without any dispute For {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} is Justice of {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} to part or divide in two Hence {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Judge as it were {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} because he cuts a thing in two equal parts So in the definition Justice is Perpetua constansque voluntas jussuam unicuique tribuens And for distributive justice which according to Logicians is either rewarding or punishing this later Judicatory Justice is qua Paenis debitas aequalitur unicuique distribuit which distributeth due Punishment equally to every one Again If the offender because he is great as a king or prince should therefore be spared it were directly to depart from Justice both in propriety of speech true definition {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} that is a right judgment not respecting the person to wit for his greatnesse power place wealth c. Thirdly For Reasons I have this to say Wherefore Kings should be punished according to law if not more yet as much as other men 1 Because by their ill example they do more hurt than other men 2. Their sins do more provoke God and draw down Divine wrath upon a nation and therfore there is the greater reason that the Land should be purged of such pollutions 3. The taking of this course would be very much for the publick good and safety for if princes knew they should be punished as other men for their crimes according to law they would be as careful as other men to observe and keep the same Oderunt peccare mali formidine paenae 4. The practise of this would be a very helpfull means to save their souls for whence comes it to pass that they care not what they doe but because whatsoever they doe they know no man will punish them for it 5. If this course were taken there would not be such horrid and execrable wayes used to get Crowns as poysning and murdering of fathers brethren c. but conscience then and a desire to do good would be the chiefest motives leading men therunto 6. In constitution of a Prince whatsoever is confirmed upon a man in respect of office and authority it doth not any way make a change upon his Person neither puts him at any distance touching subjection to the Law more then he was before this relates only to a qualification that is the people judging him to be fit he is invested with a power and right to administer justice but for his personall estate that remaines the same as formerly neither is he by this exempted from Law either directive or coactive more then when a man is made a Judge Justice of peace or the like In this case Civil Magistrates and Church officers are alike what office or function soever a man hath in the Church of God he is still under the power of the Church and for his person the Church-censure can reach him still as it did before For the institution of Pastors Teachers or Elders doth not in the least exempt or priviledge such eclesiasticall officers from the highest censure of the Church more then any other member if there be just cause to proceed against them And there is something to this purpose in the Popish Cannon Law how in case of heresie the Pope ceaseth ipso facto to be Pope looseth his spirituall jurisdiction and authority and deserveth justly to be really deposed Can. si papa 40. Carer Azorius Antonine 3. part shewing that the office of a Pope adds nothing to the person of the man for howsoever he is above the rest for his place yet he is still subject to the Law and under censure yea to be deprived of jurisdiction and Papacie in case he prove an heretick For conclusion then this I positively affirm and will stand to it Where Kings are under Law and receive their Crownes from the people upon protestation and oath to keep the Laws and where the supream Soveraign power of a nation is invested in the Senate and people there Kings for their Tyranny and misgovernment may be convented judged and punished neither are they more exempted from the highest civill punishment then Eclesiasticall officers are from the highest Church-censure their persons are still in the same consideration as other mens persons are and therefore for their transgressions as other men may be judged and punished Now to come to the third particular which is That the people have power not only to convent but to censure depose and punish their Kings for their Tyranny and misgovernment For the confirmation of this I shall desire the Reader to take notise 1. What reasons there are for it 2. What Law 3. What Scripture proof 4. What prefidents and examples both of other nations and Kingdomes as likewise of our own 5. And lastly what the judgment is of learned men touching this thing Reas. 1. It is an undoubted rule of divinity and policie that it is more expedient that one man die though a Prince or King then the whole nation should perish John 11.50 18.14 If the right eye or right hand offend it must be pluckt out and cut off as in the naturall body if a member be so corrupt and putrified that unlesse it be taken away the whole body is in danger to perish in such a case for prevention and health sake every one wil allow the cutting it off so in the politick body when the safety of the whole lies in the removing of one or more unfound and bad members it must be don and it is necessary it should be so for it is a maxime in Philosophy that totum non subjicitur parti sed pars toti so again totum non regitur motu partis sed pars totius to which that is agreeable in the Poet immedicabile vulnus En se recidendum est ne pars sincera trahetur Reas. 2. Kings being the people officers ministers creatures as we said it must needs follow that they are responsable to their masters and makers and being found unfaithfull stewards they have power to displace them of their trust and office If the keeping of a city or castle be committed to a man and he betrayes the same to the enemy or dismantles the wals and fortifications to expose it unto danger is it questionable in such a case whether the State putting him into that trust may not call him to an account and punish him justly for it Reas. 3. When two men contract and covenant together upon certain conditions and termes if one party break the agreement the other is set free and no further bound to him either in point of Law or conscience When Kings break their coronation oaths and promises keep not the conditions and termes upon which they were elected and crowned but become tyrants the bond and knot between subjects and them is essentially broken neither is there any tribute duty custome or alleagance
