complyance with him we find matter of acknowledgement before the Lord concerning our error therein and we blesse him that preserved us from worse And if from the divisions we have such complyances have beene with and such advantages given to the Kings party while acknowledged enemies what worse may we not expect when by a Peace made they shall have the reputation of friends To conclude this wee confesse our feares from the act of this Parliaments unlimited continuance If he forme q a ballancing party in the house of Commons for his interest that which should be our conservative would be our baine and yet we should be debarred from change of medicine or if a period be set to this Parliament and no provision for certaine succession and sitting of Parliaments without dependance on the Kings wil or if no provision for a more due constitution by more equall Elections then the successe will be lesse hopefull and safe then the present and you have not in this Treaty made any provision for any of these things But to proceed to shew the certain insecurity to publike interest in an accommodation with a restitution of the King For you the supreame Judicatory of the Kingdome when he is in your power to doe justice upon to decline that way and instead thereof to seek to him your Prisoner in way of Treaty what speakes it lesse then that he is indeed above all humane r justice not accountable to or s punishable do any power on earth what ever he does that kings cannot erre or doe wrong whereas one example in this kind made would be of more terror and availe then the execution of his whole party yea then all satisfaction you can imagine If our King claime by t conquest God hath given you the same against him to fix your justice first upon the head and thereby let his successors see what themselves may expect if that they attempt the like This may hopefully discourage them from heading any more what Instruments they might find in the like quarrell but to punish only Instruments and let the head go free leads u to endlesse trouble besides it seemes a most unequall w and partiall way of justice and the same principles that exempt Kings from justice would x absolve their inferiour Ministers for what they doe in pursuance of such commands If any object the Covenant as obliging us to perpetuall addresses to the King as being the onely way consistent with the preservation of his person and authority We answer the Covenant engageth to matters of publike interests primarily and absolutely without limitation and after that to the preservation of the Kings person and authority with the restriction to wit in the preservation of the true Religion and liberties of the Kingdomes so that it obligeth thereto no further nor in any other way then shall be consistent with this restriction yea this obligation to preserve his person and authority should be fulfilled in the preservation and defence of Religion and Liberty otherwise the whole proceedings of both Kingdoms in s making warre against him for preservation of Religion or liberties were questionable for breach of Covenant since that way of preserving them did tend probably to the destruction and was not with any safe provision for his person or that authority which is in conjunction with it also where severall persons joyning in Covenant for the good and union of themselves who are present and parties to it doe withall make a clause to the benefit of another person to the end he might joyne with them in the agreement and pertake the benefit thereof if the absent party doe not accept but refuse the agreement as he keepes himselfe free from it so he excludes himself from claime to any benefit there from Upon all the reasons and considerations aforegoing we propound First that it may be expressely declared and provided by you that notwithstanding any thing concluded in the Treaty the person of the y King may and shall be proceeded against in way of justice for the bloud spilt and other evils and mischiefes done by him or by his Commission or procurement and in order thereto shall be kept in safe custody as formerly Secondly that for other Delinquents you would lay aside that particular barganing proposition and declare that all Delinquents shall submit to the judiciall power of the Parliament to be thereby proceeded against according to justice or mercy as cause shall appeare and that none shall be exempt therefrom nor pardonable by any other power then that of the Kingdom in Parliament The power of Justice and mercy being thus saved we proceed in order to the actuall dispensing thereof in relation to the late wars and to peace with God and quiet amongst men to propound as followeth First that the z Capitall and grand Authour of our troubles the person of the King by whose procurement and for whose interest onely of will and power all our wars have been may be brought to Justice for the Treason Bloud and mischiefe he is therein a guilty of Secondly that a timely day may be set for the Prince of Wales and the Duke of