suffered his Father to have bound him if by Law he had not had power to kil him and that the same Law continued amongst the Romans which no Parents would abuse or exercise only to keep their Children in obedience yet this is clear that by the Law of nature the child is to be obedient to the Father and when the child is set to School or an Apprentice it is the fathers power which he puts into the Masters hands to correct the child which commission the Master may not exceed and therefore that moderate correction which the Law allows to be given to Scholars and Apprentices is to be intended by the Fathers consent for if the Father shal indent with the Master not to correct his child if he strike him I conceive an Action of Trespass wil lie against him and this power continues till the child be able to provide for it self for by the civil Law the Father is bound to provide for his bastard till it be 25. at which time it is presumed able to help it self grounded upon Natures Law that beasts and birds feed their young ones till they can cater for themselves and no longer and so it ought to be with us where the child is natural and not legal 2. This Nature which makes all alike free apts and fits some with gifts to command others to obey 't is a ground in Nature that wise men should govern the Ignorant the Patriarchs were never impowered but carried things so sweetly that men freely obeyed them for when people shal perceive that wise and honest men aim at nothing so much as the publick good every man thinks himself happy to be under such Governors and indeed to prefer such men into places of Judicature is rather a preferment to the people then to them for as by wisdom the world was made and as it is enlightned by the Sun so by Reason the Lord wil have it governed and as in Nature he that is born blind must be guided by those that can see so must ignorant and ill-disposed people be ordered and commanded by those that have the gifts and Spirit of Government and such as are vertuously disposed But all Government is to be ascribed to necessity and reason For the world becoming populous vitious and licentious a Government was necessary and though the primary Laws of Nature as obedience to Parents to hurt no body and to do as we would be done unto be imprinted in the heart of every man and sufficient to condemn the Gentiles yet they are so defaced and corrupted by the fall of Adam and original sin that God and Nature for the good of mankind not only commended but commanded a Government for man is a sociable creature and society is natural for in Hermites Nature is not changed but transgressed 3. All just power and authority is either from God immediately who is Lord of all and may appoint one to be sole Monarch over all the world if it please him as formerly he appointed Kings or in the people who impower one or more over them Saul and David had extraordinary Callings but all just power is now derived from the people 1 Sam. â— yet in the case of Saul it is observable that the people out of pride to be like other Nations desired a King and such a King as the Heathens had which were all Tyrants for they that know any thing in History know that the first four Monarchs were all Tyrants at first till they gained the peoples consent Nimrod the great hunter was Ninus that built Ninivy the first Tyrant and Conqueror that had no title Gen. 10.9 and so were all Kingdoms which are not Elective till the peoples subsequent consent and though it be by discent yet 't is a continuation of a Conquest till the people consent and voluntarily submit to a Government they are but slaves and in reason they may free themselves if they can for conquest gains a title amongst beasts not amongst men In France the King begins his Reign from the day of his Coronation the Archbishop asks the people if he shal be King the twelve Peers or some that personate them say Yes they girt the sword about him then he swears to defend the Laws and is any thing more natural then to keep an Oath And though vertuous Kings have prevailed with the people to make their Crowns hereditary yet the Coronation shews the shel that the kernel hath been in Samuel was a good Iudg and there was nothing could be objected against him therefore God was displeased at their inordinate desire of a King and it seems to me that the Lord declares his dislike of all such Kings as the Heathens were that is Kings with an unlimited power that are not tied to any Laws for he gave them a King in his wrath therein dealing with them as the wise Physitian with his dâ—stempered impatient Patient who desiring to drink wine tels him the danger of inflamation yet wine he wil have and the Physitian considering a little wine wil do but a little hurt rather then his Patient by fretting should take greater hurt prescribes a little white wine wherein the Physitian doth not approve his drinking of wine but of two evils chooseth the least The Jews would have a King for Maiesty and splendor like the Heathens God permits this he approves it not it seems to me that the Lord renounces the very Genus of such Kings that have no Laws to govern by but their own wils Gen. 10.49 for if it be obiected that God had promised them a King and a Scepter in Israel I answer that when God cals any man to such high honor he gives him answerable abilities when he places any man upon the bench of justice he never sets himself besides the cushion besides he told those Kings whom he anointed what their duty was not to exalt themselves overmuch above their brethren Deut. 17. to delight themselves in the Law of God out of which I infer that the Turks Tartars and all people that live at the beck and nod of Tyrannical men may and ought to free themselves from that Tyranny if and when they can to desire too great a King is to have a River too impetuous for such Tyrants that so domineer with a rod of Iron do not govern by Gods permissive hand of approbation or benediction but by the permissive hand of his providence suffering them to scourge the people for ends best known to himself until he open a way for the people to work out their own infranchisements 4. That no Government is divine I mean by Gods approbation for extraordinary callings I know none in these days but that which is just and rational for there can be no such conveyance of power as is destructive of humanity therefore for millions to be at the Command of one man to obey him universally in all things is irrational for wise men are but men
Redintegratio Amoris OR A Union of Hearts between The Kings Most Excellent Majesty the Right Honorable the LORDS and COMMONS IN PARLIAMENT His Excellency Sir Thomas Fairfax and the Army Under his Command The Assembly and every honest man that desires a sound and durable Peace accompanied with speedy Justice and Piety By way of respective Apologies so far as Scripture and Reason may be Judges By JOHN COOK of Grayes-Inne Barrester The falling out of lovers is the renewing of love London Printed for Giles Calvert and are to be sold at his shop at the black spread-Eagle neer the West-end of Pauls The principal matters are That 1. NAture is of Gavelkind Tenure 2. All lawful authority is derived from the people who cannot by any Covenant inslave themselves 3. Good Kings raign by Gods approbation Tyrants by his permission till the people can free themselves 4. What Law is what Rebellion is 5. That Anarchy is better then Tyranny 6. That in quiet Kingdoms much Iniustice is to be suffered rather then to oppose the Governors till it be insufferable and then it is ne resistance of authority because God never did nor man can give any such authority 7. Some Scriptures answered and such reverence to be given to divine authority as to beleeve that there was a reason for every thing though we cannot reach it 8. That Bishops for Religion and some former Judges in point of Prerogative are of equal credit 9. What undâ—d Lord Keeper Littleton and others 10. Twelve politick Judges to execute quick and cheap Justice requisite to felicitate this Kingdom with an Expedient for it 11. Essentials not to be lost for Formalities 12. The Law and the Prophets to be rather studied then law and profit 13. A Cause at first as plain as a bul-rush comes to be as hard as an oak 14. That Parliamentum is parium lamentum and that Kings originally agreed to refer the peoples complaints to whom soever they would choose and that Parliaments never dye intentionally 15. The mixture of the three estates commended yet if one of three oâ—ligors fail the other two must pay the debt for Justice must be dâ—nâ— 16. That the Judgment of Parliament is inevitable for all positive Laws by vertue of the fifth Commandment 17 Kings are not less free by reason of Parliaments no more then men are less safe upon Pauls for the Rails 18. To question the Justice of the Parliaments Cause is to doubt whether Protestant or Popish be the true Religion 19. Yet so as the King had some colour for what he did in Gods Ordinance which the Parliament if they should break trust have not and his late party adhering to the letter of Scripture