for this how doth he make it good Here he useth the common practice of false accusers but I shall leave that to some other pen and why not the falshood as wel 2. Whereas in the Remonstrance the instability of the Parliament is shewed and the evil practices of the King's partie Here he saith they are too harsh and without any molifying oyl c. First 't is cleer to every man that hath sence that Mr. Sedgwick is not sometimes at home to take an account of his own soul he taxes the Army as over harsh too large in opening the faults of others whereas he pitiful man hath written six or seven sheets and all for the most part are accusations against the Army and the grossest and vilest that can be aggravated to the highest 2. That the Parliament for their sins are scattered and broken This in part is true to wit such Members as turned aside to their crooked waies the Lord hath led them forth with the workers of iniquity but peace shall be upon the rest 3. That the whol Kingdom is full of discontent against them I beleeve t is so and more discontented will they be when they shall more cleerly understand their particular treasons and bloody designs in joyning with Malignants their under-hand plottings to raise up farraign and domestick forces to destroy the Army and the wel-affected through the Kingdom 4. That the King's partie are strugling to get from under their intollerable afflictions but cannot No marvail seeing they grow worse and worse and like mastives are the fiercer for their chain and you Mr. Sedgwick seek to increase their miserie by your daubing with untempered morter prophesying peace and safty to them and that their deliverance is at hand and you know who did so Ezek. 13. by which means they are hardened and so fatted for destruction 5. To that which you say of the Army that they are not like the good Samaritan but are as flesh flies or the man possessed with Devils seek the lands ruin to the furthest As the Lord hath hitherto spoken for them cleered their innocencie in spight of Hell and maugre all the powers of darkness so he will in this present work be a witness for them and make it manifest to the world by setling a wel-grounded peace what they have desired fought for and sought after and what hard things they have suffered for the good of the Nation The Righteous shall see it and rejoyce and all iniquity shall stop her mouth We have next his Story and 't is a wofull one First he saith Once our King and Parliament or people lived quietly and lovingly together imbraced in the arms of Divine Goodness prospered together as husband and wife When was this once It is so known an untruth what he speaks as I need not say any thing to it onely wish him hereafter to pray with David set a watch O Lord before my mouth keep the door of my lips I could multiply instances of the continual dissentions and differences between King and Parliament from the beginning of his Reign down al along to this present Parliament and for the People such as were most sincere and pious lived not quietly and lovingly together with him but suffered extremly under him even to the spoiling of their goods imprisonment banishment and some losse of life and this only for the truth sake 2. In calling the King husband and the Parliament wife as the former was false so this is foolish And 3ly Is that true that the Army have alwaies lusted after the royal bed What alwaies how are they then deeply revolted and turn'd back to the world In pag. 43. you say they have been led up into the high things of God and did all things in the Spirit of God But I shall not presse it further 4. I perceive you are a stranger to the ground-work of the Treaty 't is too wonderful for you and therefore have stated the thing amisse it was to advance the King's party stop the course of Justice against Capital offenders that such as had notoriosly cheated the Kingdome might not be questioned the people brought again into their former bondage such as would not nor could in conscience submit to their Church-government and other forms might be suppressed and under the name of Sectaries banished the Kingdom Lastly you say There is a blessing in this Treaty destroy it not tell us how the Lord will come in as a thief in the night and steal away the evil I answer You may see the Lord is already come in not in the night but at noon-day and hath discovered the deceitfulness of it the snare is broken and we are escaped and blessed be the Lord who hath not given us as a prey to their teeth Mr. Sedgwick is now come to examin their Reasons given in against the Treaty and here he finds sundry faults First Because they would make their own and the puplick interest to be one Answ. 1. Howsoever such as have engaged for the publick are in some things to be considered apart and so their particular safety to be provided for yet doth it not follow that they have therefore no interest in the publick or what is offered to us by them is not the publick but their own particular interest 2. I do not well know what he means by generally the people of the Land if he intends the King's party all Papists and other malignants I confess they go not with the Remonstrance but desire rather to see all things in the condition they were in before these wars began but for others and this is properly the publick interest they are one with the Army holding fast to their first principles namely To be free from all arbitrary and tyranical power whether in King or Parliament to enjoy all their rights priviledges and liberties to have all hurtful laws and customs removed not to have their consciences lorded over by any to have justice done impartially upon offenders and such a Government to be established as most tends to a publick peace and safety And therefore whereas he saith These devised things you propose the people know them not affect them less than they know them Unless by people he mean Royallists Delinquents Malignants and other treacherous plotters and their adherents it is not true for the publick doe desire them call for them and have a long time contributed their estates and engaged their persons in hope that these things would at last be procured His Second Exception is Because the Remonstrance propounds That all power should be in the hands of the Parliament and that to be certain and in the hands of a subordinate officer to call c. There is a great deal here left out which makes the matter more full and cleer but I let it passe let us consider his reasons against this It is to throw down a King and lords and to set up the people Ans. 1. The
