviledge upon the man from this spring The man was not created for the woman but the woman for the man * 1 Câ—â— 11 9. In like manner it being evident that the people were not made for Kings but Kings for the people it follows merrily upon the same wheel that the people have the precedency in honour before the King 4 The servant is not saith our Saviour greater that his Lord * John 13 1â— but on the contrary the Lord then his servant Now the King bears the Relation of a politicall Servant or vassal to that State Kingdom and people over which he is set to Govern as appeareth by those three essentiall characters of servitude inseparably attending his office 1. Regulation or appointment of work 2. Wages in consideration of his work duly and faithfully performed 3. And lastly an obnoxiousnesse to a laying aside by the people when they see it meet The King hath his work of Governing appointed or set out unto him by the people in those Laws which they constitute and make for their own Government and his by their Representatives or Trustees in Parliament Secondly he receiveth such allowance or proportion in wages in consideration of his work in governing as the people or State whom he serveth herein judge meet and reasonable to conferre upon him For this cause saith Paul meaning for their work and faithfulnesse in governing pay ye tribute also viz. unto Kings or rulers as ye pay wages unto servants onely you pay it under another name the nature of this royall service being more Honourable than common services are and the exigency of it for your good requiring greater respects in terms and otherwise then inferiour services doe The Crown is but the Kingdoms or peoples livery Thirdly and lastly the Servant saith our Saviour abideth not in the house for ever 1. necessarily or upon any such terms but that his Master is free notwithstanding any Law of God or of nature to put him out of his house when â—e seeth cause yea though the cause be not very materiall or weighty but the Son abideth for ever * 〈…〉 In like manner the people I mean collectively taken have no Law of nature or of God upon them which prohibiteth them from laying aside a King or Kingly Government from amongst them when they have a reasonable cause for it Such a cause as this they have I mean that which is just and reasonable and competent for so doing when either they find by experience that Government by Kings hath been a nuysance to the peace or liberties of the people â—…nd apprehend by reason that if continued it is like still so to be oâ— find that the charge of maintaining such a Government hath been and if conâ—inued is like to be for the future oâ—e-barthâ—n'om to the State conceiving upon good gâ—â—und withall that another form of Government will accommodate the Interest of the State upon equall or better terms with lesse
the Doctour very inordinately pleaseth Sect. 21 himself as if it had made him some such promise as Peter once made to Christ that though all the rest of his Disciples should be offended at him and so forsake him yet â—e would not will be found deceitfull upon the weights and serve him no better than Peter did his Lord and Master at whom he was not onely offended but so deeply as to abjure him The notion or conceit we now speak of the Doctour makes to go far as poor men use to doe that little money they have and spreads it very thin to make it cover two pages or more of his discourse In which respect it is somewhat hard to gather it up clean or fix into a regular body of an argument Yet I suppose I shall not eclipse any part of the glorie or strength of it by casting it into this Hypotheticall form If no man by nature hath power over his own life so as that he may lawfully kill or destroy himself and yet Kings have such a power over the lives of all those that are subject unto them then cannot this power be derived unto Kings by men or from the people Sed verum prius ergo posterius The strength of the consequence stands in the Authority of this topique Maxime Nihil dat quod non habet Nothing gives that to another which it hath not it self And if the consequence be tight and will hold water it is a clear case that Regal or the supreme power â—â— not originally in the people but conferred upon the Supreme Ruler immediately by God To this Argument I answer by denying the consequence in the proposition The reason of my deniall is this because though no man .i. no particular or individual person considered apart by himself hath by nature any such power over his own life as is here mentioned yet as a Member of a Community or politique society of men he hath not simply a power but a necessity lying upon him by way of duty in order to the peace and civil good of this community to consent with others that his life also shall be taken from him by the hand of Justice as well as any other mans in case he shall wrong the community by any crime deserving death The power of life and death is eminently virtually in the people collectively taken though not formally And though no man can take away his own life or hath power over his own life formally yet a man and a body of men have power over their own lives radically and virtually in respect whereof they may render themselves to a Magistrate to laws which if they violate they must be in hazard of their lives and thus they virtually have power of their own lives by putting them under the power of good Laws for the peace and safety of the whole This is evident in all those who either make or consent to the making of any such Laws which inflict death in any case of misdemeanour deserving it First it is a clear case that they who are intrusted with a legislative power for the good of that community which intrusteth them stand bound by way of duty to enact or consent unto the continuation of Laws already enacted for that punishing with death such and such Transgressours against this Community as Murtherers Rebels Traitours c. 2. As clear it is that the persons we speak of who are of duty to joyn in and consent unto the making of such Laws are themselves as Subject unto these Laws being made as other Members of the same community 3. It is as little questionable as either of the former but that these persons both before and at the time of their making or consenting unto such Laws clearly know that themselves are must and ought to be thus subject unto them Therefore it is a noon-day truth that men by nature have such a power over their lives as voluntarily according to a due course and processe in Law to expose them to the stroke of publick Justice in case they shall offend that community whereof they are Members by any crime or crimes worthy death Nor hath the King himself any other power over the lives of any of his subjects but that which is thus conditioned and limited The King hath no power to take away the life of any of his subjects without cause no nor yet for every cause nor indeed for any cause but that onely which by the Law is made punishable with death Nor hath he any such power over any of his subjects or their lives which enables him to command any of them to be their own Executioners though by Law guilty of death yea and sentenced accordingly So that that principle Niiil dat quod non habet shew no countenance at all to the Doctours argument own any relation to it Men have such a power over their lives as is vested in Kings nor could Kings have any such power over them as now they have did not men themselves invest them with it and that in a regular and lawfull way Men have by nature a right or power over their lives whereby they may lawfully submit them unto the sword of a Lawfull Magistrate and consent that in case they shall commit things punishable with death by the Law they shall be taken from them thereby And what power have Kings over them but onely as hath been said according to the tenour of such a submission and consent as this Or upon what other account at least immediate doth even this power it self a cerve unto Kings but by the equitable force and virtue of such a submission and consent from the people The very image tenour and form of the power which Kings have over the lives of their subjects plainly sheweth it to be the off-spring or naturall issue of that power which themselves by nature have over the same And that men in some cases have not onely a power by nature but even a necessity by Religion to expose their lives unto death is evident from that of the Apostle John Hereby perceive we the love of God because he laid down his life for us and we ought to lay down our lives for the Brethren 1. John 3. 16. 1. To be alwayes ready and willing to lay them down upon any just occasion Besides if the power which the King hath over the lives of the people were as the Doctour supposeth immediately from God than he might lawfully execute the same and take away the lives of men without any mediating Direction or warranty from any Law at least from any politique or humane Law whatsoever For certain it is that the execution of no Commission immediately issued by God ought to be suspended upon or determined or regulated by any Commission or constitution of men But whether the King hath any regular or just power over the lives of men other than that which is proportioned formed set out and bounded
OF OUR OWN 4. If the Parliament of England because of the sequestration Sect. 36 of some of their Members by the Army were under force or in no capacity to act Parliament-wise doubtlesse the Parliament of Scotland now sitting is much more under force and upon this account all they have acted since the first of their sitting or shall act yet further must be null yea more formally and apparantly null than any the Acts of the present Parliament of England For about six moneths since the Army of the Parliament of Scotland which invaded this Kingdom being by the blessing of God overcome those that now govern affairs there who were before oppressed by them raised forces of their own Authority and by force caused them who See the Parliaments Declaration o◠〈…〉 17. 16â—â— Pag. 12. 13. had the Parliamentary Authority to flee from Edenburgh and by the help of the English forces than in the North invited to their assistance did compell the disbanding of the forces there remaining that were raised by the Parliament and having modelled their own forces did call another Parliament while the former was by Adjourment continued and gave such limitations to the new Elections as they judged most for the interest safety and peace of that Kingdom And that Parliament hath since sat under the Protection of those forces so raised So that the present Parliament of England is much more free than the Parliament of Scotland For 1. The Members of the former were Elected without any limitations prescribed to or about their Election whereas the Election of the Members of the latter was incumbered and not carried or made with the like freedom 2. The Parliament of England now in being was not brought in by force over the head of another Parliament legally chosen this being forced to flee to make way for that which is the case of the Scottish Parliament 3. And lastly the Parliament of England sitteth under the Protection of forces raised by their whole body and whilest all their Members had full liberty to sit whereas the Parliament of Scotland is attended for their security by forces raised by some few of them onely the forces raised by their free Legall Parliament being by force compelled to disband But 5. That the Parliament of England acteth freely and not as Sect. 37 under any force since the want of their secluded Members or at least as freely as they did before is evident because they now act by the same principles and according to the same genius by which they acted whilest those Members sat with them though by the number and potent influence of these Members upon the House matters were still over-ruled in opposition to them as well as to the liberties and safety of thâ— Kingdom 6. There is no colour to judge the Parliament now sitting to be under force in as much as those under whose Protection they sit are their reall cordiall and â—ried friends being their own Army raised by themselves and who have stood by them and by the Kingdom with all faithfulnesse and with the eminent hazard of their own lives from the first untill now Do mâ—n use to be afraid of their friends their known their long their throughly experienced friends Suppose they had been under such a kind of force which had strongly inclined them to act contrarie to their judgements I mean contrarie to such principles as by which it is like they would have acted in case such a force had not diverted them yet unlesse it can be proved that those judgements of theirs according unto which it is supposed they would have acted in case no force at all had influenced them were consistent with the liberties peace and safety of the Nation which consistencie hath not yet been proved nor ever will there can