and some Law cases Touch not mine anointed c. had the same colour as Papists for transubstantion by This is my body 20. Mr Jenkins easily answered and Dr Fearns matter combustible 21. Reasons to induce his Maiesty to beleeve that the Parliament did nothing but in discharge of their great trust without which they could not have answered it to the Kingdom and that his Maiesty would frame arguments for that purpose 22. That the Parliament would conceive that his Maiesty acted according to his present light for the satisfaction of his Royal Conscience his Royal Allies and many of his people at home would frame arguments for his Maiesty besides that the Law lays all the blame upon his evil Counsellors 23. That this is a principal expedient to beget a right understanding and endeared and loyal Affection between his Maiesty and people 24. How his Maiesty is head of the Church and one Argument for his Maiesty when the several Parliaments in England and Ireland present acts for establishing of the Protestant and Popish Religious severally what his Maiesty is to do and that the King of Poland swears to maintain both those Religions 25. That the Lords are intrusted by the people though not elected as Guardians of the Kings Contract with the people and that all subordinate Officers are to mind the duty of their places more then the desires of those that preferred them 26. Two things in the House of Commons questioned the Members not being sworn and their not Administring oaths and Answered 27. The Lords supplicated to be indulgent to tender Consciences being exempted from the Presbyterian discipline 28. Three Ordinances begg'd 1. Redemption for our poor brethren slaves to the Turks 2. Liberty for poor Prisoners that are ready to starve 3. Some speedy course to abate the price of corn least poor people be famish't 29 An Apologie for the Armies not disbanding who have bin true to the Covenant and seek nothing but for what they first ingaged and have been the breath of many of their nostrils who would not have their breath in the Kingdom 30. The Declaration against them a Nullity the Revocation of it a great honor to the Parliament and Army What spirits the Armies opposers are of 31. The two great expedients for a substantial settlement of the Kingdom Reformations in Courts of Justice and Liberty for tender Consciences cannot as mens interests now stand be effected without the Continuance of the Army 32. That the main interest of this Kingdom is to be as zealous for the Protestant Religion as Spain is for Popery 33. The Interest of all honest men is speedily to Vnite specially for Gods people 34. That the difference was not whether the Kingdom should be Protestants or Papists but Protestants at large or strickt Professors 35. That should the Army disband til Liberties are secured they would be a ludibrium to all the world and culpable of all the sufferings of Gods people 36. Some late Arguments against the Parliament answered and the Honor of that high Court in all things to be maintained so as the Honor of God do not suffer nor the peoples liberties destroyed 37. No man to grow rich in a time of Civil War Nor usury then to incur some Vsurers within the statute de judaismo and a provision that there may not be a begger in Israel 38. God wil not suffer any good Governors to be destroyed so long as they Administer Justice but t is dangerous for the supream Court to deny the people their Just Liberties 39 Forreign Negotiations against Protestants and the private Interests of some which are contrary to Publique Liberties are Grounds for the Armies continuance 40 Religion introduced by blood every where but in England a Prophesy concerning the sword to that purpose therefore truths which cost dear are to be loved 41. That war is lawful to defend Religion not to promote it that the sword maybe imployd for Religion as the servant of justice 42. Who are the hinderers of Irelands Releif and how Antichrist with his left hand may fight against his right 43. That H. 7. did wel to kil R. 3. and long may his Royal race inherit in our present Soveraign Lord King Charles and his princely Progeny 44. The Author
and the best men are but men at the best subject to the faults of the irascible and concupiscible faculties 5. That to assume a Government without a title and to act beyond Commission to the destruction of those whom they should preserve is all one in reason and so King James that Phoenix of his age for solid learning agrees that there may be a Tyrant as wel by male-Administration as he that comes in by Conquest To speak of the several Conquests that have been made in this Kindom by the Romans Saxons Danes and Normans as also whether William the Conqueror came in upon his Remittor by ancient title I judg impertinent but this is clear as Chrystal that our Ancestors did voluntarily submit to Kingly politick Government that if the Conqueror were a Tyrant for want of title the subsequent consent of the people made him or his Successors lawful Kings being equivalent to an election as Leah by an after-consent became Jacobs lawful wife though he was mistaken in the marriage and an error in the person nullifies the Matrimony And the act of our Predecessors is as strong and binding to us as if it had been our own personal consent A Law being the act and deed of the body politick in Parliament voted by the whole Kingdom as the whole men sees hears instrumentally performed by the eyes and ears Pan. anglium Pan Aeâ—olium Pan-Sicilium The first Paâ—liament wherein by intendment every man woman and child is vertually present by representation or else a statute could not bind them and a Law binds not only their makers but their successors for Corporations never die as the River of Thames keeps thought name the new waters perpetually succeed And though it be not so clear when this consent was given yet we find that King H. the 1. Beaucleark youngest son to William the Conqueror in the 16. year of his Reign called a Parliament at Salisbury which I do not conceive so much to be derived from the French word signifying Freedom of debate as Parliamentum quasi pariam Lamentum the Complaint of the People when there is any difference between the King and his Subjects his Majesty gives them leave to choose out of themselves whom they please as Arbitrators or Vmpiers to determine the matter wherein the Subject thought himself secure that he might choose his own Judges and this was but equal because the King chose the Judges of the Law and though it doth not appear that this agreement between the King and people was reduced into writing because that easy coâ—servatory of printing was not then invented yet who knows but that it was written and since defaced or Imbeziled for my part I cannot imagine our Ancestors to be so â—rrational that they would ever agree that any man should raign over them as their lawful King by their ful consents but upon this condition that when they found themselves oppressed and burthened his Majesty should be obliged to call a Parliament and to agree to such Laws quas vulgus eligerit as the Parliament should present unto him for their happy Government and not to dissolve them till they had done the business they were intrusted to do for the good of the Kingdom for Parliaments never dye intentionally and why may not such an Agreement be lost As we know the Records of many Statutes are not to be found yet it is written in the heart of every understanding man that so it was for how irrational is it to imagine that the King was not bound to call Parliaments 36. E. 3. c. which by Statutes ought to be every year or oftner as need shal require and if the King might disolve them when he pleased what fickle things were Kings what vain things were Parliaments and though it have been strongly objeâ—â—ed that when things have been wel setled the King is to have the negative voice in making new Laws though not in expounding the old because a Kingdom may subsist without making new Laws but not without executing the present Laws I say that the objector is defective in stated Policy for the alteration or enacting of new Laws is as absolutely necessary as to execute those which are made a Kingdom may be as wel undone for want of the Kings negative voice as for not executing the Laws already establish't for the wisest Parliament cannot foresee what wil be best for the Common good the next year Such Exigencies of State may happen and I observe that what hath been objected by the Kings late party to the contrary hath been that the Law is otherwise but words are the least part of Reason that which Mr. Jenkins writes is most true according to the Authorities which he vouches but what Authority is it some of the Judges of the Common Law very good by whom were they made Judges By the King How came they by their places The Eccho is buy them for until the statute of 5. E. 6. All judicial places were generally bought and sold as Horses in Smith-feild for a cheif Iustices place it may be 10000. hath been given and how long to continue during the Kings pleasure was it safe for them to