collected that justice may not be executed upon some offenders for special and notorious crimes whether subdued in war or taken any other way Fourthly The often caused war to maintain his interest against the publick interest this constantly and unweariedly So the Remonstrance At this Mr. Sedgwick grows angry and fals into passion You lye grosly saith he But wherein These things which you propound were never thought of in the begining of the quarrel The Parliament alwaies professed never to alter the Government to protect the King's Person c. Afterwards we have something said in scorn of their present form of government with his fiction and dream touching the King Ans. 1. Touching the time when some things are to be proposed it is the necessary occasion which must alwaies be considered In civil affairs we see what at one time may be born others afterwards upon just and good ground may abolish and take away or otherwise we should deny men the use of their sense and reason Secondly We know it is no Parliament principle that their votes and agreement should be taken as the Lawes of the Medes and Persians which altereth not their constant practise is to alter and change as they see reason for it and therefore it is the weakest reasoning that can be to argue the Parliament voted so and so therefore it must stand For instance the Prelates with their courts cannons service-book and other dependances are abolished and that by vote of Parliament now put case they should be which God forbid again re-established aske of a Royallist if there might not be enough said to justify the Parliament in this latter act Thirdly For the odium and disgrace which he puts upon their present form of government calling it a headlesse monster a hoddy-doddy an all-breach able to affright solid and serious men to their armes and if he should fight against any thing he should fight against it and pag. 12. brats of their own brain Jn reading this it makes me thinke how Nichomachus in Plutarch very fitly answered an ideot that could see no beauty in the famous Helena painted by Zeuxis take my eyes said Nichomacus and you shall thinke her to be a goddesse J will not here speak how treasonable his words are as moving strongly to rebellion and to raise a new war and to cause commotions again in the land But J see t is true In the multitude of words there wanteth not sin and he that refraineth his lips is wise Fourthly He should have cleared the King of the things laid to his charge as to have been the author and contriver of a most unjust war and is consequently guilty of all the innocent blood rapine spoyl and mischief to the Kingdome as in the Remonstrance pag. 24. adde the losse of Rochel in France by his lending ships to the French King and the Isle of Ree and Cales voyage and the ground and reason of the quarrel How he endevoured to stir up factions and differences between the honest party in England and Scotland that he might take advantage by such division his open declaring in Parliament that he owes no account of his actions to none but to God alone What hath beene reported about his Fathers death and Marquis Hambleton his designe in bringing up the Northern Army and his large offers to the Scots Army to be brought up to London to awe the Parliament his usuall breaking of his promises protestations oathes as in many particulars might be named his sending over the Jewels of the crown to be pawned by the Queen for powder and ammunition to fight against the Parliament and the Priviledges rights and liberties of the subject How he made 1500 widdows in one morning as Mr. Henderson told him And concerning Ireland how clear it is by many severall passages and by the examination of Mar-carte and Macquire c. that the pretence of men for the King of Spaines service a year or two before the rebellion in Jreland was but a colour to keep some in armes for a foundation of that rebellion how the Jrish rebels call themselves the kings and Queens Army the first clause in the oath injoyned by the supream catholick councell at Kelkenny in Jreland was to maintain his royall prerogative against the puritants in the Parliament of England Jn one of his letters taken at Nazeby he commanded the Earle of Ormond to give particular thanks to Mustarre and Planket the two Arch-rebels in Jreland so divers of the Jrish rebels had private passes from the King for the heading of the rebels there J Iet passe loans shipmony monopolies Knighthood inlarging of forrests inclosing of commons ingrossing of gunpowder his unparrell uxoriousnesse and affections to the Queen and compliance with the Pope c. Now all these things Mr. Sedgwick should first have answered before he should have affirmed Jf there be any reason for a Prince to take up armes against his subject he hath and why so because there attempt is to destroy the King and overthrow the very foundations of Government and a little before the life of the King and his posterity is aymed at Answ The premises granted to put him by is a thing lawful and necessary of which more hereafter And this may be done without destroying the very foundations of government unlesse by foundations he means some particular form or kind of government but that is not proper to say for the foundations of government is indeed that absolute entire and independant power residing alwayes in the people and this foundation cannot be destroyed J meane the right and habit of it though the use and exercise may be wrung'd from them so that to change and alter in respect of the forme or kinde of governments by vertue of the said power it is in the peoples liberty whensoever they see just cause and reason for it Fiftly For the rest which is first reproaching the Army as to be their designe only to attain their end malice ambition and revenge And secondly That the King shall put all into Gods hand and shall receive it again in the life and glory of God This is capable of no other answer but reproof and pitty To follow Mr. Sedgwick in his own order next he comes to answer pag 26.27 c. which is the second part of the question and a second reason against accommodation The safety of an agreement here he takes some words out of the Remonstrance That the King hath forfeited all his power into your hands that the people are free to make the best advantages and pag. 27. having him and his party captivated and in their power Reader I professe unto thee in the word of truth here I have read over some leaves and have done my best to see what is in his answer but for severall pages together as 23 24 25 26 c. I finde nothing therein for I esteeme not his calumniations rash-judging self-prayse as any thing and for this be