no sufficient reason be given why their acts should be judged null or illegall It is the saying of Seneca It is an happy necessity which compelleth men to better 〈…〉 câ—â—pâ—… wayes than otherwise they were like to take And in case Parliamentary Acts should be questioned in point of legall validity uâ—on a supposall yea and this in some degree reasonable that Parliaments at the time of their transaction were under force or which is the same under fear of acting otherwise upon this account the validity of all Parliamentary Acts whatsoever in this Kingdom if not in others also will be obnoxious and liable unto question For it may very reasonably be doubted whether any Parliament were ever so free in the passing of any Act but that they were under fear either of the King and his power and party on the one hand or of the people and their discontent on the other and consequently whether ever any Parliament acted with such precisenesse of liberty or freedom as that the genuine and native ducture of their judgements was no wayes touched or wrought upon by any influence of persons or things feared by them If it be yet objected yea but it was onely the House of Sect. 38 Commons that voted the Erection of that Court of Justice which gave sentence against the King The House of Lords concurred not with it Therefore the Authority of this Court was illegall it being contrarie to the fundamental Laws of the Kingdom that either of the two Houses should assume unto themselves or exercise a compleat Parliamentary power without the concurrence of the other I answer 1. Many talk of the fundamental Laws of the Kingdom who I beleeve understand not at least consider not what the word fundamental imports Certain it is that no other Law or Laws of this Kingdom can with any propriety of speech be termed fundamental but onely such the observation whereof by the body of the Kingdom is of absolute necessity to the wel-being of it And no lesse certain it is but that the welfare and prosperity of this Kingdom may stand without any house of Lords at all and much more without their concurrence with whatsoever the House of Commons shall passe in order thereunto Upon the same ground evident it is that the Trial of Malefactours or Delinquents especially in extraordinary casâ—â— of Delinquencie by Juries is no fundamental Law of the Kingdom in as much as the wel-being of the Kingdom may subsist as well without it 2. All Authority and Power of Government being originally Sect. 39 and fundamentally in the people as hath been already proved at large they have a just and legall power in their Representative which is the House of Commons without the Lords to act and do whatsoever they rightly judge conducible to their wealth and safety especially when the Lords shall refuse to concurre with them in such things It is unreasonable to conceive that it should be a matter of sin or unlawfull for a Kingdom to make provision for it self and it is own good unlesse such or such a small party amongst them who prefer their own undue personal Interests before
the publick Interest and welfar of the Nation should consent and joyn with them therein That Law or Custom of the Kingdom which placeth the supreme Authority or power of Government in the three Estates of King Lords and Commons doth it upon this presumption or ground that they all would and should joyn consent and agree in and to all such things and transactions which make for the benefit and wel-being of the Kingdoâ— So that when this presumption â—â— ground faileth as when either the King or Lords refuse to consent unto things of such a tendencie and import that Law or Custom we speak of lose their interest and force of Obliâ—â—tion yet without any violation of their intention For it is not imaginable that any such Law should ever be enacted whereby a Kingdom should be denied a liberty or right of power to provide for it's own wel-being and safety unlesse those that are enemies to the making of any such provision would consent notwithstanding that it should be made Therefore though the Erection of a Court of Justice by the House of Commons without the Lords be contrarie to the letter and out-side of the Law yet a requisitenesse of it supposed in order to the peoples good it is of perfect compliance with the spirit and soul of the Law But 3 And lastly suppose that which is the height of suppositions Seâ—t 40 that can be made against the Justice of that Sentence â—ow under defence and withall far from truth viz. that the Parliament by whoâ—e Authority the said Court of Justice was founded and created waâ— no formall legall or complete Parliament yet will not this neither disable the Justice or righteousnesse of the Sentence unlesse it could be further supposed which apparent Truth prohibiteth any man to suppose that there was some other Magistrate one or more superiour in place and Authority to this Parliament who probably would either have erected alike Court of Justice for the same end I mean for the Capitall triall of the King or else have called him to the â—ar of some Court of Justice already established and prosecuted the same triall here For doubtlesse the execution of Justice and Judgement is so absolutely and essentially necessary to the preservation and well-being of a State or body politique that both the Law of God and nature doth not onely allow it iâ— any member one or more of such a body in their order turn and course 1. when those who are peculiarly deputed for such Execution shall neglect or refuse it as viz Magistrates and Judges but even calleth them unto it and requireth it at their hand in such cases The Execution of Justice in order to the peace safety of the Publick is not a work so appropriate to the office or calling of a Magistrate but that when they in all their subordinations shall neglect it it devolves as it were of course unto those who are not Magistrates yea by â—â—y of duty and necessity unto such who have opportunity and means to perform it This is the clear sense both of God and men When God first published unto the World that great Law Sect. 41 of Justice against murtherers mentioned Gen. 9. 6. he did not limit or confine the Execution of it unto Magistrates or draw it up in such terms as these Who so sheddeth mans bloud by Magistrates shall his bloud be sâ—ed but thus by man shall his bloud be shed doubtlesse to imply that the Execution of this Law doth concern every man in his order and place and not the Magistrate onely in his the Magistrate indeed first but then others also under his deficiency The like intimation I conceive is given afterwards where this Law at first given unto and imposed generally upon all flesh is particularly inserted and that several times amongst those Laws which God himself was pleased to prescribe unto the Nation of the Jews He that smiteth a man so that â—e die shall be surely put to death Exod. 21. 12. So again He that killeth any man shall be surely â—ut to death Levit. 24. 17. The word SURELY import's that though the Magistrate be unfaithfull in his place and shall neglect to put the Law against murther in Execution which is here it seemes supposed that sometimes he will do yet the murtherer must not so escape He shall surely be put to death if he to whom it more properly and peculiarly belongs to administer justice in this case shall prove like a sliding foot or broken tooth to God and that people which hath set him over them and neglect the administration yet shall they to whom the said administration belongeth in a secondarie and more generall way supply that which is wanting in the Magistrate on this behalf In like manner our Saviour himself repeating and confirming though in other words the same Law Mat. 26. 52. doth not expresse it thus All they that take the sword shall perish by the sword of the King or of the Magistrate as if there were none that had right to execute justice upon such in case these refused it but in the general and without confinement to the sword of Magistracie thus All they that take the sword viz. to do violence to the bloud of any man shall perish by the sword It is much considerable to the further clearing of the point in hand that God in delivering those politick or judiciall Laws unto the Jews which he judged meet for their Politie useth the same form or tenour of compellation wherewith and wherein he delivers the Morall Law unto them with the respective precepts thereof As he directeth these to the whole body of this people divisim conjunctim sometimes in the second person singular as THOU shalt â—â—â—â— no otâ—â—r Gods before me THOU shalt not make to thy self any graven image c. Sometimes again in the same person plural as YE shall not make with me Gods of silver or Gods of gold Exod. 20. 23. YE shall not trouble any widow c. Exod. 22. 22. which manner of expression implies that obedience unto the things commanded appertains unto and is expected from them all so doth he in â—â—â— delivery of the Judiciall Law and the particulars thereof addâ—â—sse himself to the generality and body of the people also aâ—â—er the â—ame manner â—â— THOU â—â—â— aâ— Hâ—brew servant â—e shall 〈◊〉 sâ—â—â—â—â—â—s c. Exod. 21. 2. THOU shalt not â—uffer a witch 〈…〉 Exod. 22. 18. THOU shalt not overthrow the right of 〈…〉 Exod. 23. 6. c. So again Also saith 〈…〉 Mosâ—â— Thou shalt spâ—ak unto the children of Israel sayâ—… 〈…〉 die and have no son then YE shall turn his inheritance untâ—â—is daâ—gâ—tâ—â— And if he have no daugâ—ter YE shall give his inheritance unto â—is brethren c. Numb 27. 8. 9. see also veâ—s 10. 11. So YE shall appoint the Cities to be Cities of refuge c. Moreover YE shall take no recompence for the life of the murtherer
aggravating circumstance one or more the Justice of God in this case may well be conceived proportionably to allow somewhat out of course and above the rule for ordinary cases touching the manner of inflicting the punishment When a sin which for the kind of it and without any aggravating circumstance deserveth death is committed with any unnaturall and execrable aggravation besides God usually covereth all irregularitiâ—s which are found in or about the Execution of Justice upon the sinner and justifieth the Execution though it be not managed in all circumstances according to standing rules of Justice in ordinary cases There is the same consideration of the fact of Eâ—ud in killing Eglon unto whom by right of conquest the Israelites had now been in subjection 18 years For howsoever some Court Rabbies secretly to enchant Kings into Tyrants for their unworthy ends have endeavoured to disguise the face of this example also and to make it look like the naturall off-spring of some super-Scripturall converse between God and the spirit of the Actour yet hath the devise been too hard for them to perform neither Scripture nor sound reason affording any assistance to the attempt But this by the way Thus then we see that according to the Scriptures when Sect. 44 Superiour Magistrates faulter in such executions of just Laws which properly and by office belong unto them the right of these Executions accâ—ue to the Inferiour and in case these faulter and fail likewise the power right and care of all such executions devolves not onely by way of right or power but of duty also upon the people Nor is this principle of Devolution in case of failer in the Superiour asserted onely by God in the Scriptures our adversaries themselves in the caâ—se now under plea are friendly yea and zealous assertours of it also The Scottish Covenanters in the year 1639. upon the Kings delay in calling their Nationall Synod published a writing to this purpose that the power of calling a Synod in case the Prince be an enemie to the Truth or negligent in promoting the Churches good is in the Church it self * Tâ—â— Mâ—◠〈◊〉 â—â—â—â—â—lâ—…nt c. lâ—b 3 â— â—â— M r. Prynne borrowing Junius Brutus his pen in case of the incroachment of Tyranny upon the people wâ—o as he saith are Lords of the Publick from the Prince and the conniveance or collusion of most of the Nobles doth not onely acknowledge it as a thing lawfull but enforceth it as a duty and matter of conscience that any one of the Nobles who considers the incâ—oaching Tyranny and detests it from â—is soul take care lest the Common-wealth receive any detriment Yea saith he he shall preserve the Kiâ—gdom even against the Kings will and resistance by which â—e â—imself becomes a King * 〈…〉 c. with much more to like purpoâ—e So that M r. Prynne is clear that in case the next of kin refuseth he that is more remote may lawfully take the relict to wife In the Tractate last mentioned he câ—teth the Judgement of Georgius Obâ—â—câ—us a great Lawyer witâ— severall others standing to the same point Mâ— Râ—tâ—eâ—ford the great Patron of Presbytery notwithstanding patronizeth also that devolution we speak of Convention of the Subject saith he in a tumultuary way for a sâ—ditious end to make War without warrant of Law is forbidden but