argue for the Liberty of the Subject against the Kings Prerogative the Temptation was very great to be for the Kings side in all Arguments besides Parliaments have been discontinued and short-lived for my own part I do not much value his judgment In a question of prerogative who holds his place at the Princes pleasure for to stand to my own judgment or the judgment of him whom I elect is much alike yet as there have been in all ages some that have stood for the Honor of Christ and resisted unto the death so there have been some that have argued for the Peoples Liberties Bracton saies Rex non habet parem in regno suo nisi Comites Fortesâ—ue Barones et communes in Parliamento et hanc potestatem a populo effluxam Rex habet Another that Rex est singulis major universis minor that the King hath no Peers in his Kingdom but the Lords and Commons in Parliament that the King is greater then any Subject but less then all his Subjects and that he derives all his power from the people Fits Herbert and Shelley that the King is servant to all his Subjects set over them for their good and this is the voice of right reason 't is impossible to imagine that ever any man should have the consent of the people to be their King upon other conditions without which no man hath right to wear the Diadem for when the first Agreement was concerning the power of Parliaments if the King should have said Gentlemen are you content to allow Me my Negative voyce that if you vote the Kingdom to be in danger unless such an Act pass if I refuse to assent shal nothing be done in that case Surely no rational man but would have answered May it please Your
have ever been most thankful to those whose favor hath been their quickning spirit 't is pity any man should be undone for his ingenuity and though the Law be rather politick then moral yet I wish repentance may be expiatory so far as Salus be not indangered O but says one all the great Lawyers followed the King Not so neither I am sure the politick Lawyer stayd behind Ambition and Avarice make many a man argue against their own liberties how many men in the world are content to be slaves to some few that millions may be in servility to them it being demanded in a Counsel why so many there present should be of opinion that the Pope was above the Counsel it being against themselves Honest Verideus said the answer was easie because the Pope had so many Cardinals caps fat Bishopricks and rich Offices to bestow and the Counsel had none at their disposing The Bishops preached at Court to advance Prerogative above Law saying my Lord the King is like an Angel of light now Angels all accountable to God only that the King is Iure Divino and are subordinate Officers Iure humano whereas the Apostle calls Kings a humane Ordinance and there is not a man in the Army from the most noble General to the lowest Officer but is as much Iure Divino as the Kings Maiesty or the so much desired Presbytery That David never offended against Vriah for he saith against thee thee only O Lord have I offended giving the reason that Bathsheba was his subiect and that a man may do what he wil with his own and that his Majesty was to repent of any oath that he had made for doing Iustice for being intrusted by God the oaths are voyd Poenitenda presumptio non perficienda promissio The Iudges in like manner say that the King is a speaking Law and carries all the Laws in his breast and might call Parliaments and dissolve them at his own pleasure which if it were so what a foolish thing was it to send for Writs and trouble the Counties with such Iudibrious Elections like him that in the beginning of his Will devised 20000 l. to his wife but in the latter end for divers good causes and considerations him thereunto moving revoked the said Legacy and left her nothing When Iezabel had a mind to Naboths Vineyard it was no hard matter to get Iudges to declare the right against the subiect In dark times of Popery how easie was it for Princes to prefer such men to great places that would be Instruments to execute what ever they would have to be done but I have better thoughts of the present times for now judicial places are wel got and by consequence wel used I dare say there are not more honest men the number considered the of any profession in the world then are toward Law in this Kingdom and the Subjects would quickly find their usefulness to the state were there but one good statute to cut off at one blow all unnecessary delays in matters of Justice Root and Branch which are far more hurtful to the Kingdom then ever Bishops were which God and the Parliament grant The Emperor having a mind to a Subiects horse said all is mine therefore this horse is mine the 2 great Civilians Bartolus and Baldus were retained one for the King said the property of all goods belongs to the Emperor for he that may command the lives may command the goods of his Subiects and the usufruict and possession only is the Subiects the other Lawyer said for the Subiects that the property is in the Subiect and dominion only in the King according to Law the Chancellor being Judg said all is the Emperors who gave the horse to his Counsel and told the Subiects Councel he should never be a Iudg so long as he continued of that opinion but let no man obiect that I seem to asperse those learned Iudges which are at rest I honor the memory of all good Common-wealths-men and my opinion of them is that according to the Delatory forms of proceedings they were good Iustices between party and party but when the Kings Prerogative and the Subiects liberty came in Competition I affirm it confidently that all Iudgments have not been according to right reason witness the case of the Shipmony Knight-hood money Tunage Poundage and Monopolies of all sorts which they did not declare illegal And how many Gallant worthys have they suffered to live or dye in Prison whom they ought to have set at liberty by Habeas corpus And he that looks into matters with a single eye may easily discern that the Fountains from whence these late streams of blood have issued were no other but the pride of the Bishops a Generation who hated to be reformed therefore justly abolished and the pusillanimity and cowardice of the Iudges for if the Bishops had been indulgent to honest people and not Lorded it over the Lords inheritance poor souls they would have been content to have suffered much for quietness sake might they have but had the freedom of their Consciences in a peaceable manner and the Judges been couragious to have executed impartial Justice between the King and Courtiers and the Subiect and in doubtful matter to have inclined to Liberty the sword had never been unsheathed And for these present Reverend Judges I have Honorable thoughts of them but this I must say else I should be a Traytor to my Country that they tye themselves too much to old forms and in Courting the shadow of formalities and conserving the course of their Court they neglect the substance of morall Justice in not helping speedily every man to his due when the matter comes fairly before them for I must live and dye upon it that he doth not deserve the name of a good Judg that when the right appears to the Court doth not help the party to it beleeve it there is not so great an enemy to the Liberty of the Subject as this over-doting upon old forms as if the Ceremonial Law of the Jews were to be revived in the Common Laws of England If a Judg or Chancellor 300 years ago delivered an Erronious opinion this must bind us because he said so and so if one Judg once err this Kingdom must be undone perpetually because the Law is so Right reason is the wise mans president where Judges are learned and solid what need they search for Presidents And why may not we make Presidents for others as wel as they for us I never yet knew a politique Judg in England that considering the end of the Law is to speedy justice would dispence with writs to do right lose formalities to find essentials twelve Such politique Judges would quickly make the Kingdom happy for moral justice Taxes we see are multiplied in all Countries but what way is there to make the Kingdom amends for all the precious blood and treasure that hath been spilt and expended Truly one Ordinance