Yorke to come in by which time if they doe not that then they may be immediately declared incapable of any government or trust in this Kingdom or its Dominions thence to stand exild for ever as Enemies and Traytors to die without mercy if ever after found and taken therein Or if by the time limited they doe render themselves that then the Prince be proceeded with as on his appearance he shall give satisfaction or not And the Duke as he shall give satisfaction may be considered as to future trust or not But however that the Revenue of the Crown saving necessary allowances for the Children and for Servants and Creditors to the Crown be sequestred And the costly pompe suspended for a good number of yeeres and that this Revenue be for that time disposed toward publique Charges Debts and dammages for the easing of the people so as the estates neither of friends to publique interest nor alone of inferiour enemies thereto may bear wholly the burden of that losse and charge which by and for that Family the Kingdome hath been put unto Thirdly that capitall punishment be speedily executed upon a competent number of his chiefe instruments also both in former and latter wars and that some of both sorts be pitcht upon as are really in your hands or reach Fourthly that the rest of the Delinquents English may upon rendring themselves to justice have mercy for their lives and that onely Fines be set upon them and their persons declared incapable of any publique trust or having any voyce in elections thereto at least for a good number of yeers And that a short day be set by which all such Delinquents may come in and for those who come not in by that day that their estates be
and take away those corrupt formes by which snares were laid for such conscientious men But on the Kings part the interest was to doe contrary So that the Parliamentary and publique interests hath been made very much one with the interest of the Godly and the King interest one with their greatest opposites now wee suppose that where a person trusted f with limited power to rule according to Lawes shall not only pervert that trust but assume also hurtfull powers never committed to him and take away foundations of liberty and redresse such a person so doing forfeits all that power and trust he had and g absolving the people from the bonds betweene him and them doth set them free to take their best advantage and proceed in judgement against Him Much more when hee on these termes shall maintaine a war and by division within and invasions from abroad lengthen it well to uphold the interest of his will and power against the Common interest of his people such a person we may justly say is Guilty of the highest treason against the h highest law amongst men now we may conclude that this King hath beene the Author and contriver of an unjust Warre and so is Guilty of all the blood and mischeife to the Kingdome and then how can the publike justice of the kingdom be satisfyed the blood avenged i the wrath of God for the same appeased without judgment executed against him and consequently how far can an accomodation with him when God hath given him so clearly into your power to do justice can be just before god or good men without somuch as a judiciall tryall or evident remorse for his fault he hath so long in word and practice denyed it never k confessed it till all other wayes of force fraud had failed him now confesseth it conditionally so as you satifie him in other things which is great l Hypocrisie and while he thus in word confesseth it yet in m practise he denyes it by continuing Commissions to the Prince and other English Rebells and Revolters yea to Ormond and his associate Irish And what publique benefit can be from reunion of such contrary principles of Tyranny and liberty godlinesse and superstition Concerning the safety of such an agreement for his restitution especially supposing no reall remorse or change but the same principles and affections first how apt are princes in such case to take advantages for a breath and secondly how easily may they do it after such agreement For the former how apt it such a prince to doe it when the n bonds once accepted by him with unquestioned freedome at his admission to the Throne and the Oath of God betwixt him and his people would not hold him but of his owne mind have been all violated by him and to justify the same the law of force set up to the utmost how can it be expected that the bonds of new concessions and agreements imposed by force and vincible necessity should be of more power to hold him when an advantage to recover what he lost doth offer it selfe for the faith keeping of this King his Accords with the Scottish Nation do witnesse for his revengefullnes these petty revenges after severall parliaments which were taken against such patriots as had appeared for Common liberty against his INTEREST Next for o facillity of Princes finding occasion and quarrell after such agreement and yet with some coâ—lerable saving to his honour we know