not when Religion Laws Liberties invasion of forreign enemies necesâ—itatâ—th the subjects to convern though the King and ordinary Judicatâ—res going a corrupt way to pervert judgement shall refuse to consent to their conventions c. * 〈…〉 And more plainly in another place When the King defendeth not true Religion but presseth upon the people a false and Idolatrous Râ—ligion in that they are not under the King but are presumed to have no King eatenus so far and are presumed to have the power in themselves as if they â—ad not appointed any King at all as if we presume the bâ—dy had given to the right hand a power to warâ— off strokes and to defend the body if the right hand should by a palsie or some other disease become impotent and be withered up when ill is coming on the body it is presumed that the power of defence is recurred to the left hand and to the rest of the body to defend it self in this case as if the body had no right hand and had never câ—mmunicated any power to the right â—and at all * 〈…〉 Long before him M r. John Knox his country-man and great Architect of the Presbyterian disciplin in Scotland in a generall Assemblâ— aâ—ouched it in a dispute against Lethington Secretarie of State to be the judgement of Calvin and of the most godly and most learned Presbyterian Divines that be in Europe that the Inferiour Magistrates and upon their final default the people may and ought to execute their Princes for murthering or destroying there liege Subjects Polâ—nus a learned man and a Reformed Divine of good note expresly granteth that when Bishops and Ecclesiastiques are defective either in will or skill for the Reformation of Religion and the Church laiques or private men may lawfully supply their defect herein and act the part of Bishops or Ecclesiasticall persons in such Reformation * 〈…〉 So that opinion which asserteth the right of Authoritative Executions unto Inferiour Magistrates though properly and primarily appertaining unto Superiour when these neglect or refuse them and unto the people when all Magistracie as well that which is Inferiour as that which is Superiour neglect them is no Independent opinion much lesse any private opinion of mine own it is the signall Doctrine of the greatest Rabbies in the Presbyterian School Let me adde this from a late writer that from diligâ—nt search mâ—de into our ancient books of Law it is affirmed that the Peers and Barons of England had a legall right to judge the King which was the cause most likely for it could be no slight câ—â—se that they were called his Peers and Equalls And to conclude as to this point this present Parliament whilst as yet the Legality of it was not questioned in the least through any dismembering or otherwise and whilst it was as yet it remains for ought I know Presbyterian enough viz. in May 164â— upon that Kings refusall of the Bill for the calling of the Assembly oâ—t tendered unto him fell to argue fully aâ—gued what iâ—â—â—câ— casâ—â— might â—e done by Authority of Parliament when tâ—e Kingdoms gâ—â—d is so mâ—ch concerned when a King refuseth aâ—â— absâ—ntâ—th himself from the Parliament And at last it was brought to this Conclusion that an Ordinance of Parliament whâ—râ— tâ—e King is so absent and refusing is by the Laws of the Land of as good Authority to â—ind the peoâ—le for the time present as aâ— Aâ—â— of Parliamâ—nt it self can be * Thâ— Mâ—â— Hâ—â—â— â—â—â—â—râ—…◠lâ—b â— â— â—â— Therefore this Conclusion stands like a great mountain immoveable that the Justice and
Honour of the Sentence against the late King are no wayes impaâ—rablâ— bâ— any such supposition as this be it true or be it false that the present Parliament neither is nor was at the time when the said Sentence was passed a compleatly-legall Parliament There being no Authority in the land Superiour to it at least which was either willing or likely to have brought that Grand Delinquent to condigâ— punishment the right of power yea the necessity of the duty to effect it devolved in course upon them But amongst all the pleas pretexts and pretences levied by Sect. 48 the Ministers of London against the Justice of the said Sentence that wherewith they arm themselves out of the magazine of the Covenant is most importune empty and sencelesse and hath been grownd to powder ten times over by the weight of those counter-reasonings which have fallen from many pens upon it But their Covenant their solemn League and Covenant is their Cornu-copia or Amalthean horn out of which they furnish themselves withall things necessary for the sustenance and support of the Presbyterian cause when it faints and is in want They make both Sea and Land of their Covenant to supply them either with fish or flesh It is not onely a Gladius Delpâ—icus in their hand a sword wherewith they can strike both wayes but a Gladius Versatilis a sword which they can turn every way to guard the entrance into their Paradiâ—e 〈…〉 pâ—g â—â— against all asâ—ailants whatsoever By virtue of their Covenant they claim and exerciâ—e Nâ—buchadnezzars prerogative whom they will tâ—ey slay and whom they will they keep alive whom they will they set up and whom tâ—ey will they put down * 〈…〉 and all this out of a conscientious observation of their solemn League and Covenant As they go to work in justifying of themselves and condemning others in reference to the Covenant they represent it as a Covenant unpossible for them to break and as unpossible for other men to keep For let them act in never so diametrall and keen an opposition to the greatest and deepest ingagements of this Covenant let them seek by all the means they can imagine to diminish his Majesties just Power and Greatnesse let them fire the whole Kingdom about his ears whilst Presbytery is like to have no portion in him let them tread and trample upon the Rights and Priviledges of Parliament like clay and mire in the streets by abetting countenancing incouraging the sons of Bâ—lial in their affronting threatening â—â—rcing the House let them in stead of discovering with all faithfulnesse all Incendiaries Malignants evil Instruments in order to the bringing of them to publick triall and that they may receive condign punishment as the degree of their offences shall require or deserve c. which the Covenant imposeth upon all others who take it but let them I say instead of all this joyn hand in hand comply comport consociate themselves with Incendiarâ—es Malignants and the worst of instruments make Defection to the contrarie party and this in the sight of the Sun yea and oppose with all their might and interest in the people the bringing of such men to â—ublick triall and their receiving of coâ—dign â—unishment and crie out against such who out of Conscience of their Covenant faithfullâ— endeavour to do either as Covenant-breakers perjured unjust bloudy murtherers c. yet they in all these most impudent shamelesse and broad-fac'd violations and prophanations of their Covenant must have the honour and repute of the most intemerate chast and superlatively-conscientious Observers and Assertours of it On the other hand they who have been and are as carefull as strict as unblameable as dwellers in houses of clay lightly could be in performing all and every the Articles in this Covenant so far as would stand with the main end and intent of it which indeed interprete Conscientiâ Conscience being the Interpreter is the Covenant that is who have endeavoured both the Preseâ—vatiâ—n and the Reformation of Religion expressed in the first Article who have in like manner endeavoured the â—xtiâ—pation mentioned in the second who have also endeavoured both the Preservations the one of the Rights and Priviledges of Parliament the other of His Majestiâ—s person and Authority with and according to the limitations and conditions specified in the third Article who again have no lesse endeavoured that discovâ—ry that bringing to pubâ—ick triall and condign punishâ—ent which the fourth Article requireth yet again who have after the same manner endeavoured that firm peace and union demanded in the fifth Article and lastly who have conscientioâ—sly exhibited that assistance and defence which the siâ—t and last Article requireth such men I say who have thâ—s regularlâ— and with all faithfullnesse walked according to all the ingagements of the Covenant onely and meerly because no worshippers of their Diana are by these Ministers paradigmatized reproched and traduced as the most perjured Covenant-breakers under heaven Never doubtlesse was there any pearl â—o mudled and padleâ— in the dirt with the feet of swine never any holy thinâ— so desperatly polluted and profanâ—d as the Covenant we speak of hath been and is yet daily bâ— this generation of men But let us joyn issue with them more closely in debating that Sect. 50 clause in the Covenant wherein they so importunely trust to render the proceedings of the Parliament against the King as against the Covenant also Herein say they we have covenanted that we will sincerely really and constantly c. endeavour to preserve and defend the Kings Majesties Person and Authority in the preservâ—tion and defence of true Religion and liberties of the Kingdom Where 1. It is very observeable how like unto the Scribes and Pharisees of old as our Saviour himself deciphereth them they title the mâ—â—t anise and cummin of the Covenant not onely with passing over but with rising up against the weighty matters of the Covenant as judgement and mercie If there be or was any thing lesse considerable than other in the Covenant I mean of looser connexion with the main end of the Covenant which I presume to be the peace and happinesse of the three Kingdoms doubtlesse it was the Preservation of that Person and Authority which these men insist upon in opposition to that great Article of the Covenant which calleth for justice and judgement bringing to publick triall and condign punishment all Incendiaries Malignants evil Instruments c. as likewise in opposition to that weighty clause wherein the said Covenant bindeth us to endeavour with our estates and lives to preserve the liberties of the Kingdoms For who knoweth not but that the peace and happinesse of the Kingdoms may very possibly subsist as they have subsisted heretofore without that person or his personall Authority whose preservation these men urge with so much importunity from the Covenant both against that Justice and Judgement to the Execution whereof upon delinquents the Covenant bindeth as also against
that mercie to all the three Kingdoms which would be expressed and shewed unto them as well in the preservation of those liberties as in the Execution of Justice upon their enemies and disturbers of their peace 2. Suppose the preservation of the Kings person had been Sect. 47 simply and without any limitation or condition injoyned in the Covenant yet the injunction being grounded upon this presumption that the King himself should and would enter into the same Covenant with us he refusing to come into the bond of the Covenant excludeth himself from all the benefit overtuâ—ed unto him in the Covenant upon those terms and dischargeth the Covenanters from all Covenant-obligations relating unto him The Author of the Discourse intituled Lex Rex was I suppose at the framing of the Covenant in Scotland yea and probably fashioned it both behind and before or however hath ploughed with a better heifer than all our Subscriptioners have done to understand a right the riddle of it yet he teacheth us this Doctrine for truth that if the Condition without the which one of the parties would never have entered in Covenant be not performed that person is loosed from the Covenant * Lâ—â—â—â—g pâ—g â—â— Now I appeal to the Consciences of the Subscribers or to as many of them as have taken the Covenant whether they would have Covenanted the preservation of the person and Authority of the King if they had known the King would not have Covenanted the other things with them especially if they had known that he would so desperatly have opposed all the main ends of the Covenant as he did But this nail I remember is driven home to the head by that work-man who drew up the Armies large Declaration Therefore 3. Where a promise is either made or sworn conditionally Sect. 48 especially when the performance of the condition by him to whom or on whose behalf the promise is made or sworn is of greater moment than the performance of the promise it self in such cases it is as clear as the light that the non-performance of the condition by the one party induceth a disobligation of the other party from performance of the promise How much more when there is not onely a simple non-performance of the condition but also a practising with an high hand in opposition to it First evident it is that those words in the Covenant in the preservation and defence of the true Religion and Liberties of the Kingdom import a condition to be performed on the Kings part without the performance whereof