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A80408 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. Cook, John, d. 1660. 1647 (1647) Wing C6026; Thomason E404_29; ESTC R201862 78,816 92

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fearing nothing so much as Errours and Heresies concludes upon the whole matter having read all arguments pro and con that it is better to suffer a mischief then an inconvenience better that many good Christians should be imprisoned for their consciences then that under the Notion of Independency the peace of the Church should be indangered by Errours and Heresies and gives his vote though with some reluctancy that those that cannot submit to a Government let them go beyond sea where they may enjoy their liberty and not having faith enough to beleeve that truth will at the length get ground of errour nor cleerly understanding that the sword of the Spirit must cut down Errours takes the materiall sword which was never sanctified to that purpose whereby it will appeare how vain that objection is that the Army hereby loses all their honour in not disbanding upon vote being commissionated by the Parliament as if a man that takes a Commission to fight for Laws and Liberties that concerns himselfe and others hath any reason to sheath his sword till he hath obteined what he fought for since by Gods infinite blessing upon and gracious presence with our Noble Worthies in Parliament and victorious Armie the ship of this Kingdome after many Herricanes is safely arrived full fraught with those precious commodities of the Subjects Liberties and properties whereof Liberty of Conscience is the maine so as no man pretend a conscience to disturb the peace of the Kingdome which every Student of the Law knows when the peace is broken Those men that by the Oars of their pestilent Counsels shal be working to row this ship back again into the sea of a second and more bloudy warre are unworthy of their generation unworthy to breath in English ayre be they reckoned the great Catoes for counsell or any other incendiaries in the Kingdome who thinke they cannot stand fast and permanent but by the ruine of others more faithfull then themselves there is no necessity for a man to be of this judgement or that but there is an absolute necessity of peace and preventing new troubles 't is absolutely necessary to maintain the royall law of love all Laws and Orders for uniformity must doe homage to the law of unity and brotherly love we must not cut mens toes and fingers to make them all of a length if uniformity were so absolutely necessary then ought they to conforme to those wh●ch out of conscience cannot come to them rather then the Kingdome should be destroyed for they may safely come to them and what would not an honest man doe to save a Kingdom that may be done with a good conscience They ar● bound by the Law of God to deliver Gods people and this whole Ki●gdome from all oppressions both in soules and bodies A man may be damned for not doing his duty as well as committing a great sinn● Moses sayes that they that forsake their brethren shall never come into Canaan so Mat. 25. In prison and previsited me no● his Army ought by the equity of that Scripture to keepe all honest conscientious men that offend no just Laws out of priso●s you may read in that Chapter that Jesus Christ is that great Travailer who ● this Ascention tooke his journey into a far Countrey and delivered his goods to his servants as it is in the parable of the Talents and in a time of Reformation every Christian must help to facilitate the worke for Christ appoints no Lord Treasurers to impropriate his gifts but all steward● o●●y out what God b●th given to every man for the good of the Kingdom of heaven that I take to be the meaning of Mat. 6. To set the Crown upon the head of Christ every man ought to serve God by serving his Countrey in his lawfull calling the end whereof is not to multiply riches but to doe good in his generation men abuse their callings Called Contra formam Collationis and an action will be brought another day against many rich men in this Kingdom Take another Scripture Thou sh●lt love the Lord thy God with all thy soule toto corde anima mente with all thy heart couragiously for courage belongs to the heart the soule of religion is to be valiant for Religion and to fight against those that would rob us of it not to kill them but to preserve it with all thy soule affectionately for Anima is the source of all the affections what a man loves he will defend Religion is a mistresse well worth fighting for her defence with all thy minde the minde is the superiour part of the soul spiritually discreetly with zeal according to knowledge The thing I intend is that Christ must be honoured with strength and power as well as with other naturall parts and abilities and riches or any other gifts some have written which yet is so weake an errour that I wonder it should deceive any man that the sword ought not to be employed for Religion that though I may fight to defend my clothes