welfare and imbrace it which if they wil not their destruction is of themselves they do ill but the Lord wil not have them cudgelled into obedience for this we find an example in Scripture of the 10. Tribes which revolted from Rehoboam their lawful King who had 180000. chosen warriours to fight against them 2 Chro. 11 but the Lord forbad and though that be called a rebellion in the last verse of the former Chapter the reason of that is because Rehoboam was King by Gods institution and immediate appointment and in such a case mâ—ght Rehoboam have said ye have not rejected me but the Lord but now all lawful power is originally in the people and all lawful Governors chosen by them A Conqueror hath Jus in re not ad rem for a Conquest is but a great â—obbery good Kings raign by Gods approbation Tyrants by his permission til the people can free themselves Kingdoms at first were Elective till good Kings prevailed to have their children succeed them and certainly hereditary Kingdoms are best to prevent Factions and therefore the 19. wil have their Captain command them no longer he may not fight against them if he could procure any to take his part nor wil it avail to say that the 19. are Ignorant or distracted for he must not question the judgment of his Electors if the people know not how to choose a King then the Election is voyd and so a defective title but they that have judgment to consent for reasons best known to themselves may alter and dis-assent for this ease stands upon a special reason differing from all cases of bargains and contracts that rights vested cannot be devested and what pleased at first may not displease at last the King is born for the good of his subjects not they for his good further then to give him honor reverence and recompence this is the wil of God to prevent Wars which must otherwise follow inevitably and 't is a principle of right reason that as things are creatâ—d so by the same power they are dâ—ssolved they which may institute may destitute it strengthens our faith in the resurrection that the same power which made us of nothing can raise us out of the dust Mistake me not I say if all the 19. should so agree if but 3. or 4. should adhere to the Captain I dâ—liver no opinion in that case but I am against that opinion that if any County or burrough Town shal send for their Knights and Burgesses to return home and vote no longer that in this case they ought to come back because no man can be represented longer then he pleases this erew to destroy the frame of the Government For though every several Shire and Burrough make their several Elections yet they are sent not only to vote for the good of their own County or Town but for the general good of the Kingdom and they make not several distinct representative bodies but one intire representative body in the nature of a joyntenancy as the Soul is in every part of the body so every Member sits in the House for the good of the whole Kingdom as if chosen by all the people the several Elections being by agreement for the more conveniency But when Bâ—rgesses are chosen for one Town all the rest give their consents to such an Election and so in Law it may be called the Election of them all as between partners in a Drade one brings 1000 l. the other as much this is layd out in Commodities as a common stock now none of them alone hath power over any part of the goods though it may be purchased with his money but all things is to be done by a joynt consent no dissolution to be by parts that is to dismember the body otherwise this would follow that if two Burgesses voted only for that Town which sent them if one voted in the Affirmative and the other in the Negative nothing should be done in that particular but that which I chiefly intend in this discourse is not only that there may be a right understanding but endeared affections between the King and Parliament and truly I know no way like this to be perswaded of each others sincerity that they acted according to their judgments that light which they had revealed to them that his Majesty would beleeve as the truth is that the Right Honorable Lords and the Honorable Commons did nothing but what they conceived themselves in Honor and Iustice obliged to do for the safety of the Kingdom and that otherwise they could not have answered it to those whom they represented and that the Parliament would be perswaded that his Majesty did nothing but what he conceived himself in Honor bound to do without which he could not have given an Account to God nor his people with comfort for possibly there may be an invincible Ignorance of one anothers right The Cananites were in possession of a lawful title the Lord commands Ioshua to dispossess them who having a Command from God may lawfully fight and they not knowing of Gods Command might lawfully defend themselves now in this case if the Lord had not intended a National Church the destruction of the Cananites why might not an Israelite and a Cananite have been good friends and said thus one to another truly what you did you had some colour of reason for it at lest you thought you did for the best it may be I should have done so had I been in your case therefore let us do as we would be done by as there have been Arguments framed against each others proceedings so I wish heartily that the Kings Majesty and those evil Counsellors who were about him hee 's now guarded with Angels in comparison would argue thus for the Parliament the Kingdom petitioned both Houses to raise Arms for their preservation what could the Parliament do in such a case having voted that there was an apparent design to inslave the people had it been sufficient for the Members to have told the people Truly we gave his Majesty faithful advice besought him to reform what was amiss but he hearkned to his Courtiers and would not and so we left him to do what he pleased What would the Kingdom have said in such a case would they not have exclaimed against their Knights and Burgesses as the French do against their twelve Peers which being intrusted to oppose Tyranny prevaricated Oh ye unfaithful men I was there ever so great a breach of Trust in the world heard of Did we Elect you to infranchise us and do you suffer us to be inslaved Would you not put us into a Posture of war to defend our selves but suffer us to be destroyd insensibly since you wil not deliver us our freedom must come some other way what can be said in reason against this And so that the Parliament would argue for his Majesty amongst others to use but this What must
reap for them the honey by those men was not intended for the Bees sic vos non vobis c. Tell me now is it not more mercy to kill the wolfe then to let him go is it not better to be nourished by a Theefe then kild by a Shepheard is it not better to be healed by an Emperick then to be poysoned by a Physitian But in the former Case that I put where twenty chose a Captain to command them for he is as truly a King though not so great and glorious a King that reignes over twenty as hee that reignes over twenty millions Many of the Kings mentioned in Scripture of Sychem Iericho Sodom and Gomorrah never had so large a command as the Lord Mayor of London No King in Israel was Conductor of the people Governour is the generall word and to bee a King is but one kinde of Government Florence and Muscovy but Dukes in name have the greatest power of any Kings in Christendome if the seventeen desire to serve God contrary to the Captains judgement with the Common Prayer Book for the purpose the Captain with the other two comes to the house where the seventeen are worshiping interrupts them and will hale them to a prison they alleadge for themselves that they doe not any way disturb the present Government of State but desire freedome in their Consciences the question is Whether in this case it be against the word of God for these seventeen to defend their owne profession and to destroy the Captain and the other two for the liberty of their consciences if otherwise they cannot preserve it my meaning is after all meanes of entreaty used to the Captain to bee indulgent to them in so pretious a thing as Gods Service is and flying bâ—ck to a wall as we say as farre as a man can when he is pursued and so to make it but a pure se defendendo For my own part I think that it is not only lawfull but a thing most necessary that if these seventeen men should suffer themselves to bee imprisoned for their consciences by their Captain and two others that God would be angry with them for being so unnaturall and unjust to themselves But then the question will be If the Captain and seventeen should be of one opinion and the other two contrary minded and the eighteen make it capitall and condemn the other two for Heretiques whether may the other two resist in this case I answer they may save themselves by flight if they can but for two to take up Arms against the eighteen I am doubtfull whether it bee lawfull at least convenient because there is no probable hopes of successe and it is the minde of God that these two should suffer patiently what they cannot help and this will fall within that excellent Rule Of two evils the least is to be chosen the two are sure to lose their lives therefore they must suffer patiently rather then to endanger the lives of others with them for the God of peace does not delight in warres and then an evill is judged to bee inevitable when there is no apparent ordinary way to avoyd it because without an extraordinary warrant wee may not presume of Gods extraordinary power and assistance as if an honest man with a sword bee set upon by two theeves with pistols now in this case I hold it wisdome to deliver his purse to save his life because two are stronger then one Nature is Gods Lievtenant and efficient by a power from God received continued permitted and in humane affaires we are to look what the course of Nature may probably effect if