the Covenant obligeth no man to the preservation or defence of his Person or Authority If this be not the clear meaning and importance of them the Covenant is a Barbarian unto me I understand not the English of it But if men will impose aenigmâ—s in the name of Covenants or Covenants made of riddles they can reasonably expect no observation of them but onely from some Oedipus or Fortunatus unlesse they will please to send their heifer along with them Secondly whether the Preservation and Defence of the true Religion and Liberties of the Kingdom be not a matter of far greater consequence than the Preservation and Defence of the Person and Authority of the King I am content to leave it to the Ministers themselves to judge and determin Thirdly whether the King hath not all along since the taking of the Covenant by the Generality of the Parliament and Kingdom acted in a way of full opposition to the preservation and defence of true Religion and the Liberties â—â— the Kingdom I do not much fear to refer to the same arbitration Certain I am that if their tongues and pens were not at vaâ—iance with their judgements this was their unanimous judgement and award whâ—â—est the Parliament smiled and the King fâ—owned upon the Presbyterian Interest Therefore as God by his promise of â—aving those who shall believe stands no wayes bound to save those who shall not believe so neither doth any Covenant or promise though made with Oath to preserve aâ—d defenâ—â— tâ—e â—ings Person and Authority in case â—e shall preserve the tâ—ue Religion and Libâ—â—ties of the Kingdom oblige any man to the preservatiâ—n or defence of either when the King acts destructively either to the true Râ—ligiâ—n or to the Liberties of the Kingdom least of all when he acts destrâ—ctively unto both Mâ— Prynne himself approbante calamâ— citeth these words amongst many others of like import out of Jâ—â—tus Brutus Therefore the people are obliged to the Prince under a condition the Prince purely to the people Therefore if the condition be not fulfilled the people are unbound and the Contract void the Obligation null in Law it self * 〈…〉 Nay 4 The truth is all things duly considered that the Covenant Sect. 49 doth not more if so much promiâ—e or overture unto the King the preservation or defence of â—is Person or Authority by those that should take it as threaten him with the neglect yea and ruin of both from them Thus far the case is evident he that promiseth upon condition intimates and to a degree threatens non-performance of promise in case the condition be not performed especially when the performance of the condition is of much concernment to him that maketh the promise Suppose that God should onely have made such a promise as this unto the world Whosoever believeth in my Son Christ shall be saved without the explicit addition of this threatening but he that believeth not shall be damned it had been a pregnant Item and caveat given unto the world not to have expected salvation from him unlesse they believed Yea the promise â—â— self contains a tacit threatening of condemnation unto those who believe not Nor is it a thing reasonable or worthy of God to conceive that he in a most serious and solemn manner and when he would speak most like unto himself should promise salvation unto the world upon condition that men believe and yet at the same time intend to save them whether they believed or no. Nor would it be in men any thing lesse than taking the Name of God in vain to swear in a solemn manner and with â—ands lifted up to heaven the preservation and defence of the Kings Person and Authority upon condition that he preseâ—vâ— and defend the true Religiâ—n and Liberties of the Kingdom and yet to tell or intimate unto him at the same time that they will preserve and defend his Person and Aâ—thority whether he preserves Religion and Liberties or no. 5 If there be any thing in the Vow Protestation or Covenant Sect. 50 against bringing the King to a judiciary Trial and sentencing him according to his demerits the Ministers themselves are far deeper in the condemnation of tranâ—grâ—ssours than those that have acted in or towards this bringing of him to trial or that have given Sentence against him at least in respect of any guilt contracted by them by either of
Land c. Or else 2. they must prove that had these Gibeonites committed all these horrid crimes and crying abominations in the Land yet God because of the Oath and Covenant made with them would as severely have punished the Kingdom of Isâ—ael and Sauls Posterity as now he did in case Saul in a due and regular processe of Justice should have put them to death Except they can prove both or at least one of these they do but beat the air with Sauls sword that slew the Gibeonites But how miserably and above measure blind do these men Sect. 63 shew themselves to be when they call the proceedings of the Parliament and High Court against the King the drawing upon themselves and the Kingdom the bloud of their Sovereign * A Vindication c. pâ—g 7. That which God and the Scriptures expresly call a cleansing from bloud these men upon the matter as expresly call a defiling or polluting with bloud For bloud saith God meaning unrighteously spilt it defileth the Land and the Land cannot be cleansed of the bloud shed therein but by the bloud of him that shed it * Nuâ— 35 3â— Doubtlesse that of the Prophet hath overtaken these men Therefore night shall be unto you for a vision and darknesse shall be unto you for a divination and the Sun shall go down over the Prophets and the day shall be dark over them * Mâ—â— â—â— When David to the great discouragement of those that had stood by him with their lives in his danger mourned for his Traiterous Son Absalom being now dead Joab challengeth him in these words amongst others This day I â—erceive that if Absalom had lived and all we had died this day than it had pleased thee well * â— Sâ—â— 19. 6. It seemes the Ministers the Vindicatours are deeply baptized into some such spirit and that had the Land remained under that great Pollution wherewith the King by the bloud which he had so causlesly and so abundantly shed had defiled it and the whole Nation perished or at least been severely punished by God for the same this would have pleased them well so that the man of their delight the great Architect of all the late and present miseries and calamities of the Nation might have escaped But it is the lesse marvail that these men should call the purging of a Land the Polluting of it considering that it hath been a stratagem of Sathan in all ages to procure his mark or brand to be set upon the things of God and to entitle himself unto such actions as the Authour or Promotour of them which have been signally excellent and in the archievement whereof the finger of God hath most appeared Thus by his Factour Rabshakeh of old he represented unto the people those zealous ingagements of religious Hezechiah against Idolatrie whereunto his heart and spirit were in speciall manner stirred up by God as if they had been horribly sacrilegious and highly displeasing unto God But if thou say to me we trust in the Lord our God is it not he whose high Places and Altars Hezekiaâ— hath taken away â— Esâ— â—â— c. In like manner in the dayes of our Saviour by his then-Agents the Pâ—arisees he sought to posâ—esse the people with the spirit of his dangerous Errourâ— viz. that when the Lord Christ cast out Devils and unclean Spirits by the finger of God he cast them out by no other meanes than by Beelzebub the Prince of the Devils * Mâ—â—â— 1â—â—4 Hath this Blackamore changed his skin since these dayes of old Or is he not busie at work upon the same trade in the tongues and pens of many of his anointed Instruments at this day amongst us Doth not the same Spirit breathe rank and strong in several veins both of our Ministers Râ—presentatiâ—n and Vindication and particularly where they set themselves to turn the glory of the late proceedings of his Excellency and the Army by which they have highly honoured God and preâ—eâ—ved their Nation into the shame of sin and unworthinesse For is it not in respect of theâ—e actings that they pitie them with an alasse you have eclipsed your own glory and broâ—gâ—t a cloud over all your Excellencies You are now walking in by-paths 〈…〉 Reâ—… pâ—g 9. of your own * And again How is Religion made to stink through your miscarriages and like to become a scorn and reproch in all the 〈…〉 Christian World They have eclipsed their glory by doubling the lustre and brightnesse of it they have brought a cloud wherein God dwelleth â—ver all their Excellencies They have made Religion to stink through their miscarriages i. they have made the Râ—ligion of these Ministers to stink in the nosthrils of all intelligent and considering men by approving themselves so much more righteous and Religious than they Doubtlesse these men stand in the very dint and sweep of that Wo which is gone out from before the presence of God against those who call evil good and good evil who put darknesse for light and light for daâ—knesse and bitter for sweet and sweet for bitter Who justifie the wicked for reward and take away the righteousnesse of the righteouâ— from him * â—â—â—â— â— â—â— But the worst dead flie of all in the â—intment of these Apothecaries Sect. 64 and that which makes it cast forth a most abominable and stinking savour is their insinuation that their Opinion against the taking away the lives of Murtherers if Kings Tyrants by the Sword of Justice is first consonant to the tenour of the Sâ—riptures And secondly hath allway been the constant Judgement and Doctrine of Protestant Divines both at home and abroad with whose Judgementâ— say they we do fully concurre * Represenâ—â—â—iâ—n 〈…〉 1â— They presently after say of the Jâ—suites that they are the worst of Papists but certainly themselves are of the Sect of the Auto-catacrâ—â—es the worst of all Sectaries For is it possible to think but that they know in their Souls and Consciences 1. That there is nothing in all the Scriptures against the cutting off oâ— muâ—therers oâ— capital malefactours by the sword of the Magistrate no though they be or have been Kings 2 That their Opinion in this point is so far from having been the constaâ—t Judgement and Doctrine of â—rotestant Divines that there is scarce any Protestant Divine of note in any of the Reformed Churches but upon all occasions have declared their Judgements to the contrary First let us briefly see how ridiculously they in title the Scriptures to their Opinion The Apostle Jude say they sets a bâ—and upon those who despise Dominion and speak evil of dignities Wo unto them saith he for they have gone in the way of Cain and run gredily after the errours of Balaam for a reward and perished Representâ—â—â—oâ— pag. 1â— in the gain saying of Corah Ergo it is not lawfull for the Civil Magistrate to put murtherers to death if
that are lesse dangerous and not to suffer him to touch or meddle with that which is most like to prove mortall Again suppose an husband man hath a field of goodly corn which he greatly desires to preserve from being either eaten up or troden down or any wayes amoyed by beasts would it not be a signall weaknesse and simplicity in him to make a tight hedge or fence round about this field on all other parts or sides of it to leave that part of it open and without all fence which lies towards the Common where all the Beasts in the Town daily feed and from whence his field is in more danger of receiving damage and spoil then from any other quarter The Experience in a manner of all Ages and of all States which have made triall of the Throne and advanced Kings over them issueth out this clear Observation unto us that the little finger of Kings hath been more heavy in pressures and oppressions in their respective Kingdoms than the loyns of other Practitioners in these ill artes The consideration of which misdemeanour with others so generally incident to this sort of men occasioned doubtlesse that sharp saying of an ancient Father Miror si aliquis Rex salvabitur I wonder if any King over comes to be saâ—ed 〈◊〉 And upon this account questionlesse it was I mean of those strong and dangerous tentations unto violence and oppression wherewith the power of Kings is continually assaulted that God himself sought to quench the heady spirit in his people of having a King over them by casting this water upon it by the hand of Samuel his servant This will be the manner of the King that shall reign over you He will take your sons and appoint them for himself for his chariots and to be his horsemen and some shall run before his chariots and will set them to ear his ground and to â—eap his harvest And he will take your fields and your vine-yards and your â—liveyards even the best of them and give them to his servants And he will take the tenth of your seed of your vine-yards and give to his Officers and to his servants And he will take