the Court maximes concerning some Crowne Rights which a King cannot give away nor oblige his Heirs in besides some matters of supreme trust are in the propositions barganed for with and taken as by Lease from the King so as to confirme his claime of Right but from the force or necessity lying upon the King in this Treaty there is a ground of evasion from the whole agreement as not obligeing him what soever is drawne from him and this is avowed publikely by the Prince and his Councell in answer to the Earle of Warwick where the Prince clearly sayes the King in truth is still in prison And consider the Prince as heire it serves to acquit himselfe and as the next visible head of the Kings party the King being in durance it may serve on behalfe of the King and his heires and party as a protestation against any conclusion by his Treaty and the King himself hath insinuated the same sence of the Treaty and that not without grounds to gaine beleef he being still confined within your Garrisons and guards and upon his paroll so that if you proceed upon so rotten a foundation and be cousened ye cousen your selves and cannot blame him or his And the King comming in thus may rest secure and wayte his advantage having go your hands bound till he finding it shall strike the first stroak which 't is like he will make a sure one if he can To proceed the King comes thus in with reputation of having long sought peace and that in a Personall Treaty which you after a long denyall at last granting are rendred by his freinds as refusers of peace so long in that the Kings way he comes also with the reputation of having granted for peace sake all that stood you upon although it will apeare nothing at all to the publick interest And if after this accomodation to satisfye the people you shall disband your forces you are at the Kings p courtesie still and are but where you were at first But the King in much fairer possibility to reviâ—e the old quarrell and carry it without fighting for after so much blood and trouble for no thing t is not like you 'le find a competent party for the opposing of him if you continue a sufficient strength taxes they will be the more grevous because deemed unnecessary the King having granted what your selves did aske we might reflect upon his numerous party ingaged by interest or necessity to serve him so long as he remaines in possibillity to head them while hee by his supposed impunity whatsoever he does hath encouragement to make all possible tryall of them and they hope if he ever prevaile he may make them amends whereas this being once confuted by an example of justice upon him for such attempts they would not be feared in relation to his posterities heeding of them besides these we cannot but consider the vast possibilities after his restitution to make or use factions amongst your selves and your adherents and doe not all men acknowledge him most exquisite at it and if he had that faculty to availe at distance much more in your bosomes each party will be apt to strive which shall most and first comply with him of which you and we have seene sad experiences already yet we refused ought of private contract or trust with him and his and all was with saving for the publike interest yet in that degree of our
himselfe in his heart and by peace shall destroy many Dan. 11.23.24 and after the leagâ—â— made wiâ—h him he shall work deceitfully hee shall enter peaceably even upon the latâ— places of the Province and shall do that which his Fathers have not done nor his Fathers Fathers p As the Sheep dismissing their 〈…〉 with the wolves And have the English people suffered so many things in vaine q As he often hath in particular Votes r And Lawes which is to be more then man as Persian and Roman Emperors have been flattered to be for just Lawes being from God Themis the daughter of Iove who is not ever under them ownes not his subjection to God whereas God hath not put that distance betwixt a King and other men they are his brethren though his subjects Deut. 17. ult. So David calls his subjects 1 Chro. 28.2 s if any King because a King be unpunishable by men then all Kings are so and no man may justly punish any King but when a people to be punished should spare their King as Saul the people then admiring haply the persons as well as government of Kings spared Agag 1 Sam. 15.9 but we find Gods Instruments fixing more solemne punishment on wicked Kings then on their wicked people Iosuah slayes all their Kings Ios. 11.17 being thirty one 12. Cap. last and hangs up some Iosh. 10.24.28.30.40 Gideon more solemnely executes the Kings of Midian then other enemies Iudges 8.1.21 Ebud slayes King Eglon Judg. 3.21 So Iehoiadah and the Commanders put Athalia to death 2 Chro. 23.14 and if it be said that these two last Princes came to the Crown by force blood and so were without a title it may be replyed that such was the ontrance of the first of the English French c. Royall race from whom the present Kings claime liue further these two had Raigned and