or my cattell I may not fight to defend my Religion like some Indians that will fight for a pin but not for gold Possibly a mans pen and his heart may differ in opinion I know there were some in Germany pretended that no man ought to fight in Gods cause but to contend lachrimis precibus as King H. 8. was wont to say merrily If it be a good Religion it will defend it selfe if a bad one it is not worth defending let God alone with Religion but these very men did afterwards fight for Religion in pretence at least and said their former opinion was good unlesse God puts the Sword into their hands It seems to me that the Revelation holds forth cleerely that the Saints must have the honour to destroy Antichrist whose spirit reigns in all those that will domineere imperiously over the consciences of their brethren for therefore is he called THE Antichrist It would be an excellent worke for some judicious Minister to explain that in the Revelations how the holy faithfull and chosen shall make a warre for the Lambe against the Beast and prevaile and whether any of the ten Kings shall hate the Whore it might be very satisfactory This worke of the Army is Gods own handy-worke their not disbanding had its immediate rise from heaven the Lord would not have them lose the glory of all their victories the very truth is that it is meerely and purely for the love of this Kingdome that they keepe the Sword a little longer and not for any pecuniary respects or self-ends I am credibly informed and I verily beleeve it that notwithstanding any thing said or done against them they were fully resolved and concluded to disband and to commend their righteous cause to their heavenly Father with the rest of their brethren in this Kingdome but as the hearts of Kings so the hearts of Armies are in Gods hands as clay in the hands of
loves the Assembly yet conceives that Liberty had been long since setled but for them who make the smal differences between the Conformists and Reformists wider 45. The absurdity of that Common Argument that if Independents be permitted then Papists must Errors in Religion to be tolerated but not against Religion 46. That there are more differences between the Papists then are in this Kingdom therefore we are to spend our wit upon them and our love upon Protestants Pope Joan in the dark as good as my Lady 47. A moderate Presbytery commended for restraining vice and for external beauty but a rigid Presbytery dangerous to this Kingdom men wiser in the South then in the North the danger of Coactive violence in matters not fundamental 48. Whether it be as lawful to fight for Christs Kingly Office as for his Priestly Office and whether Christians may presume of Gods extraordinary power in case of Arms without an extraordinary warrant 49. What Liberty of Conscience is desired and that natural men know not what belongs to spiritual priviledges and what use may be made of the late Common-prayer-book 50. A request to the Assembly to become suitors for just Liberties and to the Army not to mingle their interests by any means with those that shal oppose the High Court of Parliament Redintegratio Amoris OR A Union of Hearts between The Kings Most Excellent Majesty the Right Honourable the Lords and Commons in PARLIAMENT His Excellency Sir Tho. 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 AFter a shower how glorious is the Sun The War being ended what endearments should there be between all true-hearted English men When hands are tyed the great business is to unite hearts 'T is the wisdom of State when the heart of War is broken to deal Honorably with the Conquerors and gently with the Conquered 'T is the glory of a State as wel as a man to pass by an infirmity and far more noble to forgive him whom thou mayst kill then to kill him whom thou mayst forgive The Title of this Treatise I hope will please every man but such as feed only upon poyson which creatures soon after break in pieces that are grown rich in a time of poverty or fear a Day of Account before the Day of Judgment some only can fish in troubled waters the matter of it I hope wil relish wel to wel-tempered pallates that have the salt of reason for my own particular it hath ever been my hearty prayer and what I have prayed for I have ventured to write for though I know very few that have gained any thing by the Press besides their own contentment but hard censures but he that is wise when men are fools is true when they are lyars I am not in love with my own conceptions and yet will father them that they be not illegitimate and the mother conceiving them is a single heart as an English man the subject is weighty and many ticklish points but strong affections may be discerned by weak performances and I hope men are more merciful then formerly those that love wil excuse let others bring reason for reason I am satisfied to give the Reader rational satisfaction I must dig deep for these precious truths for taking too much upon trust and that to be reason which only looks like it hath occasioned our late mischiefs And 't is as