your men-servants and your maid-servants and your goodliest young men and your asses and put them to his work He will take the tenth of your sheep and ye shall be his servants And ye shall crie out in that day because of the King which ye shall have chosen you and the Lord will not hear you in that day * 〈…〉 c. First when God saith this will be the manner of your King c. he intends nothing lesse than to assert it as the right or due prerogative of their King to do all that which is specified in the Catalogue this is a most absurd and importune construction put upon the words by some fulsome Royalists and Throne-servers Nor 2. doth God in this large Remonstrance concerning those many grievances and heavy pressures which they were like to suffer by the change of their Government and by subjecting themselves unto Kings particularly reflect upon Saul or him that should be their first King as if he were a man more likely to oppresse them with these pressures than his Successours Nor 3 doth he intend any propheticall or positive assertion in this passage that all and every the Kings that shall reign over them not haply that any one of them in particular should make all these sad encroachments upon them But 4. and lastly the clear intent of God in presenting such a particular and ample draught of Regall pressures unto them was throughly to possesse them and in them all other people and Nations of the world besides with a clear understanding and serious consideration of the many sad inconveniences and burthens that are alwayes like to attend upon a Government by Kings by reason of those many bewitching opportunities and temptations hard to be resisted by flesh and bloud especially in the disadvantagious posture of an earthly fulnesse and Grandure wherewith the integrity of men of this Interest is perpetually encountered and endangered above measure So then to bridle Tyrannous and oppressive dispositions in inferiour persons with the fear of humane Justice and Laws and to lay the reines upon the necks of Kings by making them unaccountable in their actions unto either is as if a man being to ride upon a sober and well managed or cool metalled horse should be very provident and carefull to have all his tackling and furniture strong a sharp bit tough rains saddle girts stirrups answerable but being to mount a steed whose neck is cloathed with thunder * Joâ—â—â— â—â— as God himself describeth an horse of War and fierce courage and which is not like to be commanded but with accoâ—trements of the best for such a purpose should say he needs no bridle at all or that a bridle made of a twine threed or a bit made of a wreath of grasse will serve his turn To restrain other men by Laws and fear of punishment and to leave the King free is nothing else being interpreted but to invite him to accept of a pattent or monopoly to practice Oppression Certainly when God shall bind up all the rest of the Devils in chains he will not leave Beelzebub at liberty Unaccountablenesse of actions unto men is so unreasonable and burthensome above measure to the spirits of all considering men that God himself in order doubtlesse to that good opinion which he desireth to raise and to maintain of himself in the mind of his creature man no where claimeth it as any prerogative which he intendeth to insist upon or make use of in his Government of the world Nay he frequently and in expresnesse of terms disclaimeth it and most graciously subjecteth himself and his actions to the cognisance and judicature of men And now O inhabitants of Jerusalem and men of Judah judge between me and my vine-yard What could have been done more to my vine-yard that I have not done in it c. * Esâ— â—â— â— So Ezek. 18. he appealeth over unto his people concerning the Equity or equality of his wayes Hear now O house of Israel is not my way equall And again O house of Israel are not my wayes equall are not your wayes unequall v. 29. Thus Peter and John likewise to the high Priest and Councel Whether it be right in the sight of God to hearken unto you more than God jUDGE YE And Paul to the Corinths judge ye what I say and yet the things which he spake or said were the things of God If he did not allow unto men a faculty or priviledge of judging his wayes and actions would he speak thus unto them Yea not with reverence onely but with the highest admiration of the unspeakable condescention of the glorious God be it spoken he subjecteth himself to a deprivation and losse of all his great Interest of service honour and glory in the
doth more deeply pierce or wound the conscience under the guilt of sin than the rememberance of those great and many ingagements which God hath laid upon the sinner to abstain from all iniquity as there is nothing more sovereign or efficacious to preserve men from the perpetrating of sin under tentation than such a consideration or rememberance Gen. 39. 9 2. Sam. 12 7 8 9. Mat. 18 32 33. c. But I hasten Enough I presume with advantage hath before this been Sect. 83 argued to wash off the colour of this plea The proceedings against the King are not justifiable because he had no reasonable ground or means whereby to conceive or judge that his life could lawfully be taken from him for those crimes for which he was sentenced To omit severall other things which have received a just debate sufficient to reconcile this pretence with the sentence awarded against the King that the Law of God against Murtherers and unjust shedders of bloud so oft repeated in the Scriptures so fully explained and vindicated in this Discourse gave light in abundance unto the King whereby to see and understand that for those very crimes and bloudy perpetrations of which he was arreigned his life was obnoxious to the hand of humane Justice or rather of Divine Justice executable by the hands of men So that if he were ignorant of his liablenesse unto death for the misdemeanours committed by him it was Ignorantia Juris non facti which as Aristotle saith excuseth no man Besides the frequent cases and examples of Justice executed upon Kings by their Subjects obvious as well in the Records of Scriptures as in the Histories of many Nations a first-fruit whereof hath been presented in this Treatise were abundantly sufficient to give the light of this information unto him that if he sinned against the bloud of his people it would render him ipso facto a child of death Besides had he not defaced that writing which was written by the finger of God himself in the tables of his own heart here might he have read it in characters legible enough that he that unjustly takes away the life of another makes a present forfeiture unto Justice of his own Nor was the taking of the Protestation or National Covenant Sect. 84 by the Parliament and Kingdom after the Kings ingagement in bloud any snaâ—e upon him in this kind as ministering any sufficient ground unto him to conceive or judge that Kings might destroy the lives of their Subjects as they pleased without being countable unto the Justice of their Laws for the same It is contrary to all principles of reason or common sence to think that either the Parliament or Kingdom should do any such act which in the direct and native tendencie of it should either flatter or incourage the King in wayes so outâ—agiously destructive to their lives Liberties Estates as those were wherein he was now driving furiously when the Protestation and solemn Covenant were taken by them But such an Act as this do they pretend to be done by them who affirm that by their taking the Protestation and Covenant for the Preservation of the Kings Person after he had lift up his hand unto bloud they ministered a sufficient ground unto him to conceive either that for what he had already done in that way he was not obnoxious either to the Law of God nor to the Laws of the Land inflicting death but especially to conceive that what progresse or advance soever he should make in the same way yet they meant never to question him but to make the â—hoicest threasure of his life though he should make the â—â—seâ—â— dongâ—e of all theirs But the substance of this plea was formerly weighed in the balance and found too light when we clearly proved that there was no ingagement made by any man in taking either the Vow Protâ—station or Covenant for the Preservation of the Kings life or Person but onely conditionall that none of those conditions for there were more than one upon which the takers of any of the three became actually ingaged oâ— bound to the said Preservation were performed by the King And the truth is that all that was ministered by way of occasion or ground unto the King by those Acts of the Parliament and Kingdom lately mentioned was for him to judge and conceive 1. that they both affectionately desired his honour life and happinesse 2. That in case they could not procure or obtain them in conjunction with the liberties peace and safety of the Kingdom that they meant to provide for these whatsoever became of the other To draw towards a Conclusion of the present debate if Sect. 85 the righteousnesse of the Sentence passed upon the King be not impleadeable by the office of a King vested in him much lesse is it impeacheable by his innocencie Doubtlesse never was there any person under heaven sentenced with death upon more equitable or just grounds in respect of guilt and demerit As for Nerâ— Maximinus and other Heathen Tyrants though the letter of their guilt might possible be as deep or deeper than his yet the spirit of it was but light and shallow in comparison They wanted the light of that knowledge without which though men may be monstrously wicked yet are they not capable of admission into the Congregation of the first-born of sinners The King abounded with this light at least comparatively wrought in the face of it works of darknesse horrid works of darknesse Oh how great was the darknesse of such works Some rise up early to commend and praise him for his parts of knowledge wisdom understanding c. but do these men know that speaking these things they put him to the greater rebuke and justifie his Judges who condemned him so much the more That servant saith the great and righteous Judge of all the earth which knew his Lords will and prepared not himself neither did according to his will shall be â—eaten with many stroaks * Luk. 12. 47. Knowledge and â—â—derstanding are the great inhâ—â—nsers of sin and cause the foâ—â—ace of hell to be hâ—â— sâ—ven times hotter than ordinary But for the criminal demerits of the King which make the righteousnesse of the Sentence against him like unto the light at noon-day I shall not mention thâ—â— in words of mine own lâ—st I be charged with undue aggravations but shall present them in such â—â—â—ms wherein his best and most cordiall Friends at least in appearance and such who took hold of shield and buckler for his Defence in the time of his greatest danger have before me represented them unto the world M r. Prynne who in zeal to the Kings cause attempted to Sect. 86 shake Heaven and Earth and who because he could not with Joshua cause the Sun to stand still in the midst of heaven untill he had acted his part in favour of him procured in stead thereof the turning of a naturall night into an