not checked when God sayes this shall be because I will not hinder it then Nature of its own nature produces such effects What King with a thousand will fight against him that comes with ten thousand and as the use of lawfull means for safety does not argue a confidence in the creature but a subordination of the meanes that God without meanes can do it but meanes without God cannot doe it yet somtimes God puts more strength then ordinary into the creature and acts more immediatly by ten sometimes chasing a thousand therefore I passe it over But my meaning is that a warre for desence of Religion is unquestionable but the manner is alwayes to bee pondered and that in any Kingdome or State where such a considerable number of people which are the stronger part shall upon good grounds bee convinced in their judgements that they cannot by reason of the prevalency of some proud domineering covetous or malicious spirited men that had rather lose a Kingdome then that some men should enjoy too much of heaven upon earth and would set the Kingdome together by the eares to get their Eare-rings who while they exclaym against Conventicles and private meetings of honest people are themselves the most dangerous and only Conventiclers that I know in the Kingdom having their constant meetings how to oppresse and degrade all that stand in their way both in soules and bodies it being such clandestine and factious Ends onely that in judgement of Law makes a Conventicle for a hundred men to assemble to carry a Tree is no offence and will not let honest and peaceable men have freedome and liberty to serue God according to that light they have received from the Father of lights and to receive common justice submitting for conscience sake to every ordinance of man in such a case it is not onely permitted but commanded that these men manfully defend themselves and their liberties or else they are in effect selfe-murtherers and in such a case the truth of God is of that value that his meekest servants will fight for it rather then it shall be indangered what Doctor Ferne objâ—cts against it is but stubble and combustible and will not beare the weight of a feather in the ballance of the Sanctuary for will any man that is sound in his intellectuals unlesse he desire to be a Bishop Imagine that ever Saint Paul commanded the poore Saints in Neroes household to be subject to Nero in Church matters that was an enemy to them or to Caligula that wished that all Christians had but one naturall head as they had but one mysticall I wish there were no Caligulaes amongst us that would be cutting off many heads at one blow Indeed if any Court might enforce mens consciences what miserable things were Christians Truth shall be sure to be shut out of doors for the most are seldome the best Paul speaks of legall civill authority the Saints in Rome are but a handfull and had no law for their Religion That there should be some government is Gods institution as in the fifth Commandement which bindes the conscience in positive Laws though hard and rigorous but the manner of it is mans appointment and constitution of whose power and authority good and evill actions are the proper and adaequate objects I willingly grant that
the Magistrate who is a good Christian stands upon the advantage ground and ought to command the people for Gods sake to yeild obedience to the Laws of God and to be exemplary in his conversation and to protect Gods people by declaring against errours and that no man ought to beare with an errour in his dearest consort but perswasion is the Gospellary way without all dispute in matters not fundamentall My Lord Bacon was of that opinion he that is not against us is with us Spirituall maladies must have spirituall remedies in matter of opinion I wrong no man if he be offended at me it is his weakness I intend it not I speake of errours in Religion not errours against Religion with a toleration whereof no State or Kingdom can subsist 'T is a fruit of the Turks Religion not to couzen nor steale and to make conscience of an Oath to doe no murther nor adultery 'T is against Intrinsicall rules of all government to permit any of these nor must any errour be permitted that is a sworne enemy to peace and policy Man can give no power but what God gives therefore it is no resisting of authority when there can be no such authority given matters of conscience are not giveable nor takeable If I bid any man kill me and tye my hands yet I may breake the cords I cannot give power to enslave my selfe nor ought any man take it If there should be any Covenant made to enforce conscience it is an unjust Oath and to keepe it is to adde a greater sinne to a less as if the first were too little whereas the least is too great and should be lesned not enlarged and though I am bound to lose by my Covenant yet not to be undone by it When the Lord visits us with sicknesse doe not we defend our selves against his blessed Majesty by Physick by food and rayment And nothing more lawfull and naturall then selfe defence against which no Canon can be of force as it was resolved at Constance that a Canon made in favour of an angry Pope that he might strike any man and no man strike him was void by the Law of nature for what is it but to arme sin against the Law did not Sweden Holland France Germany Poland and Scotland introduce Religion by the sword Calvin Beza Bellarmine Carrerius Junius Turquet Bucanus maintained the lawfulnesse of it and Bilson in the Queens time wrote a book in defence of it not to invade the Turke because he is not a Chrâ—stian but for the freedome of their own consciences King James in his Epistle to Perron justifies the French Protestants fighting for their Religion calling it a defensive Warre that he which offers the wrong is alwayes on the offensive part as he that denies the debt begins the suit and such a wrong doer cannot be wronged Geneva in 1536 cast off the Bishop their Prince and Calvin sâ—yes Populars may restrain all kinde of tyranny as the Ephori did the Lacedemonian Kings and the Tribunes curbed the Consuls and if for bodies much more for souls the reason is because every people in the conferring of power reserve so much to themselves to attaine that end whereunto they are ordained which is the glory of God and their own freedoms and welfare Certainly God never commanded any Magistrates to lay any clogs or Fetters upon the consciences of his own people that 's the apple of his own eye yet so as if by force his people be destroyed they must take it patiently dye like lambs for the Lambs sake that dyed for them but they may not suffer if they can oppose it that 's to be guilty of selfe murther The sufferings of Jesus Christ were voluntary and when wee resigne our wills to a thing enforced we make it willing and so the Martyrs were said to lay down their lives willingly and yet they could not help it This fighting for Religion is not to fight to promote it in others not to kill any tyrants that oppose it but to preserve Religion and the professors of it All Magistrates are tyed to the Laws of God and nature and 't is a lesse sinne for a private man to breake those Laws then the Magistrate who is intrusted to keepe them For a Commissioner to breake a trust is the highest prevarication against which illegalities self-defence is lawfull if the party can help it men may free themselves from tyrants if they can if not what remedy but patience the reason is perspicuous because no man can impower another over him to command against both or either of those Laws and therefore the meaning of those commands of honouring the King our parents and governours is to observe all such lawfull commands as are not contrary to God and nature for God is the God of order which he should not be if Governours were to be obeyed disorderly If a King or Governour be mad must all the Kingdom be fools to obey such a Devill as that Duke D' Alva was that made the Hangmans place in Flanders better then the Chancellours If such a Magistrate be drunke and resolved to kill whomsoever he meets may not the people shot him up all night from doing mischiefe to take away a madmans sword from him is not to take away the property but to prevent the mischiefe Many of H. 7. freinds had sworne fealty to R. 3. yet H. 7. did well to kill him and we never read of my pardon obtained from the Pope the Royall race of H. 7. inherits still in our Soveraigne Lord King CHARLES to whom God impart as many graces as to all his Ancestors that as he hath made the heart of Gods people sad so he may now make it his royall study to set Jesus Christ upon his Throne by whose gain his Majesty can be no loser and long may that Royall race continue to administer and execute good and wholsome Laws for the prosperity of these Nations by which it is more honourable to command 10 free men then to tyrannize over 10000 Gally-slaves If the Magistrate in a Protestant Kingdom should introduce Popery as in Queen Maries time a particular man may not oppose but the Parliament might and by the Law of God ought to have opposed it But if the Lord had put a sword into the hands of the Smithfield Martyrs able in probability to have defended themselves these could not have dyed with comfort for their Religion for I cannot judge him a good Christian that is not a morall man and he that will not doe right to himselfe to defend his own life will hardly doe right to his neighbour he that hath but a little minde can be but a little vertuous I affirme that the Army may not disband in point of honour till this Kingdome be in a better way of settlement for I ever thought that there was more to be done for the happinesse thereof then the humiliating and geniculating of the late Oxford party whose