hard to make some men beleeve the Truth as it is to disswade others from Errors Wherein as it is said of Errors that to reduce them to their first original is to refute them bastards love any discourse but to hear of their originals so in all matters of Reformation by the Interven-of the Sword the foundation Root highest wel-spring fountain end and grounds of all government is in the first place to be sounded fathomed and discovered which under favour have been the great defect in many writers in this late Com●●stion that speak of obedience to higher powers of the un●awfulness of resisting and of the Rights and Liberties of the people● 〈◊〉 drawing from the Fountain but following the stream● of former Authorities and practises of other times which have ●he ●●●●●nance of example but not the least force of a Law 〈…〉 striving to know by the Causes why such a Government is appointed or Law is made as by the effects that so they find it to be Which Impolitiques is the Reason why there are so many Practises to be reformed in Courts of Justice the Judges finding the course of the Court which they say makes the Law to be so they never look further at the reason why it is so for if they did but consider the end and primary intention of all Laws viz. the execution of justice which consists in giving every man his own they would rather dispence with 10000 formalities and niceties in Law then neglect the doing of justice rather suffer all the courses of the Court to be broken and shivered into attomes then suffer one poor man to be undone by a mispleading or Error in the proceedings for justice is of moral and of perpetual equity but the course of a Court is but Ceremonial the Ceremonial Law of God always gave place to the moral when it appears fairly to the Court that the Debt is due or that the Plaintiff hath title to the Land if there be as many Errors and mistakes in the pleadings as there are stars in the Firmament the Judg must break through all forms to make the Plaintiff master of his right and to object matters of form and confusion is but to tyrannize over poor men that are not able to buy Justice and to be more careful of the shoo then of the foot that wears it Resembling herein the stranger that admiring the height of St. Marks-Tower in Venice thinking the Foundation could not be deep by reason of the water was very studious to know whereupon so goodly a Fabrick stood the people said it was so but how it came about was for the Senate to know the reason they troubled not themselves about it but I must dig deep for this precious truth and go to the ground of the point which being ●ound in the groundsels the building is not to be suspected and I conceive 1. That by nature all men are born alike free as we hold all by Frankalmoign so nature is Gavelkind tenure and there is no power natural but parental further then every man doth expresly or implicitly impower other men over him and every Father is a King in his own family Abraham Isaac and Jacob in Canaan had no Government but Domestical Parental or Proparental And though I cannot agree with Learned Charron that the Jews had power of life death over their Children which he would prove by Abrahams offering up Isaac which he supposes Isaac being about 25. would not have
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 m●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 ●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 creat●d so by the same power they are d●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 d●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 B●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
his Majesty give his Royal Assent to all such Laws that both Houses shal present unto him Put the case then that the Lords and Commons in England present an Act for the free exercise of the Protestant Religion in this Kingdom and the Lords and Commons in Ireland present an Act to his Majesty for the establishing of Popery in that Kingdom what should his Majesty do in such a case Must not his Maiesty see by his own eys and make use of his own Iudgment and discretion what is fittest to be done therein Are not the sinews of the Leviathan perplexed as Iob speaks is not this a ground to scruple the verity of that doctrine that his Maiesty ought by his oath to ratifie such Laws as shal by both Houses be agreed upon I have known many Clyents reconciled after tedious suites and long endeavoring the ruine of one another but it hath been upon this ground that they have verily beleeved that nothing was done by either of them maliciously but in order to the obtaining of their several rights and that by Gods blessing hath been an expedient not only to tye their hands but to unite their hearts that it may be so between the King and Parliament is my dayly prayer til it be so this Kingdom wil not be setled in peace and tranquillity The very truth is that by the Letter of Scripture and some Law cases the King had a Colour to do what he did as Gods Ordinance having an undoubted right to the Crown by descent as his