artificial day made of candles for the design speaking of the King whilst yet his hands were but half full of the violence and bloud which were found in him at the time of his arraignment expresseth himself in the businesse thus What severe judgement may such Christian Kings expect from the God of Heaven who contrary to their own frequently reiterated solemn publick Vowes Protestations Imprecations MOST INHUMANELY DESTROY their own flourishing Christian Realms with fire and sword plunder pillage captivate slay MURTHER their most pious Protestant Subjects every where without pitie or remorse * Popish Royal Favoritie Epist to the Râ—ader pag â— Immediatly after If Ahab Jezabel with all their Royal Posterity were utterly cut off eâ—tirpated in a moment for countenancing Idolaters and putting Naboth unjustly to death onely for a pretended blasphâ—â—ie against God and the King of purpose to gain his single vine-yard then what will become of those Kings Jezabels and their Posterities who not onely cherish and protect many Romish Idolaters Priests Jesuites but likewise use their armed power to murther plunder ruin many thousands of innocent Protestant Naboths yea seize upon their whole Estates as forfeited under a pretence of Treason or Rebellion c. The Authour of these passages was not â—ender of arraigning the King as a Murtherer because he never murthered or sâ—ew any with his own hands The Prophet Nathan by Commission from God chargeth David with slaying â—riâ—â—â—ith the sword * Saâ— â—â— 9. though he was so far from slaying him with his own hands that he gave no expresse order or warrant to have him slain by others but onely to have him set in a place of danger in the battel with an intent that he might be slain by the sword of his Enemies Yea and David himself in his humiliation before God upon the same account prayeth to be delivered from bloud-guiltinesse * Psâ—l â—â— 14. To murther with the hand is too servile and small a game of wickednesse for Kings to play at He that murthereth with the hand must take pains and besides is like to be weary before he can dispatch many the way and Method of murther appropriate unto Kings is to murther thousands without striking a stroak and whilst themselvs take their â—ase onely by speaking a word or subscribing a Commission and in this sence the King may be said to have murthered many thousands of his poor Subjects even with his own hands inasmuch as he signed those Commissions by means whereof many thousands of them were murthered with his own hand as the late mentioned Autâ—our besides many others frequently chargeth him The best and most zealous Protestants both he Ministers People both in England and Ireland have been every where most cruelly Maâ—â—acred Pludered Tortured Imprisoned Ruined by the blood-thirsty Popish Cavaliers many of their houses and almost whole Towns fired and sackt by his speciall COMMISSION * â—â—pish â—â— voâ—â—â—â— â—p â—â— the Reader A little after since this unhappy civill War the Papists both in England and Ireland have been armed against the Parliament BY HIS MAJESTIES SPECIALL COMMISSION c. In another place he affirms that the Irish Rebels whom the King calls his good Roman Catholick Subjects in the Articles of Pacification were authorized by COMMISSIONS FROM HIS MAJESTY under the Great Seal now at last if not at first to take up Arms against all Protestants who shall not submit to this strange Pacification there after the bloudy slaughter and butchery of above an hundred and forty thousand innocent Protestants whose bloud must passe altogether unrevenged by the hands of publick Royall Justice and by SPECIALL COMMISSIONS as we are most certainly informed a very probable Argument they had not onely pretended but reall COMMISSIONS FROM THE KING at first for what they acted against the Protestants in Ireland are now sent for over into England where thousands of them are lately arrived and more daily expected to fight against the Parliament and Massacre English Protestants in their own countrey as freely as they did in Ireland his Majesty making base Irish moneys current in England by speciall Proclamation in favour of the Irish Rebels to be transported and made current Subjects here to MURTHER us By all these our whole three Kingdoms if not the very blindest and incredulous Malignants unlesse given over to a Reprobate sence must of necessity see and acknowledge that there is and hath been all his Majesties Reign till this instant a most strong cunning desperate confederacie prosecuted to set up Popery in perfection and extirpate the Protestant party and religion in all his Majesties Dominions which Plot now visibly appears above ground * The Popish Roâ—â—â—â— Fâ—vorite â—â—â— 39. The Commissioners of both Kingdoms spake thus unto the King in their answer of Jan. 13. 1645. Concerning the Personall Treaty by your Majesty there having been so much innocent bloud of your good Subjects shed in this War by your Majesties Commands and Commissions Irish Rebels brought over against the Parliament and Kingdom by your Majesties COMMISSION the War in Ireland fomented and prolonged by your Majesty whereby the three Kingdoms are brought near to utter ruin and destruction we conceive that untill satisfaction and security be first given to both your Kingdoms your Majesties comming hither cannot be convenient nor by us assented unto * See the Collectioâ— of all the publick Orders Ordinances and Declarations of both Houses in fâ—â— Append. pag. â—â— By the way these things considered with ten times more of Sect. 87 like tendency which might readily be cited from M r Prynne especially what he hath written concerning the Kings most solemn and avowed ingagements to the Pope avouching these for the root and spring of all our late troubles and blood-shed can he be looked upon as a person worthy to breath in English ayre or to tread upon Eâ—glish ground much more to sit in an English Parliament who in the face of so many pregnant circumstances breathing out nothing but certain ruin and destruction to the Peace and Liberties of the English Nation in case the King should ever have repossessed his Throne set himself with all his might called up his heart and soul all his parts Wit Learning Law and all that was within him to Re-inthrone him and that without the least colour or shew of the least touch of Repentance in him for those his most disloyall and disroyal enslavements and ingagements of himself to the Pope and popish Interests He talks at random of I know not what Jesuitiâ—all undermining projects swaying in all the consultations and proceedings of the Army and of the Armies being spurred on and ridden with a full carrier by Jesuiticall furies * The Substance of a Speech 〈…〉 by 〈…〉 c. but certainly those Counsels by which M r. Prynne and his Partisans were acted and swayed in their attempt to advance into a three-Kingdom'd Throne a person so deeply and desperatly devoted
I took this Oath to take it in his sence upon such teâ—ms much leâ—â—â— having taken it that I stand bound so to keep it Suppose thâ— sence of those who made the solemn League and Covenâ—nt of which M r. Geree speaks was that the clause concerning the Preservation and defence of the Kings Person and Authority was to be preferred in a case of a competition before that which concerns the Liberties of the Kingdoms or the bringing of Incâ—ndiaries and Delinquâ—â—ts â—â— câ—ndignâ— punâ—â—â—â—ent or agâ—â—â— that these words subjoyned in the former of these two clâ—uses â—â— the preservation and defence of the true Religion and Liberties of the Kingdom do not import a condition to be performed on the Kings part to bring the taâ—â—â—â— of the Covenant under the obligation thereof for â—he 〈◊〉 and defâ—â—â—â— of â—â—â— Person c. but have some other â—â—yâ—â—icall â—eaninâ— â—â—…r the Covenant-â—â—kers themâ—elves but no wayes coâ—â—oâ—â—ing with the plain and direct importance of the words my conscience doth not teach me that I stood bound either to take or keep the Covenant according to either of these sences whether intended or not intended by the makers But there neither was nor is any place for such a dispute as this nor yet for that question which M r. Geree in this place puts upon me in asmuch as the Parliament when they injoyned the taking of the Covenant expresly gave libertie of Interpretation within compasse I suppose of a regular construction of the words to those that were willing to take it So that M r. Geree doth but beat the air from place to place and seldom or never lights upon his adversary unlesse it be with opprobrious and unmanlike terms In which respect I judge it not an ingagement worthy the Readers pains to follow him in his answer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but shall hasten towards a conclusion by the way of his Arguments whereby he seeks to argue the Parliament men disturbed in their way by the Army together with their Parliamentary proceedings into so much worth and honour as to render that act of the Army not onely indefensible but demeritorious also in the Highest Through tendernesse or fear as his own words pag. 14. Sect. 1â— seem to import of exceeding in matters so clear that no man but himself personally and partakingly considered can see either reason or truth in them he abridgeth himself of the liberty of levying any more than onely 4 arguments in order thereunto two of which notwithstanding are like Pharaohs two dreams for matter of import onely one but for matter of truth none at all yet such as they are being the two formest of the retinue let us give them the preheminence in point of examination The former of the two advanceth in this form Those that keep to their Principles Professions and Declarations made when they are confest to be sober in their right wits and true to trust must needs be judged to be so still The Parliament men who indeavour the setling of the King and Kingdom upon his large Concessions keep to their Principles Declarations and Professions Ergo. The second presenteth it self in these words Those that proceed in a way to which they stand ingaged by divers solemn and Religioâ—â— bands they are sober in their wits and true to trust The oppressed Members proceeded in a way to which they stood ingaged by many solemn and Religious bands Ergo. I shall not take any advantage from the severall peâ—cancies Sect. 17 in point of form which are apparant more than enough in the former of these arguments to say that M r. Geree was not his crafts-master in making syllogismes because it may be it was onely the extraordinary intensnesse of his mind upon the matter that occasioned a mindlesnesse in him of the form I shall cope with him about the matter of his argument And here I cannot but take notice by the way how fain he would steal an hypothesis or ground to make his weak argument stand with some seemingnesse of strength He would have it quietly and without the leaâ—â— noyse of a proof supposed that the Kings Concessions at Newport were very large large enough to settle the peace and safety of an unâ—etled distracted and half destroyed Kingdom nay of three Kingdoms upon For in his loud pleading the bad cause of his Assumption he doth not so much as whisper the least word for the credit of this supposition But it may be that Mâ— Prynne and he had compared notes together the sence of the said M r. Prynne concerning these Concessions being this that they were the largest the safest and beneficiallest ever yet granted by any King to his Subjects since the Creation * Mâ— Prynne Epist 〈…〉 hâ—â— Sâ—â—â—ch of Nov ◠〈◊〉 with I know not how many Rhetoricall that I say not ecstaticall encomiastiques heaped upon their heads besides †Pâ—◠〈…〉 Speâ—ch It may be M r. Geree believed half of what M r. Prynne aâ—firmed and this was sufficient for his purpose But the best is we have the Reason of one Kingdom and the Religion of another to balance the confidence of these two mens imaginations about the largenesse of the said Concessions First the Parliament of England which is the Reason of Englâ—nd declares that the Propositions themselves which were made to the King at the Isle of Weight were such as if they had been granted and kept of which they say there was no probability yet would but have returned the people again to their former slavery of which assertion they give a very sufficient account in the words following for asmuch say they as by these propositions neither this Parliament nor any succeeding one was put into a capacity of ever being able to make any good Lawes the King being still suffered to continue his negative vote so long opposed c. * 〈◊〉 of â—â—â— 15. 〈◊〉 If the Propositions themselves had they been granted head and tail from first to last and kept as liberally as granted amounted to no more than to the re-enslaving of the Kingdom what may we think those partiall and cautionary concessions of them by the King as large as his two Champions would make them were like to have profitted the Kingdom Unlesse the old adage should administer some hope to us in this kind 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The half sometimes is more than is the whole Thus then we see that the Reason of England makes but coals and that upon a very demonstrative account of those Concessions of the King of which M r. Geree with his Royall Assistant Mâ— Prynne makes such treasure These men crie up adore the largenesse of them whereas the other who have calculated the dimensions of them with far more exactnesse and skill complain of the narrownesse and scaâ—tinesse of them as comprehending neither the abolishing of the Kings negative vote and thereby no competent or tolerable provision for the liberty of the people nor yet