as one of the most necessary works to be done in this Kingdom and that wherein there wil appear much opposition and if it be not suddainly done it wil not be done in this Generation our Laws are actually or potentially the best in the world for if any thing be amiss the Parliament may reform it according to right reason which is the soul of al humane Laws without exception no Law ought to live longer then the reason of it continues away with all bugbear objections and after Naseby fight lets never distrust God for any thing I mean let us have such Laws as are not directly against Scripture and for which some reason may be given besides the course of the Court for that for which probable reason may be rendred on both sides is not fundamental as the eldest son to inherite the whole estate certainly there ought in all reason some provision to be made for the young Children if the Father make none for them in his live time but true it is that many positive Laws are fundamental secundarily to alter which would be ful of danger and inconveniences unless it were most evident that great utility would thereby arise and accrue to the Kingdom but that is not my present work something I intend concerning Government in general rules by which no man can conceive himself prejudiced as by general rules of Physick no wise man can expect to be cured 1. That the people girt the sword about the King the King says our Law books is the fountain of honor and it is true for the peoples good therefore doth the King make Judges and Magistrates great that they may not be afraid to do right and justice to their brethren so that indeed the state confers honors by the King as the King gives the Alms by his Almoner they presume that the King wil make no Lords but such as shal be an honor to the Kingdom in whom the Kingdom shal be preferred the Judges Robes are for the Kingdoms good to strick a terror into offenders if the Kingdom or the Parliament which is the state contract can justly except against those which are honored that is if they by their greatness oppress the people and Lord it over poor men the honor ought not to continue for all Priviledges and Preeminences are forfeited by abusers no Priviledg which is a private Law must oppose Publique welfare Indeed nothing done without the states allowance is allowable that is nothing against the fundamental good of the people and truly the main end of Parliaments is to supervise the Publique Magistrates to see that Ministers of justice be just and execute justice impartially If Kings did always prefer good men and conferr the great offices of trust and judicial places upon the most idoneous and best men in the Kingdom which are Infra Causam meriti that best deserve them there would be the less need of Parliaments I mean officers of the Kingdom for there are officers of the Empire for the Administration of Publique justice and officers of the Emperors as his Domestical servants answerable to our distinction of the Kings natural Capacity and his politique Capacity art is always the perfection and never the destruction of nature Let me but humbly observe a little defectiveness in state policy concerning the Kings Councel That the Regal heires have not in their princely education Tutors to instruct them in that which most concerns the good of the Kingdom which is Councellors to acquaint them in the fundamental laws of the land how improper is it that the Kings Counsel should be least of Counsel with his Majesty but by per-audience to gain other Clyents and be ingaged in other mens business when they should be attending his Majesty stil presenting the law before him which is the golden rule of justice Judg Fortescue holds it necessary for the peoplâ—s happiness that the King see with his own eys what is for his peoples good that so he may reward the most vertuous the Frâ—nch King is enioyned to pray so much every day to be exemplary to the people how happy would it be if the nobles and Grandees of state would study that fundamental and true end of Government which is the wâ—lfare of the people The young Prince of Persia hath 4 Tutors for Religion as many for the Law but 2 for Martial Exploits for they said for the King to know how to ride the Great horse is but half as good for the Subiects as to know the law by which he wears his Crown and one Tutor for every moral vertue patience courtesy temperance chastity c. 2. Not to argue whether we live under a Government mixt and co-ordinate or simple and subordinate 't is a common Tenent that the Empire France and Spain are merum Emperium England Sweden Denmark and Poland a mixt Empire the Venetians a pure Aristocracy Holland Geneva c. Jurisdictio sine Imperio that of the 6. Kings that be in Christendom Franâ—e and Spain have too much power Sweden and Poland too little for their title England and Denmark just enough to make themselves splendid and their people happy All agree that the King cannot make a Law without a Parliament and I cannot but exceedingly magnifie the mixture of the 3. estates the superlative trust by Law is in the King Lords and Commons 't is but loss of time to look back into the power of the Bishops for 't is not much above 100. years since there were Statutes enforced for the Popes supreamacy yet so as if the Lords and Commons perceive that the King by evil advice undermines the subjects liberties to the manifest indangering of Salus they must then necessarily suspend the operation of that mixture as when 3. men are to cary a weight if one plucks back his haÌ„d the other 2. must bear it for the consideration of publick utility is always equivalent to a necessity Causae necessitatis util tatis aequiparantur in Jure and therefore it is an error to say the people do not trust the right honorable Lords because they do not choose them Their Nobility was acquired and is continued by noble actions those noble Peers that have not deserted the Parliament but continued faithful and adventured their lives and honors for the publick safety deserve eternal praises and in the multitude of such Counsellors there is much safety to this Kingdom for all true Honor consists in vertuous endowments and their improvements the principal whereof is faithfulness to the Kingdom expressing their honorable endeavors after that in works of mâ—rcy justice peace and love The King is ever present by his power the Lords present in their persons and the Kingdom represented by their choycest members who are impowred for themselvâ—s and the whole Kingdom so the whole Kingdom is figuratively present by a part taken for the whole therefore the words Commâ—ssioners or Arbitrators or Feoffees in trust of exceeding their power and such
the Lords and Commons and some others is much to be commended O but how difficult a matter is it to get a motion in some places of Justice if a man could be dispatcht after four or five attendances it were brave and that which is most lamentable 't is all one if a mans Client be a prisoner whereas a politick Judg would ask at his first sitting Is there any motions concerning life or liberty or dower for Widows or Orphans and dispatch poor men first them that can spare most Fees let them tarry I know one that hath been assigned Councel for 26. Paupers could never be heard or above four or five of them 't is a po nt of great â—ngenuity in Lawyers to mâ—ve first for hiâ— poor Câ—â—nt without his Fee I have heard many of my leaâ—ned Masters that they would freely move for any poor man as often as he should desire if it mâ—ght not hinder them fâ—r their other Clients 't is a gallant spirit trulâ— though it be tâ— commend our selves yet 't is a truth and a man may commend himself to be coâ—manded and imployed as David did but some are lâ—ke Rocks and wil not be moved What do you to me with your Paupers at the latter end of the day When God knows he came two or three hours before the Couâ—t was sate What! do you think all to be heard As if we came nâ—t to be hâ—a d buâ— to hear others 3. That free people in their right wits never covenanted against the Law of God o Nature nor meant to inslave themselves to the lusts of one or more whom they elected or consented to be their Governors for the end of Governâ—ent is the welfare peace liberty safety propriety and all kind of haâ—piness of the people were it nâ—t for which there would be no end of Governors nor Laws nor can a Kingdâ—m be bound to any condition destructive to any of her own