proper inheritance which no other Court in the Kingdom could have the least shadow of reason to do if they should break trust with the people I have but one stair more to mount before I come to the Army and that is how far the Kingdom is to be obedient to the King and Parliament in all cases And herein I desire to be carefully observed because the Kingdom cannot be convened in it's diffusive body therefore it is formed into an artificial body in the high Court of Parliament which without all question is the Supream Court from which there is no appeal to any other concerning positive Laws for the deciding and determining of the arduous and most difficult affairs of the Kingdom both for titles of land when they please and all the great turnings and windings of state it being most proper to determine the greatest matters in the highest Court in which cases though the judgment of Parliament be not unerrable because the members not impeccable yet it is Inevitable for the Publique judgment of state resides there and it is the wil of God that for the preventing of wars and bloodshed that there should in every nation be some supream Court to whose determinations every private man is to submit as it is in Deut. Deut. 17.11 possibly many of the Iews might conceive that the ju●gment of the Iudg●s Levites was not always right yet it must stand to prevent a greater evil I am not of opinion with learned M Jenkins that acts of Parliament which carry a seem●ng repugnancy are voyd or that the Judges have power to controle acts of Parliament and construe them to be void for this is to erect a higher tribunal the Judges are obliged to expound the Statute according to the intent of the makers otherwise they that are at the Oars should row against them that sit at the stern The intent of the Legislators is the Empress and Qeen Regent which the Judges are strictly to observe and the●efore that objection of a repugnancy in the countenance of this Pa●liament for how can ther● be a Parliament every 3 year if this continue 7 years is but a flourish for in all acts grants and wils such an Exposition is to be made that every word may have its weight and be of force the meaning is pla●n that after this Parliament the●e shal be a Triennial Parliament some incongruity no more then when a man makes a Lease for 7 years after from year to year and no ac● shal be construed to be voyd when by any reasonable intendments it may be made good the Judges being Assistants in the upper House cannot but know the meaning of the statute if it should be penned obscurely and by the same reason they ought as wel to take notice of every private act as those which are general and not to hazard the right of the Subiect upon a nicity of Pleading which is so fatal to many mens rights but it behoves Mr. Jenkins to hold that Iudges may expound acts of Parliament to be void when himself being a Iudg in Wales nullified Ordinances of Parliament made for the liberty of the Subiect which he ought to look upon as an Ordinance of God not to be disputed but obeyed but this is the fruit of his studying Law upon the Sabbath days whereof he was wont so much to glory that he gained one year in 7 in his study but all the hurt I wish him is that he would now study the Law of God which is the only touchstone of all humane Actions and the Archetype of all Governments and what is against it is pure innovation But this I agree that a statute against the law of God or nature is void for man having no hand in making the laws of God or nature they may not intermeddle in the Changing or repealing of them but any positive law made by man may be altered by the same Authority and therefore the meaning of that in Dan. like the Laws of the Medes and Persians which are unchangeable is to be intended either that those Laws were only a ratification of the Law of God or nature a● the Counsel of Trent that gave Authority to the holy Scripture or else that they might not be altered by the Emperor without the peoples consent In the next place I conceive that no fundamental law of this Kingdom can be altered by the King and Parliament but my meaning is that nothing is fundamental but what is for the safety and happyness of the people that which was no Law before it was written that may be altered but the happiness of the people was a Law before all written Laws Magna Charta was Law before it was written and collected but for easier Conservation being for the peoples happyness and that statute in 42. E. 3. that every Law made against Magna Charta shal be void is no more then the voice of Reason for the Foundation cannot be removed so long as the building stands It troubles me to hear when I am saying that Lawyers ought not to make the trouble and disquiet of poor men the Basis of their Grandor And that it were happy for the Kingdom if the Parliament would device some expedient for summary justice what saies one wil you destroy all and change the fundamental Constitutions of the Kingdom As if the ease and welfare of the people should be their destruction I look upon it