the Religion that they professe and after the pattern of the wisest and best Professours of it they are sober c. The Parliament men in according with the King upon his Concessions walk suteable to the Religion they professe and follow the patterns of the wisest and best Professours of it Ergò But here also M r. Geree assumes that which was not lawfull for him to do For the Parliament men he speaks of did not in according with the King upon his Concessions walk as he pretends either in the one respect or the other For 1. It is no wayes suteable to the Religion which these men professe either to walk in manifest opposition to the Laws of God or to recede from especially to turâ— head upon such religious Ingagements which they might very well have discharged without any touch or tincture of sin Nor 2. did they in their said accord with the King follow the Patterns of the wisest and best Professours of their Religion For amongst the wisâ—st and best Professours of this Religion obedience to the Laws of God is both taught and practiced and so likewise is the observance of Religious ingagements when it may be exhibited without sin M r. Gerees proof of his Proposition from Junius Brutus passeth by on the other side and scarce looks so much â—s towards it The passage he cites speaks not of Princes that hâ—ve murthered their Subjects and are like being admitted to terms of peace to murther them sâ—ill nor of Subjects who have ingaged themselves by many Religious bands unto such things which are utterly inconsistent with such an admission of their Prince to peace as he speaks of And I beleeve that neither Juniâ—â— Brutâ—â— nor any other Protestant Authour can parallell the case between the late King of England and his Subjects no not in such circumstances which are of greatest moment and weight to fram a resolutioâ— upon Therefore M r. Geree hath not yet recovered hiâ— friends out of that politicall phrensie in respect whereof the Act of the Army in restraining them is justifiable His fourth and last Argument managed in their Deâ—ence iâ— Sect. 22 this Those whose work aâ—d trust is to provide for the Honour safety peace and prosperity of a Nation who proceed in the most probable way to promote the honour safety peace and prosperity of that Nation they are sober in their wits true to trust But such was the work and trust of the restrained Members they took the most probable way to promote all these Ergo. I answer by denying yea and more than denying the Minor The restrained Members in their closure with the King upon the terms so oft mentioned were so far from proceeding in the mâ—st probable way to promote the â—onour safety c. that the course they steered herein was highly menacing the honour â—afety and peace of the Kingdom yea according to the most pregnant symptomes of a probability likely to have fild the land with all the bitter and dismall fruits of enraged Tyranny For 1. The King was an old and known Practitioner in pretences and shifts to evade any obligation whatsoever lying upon him whether by promise compact or oath in order to the promotion of his tyrannicall ends yea though he were in never so clear and absolute a capacity for ingagement when he did ingage himself in any of these kinds I shall not need to instance particulars he never pawnd but he forfeited fides quoties facta toties fracta Hiâ— wont was in his greatest injoyment of freedom and power to spread promises as snares in the way of his people to take and to destroy them Now tâ—e by-past actions of men as I say and prove more at large in my Right and might well met * Pâ—g 19. â—0 c. especially practised in an uniform tenour for any considerable space of time are propheticall of what their future â—ctions are like to be Neither doth M r. Geree tender so much as a first-fruits of the least or lightest probability that the King had he been re-advanced unto his power upon his Concessions would not upon the first opportunity have taken and cast them behind his back as he had from time to time served his promises formerly In respect of this known â—edifragous disposition and Gâ—nius of the King the Parliament plainly say concerning his Concessions that there waâ— no prâ—bability that they would be kept * Dâ—â—lâ—â— oâ— Jâ—n 15. â—â—â—â— pag. 10. Nay 2. there was so much the 〈◊〉 â—â—obability that the Sect. 23 King for standing by these Concessions would have receded from his former practise of promise-breaking by how much the more plausible a pretext he had for â—â—â— deâ—â—rting them above what he was ever accommodated with before for the violation of any other promise made by him All his former iâ—gagements were taken up by him whilst his person was infulnesse of â—onour liberty and power whereas these Concessions were drawn from him upon an advantage taken from his low condition being now in a kind of durance and under the power of the Parliament In which respect whatsoever he should grant or â—ield unto upon such terms would seem raâ—â—â—r eâ—torted and wrâ—ng fâ—om him by the iron hand of necesâ—ity and fear than be looked upon as the genuine and free â—cts of his will and conâ—equently a recesse from them mâ—st needs have been very easie of digestion unto him who had so familiaâ—ly accustomed himself to eat words of a far worse and moâ—e diâ—ficult concoction Upon this ground the Parliament it self looks no otherwise upon those Concessions of his which Mâ— Geâ—ee and Mâ— Prynnâ— so much magniâ—ie than as words intended by him onely for his accommodation not obligation Neither can we believe say they that any agreement we could have made with the King in the Isle of Wight in the condition he was then in would ever have been obâ—erved either by himâ—elf or his paâ—ty For â—etting aside the bare name of Honour Safety and Freedom which the Treaty did pretend unto neither the King or any of his did ever hold him in any other condition than that of a Prisoner * 〈…〉 And having clearly proved this from expressions of his own both in a message sent by him to both Houses Oct. 2. 1648. in letters to a prime Magistrate in this Citie as also from the Prince his Declaration made at Goree they subjoyn thus And since inforced Oaths are in many mens judgements not necessary to be kept what assurance could we have that He who had so often failed of his promise made to us when he was free and at his own disposall would make that good to us when he came to be re-established in His Royall power which he had oblieged himself to doe when he was in durance and a Prisoner Yea M r. Geree himself seems to intimate a degree at least of unreasonablenesse in the terms put upon the King by the Parliament in the said Treaty
†〈…〉 as if he intended to make a dooâ— thereof by which the King might make a plausible if not an honest escape from his Concessions when he pleased 3 It hath been the Observation of many Generations that Kings never held themselves bound to keep any agreement made with their Subjects especially made in order to a composure of any differences between them further or longer than themselves pleased Many examples are upon record of the violation of such agreements by Kings but few or none of tâ—e Observation of them upon any other terms than those speciâ—â—ed â—â—â—istâ—â—â—n the second King of Dâ—nmark not much above an hundred years past driven out by his Subjects and received agâ—in upon new Oaths and Conditions broke thâ—ough them all to his most bloudy revenge slaying his chief Opposers when he saw his time both them and their children invited to a â—east for that purpose Maximilian the Emperour dealt little bâ—tter by the inhabitants of â—ruges after he was reconciled unto them yea though this reconcilement was procured and effâ—â—ted by the mediation of the Princes of Germanie and drawn up in publick writings sealed And as one well observeth the bloudy massacre at Paris Anno 1572 was the effect of that credulous peace which the French Protestants made with Charls the ninth their King * 〈…〉 p 4â— who likewise addeth that the main visible cause which to this day hath saved the Netherlands from utter ruin was their finall not beleeving the perfidious cruelty which as a constant Maxim of State hath been used by the Spanish Kings on their Subjects that have taken arms and after trusted them as no later age but can testifie heretofore in Belgia it self and â—his very year in Naples The same Authour likewise observeth very pertinently to the point in hand that David after he had once taken arms never afterwards trusted Saâ—l though with tâ—ars and much relenting he twice promised not to hurt him This dissembling of â—eâ—d till an opportune time for revenge was it seems even in Hâ—meâ—s dayes taken notice of as a principle familiarly practiced by Kings who upon this account makes Chalcas speak concerning Agamemnon thus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. A King when angrie with a meaner man Will have the better on 't For though to day He should digest his cholâ—r yet be can Reserve in brest on purpose to repay Wrath and revenge in due time afterwards The present Parliament likewise taketh knowledge of that unprincely Principle in Princes which we now speak of in their oft-mentioned Declaration of Jan. 15. 1648. pag. 12. 13. Hardly say they can any example be produced either forreign or domestick of any Prince once ingaged in a War with his Subjects that ever kept any agreement which he made with them longer than meer necessity did compell him theâ—eunto The eâ—amples to the contrarie are so many and so manifest and the late bloudy violation of the peace betwixt the Crown of â—â—â—in and those of Naples is so fresh in our memoriâ—â— as we cannot expect any Propositions agreed upon at the Isle â—â—â—igâ—t should bind the King more than Fundamental Laws and Coroâ—ation Oath besides his often Protestations and ingagements in the Name of a King and oâ— a Gentleman which He hath so often violated And though that Pâ—overbiaâ—izing Prayer of the Italians to be delivered from 〈…〉 a â—â—â—â—â—ened â— or strained â— wind and fâ—om a reconciled enemie too generally understood may well be conceived to trench upon the Principles of Châ—â—stianitie yet in reference to Kings and Princes it imports none other than that Serpeâ—tine Wisdom which Christianitie alloweth yea and commendeth unto hir children 4. If the Thrones of other Kings and Princes have been so â—â—â—â— 25 constantly haunted with the wicked spirit of Covenant-breaking with Subjects upon differences and discontents there was little hope that the Throne of such a King would be free whose Genius should inspire him with this saying that â—e never â—ad forgiven an injurie nor ever would Ex ungue lâ—onem 5. There was yet so much the lesse hope that the late King would have stood by his Concessions because he had so solemnly with so much Conscience such as it was resigned up himself if M r. Prynns story be true to the service of the Pope who first claimeth a right 〈◊〉 ower to dispence with Oaths and much more with all ingagements of an inferiour nature and 2 driveth an Interest altogether inconsistent with the reall and effectuall performance of the said Concessions by the King The words of his own letter to the Pope as M r. Prynne translateth them are these I intreat your Holinesse to believe that I have been alwayes very far from incouraging Novelties or to be a Partisan of any Faction against the Catholick Apostolick Roman Religion But on the contrary I have sought all occasions to take away the suspition that might rest upon me and that I will imploy my self for the time to come to have but one Religion and one Faith seeing that we all believe in one Jesus Christ having resolved in my self to spare nothing that I have in the world and to suffer all manner of discommodities even to the hazarding of my estate and life for a thing so pleasing unto God * 〈…〉 6. And lastly It was the confident sence of some very intelligent and sober men many years since from whom I received it upon a very good account for the Truth of it that upon the Execution of Justice upon the Scottish Queen in this Kingdom there entered a foul spirit of revengefull intentions against this Nation into the line Royall of that which as they suggested hath wrought accordingly ever since as well in the Father as in the Son though not with an uniformity of open vigour or violence the naturall temper of the one being more timorous and inclining to politick clandestine and underhand actings than of the other But that the mischief ruin and destruction of the English Nation was become the hereditarie ingagement of that Crown unto which it was subject till of late is conjecturable if not demonstrable by the foot-steps of so many State-actings from time to time of an uniform tendencie that way that a man must shut the eyes of his understanding very close not to see or at least not to be strongly suspicious of it And by this time enough I presume with advantage hath Sect. 26 been said to prove M r. Gerees sence touching the point in hand very anti-rationall viz. that the King had he been restored upon his Concessions would not have let out his spirit in a destructive way of revenge His temper spirit tenour of former actions resignation of himself Crown and Kingdom unto the Popish Interest his heiring an inveterate and deadly feud against the English Nation with severall other symptomes of like Prognostication with these proclaim aloud