Members Law is but the rule safety is the and of Government now the end as it is first in intention so it is always more noble then the means for the means as means is always inferour to the end as he for whole sake a garment is made is more honorable then the rayment so health anâ— strength are the chief principal ends of dyet food and physick being the means therefore are inferior so are all Governors subservient to the peoples welfare as it is declared in that most excellent Declaration of the 17. of May 1646. whâ—ch deserves to be ingraven in marble Pillars that the welfare of the people is the suprem Law salus popâ—li is the end of all ends for whose sake all positive Laws may be ended and must expire like dead men for the Law is but Lord of particular persons thâ— Câ—â—munity is Lord over it nay theâ—e is no Law of Gâ—d that stands in competition against the safety of the people sacrâ—ficâ— must do homage to mercy the morality of the Subjects must be suspended to save the life of a sheep how much more for the welfare of the shepâ—erd if it be lawful to brâ—â—k the 4. Câ—mmandment in the Lettâ—r of it to save a mans life how much mâ—re lawful is it to dispence with the fifth Commandment to save the lives of milâ—â—ons all must stay and Lady Salus must first be secured the Letter of the Law must not be killing to the people a whole Kingdom can no more be â—uâ—ject to a dead letter then the Romans to their own slaves and as the Romans being a people full of generosity and courtesie never more exprest â—heir gentle disposition then by easie condescending to let their bond men at liberty so our Worthies in Parliament can never do a work more glorious then to infranchise this Kingdom in their souls bodies and estates for which they shal deserve immortal praises Q But hath not the Parliament an unlimited power and Authority Resp What agreement was between the Counties and the Knights of the Shire and the Corporations and Burgesses when Parliaments were first called no man can directâ—y say for my own part I do beleeve that there was some foâ—mal agreement reduced into writings what power the Kings and Burgesses should have and specified in the Indentures of return made betweâ—n the Sheriff and Electors and the Knights and Buâ—gâ—sses which trust the Parliamâ—nt men from tâ—me to time faithfully discharging and Contribuâ—ing to all Taxes and Charges out of their oâ—n estates the people at last were contenâ— to leâ—ve all matters indefinitely to their Knights and Bu gesses and in many Burrough towns there was scarce a man that could write in those days but the matter is not great for thâ—t which limits all Kings and Councels is the end of Government which is the prosperâ—ty of the people and all agreemâ—nts are presumed to be made for the welfare of the people No unnatural thing can be presumed Authoâ—ity is a challenge of obedience legally by such as are impowred by any people Power to speak properly is an ability to put that Authority in execution now all power in the people which they wel knowing were not so careful as they might have been to set limits and boundaries to Auâ—hority becauâ—e the strength remaining in themselves they could never imagine that any Governors would Command them to destroy themâ—elves and therefore these Arguments about seizing upon the Milâ—tâ—a and forts of the Kingdom are weak and invalid if the meaning be any other ways thâ—n this that it is Rebellion for any or many private men to resist the King and contemptuously to oppose the supream Court of the Kingdom because they are less then his Majesty but that both Houses of Parliament can commit Treason acting for the good and by the power of the Kingdom is to argue that a man may commit Treason against himself and that a man is bound with his right hand to cut off his left hand things which nature abhors Q. But what if a free people should make a general Letter of Attorney to some Governors to make what Laws they please against nature and humanity May not a man tye himself to a post as the old Usurer that would bind the young heir to a Table Resp I answer the authority is voyd and revocable for no power can be given that is destructive of humanity Q. But what if the Governors wil not let it go but act accordinly for Domination is a sweet morsel not easie to be parted with R. I answer that in such a case the peâ—ple are bound by the Law of God and Nature by force to redeem their liberties they which be impowred must be overpowred for free men can give away their freedom no further then as it conduceth to justice universal and paticular Phaâ—aohs Law to destroy all the Israelitish males or Herods cruelty or Lycurgus Law to kill all weak or old people or a Law to eat but twice a week doth any man question but these may
rent in the night time but a distresse for dammage Feasant may for the necessity that else the beasts will be gone and so by a generall consent our Noble Senators have broken their sleepes and sate upon the Lords day in cases of great importance but was there any such pregnant necessity to vote that night against the Army I know that the supreame Court can never ty it selfe to any times or houres yet if forty Members shall goe into the House at twelve at night when it was adjourned till the next day and vote any thing to the indangering of the Kingdome in a second and more bloudy warre is not this a pure nullity but I shall say no more concerning that which hath been sower hearbes to Gods people that the walls and bulwarks of the Kingdome should be lookt upon by any as thornes and bryars becauâ—e I consider that things extinguisht may not by Law be revived but this I am confident that our Noble Worthies and the Army are very great gainers by it certainly no vote this Parliament has more endeared the Honourable Houses to all ingenuous men then the revocation and expunging of it For though it be easie for the highest earthly Tribunall to be mistaken by mis-information it is the rarest thing in the world not to justify an errour Every Court is more stiffe to maintaine what they have done then carefull to do nothing but what in right reason may be maintained the magnitude of negotiations and multiplicity of votes many times like apples may hinder the maturity of one amongst 10000. which is not the least dishonour to the great tree of life in our English Paradice the Parliament whereupon growes and which is as the very tree of life of all our temporall liberties Who but a David a Iob a Peter or a Paul will testify such a sweete Spirit of Christian Ingenuity And St. Austin got himselfe more love and honour by his book of recantations then all his other works besides and the Army undoubtedly ha's acquired much honour by that Noble retractation and obliteration being an actuall and effectuall justification and lost none by the publication of it for no dust can stick upon pure marble yet let not the cheife promoters of it pretend innocency nothing but repenâ—ance can be their vindication Indeed our Saviour saies that they shall think to do God good service by killing his servants this is their case who are the reall disturbers and troublers oâ— the peace of this Kingdome they thought to promerrit by Sacrificeing the Children in the sight of the Father There was a great King that was resolved to pardon all the Treasons and Rebellions committed against him till at last he espies the blood of his son sprinkled upon the Traytors garments and then no further condonation The Lord will beare with tyrants and oppressors long as in Turkey Russia c. against that rule Nullum violentum est perpetuum because the times of their Ignorance God regardeth not and they meddle not with the apple of his eyes which is conscience but that pretenders or professors of Religion which had scarce time to blesse God for their own deliverance from Arbitrary power and the Bishops domination should presently become oppressors themselves and persecutors of their Brethren as it is to me one of the greatest miracles in the world so it clearly prognosticates their ruine for pride is the Harbinger of destruction as Thundering and Lightning are not far asunder and ingratitude is seldome punisht in another world What an high esteeme and good opinion had this Army of the Parliament and City what abundance of love did they expresse to them deare souls what needed they to have adventured their lives so freely more then oâ—her men their ingagement was not mercinary as Auxiliaries in France or Spaine who look not at the justice of the cause but the best salary and prolong the warre as coveteous Surgeons keep the wound raw for their own advantage and so drink the blood of poore innocents but it was an honorary service as lovers of their Country that were resolved mori pro Patria rather to dy an Honourable death then to live a servile life and therefore did not make a truce when they had taken one Garrison and give the Enemy time to reinforce like day labourers that care not how long the harvest continues but as if they had contracted by the great to save the Kingdome for so much surmounted all