the people been subject to them which makes the most usuall title the one for 18. yeares Iudg. 3.14 the other six yeares 2 Chro. 22.12 Iehu did slay both the Kings of Israel and Iedah 2 Kings 9. and Asaph Psalme 83.11 prayes that Nobles and Princes of Enemies may be used after former examples And as this ranke of men is opposing Christ in the last times so are they by him and his people to be punished Psal. 2. Psalm 110.5 the Lord 〈◊〉 right hand shall strike through Kings in the day of thy wrath Psa. 149.8.9 to bind their Kings with Chaines and their Nobles with Fetters of Iron to execute upon them the judgement written Rev. 19.17.18 the fowles invited to eat the flesh of Kings and Capt. are slaughtered by the Lambs As for David sparing Saul it was necessary for David a private person and under private and personall hate and injury and therefore could not within his bounds and without scandalous appearance of revenge or ambition have done otherwise and it was only declared against the succeeding of his Race not the continuance of his person but the State and people not taking course against Saul did smart in his other way of punishment as for David it appears that he forbore him not meerly out of reverence to his authority for he took up Arms to defend himselfe against him and would if that part of the people would have joyned have maintained Kailah against him 1 Sam. 23. now all this was contrary to subjection and intimates that David if he had beene put to it and he could no otherwise have escaped would have used force against Saul and as for David being spared who can thence conclude that he should be so and if he should be spared then who can conclude the like for every offending King since there was something speciall in his case not applyable to every case besides other there was his publik repentance undoubtedly acknowledged by God to be true also Gods declaring how he should be punished himselfe taking the matter in hand yet so that the people shared in his sufferings further his miscarriage was but an act and against a person not a cause or against a Nation t And in no other way will the people yeeld themselves to the discretion of a Prince to be distroyed or not u 2 Chr. 23. ulâ— And the City was quiet afteâ— they had slaine Athaliah with the Sword w Num. 25.4 5 9. The chiefe men guilty were first hang'd being 1000 and then inferiour men slaine being 23000 as 1 Cor. 10.8 both making 24000. x As for infalliblenesse and superiority to the Law would excuse Abraham in slaying his sonne Gen. 22. and did the Israelites in robbing Exod 12.35 y Even a servant by the Civill Law may accuse his Master as guilâ—y of Treason â—o liberti certis le causis pâ—ssant capitalem accusationem adversus patronos inâ—â—ituere z God hates all workers of iniquity Psalm 5.5 and excepteth not the person of Princes nor regards the rich more then the poore Iob 34.19 and therefore he saith Levit. 19.15 Ye shall doe no unrighteousnesse in judgement thou shalt not respect the person of the poore nor honour the person of the mighty Reformation were better begin at the Majorites then the Minorites Num. 25.17 and the 31 c. Midianites and Psalm 140.9 David prayes against the head of those that compasse him about and he gives a generall Law for punishment of murderers Gen. 9.6 and Num. 35.33 So you shall not pollute the Land wherein ye are for blood it defiles the Land and a Land cannot be cleansed of blood that is shed therein but by the blood of him that shed it 2 Chron. 25.27 Now after the time that Amaziah did turn from following the Lord they made a conspiracy against him Vajiksher gnalaiv kesher ligaverunt contra enim ligationem or ligam some copies of 70 read Syndesmos a Combination League or confederacy against him the words signifies any conjunction as Iob 38.31 of the Pleiades and Nehem. 4.6 of the wall and it is of a warrantable combyning of Iehu 2 Kings 9.14 and this against Amaziah was in Ierusalem the seat of the chiefe State or great Councell of the Kingdome and it was done as it seems by publique Authority for he fled to Lachish and there as Iunius 2 Kings 14.21 lived a private life for eleven yeeres in the mean while when they so conspired or combined against him the whole people of Iudah made Azariah King instead of his father yet though they deferred the execution they did not omit it but after the said yeers sent after Amaziah to Lachish Vbi morte offecerunt eum vamitha hac Ethana to Sea they put him to death So that this was done in an open publique not in a sudden and clandestine or tumultuous way which it selfe was not afterward punishable as in this case of Amaziahs father 2 Kings 12.10 14 chap. 5. and of wicked Ammon the people slew them servants of his that slew him in his own house 2 Kings 21.23 24. a It cannot be unjust to desire justice and that on and as a guilty man and no further * 2 Chro. 23.3 All the Congregation made a Covenant with the King 2 Sam. 16.18 whom the Lord and his people and all the men of Israel chuse his will I be