or no as to spirit them with zeal and courage to attempt the shaking of the whole Nation for his sake to batter ruine and destroy both Parliament and Army and whatsoever should be found standing up against him what would his presence upon the Throne withall the raies of Majestie spread about him have been but as life from the dead unto them Or is it reasonable to conceive that He that had so many hands reached out unto him whilest he was dismounted and in no capacity of rewarding them to help him up into his Throne would having been once seated in the Throne where fields and vineyards and Captain-ships over hundreds and over thousands doe abound have wanted hands to have supported and maintained him in it upon what terms soever Was there ever a generation of husband-men heard of that were zealous in sowing and luke-warm in reaping 3. Suppose the nation or the far greater part of men in it Sect. 30 would have been ready to rise up against all such whom they had judged either Counsellours or Aâ—â—ouâ—s in any such breach of Faith on the Kings part as M r. Geree speaks of in respect of the generality of the people I mean in case the Kâ—ng contrary to his concessions should have fallen foul upon men no wayâ—s obnoxious to the hatred of the people for Religion yet it is an extreme weak Supposall to think that the Generality of the Nation would have acquitted themselves with such supererogating zeal in the behalf of such men whom they inwardly hate and look upon as the enemies and disturbers of their peace and the worst members in all their body Now these are the men men that are truly conscientious and that cannot swallow the morsels of the Common iniquity of the times and profanesse of the places where they live whom the King looked upon and that not without cause as the first-born of those who opposed him in his late insufferable encrochments upon the liberties and comforts of his people and consequently are the men either onely or chiefly with whose misery and ruine he was in travail yea and questionlesse might within a few dayes after his return to his Throne have found a time for an easie deliverance 4. And lastly concerning the being of the Militia in the Sect. 31 Parliaments hand it is of every whit as empty a consideration in reference to M r. Gerees purpose as the former First because the King and the Parliament as now the constitution of it was reduced and wrought about at least in respect of the Members sequestred who we know had a potent influence upon the house were no more two but one The Members we speak of had in works renounced fealty to the weal of their old Lords and Masters the people and were turned homagers to the Interest of the Crown So that in point of benefit or safety to the Common-wealth it was much of one and the same consideration whether the Militia were to be put into the Parliaments hand or the Kings If it were in the Parliaments hand one day it was very like to have been in the Kings the next But 2. suppose the Parliament in their united strength should have kept close to the interest of the people and managed it in due distinction from that of the King there is scarce an hairs breadth of probability but that the King having recovered the advantage of his Throne would in a very few dayes have made himself as absolute a Lord of the Militia aâ— ever he had been heretofore It was generally esteemed half a miracle when time was that S r. John Hâ—tham should make such a demâ—â—â—e as he did about rendering up the Town of Hâ—ll unto the King upon his demand and yet we know he was cajâ—ld afterwards with the inchantments of Majestie and Majestique proffers Where should the Parliament have found men through the Kingdom in whose hands the Militia might have been â—o much as probably secured to them from between the Kings smiles and frowns Parliaments themselves who have the bâ—st fooâ—ing of all others to keep their standing yet how proâ—e and ready have they been from time to time to â—ick â—â—â— dust at the feâ—t of Kings Many saith Solomon will intreat the favour of the Prince and every man is a friend to him that giveth gifts Prov 19 â— Besides it is but too well known of how weak a Constitution the trained bands in the respective Counties generally were and ready to arm with the King though against themselves and their own peace Moreover as we reasoned lately if the King whilest yet he was sitting upon the dung-hill â—ound Men and Arms enough for he wanted no numbers of either to lift him up into his Throne though both a Parliament and Potent Army with all their Interest and power forbâ—d the Elevation questionlesse had he been advanced and once warm in his Throne accommodations in both kinds would have flowed in much more abundantly unto him He that had no want of Friends in adversity was it like prosperity should impoverish him So that as well one as the other of Mâ— Gerâ—â—s conceits first that the King though â—â— had been able yet would not have let out his spirit in a way of revenge â—econdly though â—e had been willing yet â—e would not have been â—ble are both â—â—â—â—ably frivolous and importune There is no reason worthy a conâ—idering man but â—o think thaâ— he would have â—ound both will enough in himself and power enough in others to have aveâ—ged himself on the Nation those especially whâ—m â—â— looked upon as his greatest Opposers had he regained the opportunity and advantage of his Throne And thus I suppose the premisses considered we have Sect. 32 bâ—ought â—orth this Conclusion into aâ— clear and perfect a light as any the Sun shineth at noon-day that there was a very great and formideable Necessity lying upon the Army to liâ—â—â—â— both â—â—â—rt â—â—d hâ—â—d to that great wâ—â—â— of 〈…〉 Parliament into a capacity of shewing mercie to the Nation by freeing them from the sad incumberance of such Members whoâ—e counsels and proceedings in the House obstructed them in that good work and threatened apparant miserie to the land Yet for a Conclusion give me leave to light up a candle or two whereby to see the Sun I mean to give a furthâ—r account of the primogeniture of that Necessity which aâ— far aâ— thâ— credit oâ— Authority of any thing whatsoever known by the Name of a Necessiâ—y extendeth justifieth the Army in that commendable and yet withall so much condemned an action First besides the declared and known intentions and resolutions of the Members â—equestered to bring in the King upon his own terms or Concâ—ssions the Army I understand had steady inteligencâ— that the said Members or at least the Grandees the active and leading men amongst them had resolved the very next morning after the rub they met with to have Voted the disbanding of the
Army And secondly to have adjourned the House for two years Both which votes their numbers Subtilty Industrie in promoting their own ends interest in the House considered they might easily have carried and as for the House of Lords in all things relating to the Royall Interest they were as these were they could deniâ— them nothing How apparantly destructive both these Votes especially in Conjunction would have been to the Kingdom and more especially to the Army and the whole Parliamentary party in it a â—ew un-prejudiced thoughts are sufficient to determine First the Army being despoiled of the Title and Authority by which they had acted hetherto and by which they are yet in a regular and lâ—gall capacity of acting had been left nacked â—o the fury and revenge of the King and his party there being no provision at all made in those his Concessions for their security or indemnity in which condition they had been necessitated â—ither to reject that Parliamentary Order or Vote by which they were injoyned to disband and to stand to their aâ—mâ— upon their guard notwithstanding which in all likelyhood would have involved the Nation in new combustions and thâ—se as bloudy and grievous as any the former had been or else to have offered their throats to him whose mercies â—â—re â—â—â—â—ll and whose cruâ—lty had been whetted by themselves to the kâ—â—nest edge which the metall of it would bear by 7. years provocations Which considered were that true which M r. Geree presumption-wise chargeth them with as a matter of high demerit viz. that it was through fear of their own lives and to escape themselves that they dealt so roughly with the Parliament men the truth is that they were not much if at all upon such an account to be condemned For perill of life yea though not extreamly imminent or urging is of that kind of necessity which the positive and expresse word or Law of the Gospel it self authorizeth with a dispensatorie or superseding faculty over many the Lawâ— of God himself as I have fully proved in my Right and Might well met yea which the Law of nature it self authorizeth with a like power over the Laws and constitutions of men And if it be lawfull for me to defend my self against him that assaulteth me though with the perill yea or losse of the life of my Assailant why should it be deemed unlawfull for me to turn such men out of their way though it be with their disparagement and contrarie to a standing humane law whom I clearly find to be under a purpose and present ingagement of delivering me up into the hands of my implacable enemies without cause I adde this that for men to make their peace with their enemie with the heads and lives of those who have with the eminent hazard thereof for 7. years together protected them against the revenging power of this enemie is as unreasonable unnaturall unworthy an Act as is lightly incident to the nature of man not extreamly imbased and degenerated For the latter of the two intended Votes mentioned concerning the adjournment of the House for two years what did the intendment of it by the said Members import but their deliberate desires if not clandestine and under-hand ingagements unto the King to remove all obstructions and impediments out of his way and to bring him in with the greatest liberty and freedom his soul could desire both for taking revenge upon all those whom he or hiâ— would please to call enemies and to put the Kingdom it self into what posture he should desire to be troden upon and tyrannized over without danger I confesse if this with all the particulars formerly mentioned by way of inducement unto the Army to sift and garble the Parliament as they did will not amount to a Necessity yea to a Necessity of the first magnitude to a Necessitie like unto a King upon his Tâ—rone against whom there is no rising up I have need to be taught the first rudiments of Necessitie because upon such a supposition I am conscious to my self that I understand nothing â—â— all of the nature propertie or condition of such a thing Some odde Reckonings between Doctor HAMOND and the Authour set straight I Perceive by some pieces published by this Doctour Sect. 1. since the late troubles and differences in the land that he hath some particular desiâ—e to ingage me I cannot account either unto my self or to any other man for the reason or cause of such his desire considering that many others have taken up the bucklers against that cause and party which he maintaineth as well as I and that I never in any of my writings untill now either mentioned his name or any of his writings or any wayes personally reflected upon him in the least I have I confesse heard frequently of him nor have I at any time heard any thing concerning him but well and worthy of a man his Judgement in the Grand State-question of the times onely excepted the disparagement whereof I was very willing to passe by as judging it honestly covered with his other principles and regular deportments in the world But since he hath once and again and perhaps ofteneâ— than is yet come to my knowledge lift up the standard of his pen against me I have at last taken the field hoping to right my self at that weapon wherewith I have been assaulted What of mine he hath essaied by way of argument to make crooked in his humble Addresse c. I have I suppose in the first of these Treaties upon the same account made perfectly straight What of mine he further censureth by way of charge and imputation in that Treatise I shall revise and vindicate after the ingagement of a few lines first to right a former Treatise of mine now of seven years standing and more in the world called Anti-Cavalerisme against some injust aspersions cast upon it by this Doctours pen. Which nakednesse of his notwithstanding I had covered with silence and neglect had he not allarmed me the second time with the same Trumpet Pag. 24. of my said Treatiâ—e intituled Anti-Cavalerismâ— the Doctour it â—eems met witâ— this passage from my pen. How easiâ—â— migâ—t he Tertâ—llian mistake and miscarrie in a matter quite besidâ—s â—is profeâ—sion and course who not long after miscarried sâ— grievously in his own as to turn Montanist who called himself thâ—â—oly Ghost c. The latter words of this period the Doctour exagitates with theâ—e as if saith he I should RESOLVE this man knew no Logick becaâ—se in this period he offends so much against Grammar in these words to turn Montanist who called himself the holy Ghost where the Relative who hath certainly no Antecedent Tertullian CANNOT for he called not himâ—elf the holy Ghost and Montanist CANNOT unlesse as once Areopagi signified the Areopagites so now by way of compensation Montanist must passe for Montanas for he it was that called himself the holy Ghost What an eagle thus to beat and