difficulties run upon the mouthes of the Thundering Canons which were invented to deterre men from going to warr as if they had been spirits and not bodyes tangeable or as if they had coveted nothing more then active Martyrdome and what wonders were wrought by them in the revolution of one yeare requires a better memory and an exacter pen then mine to record that the generations to come may call them blessed for by this Army the Lord of Hosts hath rescued and redeemed the liberties and properties of this Nation out of the jawes of all oppressors to the end I trust that being so delivered we may serve him without feare in holinesse and righteousnesse all the dayes of our lives so that I may truly say that this Army whom the Lord maugre all opposition will make glorious Instruments of his prayse hath been the breath of many of their nostrils both in Parliament Assembly and City they had not long breathed but had been strangled or lost their heads had not the Army stood in the gap for them and yet by these mens good or rather wicked wills the Army should not have liberty to breathe in the Land of their Nativity was there ever such a masse of inhumanity and ingratitute heard of What a blemish lies upon the State of Rome to this day for their unthankfulnesse in the case of one Scipio and upon the Lacedemonians for not erecting Monuments of honour for Alcibiadâ—s and Socrates Has not England sins enough to answer for but it must be guilty of ingratitude How would not only Romans but Pagans have erected Statues for the perpetuall Honour of the Noble Generall Lieutenant Generall and the rest of those Joshua's and Worthies which have been as the second saviours of this Kingdome and that which Crowns all is their self-denyall and humility willingly do they talk of their errours but what is well done the Lord hath done it and it would have beene better but for them as the Master that guides the Schollars hand to make a letter the straightnesse is from the Master the obliquity from the Schollar without whom it had bâ—en better yet they and the people of God in this Kingdome cannot but rejoyce that the Lord made use of their hands in this great work of Reformation But that I may not only shew my own affection to the Army and take the Readers affection but convince his judgement and informe the understanding in point of rationall satisfaction I shall endeavour I hope not without
sâ—â—e rather then out reformation might be the cause thereof for doe not their adversaries brag before the victory if many cruell men might have their wils what could the Army expect when disbanded Therefore if they should hereafter suffer they would undoubtedly make themselves a Ludibriâ—â—â— and derision to all the world what 20000 armed men victorious and veteran Commanders and Souldiers not flesh but bone that feare nothing but to offend God neither the sons of Anak not the sons of Cain that speake big like Gyants and persecute their brethren â—an Army that hath the justice of heaven on their sides the prayers of Gods people the good will of the whole Kingdom that have been the Joshuahs that have led Gods people into the spirituall Canaan that are plainly told that if they were disbanded they must not have a mouthfull of ayre in this Kingdome but in a prison unlesse they will put out their own eyes to see by the spectacles of other men in point of Gods service and worship that are called troublers of the State Heretikes and Sectaries that had been better the liberties of the Kingdom had been lost then saved by them and all this to their faces with their swords in their hands For such an Army as this I say to thinke upon disbanding as the â—ase stands I must make bold to tell them that if they should Jesus Christ would take it unkindly from them and they would make themselves culpaple of all the precious bloud that should be spilt in a way of persecution and all the reproaches mockings scornes scourgingâ— banishments imprisonments contempts ignominies disgraced and affronts that shall be cast upon any Christian and the Gospel of Christ which any of Gods people shall hereafter in any wise suffer in this Kingdeme for their consciences and sincerity in Gods service would be laid upon their score and I solemnly professe with words of sobriety upon the Altar of truth that Gods people and this whole Kingdome would have cause to blame them as the greatest prevaricators of all others for to be treacherous for honours is dishonourable for a great Office to betray a trust is sordid and mercenary to betray a trust for feare is cowardly and servile for flattery or insinuation is weake effeminate and childish for love or relation is not so great an offence because more humane howbeit all treason committed against a mans Countrey is inhumane and unworthy but for one Christian to betray another is of all treacheryes the most abominable and here let me make this argument for the Army will it be sufficient for them to say if persecution should arise after their disbanding deare friends we cannot help you the Parliament are all for the Presbytery many of the Assembly and City Ministers were so importunate with many of the honourable Members to settle their Presbytery that we have left all things to them would it not be answered what Hath the Lord that gave you courage taken away â—cir wisdome did you begin in the sâ—irit and end in the flesh Is this the requit all we must expect for all our â—â—â—es for you who have prayed and beleeved you into all your victorior You say it had been most noble and so indeed it had for the Parliament before you engaged to have told you plainly Gentlemen We suspect many of you to be Independents be advised what you doe if you give us the victory we intend to settle a Presbytery and to suffer none to live in the Kingdome but such as shall conforme to the present government if you will fight to settle Presbytery well and good but your victory will be your ruine for the King promiseth a liberty and indulgence to tender consciences Might not your friends in the City and Kingdome as well have expected as much from you that you should have told them provide for your own indemnity the Bishops being by our means put down and abolished and the Presbytery setled wee intended no more as for the freedome of our consciences and yours and finding out an expedient for cheap and quick justice to be administred in all places which might make the poore Kingdome some good amends for all the charges they have been at if the Parliament please to doe it well and good we have that which we fought for Et gaudeant possidentes 'T is therefore but a taking of Gods providence in vain by many that looking only at the outside of things say that this Army loses much of their Honour they had gained by not Disbanding 't is quite contrary they had endangered the losse of their Honour indeed if they had disbanded before Laws and Liberties be setled perseverance is the Crown of Action to fight for Laws and Liberties and then to suffer an inconsiderable number of Intendiaries to trample upon the Priviledges of the Subject this had been a stain of a deep dye the truth is that the bellows are blown by some of the Clergy themselves Who knows not but that Divines as they call themselves have by their Divinations almost infatuated all Christendome but there is no Enchantment against Israel nor Divination against Jacob says Luther If Popery had lasted but two years longer in Saxony the Priests would have made the papists to have eaten straw with the Oxen were not most Kingdomes in Europe governed by Cardinals Bishops Priests and the Clergy who did not easily foresee in England but that it was an impossible thing to abolish Bishops without a War the Hierarchy had such a deep rooting that without a great Earthquake it could never have been shaken I have heard when the Parliament began some worthy Members being in discourse about the putting down of Bishops Master Pym and other gallant men sayd It was not possible to be done and when the Assembly first met they thought it impossible to take away the Common Prayer Book but we see what the Lord hath done for his people by his blessing upon the Parliament and our Armies mistake me not I doe not rejoyce that the COMMON PRAYER BOOK is suppressed for my part if the PARLIAMENT shall so please let those that are so earnest for it keepeâ— it still much good it may do them though I think little good will it do to them it never did hurt to Papists nor good to Protestants unlesse it be to shew them their dangerous condition for they pray that their lives may be more pure and holy and yet many of them scoff and jecreat purity and holiness but though we be not all one in judgement and opinion yet let us be all one in affection and live lovingly together as Brethren for he that loves another onely because he is of his opinion loves himself in that man A friend of mine too violent for the Classicall way seemed to be very angry because his Majesty was permitted the use of the Common Prayer Book I asked him whether in case his Majesty would be graciously pleased to allow him